City Council

Minutes from the Petersburg City Council meeting held on: January 13, 2015 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, January 13, 2015, at the Union Train Station. Mayor Myers called the closed session meeting to order at 5:30p.m. 1. CLOSED SESSION MEETING – 5:30 P.M. 2. ROLL CALL: Present: Council Member David R. Coleman Council Member Brian A. Moore Council Member Samuel Parham Council Member Treska Wilson-Smith Vice Mayor Carl M. Ross Mayor W. Howard Myers Absent: Council Member John A. Hart, Sr. (arrived at 5:36pm) 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: 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 briefings by staff members pertaining to actual litigation, where consultation or briefing in the open meeting would adversely affect the litigation posture of the City. Council Member Moore moved that the City Council go into closed session for the purposes noted by the City Attorney. The motion was seconded by Vice Mayor Ross. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Coleman, Moore, Parham, Wilson-Smith, Ross and Myers; Absent: Hart City Council entered closed session at 5:30 p.m. CERTIFICATION: Vice Mayor Ross made a motion to return City Council into open session and certify the purposes of the closed session. The motion was seconded by Council Member Moore. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Coleman, Hart, Moore, Parham, Wilson-Smith, Ross, and Myers 15-R-3 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 – 6:30 P.M.  Minutes from the Petersburg City Council meeting held on: January 13, 2015 -2– ______________________________________________________________________________ 2. ROLL CALL: Present: Council Member David R. Coleman Council Member John Hart, Sr. Council Member Brian A. Moore Council Member Samuel Parham Council Member Treska Wilson-Smith Vice Mayor Carl M. Ross Mayor W. Howard Myers 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. MOMENT OF SILENCE: a. Clerk of Council, Nykesha D. Jackson, led council and the audience in a moment of silence. 4. PLEDGE OF ALLEGIANCE: a. Clerk of Council, Nykesha D. Jackson, led council and the audience in the pledge of allegiance. 5. PRESENTATION/PROCLAMATIONS/RECOGNITIONS: (Each presentation will be limited to 10 minutes.) a. Presentation of Petersburg Area Transit’s operational changes by Dironna Belton, General Transit Manager. BACKGROUND: The operational changes pose minimal impact, and have no significant impact to the surrounding community and pose no disturbance to the existing local community’s transit services. The small operational enhancements are categorized as level one. Projects in this category include small changes in operation of services through route or scheduling adjustments, impacting not more than 15 percent of daily revenue hours and do not require a formal planning process. In consideration of the public involvement process to be implemented for any transportation effort, Petersburg Area Transit is providing information on the operational changes to City Council and the MPO in the project area. The attached presentation describes the activities and anticipated impacts. RECOMMENDATION: To receive information on the operational enhancements to be effective February 1, 2015. Dironna Belton, General Transit Manager, gave a brief PowerPoint presentation on Petersburg Area Transit’s operational changes. There was discussion among City Council Members and staff. 6. CONSENT AGENDA: a. Minutes of the Council meeting held on December 9, 2014.  Minutes from the Petersburg City Council meeting held on: January 13, 2015 -3– ______________________________________________________________________________ b. Request to schedule a public hearing on an appeal of the Architectural Review Board’s denial of a Certificate of Appropriateness for property addressed as 303 High Street. c. Request to schedule a public hearing on a proposed Ordinance providing the City of Petersburg with a non-exclusive perpetual easement granted by Virginia Electric and Power Company on property located at 33 Rawlings. d. Request to schedule a public hearing on a proposed Ordinance authorizing the City Manager to execute a Deed of Easement with Verizon Wireless to provide a non-exclusive easement on City property located at 255 E. South Boulevard. e. Request to schedule a public hearing on a proposed Ordinance declaring 216 Mars Street a blighted property and a nuisance to the community. f. Request to schedule a public hearing on a proposed Ordinance declaring 218 Mars Street a blighted property and a nuisance to the community. g. Request to schedule a public hearing on a proposed Ordinance declaring 852-54 East Bank Street a blighted property and a nuisance to the community. h. Request to schedule a public hearing on a proposed Ordinance declaring 911 Rome Street a blighted property and a nuisance to the community. i. Request to schedule a public hearing on a proposed Ordinance declaring 1002-04 West Washington Street a blighted property and a nuisance to the community. Council Member Wilson-Smith stated that within the minutes on page 12 before the items on number 10, it states “the grand opening for Bon Secours and Family dollar is coming to Halifax Triangle.” She stated that she does not think that it should say that and that it should be corrected. Council Member Coleman made a motion to accept the Consent Agenda with the corrections to the December 9, 2014, minutes as noted and to schedule public hearings for items 6b-6i on February 3, 2015. The motion was seconded by Vice Mayor Ross. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Moore, Parham, Wilson-Smith, Ross and Myers 7. 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 preliminary agreement for the design of the Rehabilitation of the Poor Creek Pump Station Force Main. BACKGROUND: The City of Petersburg received an unsolicited Public-Private Education Facilities and Infrastructure Act (PPEA) from Faulconer Construction Company, Inc. in November 2012 for rehabilitation of the Poor Creek Pump Station Force Main (Project). The City of Petersburg has determined that there is a public need for a benefit derived from the Project. The City of Petersburg now desires to enter into this agreement to initiate the process of designing and implementing plans for the project, subject to terms, conditions, appendices, exhibits, and attachments to the agreement noted as attached. RECOMMENDATION: Recommend Council adopt the attached Ordinance authorizing the City Manager to enter into an agreement with Faulconer Construction Company, Inc. Gary Duval, Public Utilities General Manager, gave a brief overview on the proposed preliminary agreement for the design of the Rehabilitation of the Poor Creek Pump Station Force Main.  Minutes from the Petersburg City Council meeting held on: January 13, 2015 -4– ______________________________________________________________________________ Ms. Jackson opened the floor for public comment. Seeing no hands, Ms. Jackson closed the public hearing. There was discussion among City Council Members and staff. Council Member Coleman made a motion to approve the attached Ordinance authorizing the City Manager to enter into an agreement with Faulconer Construction Company, Inc. The motion was seconded by Council Member Moore. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Moore, Parham, Wilson-Smith, Ross and Myers 15-ORD-1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT TO INITIATE THE PROCESS FOR DESIGN AND REHABILITATION OF THE POOR CREEK PUMP STATION FORCE MAIN 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. Jewel Hill, 551 Lock Lane, stated that she stands asking City Council to resend the previous vote regarding the closing of the City jail. She stated that the Council has counted the cost. She stated that prophetically speaking everyone must consider the lost. She stated to City Council that there needs to be a reason and consideration of add up of the losses of revenue if the City did not have a jail. She stated that since 1998 there have been over 1,500 jobs lost in the City. She stated that in addition 900 state jobs have been lost. She stated that the jails audit have been 100% in matching and meeting the standards of practice. She stated that it is her opinion from a forensic expert stand point that it is Riverside Regional Jail who should be issuing the Sheriff Department and Petersburg funds to expand and accommodate female inmates who are sleeping on the floor at Riverside Regional Jail. She stated that if this is true then it is a DOJ violation. She stated that the Sheriff’s record on the record can be pulled and it cannot be changed. She stated that they are looking at quality of care. She stated that if she had gotten a report or someone reported to her she would call the Sheriff’s Office and that she will return her call that day. She stated that the Sheriff has a track record. She stated that you cannot have a 100% audit record and not do your job. She stated that the paper stated that 61 people would be affected. She stated that 32,410 people live in the City and that these are the people that are going to be affected and the neighborhoods. She stated that she happens to have a former deputy sheriff that lives beside her and that she feels a lot safer and that her neighbors feel safer as well. She stated that these 61 deputies have family members and that there are over 250 of them and that they matter. She stated that the businesses in the City that feeds these families are within the City. She stated that she learned something in Mayor Myers ward when she was a little girl. She stated she learned “Be careful how you treat those on your way up cause these are the same people that you may meet on your way down.” Vanessa Crawford, 1616 Kings Road, stated that as an addendum to the previous correspondence that she has forwarded to City Council regarding the jail she would like to reiterate some key points. She stated that they estimate that the dollar value of community service projects provided by the inmate public workforce is in excess of $100,000 per year. She stated that this is the cost of eight inmates five days a week at six hours a day at a rate of minimum wage of $7.50 per hour. She stated that this is $1,800 weekly. She stated that this computes to $93,000 yearly and $468,000 within a five year period and $702,000 within a seven year period. She stated that this is a modest figure as they have inmates that perform service on weekends as well. She stated that these figures are not calculated. She stated that they often have more than eight inmates working on special projects and that these figures are not included in these totals. She asked how could this not be a value to this City when she get request daily from City offices for work to be done from the inmates under  Minutes from the Petersburg City Council meeting held on: January 13, 2015 -5– ______________________________________________________________________________ supervision of the deputy. She stated that she has requested over and over again that the jail be supplied with air and a working elevator. She stated that it was at Mr. Johnson’s request that a new facility be perused and not at her request. She stated that each time that she met with City Council she has always included to just giving them air conditioning. She stated that today she would ask the same thing. She stated that she would ask them to resend the vote so that she can provide air conditioning to the staff that work there and the inmates that live there. She stated that from City Council’s own report issued by Davenport on April 26, 2013, even if they do not get a new jail the City will still be responsible for providing a lock-up which was estimated at $5 million dollars in 2012. She stated that this is three years later and that it is evidence to believe that construction cost have gone up. She stated that the state provides resources for salary for jail personnel. She stated that for lock-up the City has to provide total responsibility to build this facility which will be over $5 million dollars and it will have to be totally funded with City funds. She stated that if new construction for a lock-up is needed then it would make since to utilize the funds to renovate the original facility. She stated that transportation cost would have to increase for the police department. She stated that she ask City Council tonight to vote to rescind the vote from the December 9, 2014, City Council meeting to close the jail. She stated that if nothing else to give them the air conditioning at the jail. She stated that there will not be any cost saving to the City with closing the jail. Bishop Mary Bonner, 1017 West Washington Street, stated that she is speaking on behalf of Sheriff Crawford and the City jail. She stated that the Sheriff is a right foot which is grace. She stated that she is also a left foot which is mercy. She stated that traveling through the City the Sheriff is favor. She stated that she wrote a letter to City Council stating what has already been stated. She stated that if something is not broke then why they are trying to fix it. She stated that she leaves with them “God show me your glory” and “watch God work.” Dennis Myers, 508 Oak Hill Road, stated that he is here to ask City Council as they go into their first meeting for unity. He stated that he congratulates them on what they are doing and that they are doing a good job. He stated that everyone has his card. He stated that if there is a time when they need someone to talk to then they can give him a call. He stated that he has lived in the City of Petersburg for 58 years. He stated that he went to Petersburg High School, Richard Bland College, and Virginia State University. He stated that he has five degrees. He stated that he looks forward to working with each City Council member. He stated that he is not sure what the procedures are but that he is going to ask God to bless them. He led City Council and the citizens in prayer. Vernel Gannaway, 652 Old Wagner Road, stated that he wants City Council to come together as one and do the right thing for the City of Petersburg. Jack Gravely, 1725 West Princeton Road, stated that this is bigger than the City of Richmond and the City of Petersburg regarding a new jail. He stated that as the Sheriff has stated jobs, growth and the report from Davenport says it well. He stated that one of the things that he would urge City Council to do is that in looking at funding for building a new jail to think outside the box and be creative. He stated that one example is that if the City wrote 25 schools of architecture and lay out what they are looking for in a jail with some ideas then the school would probably take the project on free of charge. He stated that the reports are coming from the people that are talking to you and that they are money makers. He stated that they are looking at the bottom line in profit. He stated that a school of architecture is looking at what is best for the community. He stated that this is one idea in thinking outside the box. He stated that another issue in thinking outside the box is funding. He asked whether they have gone to the state and federal level for funding or private corporations for the jail. He stated to City Council to not think small in the City of Petersburg. He stated that they need to think big and act big and that this is what he believes. He applauds them and supports the City. He stated that they will be seeing more of him at City Council meetings. He stated to City Council that they need to think about the repercussions if they close the City jail. He stated that it will be beyond the 61 deputies and employees. He stated that if they want something else to think about they need to think about the closing of the tobacco factory in the City some years ago. He stated that he does not envy their work or mission in the City and that he supports them. He stated that he would like to give a shout out to the City Manager for some of the things that he is hearing, seeing and reading that he is trying to do. He stated that Petersburg needs to go big. He stated he knows that the money is important and that the money is there but he is talking about the creativity and ideas and believing that the City can do great things.  Minutes from the Petersburg City Council meeting held on: January 13, 2015 -6– ______________________________________________________________________________ 9. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of the City’s amended 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. Following Council’s approval of the 2015 Legislative Agenda on November 25, 2014, and amendment was made to include requests for funding for the Petersburg School Division. The amended Legislative Agenda is attached for your review. The amended section has been highlighted. RECOMMENDATION: Recommend Council approve the attached 2015 Legislative Agenda. William Johnson, City Manager, gave a brief overview of the amended 2015 Legislative Agenda. There was discussion among City Council Members and staff. Council Member Moore made a motion to approve the 2015 Legislative Agenda. The motion was seconded by Council Member Hart. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Moore, Parham, Wilson-Smith, Ross and Myers b. Consideration of the appropriation of Federal Asset Forfeiture funds received by the Commonwealth’s Attorney. BACKGROUND: The Commonwealth’s Attorney received a Treasury Equitable Sharing Funds check in the amount of $21, 651 in federal asset forfeiture funds. The check was submitted through the Virginia Office of the Attorney General. The Commonwealth’s Attorney’s Office is requesting that the funds be appropriated in order to fund dues and subscriptions, educational travel and seminars for attorneys, and equipment needs for the office since the budget has been so drastically reduced. RECOMMENDATION: Recommend Council adopt the attached appropriation ordinance. Council Member Ross made a motion to adopt the appropriation ordinance in the amount of $21,651 for Commonwealth Attorney-Federal Asset Forfeiture. The motion was seconded by Council Member Parham. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Moore, Parham, Wilson- Smith, Ross and Myers 15-ORD-2 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIAITONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2014, AND ENDING JUNE 30, 2015, IN THE SPECIAL FUNDS FUND IN THE AMOUNT OF $21,651 FOR COMMONWEALTH ATTORNEY-FEDERAL ASSET FORFEITURE. Council Member Wilson-Smith stated that she would like to draw everyone’s attention to the nomination forms in the back of the room for the 3rd Annual Ordinary Women Doing Extraordinary Things. She stated that she is sure that there are several women in the Petersburg community worthy of this honor. She stated that there will be a community meeting for the Blandford area at the Liaison Restaurant on January 24th at 10:00am. She stated that she had a couple of concerns that she wanted to ask about. Council Member Wilson-Smith made a motion that City Council agree to meet with the school board twice a year. The motion was seconded by Council Member Hart. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Moore, Parham, Wilson-Smith, Ross and Myers  Minutes from the Petersburg City Council meeting held on: January 13, 2015 -7– ______________________________________________________________________________ Council Member Wilson-Smith stated that at the last City Council meeting on December 9th, former Council Member Pritchett brought up the subject of Fleet Street that had been in the newspaper. She stated that he asked about the second piece of property and that she went back and looked online and saw where two pieces of property were sold. She stated that she read the minutes and it stated one piece of property. She stated that she is requesting that the City Manager come back to the next City Council meeting to have this information explained so that she can understand this better. She stated that the demolition of Rialto has brought up a lot of concerns. She stated that she would like some understanding. She stated that City Council had an Organizational Meeting on January 5th and there was no mention of this. She stated that when she did see this it was on Facebook. She stated that she would like some understanding and protocol for the way that they decide on which buildings are taken down. Council Member Hart stated that he would like to say Happy New Years to everyone and welcome to the City of Petersburg. Council Member Coleman made a motion to rescind the motion that was made on December 9, 2014, to close the City jail until City Council can meet in good faith with the Sheriff and her staff. Mayor Myers stated to Council Member Coleman that he does not believe that this motion can be brought on the floor. Mr. Telfair stated that Council Member Coleman cannot bring this particular motion to the floor. He stated that under Roberts Rules of Order, under which City Council agrees to operate under, states only a member from the prevailing side can bring back a motion to reconsider. He stated that this particular motion is time barred. He stated that there is a 30 day statute of limitation prior to rescind any time of decisions. He stated that the 30 days period lapsed on January 9th. He stated that today is January 13th. He stated that for those particular reasons this cannot be brought back. He stated that if any member of City Council desires to have further discussion with him regarding this issue then he request that they let him know so that they can return back to closed session. He stated that he will not discuss his legal issues publicly because such conversations are privileged. Council Member Coleman stated that he has a copy of Robert’s Rules of Order and he is not seeing what the City Attorney is seeing. He stated that the information states that there is no time limit on making a motion to rescind. He stated that he also has a copy of Robert’s Rules of Order and he would like for the City Attorney to show him what he just stated. Mr. Telfair stated to Council Member Coleman that he will not engage in any type of debate with him. He stated that he is not a public official and that if he would like for him to read from the book he can. 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 briefings by staff members pertaining to actual litigation, where consultation or briefing in the open would adversely affect the litigation posture of the City. Council Member Moore moved that the City Council go into closed session for the purposes noted by the City Attorney. The motion was seconded by Vice Mayor Ross. There was no discussion on the motion, which was approved on voice vote. City Council entered closed session at 6:59 p.m. CERTIFICATION:  Minutes from the Petersburg City Council meeting held on: January 13, 2015 -8– ______________________________________________________________________________ Council Member Moore 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, Hart, Moore, Parham, Wilson-Smith, Ross, and Myers 15-R-4 A RESOLUTION CERTIFYING, AS REQUIRED BY THE CODE OF VIRGINIA, SECTION 2.2- 3712, THAT TO THE BEST OF EACH MEMBER’S KNOWLEDGE, ONLY PUBLIC BUSINESS MATTERS LAWFULLY EXEMPTED FROM OPEN MEETING REQUIREMENTS OF VIRGINIA LAW WERE DISCUSSED IN THE CLOSED SESSION, AND ONLY SUCH PUBLIC BUSINESS MATTERS AS WERE IDENTIFIED IN THE MOTION CONVENING THE CLOSED SESSION WERE HEARD, DISCUSSED, OR CONSIDERED. Mayor Myers stated that City Council has reached a consensus and that they will be meeting with the appropriate parties moving forward in the next two days. Council Member Parham stated that he would like to thank everyone for the opportunity to serve and look forward to solving the problems in City that are in the best interest for Petersburg. He stated that he also looks forward to reaching these goals as well. Council Member Moore stated that it feels great to be in the 2015. He stated that he supports the Mayor and Vice Mayor in doing the right thing for the City. Vice Mayor Ross stated that he would like to wish everyone a save and Happy New Year and for everyone to have a blessed year. He stated that may the City be as one and not as two. Mayor Myers wished everyone a Happy New Years and that it is a privilege to serve the City of Petersburg as the Mayor. He stated “I AM PETERSBURG.” 10. CITY MANAGER’S AGENDA: a. City Manager’s report 1. When I received my utility bill, the information was cut off. Also, please clarify the penalties, etc. Please advise. a. Mai Monteiro, the City’s Utilities Billing Supervisor, met with Mr. Gannaway regarding his bill. All residents will be receiving a new type of bill this spring which will be easier to read than the existing bills. 2. Can the city get rid of City decals for cars? a. Per the City Treasurer, the requirement for City decals is an issue only City Council can bring forth to vote on to decides whether to continue them or get rid of them. 3. When will the Rules of City Council about time changes be addressed? a. Section 1 of the Rules of City Council states that City Council meetings will begin at 6:30p.m. Mr. Johnson stated that he would like to welcome Council Members Hart and Parham. He stated to them that the Mayor, City Council and City administration looks forward to working with them as they work to move the great City of Petersburg forward. 11. CLERK OF CITY COUNCIL'S AGENDA:  Minutes from the Petersburg City Council meeting held on: January 13, 2015 -9– ______________________________________________________________________________ No items for this portion of the agenda. 11. CITY ATTORNEY’S AGENDA: No items for this portion of the agenda. 12. CLOSED SESSION (IF NECESSARY): No closed is necessary. 13. ADJOURNMENT: Council Member Coleman moved for adjournment. The motion was seconded by Council Member Moore. There was no discussion. The motion was approved on roll call vote City Council adjourned at 7:39 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor