City Council

Minutes from the Petersburg City Council meeting held on: January 20, 2015 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, January 20, 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 John A. Hart, Sr. Council Member Brian A. Moore Council Member Samuel Parham Council Member Treska Wilson-Smith Mayor W. Howard Myers Absent: Vice Mayor Carl M. Ross (arrived at 5:40pm) 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 1 to discuss, consider and/or interview potential candidates for City boards. 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 Council Member Coleman. 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 and Myers; Absent: Ross City Council entered closed session at 5:30 p.m. CERTIFICATION: Council Member Hart 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 Wilson-Smith. 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-5 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. 2. ROLL CALL:  Minutes from the Petersburg City Council meeting held on: January 20, 2015 -2– ______________________________________________________________________________ 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 a moment of silence. 5. PRESENTATION/PROCLAMATIONS/RECOGNITIONS: (Each presentation will be limited to 10 minutes.) a. Proclamation designating January 18 – January 24, 2015, as Constitutional Officer Week. BACKGROUND: The week that includes the Lee-Jackson-King holiday is designated as Constitutional Officer Week in Virginia. A request has been received to designate the week of January 18-24, 2015, as Constitutional Officer Week in the City of Petersburg. RECOMMENDATION: Recommend Mayor Myers read the attached proclamation. Mayor Myers read the proclamation out loud. Commonwealth Attorney Cassandra Conover and Sheriff Vanessa Crawford accepted the proclamation on behalf of all Constitutional Officers in the City of Petersburg. b. Proclamation designating January 25 – January 31, 2015, as Petersburg School Choice Week. BACKGROUND: A request was received for a proclamation for Petersburg School Choice Week in order to shine a spotlight on all types of effective education options for children: including traditional public schools, public charter schools, magnet schools, private and nonpublic schools, online learning and homeschooling. RECOMMENDATION: Recommend Mayor Myers read the attached proclamation. Mayor Myers read the proclamation out loud. c. Proclamation designating February 1, 2015, as Kiwanis Day.  Minutes from the Petersburg City Council meeting held on: January 20, 2015 -3– ______________________________________________________________________________ BACKGROUND: A request was made for a proclamation designating February 1, 2015, as Kiwanis Day in the City of Petersburg. RECOMMENDATION: Recommend Mayor Myers read the attached proclamation. Mayor Myers read the proclamation out loud. Gwen Johnson (Commonwealth Attorney’s Office and representatives of the Kiwanis Club accepted the proclamation. d. Presentation by David Hughes, of Robinson, Farmer & Cox Associates, on the City’s FY14 Comprehensive Annual Financial Report (CAFR). BACKGROUND: The Auditing Firm of Robinson, Farmer, and Cox perform the annual audit of the City of Petersburg and are required to present it to City Council per State Code. Mr. David Hughes of Robinson, Farmer & Cox Associates, will fulfill this obligation. RECOMMENDATION: Recommend Council receive the report. No action is required. David Hughes, auditor of Robinson, Farmer & Cox Associates, gave a brief overview of the report. There was discussion among City Council and Mr. Hughes. e. Presentation by Sheila Trice-Myers, Youth Services Coordinator, regarding funding from the Crater Regional Workforce Investment Group. BACKGROUND: Crater Regional Workforce Investment Group administers the funding allocations under the Workforce Investment Act (WIA). Every three years Crater Regional Workforce Investment Group sends out a Request for Proposals (RFP) for the selection of service providers for in-school and out-of-school youth workforce development services. In the RFP, services for the City of Petersburg and the City of Colonial Heights has always been combined, which means a portion of the funding has to be used in each locality. Since 1998, the City of Petersburg has been selected as a contractor and fiscal agent for the WIA youth program. Our staff has always provided those services for youth in Colonial Heights. This fiscal year, an agreement was reached that Colonial Heights would facilitate the POWER program for their youth utilizing the federal fund that was allocated to them from the Crater Regional Workforce Group. RECOMMENDATION: Recommend Council receive clarification regarding funding from the Crater Regional Workforce Investment Group. Sheila Trice-Myers, Youth Services Coordinator, gave a brief overview with a PowerPoint presentation regarding funding from the Crater Regional Workforce Investment Group. There was discussion among City Council and staff. f. Presentation by J. Howard Hines, Building Official, regarding the demolition of historic structures. BACKGROUND: Section 22-50 of the Petersburg City Code and Section 105.9 of the adopted Property Maintenance Code, authorizes the Code Official to raze a structure when there is an imminent threat to the public. RECOMMENDATION: For information purposes only. No action is required. J. Howard Hines, Building Official, gave a brief presentation regarding the demolition of historic structures.  Minutes from the Petersburg City Council meeting held on: January 20, 2015 -4– ______________________________________________________________________________ There was discussion among City Council Members and staff. 6. CONSENT AGENDA: a. A request to schedule a public hearing on an amendment to the City’s FY15 General Fund Budget b. A request to schedule a public hearing on a petition to amend approved Rezoning Ordinance 11 -Ord-39, which permits the Planned Unit Development (PUD), dated May 17, 2011, for properties addressed as 1004 and 1015 Commerce Street. Council Member Coleman made a motion to accept the Consent Agenda to schedule public hearings 6a-6b on February 3, 2015. 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 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 proposed amendment of the Central Business Enterprise Zone. BACKGROUND: The CBDEZ currently offers incentives regarding utility connection fee (water and sewer) reductions and building permit fee waivers. The connection fee incentive offers a 65% reduction of the standard fee ($7,980 for water and sewer combined) charged for connecting to City utilities. This fee, per City Code, is used to finance the capital cost of utility infrastructure. The City has an aging infrastructure and some of the greatest need for maintenance and repair is in the downtown area encompassed by the CBDEZ. To help balance the need for funds to make capital improvements to our utility infrastructure while still recognizing the benefit of offering incentives to encourage development in the CBDEZ, it is proposed to lower the reduction offered from 65% to 50%. On the standard fee, the current reduction of 65% is equal to $5,187, changing to a reduction of 50%would equal $3,990. This reduction will add $1,197 per standard water and sewer connection to the Utility Department Enterprise Fund. The building permit fee incentive waives the fees associated with the cost of renovations to properties in the CBDEZ. The relevant fees are Building, Electrical, Plumbing, and Mechanical. Commercial fees are calculated as a $75 base fee plus 1% of the estimated cost. A project with a $1,000,000 building permit and electrical, plumbing and mechanical permits of $50,000 each would have fees of $10,276.50 for the building permit and $586.50 each for electrical, plumbing and mechanical permits. Recognizing the need to allow the Code Compliance Office to recoup a portion of its operating cost, while still encouraging development in the CBDEZ, it is proposed to eliminate the full waiver and make the incentive a 50% reduction in the fee. Therefore, in the example of the $1,000,000 building permit and $50,000 Electrical, Plumbing and Mechanical permits, the reduction in the building permit would be $5,138.25, and the reduction in the Electrical, Plumbing and Mechanical permits would be $293.25. RECOMMENDATION: No action is requested at this public hearing. After comment is received, an Enterprise Zone Amendment Application to the Virginia Department of Housing and Community Development will be prepared along with a resolution authorizing the application. The resolution will be brought to Council for approval at a future meeting. Vandy Jones, Director of Economic Development, gave a brief overview on the proposed amendment of the Central Business Enterprise Zone.  Minutes from the Petersburg City Council meeting held on: January 20, 2015 -5– ______________________________________________________________________________ Ms. Jackson opened the floor for public comment. Vernel Gannaway, 652 Old Wagner Road, asked are there going to be ways that people will know that this is part of the City. He asked has this been applied when he spoke with Virginia Department of Housing and Community Development. Mr. Jones stated yes. He stated that there are 60 plus residential lots that are available for sale and construction of new single-family homes. He stated that as those lots are sold or being marketed and the fact that they are in the Enterprise Zone alone is the attractiveness to a developer for a residential as well as commercial project. Willie Noise, 1508 Circle Drive, stated that in the Enterprise Zone with all the exemption fees compared to the commercial and residential areas, there was a process with historical and leaving a cornerstone on a residential area. He stated that he may be a little confused and that he thinks that it falls under the mother and father clause. He asked if this is not true and that the residential area where the vacant lots are now cannot qualify for the incentive for the Enterprise Zone, what conversation would you offer for people that are building new homes in how is this safeguard on the cornerstone of the demolition that allows so many breaks. Mr. Jones stated that wants to make sure that he is clear on his statements. He stated that the current Enterprise Zone that exists right now does offer incentives to residential. He stated that it is just like commercials that it would be a residential rehab. He stated that it would not be new construction. He stated that someone can purchase an existing home and do substantial renovations to it. He stated that a residential is defined as improving the value by 40% over the assessed value. He stated that they can get the waiver of the permit fee and reduction in the connection fees. He stated that what the zone does not currently do is for if a person takes a lot and build a new home they will not be able to take an incentive on this. He stated that the current zone does allow for new construction residential. He stated that residential property can be considered for this loan but generally people think of it as a rehab loan. He stated that as the experts tell these people rehab counts as part of the foundation there and that this particular loan falls into this rehab. Karen Graham, 402 High Street, asked that if this gets approved at the state level and then locally when you anticipate it going into effect. She asked when the fees generate for building permits and water and sewer connection fees, will they be charged to sections budget and water improvement to the sewer system or will the funds go back to the general fund. Mr. Jones stated that he does not have a definitive date because after the public hearing they have to go to sit down with the people at DHCD and discuss the project and fill out the application then prepare a resolution. He stated that he anticipates that it will be probably on the agenda at the end of February or March meeting. He stated that the water and sewer connection fees would go back into the Enterprise Fund which is specifically for the Utilities Department. He stated that the 15% reduction would go back directly to the Utilities Department to be used as part of their operation. He stated that the fees that are actually collected go into the general fund. Seeing no further hands, Mayor Moore closed the public hearing. *There is no action for this public hearing at this meeting. 8. 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.  Minutes from the Petersburg City Council meeting held on: January 20, 2015 -6– ______________________________________________________________________________ Reverend Dr. Larry Brown, 33 Liberty Street, stated that he stands in representation of the City jail. He stated that he is speaking on behalf of the members of Gravel Run Baptist Church. He stated that he is asking City Council to reconsider the closing of the City’s jail. He stated that this is beyond citizens losing jobs. He stated that there are also family members that visit loved ones especially mothers with the aid of care and the bus lines. He stated that this will cease of the jail is closed. He stated that sometimes the only encouragement that an inmate would feel is from a loved one. He stated that he ask City Council that while seeking the best for the City of Petersburg that the City Council also consider that the City of Petersburg is also the people. Jewel Hill, 551 Lock Lane, stated that she would like to request audio from the January 13th meeting and this meeting as well. She stated because of the fact that there were some errors. She stated that as a former administrator she reported to the Governor’s Office and they had to have accurate records. She stated that last week it was her that asked City Council to rescind the previous vote to close the City jail and that this can be voted on this week. She stated that the numbers were not reflected in the paper of who would be affected. She stated 32,410 citizens would be affected if the jail is closed. She stated that she also call Senator Rosalyn Dance and asked her to come tonight. She stated that she also called Delegate Joe Preston but that she did not tell him that he had to attend tonight’s meeting. She stated that when she taught CPR and a person called “911” no one came. She stated that if you said “You call 911” they knew who was designated to come. She stated to Mayor Myers that he does have power tonight to stand as the Mayor and put this vote on the floor. She stated that she looked at the statistics and that if they allow this jail to close the City will be sending 100% percent of the inmates to Riverside Regional Jail. She stated that other areas including Hopewell have less than 14.7% percent of inmates going to Riverside Regional Jail. She stated that Chesterfield has a high number and that she is going to find out why. She stated that Chesterfield has 57%. She stated that their record for compliance is 81%. She stated that Sheriff Crawford record is 100% and that she is going to advocate for them all the way to President Obama. She stated that the City of Petersburg has lost 2,400 jobs since 1998. She stated that 900 of these jobs were state jobs. She stated that the young African American men just let these jobs go. She stated that they could have made up to $40,000 in salary in overtime. She stated that they would have been happy here. She stated that people may not get a job and that she has interviewed people as high as directors at MCV. She stated that when these people came in the room they were competing with the best in the state. She stated that if a person with a PHD came into that room to be interviewed then they would get the job. She stated that the jail will not close and that this is the bottom line and that she is going to put her foot down on it. She stated that she is going to call on Rosalyn Dance again because it is her duty to be present at the City Council meeting and ask Mayor Myers to keep it open. She stated to Sheriff Crawford to flood the phones and ask Delegate Preston as well. She stated that this is just like CPR. Willie Noise, 1508 Circle Drive, stated that he would like to thank City Council for the order of business as noted on the agenda with item number “3” reading “Moment of Silence” and item number “4” reading “Pledge of Allegiance.” He stated that he would like City Council to make former Council Member Pritchett motion to resolve in the City of Petersburg to adopt the resolution to display “In God We Trust” a reality. He stated that Ward 7 thanks former Vice Mayor Webb for his acomplishments in the ward and other wards as well. He stated that he would like to thank the blacks in the City for their accomplishments. He stated that they should continue to be pillars and stones in the City and elsewhere. He stated that he would like to welcome the new kids on the block. He stated that he would like to thank Council Member Wilson-Smith. He stated to Council Member Wilson-Smith that when he states “wisdom and outside the box” she is hitting the nail right on the head. He stated that he would like to thank the attention that was given to Lee Park and other areas that are surrounded by park. He stated that he would like to thank the Garden Club as well. He stated that there are too many foxes in the hen house. He stated that there should be mental healthcare for the inmates. He stated that there should be walk in applications for low skilled jobs in the City. He stated that they should think like a soldier that is going in Fort Lee. He stated that most soldiers are particular in command and principle. He stated that if there is no solid foundation for them then they will stray away and don’t hold attention to you. He stated that when a policy is put in motion then you have to go all the way to the least common denominator as far as figuring out how this is going to affect them and to whom and all people involved. He stated that the corner stores are getting ridiculous. He stated that there are people that have little or no money and they count their pennies when they go from one store to another. He stated that all the stores have different prices and somebody in the City needs to look into this. He stated that they spoke on the voting situation in the City. He stated that he would like to suggest that the next time they vote to have a shuttle bus to run from the poll place  Minutes from the Petersburg City Council meeting held on: January 20, 2015 -7– ______________________________________________________________________________ to the bus station. He stated that he is also for the jail staying in Petersburg. Vernel Gannaway, 652 Old Wagner Road, stated that he was enthused about being a resident of Petersburg all his life. He stated that he wishes everyone knew what he has seen in the City. He stated that there are some people in the audience that has lived longer than he has. He stated that he has lived in the City of Petersburg all his life to be a part of this City. He stated that he has talked to some military people who have retired from different job. He stated that it bothers him. He stated that the City has two new council members and a new Mayor and Vice Mayor. He stated that he is wondering what they are going to tell the people when they come back and see that they are tearing down so many places. He stated that he knows that they are not talking about demolition but that he carries papers in this area. He stated that a lot of people would not know the things that go on in this area. He stated that a book came out some years ago. He stated that the City use to have an October Fest. He stated that everyone came together during this. He stated that he mentioned to Mrs. Peters. He stated that this is needed. He stated that “I AM PETERSBURG” stands downtown. He stated that it should be called “I AM DOWNTOWN.” He stated that everything is not downtown. He stated that there are over 200 churches in the City. He stated that everything that calls itself a church is in the City. He stated that there was a book called “Watch over Virginia.” He stated that he has read this book. He stated that old tim ers from back in the day and that you can see the exuberance that they had. He stated that they do not have this anymore. He stated that there are economic changes. He stated where are the changes from the services that are being taken place with the churches on Saturday and Sunday. He asked are they being effective. He stated that he is for and against the jail. He stated that his main concern is the young children. He stated that it is time for them to realize not to drop the ball. 9. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of a Resolution Regarding the Refunding Bonds to be issued by Riverside Regional Jail Authority. BACKGROUND: The Authority has advised that the issuance of the 2015 Bonds will necessitate the members of the Authority entering into the 2015 Continuing Disclosure Agreement to provide substantially the same information at the substantially same time as the members are currently providing under the 2007 Agreement. RECOMMENDATION: Adoption. Council Member Moore made a motion to adopt the resolution of the City Council regarding refunding bonds to be issued by the Riverside Regional Jail. 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 15-R-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETERSBURG, VIRGINIA REGARDING REFUNDING BONDS TO BE ISSUED BY THE RIVERSIDE REGIONAL JAIL AUTHORITY. Council Member Wilson-Smith stated that she has two items that she would like to discuss and that both of them are on the back table. She stated that there are nomination forms for “Ordinary Women doing Extraordinary Things.” She stated that the public should pick up one and nominate a woman that lives in Petersburg. She stated that as part of the African American History Month Series on the last day of February there will be a faith play at Petersburg High School. She stated that this will take place on February 28th. She stated that on March 1st, there will be a play for African American History Month. She stated that what she is most proud of is the committee has involved the students in Petersburg High School drama class. She stated that they will get to go and see the play for free and learn about putting on a play and then come back to Petersburg to assist with the production. She stated that they will get training on lighting in a play and sound effects and also setting up the stage.  Minutes from the Petersburg City Council meeting held on: January 20, 2015 -8– ______________________________________________________________________________ Council Member Hart stated that he will be having a Ward 7 meeting at 6:30pm at J.E.B. Stuart School. He stated that he invites everyone to come out and express concerns. Council Member Parham made a motion to authorize the City Manager to look into feasibility of healthcare for City Council Members. 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 Council Member Moore stated to Mr. Johnson that he is getting more and more calls I reference to the panhandling within the 15 foot limit of the ATM machines. He stated to Mr. Johnson that as he recalls the City had changed the ordinance to increase the distance. He stated that calls are coming from the 4th Ward at the Wells Fargo Bank and out in Ward 1 on County Drive. He stated that these are a series of issues with this individuals coming from the hotels. He stated that the second comment is in reference to the presentation in regards to the historic structure. He stated that they have been dealing with for more than a decade. He stated that this is not a City problem but that this has been an owner problem. He stated that the owner has hung up on us and he has cursed at different individuals and highly irresponsible. He stated that he understands that his colleague from Ward 1 has talked about notification. He stated that at some point they need to let staff do their job. He stated to the City Attorney that as the City moves forward can he prepare some recommendation to send to the State representatives to put more teeth into this situation to deal with these type of owners. 10. CITY MANAGER’S AGENDA: a. City Manager’s report Mr. Johnson stated that there is no report. Mr. Johnson stated that he would like to make a correction to information that was stated at the last meeting on Tuesday, January 13th meeting in reference to the correction to the December 9th, 2014, City Council Meeting. He stated that on page 12 of the minutes he stated that the Family Dollar was coming to the Halifax Triangle. He stated that it should state that the Family Dollar is coming to the Halifax Street area. He stated that he would like this to go on the record. 11. CLERK OF CITY COUNCIL'S AGENDA: No items for this portion of the agenda. 11. CITY ATTORNEY’S AGENDA: No items for this portion of the agenda. 12. CLOSED SESSION (IF NECESSARY): No closed is necessary. 13. ADJOURNMENT: Council Member Coleman moved for adjournment. The motion was seconded by Council Member Moore. There was no discussion. The motion was approved on roll call vote City Council adjourned at 8:20 p.m. _________________________ Clerk of City Council  Minutes from the Petersburg City Council meeting held on: January 20, 2015 -9– ______________________________________________________________________________ APPROVED: _________________________ Mayor