City Council

Minutes from the Petersburg City Council meeting held on: February 3, 2015 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, February 3, 2015, at the Union Train Station. Mayor Myers called the closed session meeting to order at 5:00p.m. 1. CLOSED SESSION MEETING – 5:00 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: None Present from City Administration: City Manager William E. Johnson, III City Attorney Brian K. Telfair Clerk of Council Nykesha D. Jackson, CMC 3. CLOSED SESSION: 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. 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 Hart. 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 City Council entered closed session at 5:00 p.m. CERTIFICATION: Council Member Coleman 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 Hart. 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 15-R-9 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: February 3, 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 Mayor W. Howard Myers Absent: 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 in memory of former Council Member Carl “Michael” Ross. 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. Proclamation designating February 4, 2015, as Virginia State University Football Team Day. BACKGROUND: The City wishes to recognize and commend the 2014 Virginia State University football team for its outstanding accomplishments. RECOMMENDATION: Recommend Mayor Myers read the attached proclamation. Mayor Myers read the proclamation out loud. Byron Thweatt, Head Coach of Virginia State University Football Team, stated that he would like to thank City Council. He stated that it is a tremendous honor to be present and an honor to take over as VSU Head Football Coach. He stated that he is present to represent the school well and that these fine young men had a tremendous season last year academically and socially. He stated that everyone in the community and the college has been supporting the team. He stated that since he has gotten the job they have been supporting him as well. He stated that they look to the future of continuing to win CIAA Championships and then to win the National Championship. He stated that he would like to thank everyone and that he encourages everyone to come out and support them this fall. b. Proclamation designating the month of February 2015 as Black History Month.  Minutes from the Petersburg City Council meeting held on: February 3, 2015 -3– ______________________________________________________________________________ BACKGROUND: The City wishes to recognize the month of February 2015 as Black History Month. RECOMMENDATION: Recommend Mayor Myers read the attached proclamation. Mayor Myers read the proclamation out loud. Brian Little, Director of Cultural Affairs, Arts and Tourism, stated that they would like to thank everyone for the opportunity of celebrating Black History Month. He stated that this is the City’s 2nd annual event. He stated that if they have not picked up a flyer they encourage everyone to do so. He stated that they have T- shirts for City Council and leadership present. He stated that they will have these shirts for sale throughout Black History Month and that they encourage everyone to stop pass the visitors center and check out a lot of the programs. He stated that they will be at Gillfield Baptist Church this Sunday. He stated that this information is on the program as well. c. Presentation by Karen Wells, Community Health Education Specialist with Enroll Virginia on the Affordable Health Care Act. BACKGROUND: Karen Wells, Community Health Education Specialist for Enroll Virginia, will provided information about the Affordable Care Act, also known as the Patient Protection and Affordable Care Act (PPACA), and informally as Obamacare, which was signed into law by President Barack Obama on March 23, 2010. The Act is a health care law aimed at improving the health care system of the United States by widening health coverage to more Americans, as well as protecting existing healthcare insurance policy holders. RECOMMENDATION: For information only. No action is required. Karen Wells, Community Health Education Specialists for Enroll Virginia, gave a brief overview on information about the Affordable Care Act, also known as the Patient Protection and Affordable Care Act (PPACA), and informally as Obamacare, which was signed into law by President Barack Obama on March 23, 2010. d. Presentation by Jay Ell Alexander, Public Information Officer, on the City’s Government Public Access Channel. BACKGROUND: The City has launched its government public access channel. This channel will feature past and upcoming events, City contact information, and some information about outside agencies/organizations. The City will also be partnering with schools to include educational updates. RECOMMENDATION: For information only. No action is required. Jay Ell Alexander, Public Information Officer, gave a brief PowerPoint presentation on the City’s Government Public Access Channel. There was discussion among City Council and staff. Brian Telfair, City Attorney, stated that this is heavy and hard as he begins the discussion of replacing Vice Mayor Ross. He stated that everything that the City has to do with regards of replacement is driven by three things: City Charter, City Code and State Code. He stated that in terms of whom takes priority is that State Code takes precedence over everything else. He stated that he uses the analogy using spades and that the State Code is the big joker. He stated that it drives the process to replace the Ward 2 representative on Council. He stated that pursuant to the Code a vacancy was created on Council on Friday, January 23rd, 2015. This is the date that the Vice Mayor passed. He stated that pursuant to State Code his office has 15 days to  Minutes from the Petersburg City Council meeting held on: February 3, 2015 -4– ______________________________________________________________________________ petition City Council to give him authority to file a Writ of Special Election in the Petersburg Circuit Court. He stated that the language to the State Code is mandatory. He stated that he shall do what is stated and that is what happens on February 6, 2015. He stated that this is the due date of the Writ of Election. He stated that in terms of the Writ of Election it is 15 calendar days which falls on February 7th. He stated that he is cutting it short by design to give City Council extra time. He stated that pursuant to the code again as well as the City Charter, City Council has 30 days from the day of the vacancy to appoint an interim City Council representative. He stated that this means that City Council has 30 days to have someone sworn in and sitting as the Ward 2 Interim Representative. He stated that if City Council does not make that determination then the Circuit Court may make this determination on February 24th. He stated that if City Council does not make this determination then City Council loses this right to make an interim appointment. He stated that pursuant to the State Code the special election must be held at the next general election which is Tuesday, November 3, 2015. He stated that the State Code, City Ordinances nor City Charter dictates how City Council makes the interim appointment. He stated that it does say that by Monday, February 23rd, that the interim appointment must be made or it will be made by the Circuit Court. There was discussion among City Council and staff. Gary Duval, General Manager of Public Utilities, gave a brief update on the Water Bills that recently came out for the City. There was discussion among City Council and staff. Mr. Johnson stated that beginning tomorrow they will be extending the hours of the Utility Department to 6:00pm until this issue is resolved. 6. CONSENT AGENDA: a. Minutes of the regularly-scheduled Council meeting held on January 13, 2015. Council Member Wilson-Smith stated that she has questions and concerns. She stated that one is that prior to City Council going into Closed Session on page 7, there was a motion on the floor. She stated that it was never stipulated that it died for lack of second and that it would appear that this motion would still be on the floor. She stated that the other item is that she heard Council Member Moore motion that City Council go into closed session and that it was seconded by Vice Mayor Ross. She stated that the very next sentence was the statement by the Mayor stating that they are now in closed session. She stated that City Council did not prior to this statement or that she recalls take a roll call vote. She stated that she is listed on the list stating “aye” on roll call vote that she does not remember. She stated that she thinks that they need to correct both items and that they need to be corrected and to make sure that the minutes are reflecting that there was a motion made by Council Member Coleman. She stated that it is her understanding with Robert’s Rules of Order that they need to say something. Mr. Telfair stated that with respect with the discussions that took place on January 13th there were two things that he stated. He stated that the first thing was under Robert’s Rules of Order. He stated that Council Member Coleman was not a member of the prevailing side. He stated that he will apologize to everyone and that the second thing that he would like to mention is that under the rules of this very body under “Rule 4” that was adopted on January 7, 2015, that he made it clear that the 30 days had lapsed for any such motion. He stated that he does remember using the term “the statute of limitation has run.” He stated that one of the things that he would like to emphasis to everyone is that with respect to the rules is that these are the rules that everyone agreed to abide by. He stated that they cannot and should not and that he recommends strongly against purposes of the institution of this governing body. He stated that if City Council adopts rules that they abide by these rules. He stated that the rules that he is referring to specifically states that no motion to reconsider can be brought back 30 days after the original motion was made. He stated that the original motion  Minutes from the Petersburg City Council meeting held on: February 3, 2015 -5– ______________________________________________________________________________ was made on December 9, 2014. He stated that January 13, 2015, is 34 days after the motion. He stated that this is four days to late. He stated that he is going to emphasis on the subject of matter. He stated that these very same rules that this body agreed to follow and abide by also set forth a procedure of which this motion can be heard within 30 days. He stated that this was not followed. He stated that just for purposes of this honorable institution, the rules of this council must be honored. He stated that as a result this is why he stated that the motion was mute and cannot be considered, seconded or voted on. He stated that each council member agreed to follow these particular rules. Council Member Wilson-Smith stated that she was not asking whether or not it can be voted on and not disputing the Rules of Council. She stated that she was asking a question with regards that there was a motion that was put on the floor and that she wanted to know the next step. She asked Mr. Telfair should it not been a statement such as the statement that he just made. She stated that everyone heard that there was a motion. She asked Mr. Telfair how the minutes reflect everything that was just stated. She stated that the motion was made and that they cannot do it. She stated that right now to her the motion is still just there. She stated that the second thing is that after the motion was made and the City Attorney stated his part and Council Member Moore made the motion to go into closed session and the Vice Mayor seconded and then the Mayor stated that we are now in closed session and everyone got up and went into closed session, the minutes do not reflect that the Mayor made this statement. Nykesha Jackson, Clerk of Council, stated that in the minutes on page 7 where it states that they went into closed session from the motion that was made by Council Member Moore and seconded by Vice Mayor Ross as stated on the tapes the Mayor did say that they are now in closed session. She stated that she did stop the tapes after that statement was made she called for a voice vote from City Council. She stated that everyone stated “aye” and no one opposed. She stated that this would be a voice vote and that a roll call is not necessary. She stated that this vote is not on the tapes because the tapes were stopped after the Mayor made his statement. Council Member Wilson-Smith stated that it should say in the minutes that the Mayor stated that they are now in closed session. She asked how he could say this if they have not voted to go into closed session. Ms. Jackson stated that previously City Council has never made the stated that they are not in closed session. She stated that it just states that they go into closed session and that a vote is taken and then they go into closed session. She stated that in the 13 years that she has been doing this it has never stated anything different. She stated that it never states “the Mayor stated that they are now in closed session.” Council Member Wilson-Smith stated that in listening to the tapes the Mayor did state that they are now in closed session. Ms. Jackson stated that this is true and that the Mayor has always stated this. Council Member Wilson-Smith stated that this should follow the vote. She stated that this should follow the vote and that they cannot just do the vote prior to that statement. Ms. Jackson stated that they did do this. She stated that she has always done it this way. She stated that as she stated earlier it is not on the tapes when they took the vote. She stated that when she did the voice vote no one opposed so she did not do a roll call vote. Council Member Wilson-Smith stated that she cannot accept the minutes as they have been written. Mr. Telfair stated that in looking at the January 13th minutes and then looking over Mr. Johnson’s shoulder Council Member Wilson-Smith is correct. He stated that a roll call vote was not taken but that a vote was taken. He stated that he would recommend that the roll call be deleted out of that particular paragraph.  Minutes from the Petersburg City Council meeting held on: February 3, 2015 -6– ______________________________________________________________________________ He stated that in terms of what happens first or what happens second the Code of Virginia currently states that you cannot go into a meeting until there is a vote. He stated that a vote was taken before we all went into the back. He stated that the requirements in the Code of Virginia under Section 2.2-3712 have been met. He stated that he quotes under “Sub part -A” that no such meeting may be held. He stated that the vote did happen and the meeting was held. He stated that the requirements in an open meeting have been met. He stated that he would like to also state thirdly that before he arrived here City Council did take verbatim minutes. He stated that City Council went away from this in terms of the decimation of what happened at the meeting. He stated that perhaps City Council as a body would like to discuss that they return to the verbatim minutes to eliminate any types of concerns. He stated that to further address Council Member Wilson-Smith concerns in regards to something is not being on the tapes he further discussed this issue with the Clerk of Council. He stated that in discussing this information with her the tapes are a backup device. He stated that you can see that she actually takes notes on a piece of paper and records the meetings. He stated that this is how it is transcribed. He stated that the actually transcription is done by hand and that the tapes are just backups. He stated that if the City went back to verbatim minutes it would eliminate the tape being stopped. He stated that this is something that City Council need to look at and take into consideration and perhaps decided on. Council Member Coleman asked Mr. Telfair that he stated that one of the reasons why his motion was ruled off the floor was because the 30 days had lapsed. Mr. Telfair responded yes. Council Member Coleman asked did the 30 days elapse because they had an organizational meeting. Mr. Telfair stated that it is 30 calendar days. Council Member Moore made a motion to accept the Consent Agenda that contains the minutes from January 13, 2015, with the deletion of the roll call vote. 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, Ross and Myers; Voting No: Wilson-Smith 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 an appeal of the Architectural Review Board’s denial of a Certificate of Appropriateness for property addressed as 303 High Street. BACKGROUND: Dr. Carter filed an application on October 30, 2014, for bronze, metal storm windows. The meeting was held on November 12, 2014, at which the applicant was not present. The Board approved storm windows to match the existing color of the window sashes not bronze colored storm windows requested by the applicant. An appeal was received by the Clerk of Council on December 9, 2014. The paint color of the roof which is mentioned in the appeal is a separate issue and has nothing to do with the application submitted on October 30, 2014. RECOMMENDATION: Following a duly advertised public hearing, Council may affirm the Architectural Review Board’s (ARB) decision, overturn the ARB’s decision, table for further consideration, or return the item under consideration to the ARB requesting further review. The recommendation of the ARB was to approve the Certificate of Appropriateness (COA) with the condition that the storm window that was presented. The approval did not permit the changing of the color of the sash. If the applicant wanted to change the color of the sash, it would require an application for another COA and another appearance before the ARB.  Minutes from the Petersburg City Council meeting held on: February 3, 2015 -7– ______________________________________________________________________________ Dr. Joye Carter, applicant, gave a brief presentation with regard to her appeal on the decision of the Architectural Review Board. There was discussion among City Council, the applicant and staff. Council Member Wilson-Smith made a motion to overturn the Architectural Review Board’s decision. 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, and Myers Mrs. Peters stated to Mayor Myers that the motion can happen but that it has to happen after the public hearing. She stated that it is an appeal and that this process is that they open it up for a public hearing and then at the conclusion of the public hearing it is City Council’s right to remand it back or overturn the Architectural Review Board’s decision. Mayor Myers stated that he did it at the motion. He asked Mr. Telfair to explain and advise every one of the process. Mr. Telfair stated that he strongly suggest that everyone by a show of hands show support and who is against it. Mayor Myers asked the audience that by show of hands can they show the citizens approval to move forward. Mayor Myers asked the audience to show hands of any against the motion. Mayor Myers stated that the motion is passed and no public comment at this time. 15-ORD-3 AN ORDINANCE TO APPROVE THE CERTIFICATE OF APPROPRIATENESS FOR PROPERTY ADDRESSED AS 303 HIGH STREET. b. A public hearing on a petition to amend an approved rezoning Ordinance for properties addressed as 1004 and 1015 Commerce Street. BACKGROUND: The proposed project was approved back in 2011 for mixed-use or majority residential market rate units. The property was never developed with the approved conditions of the Rezoning request. The applicant is requesting that the previously approved rezoning would be amended to allow affordable housing units financed with the VHDA tax credits. This development proposal includes the addition of a third floor (subject to approval by the Department of Historic Resources) and to have 90% of the units at the affordable rents with only 10% market-rate. Commercial space up to 10,000 square feet is being proposed with uses limited to office, retail, personal service, restaurants (carry out and sit-down) small fabrication shops. This formerly used industrial building has been on the market for some time and has been determined to be too large for a single operator and obsolete and will require interior rehabilitation and exterior changes. The project is subject to review and approval of any exterior work by the Architectural Review Board. The request also includes an addition as permitted by the Department of Historic Resources to house penthouse units  Minutes from the Petersburg City Council meeting held on: February 3, 2015 -8– ______________________________________________________________________________ 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 construction to the Planning Commission requesting further review. The recommendation of the Planning Commission was to deny the amendment to change the conditions. Michelle Peters, Director of Planning and Community Development, gave an overview of the proposed project addressed as 1004 and 1015 Commerce Street. Daniel Woodford, petitioner, gave a presentation on the project for properties addressee as 1004 and 1015 Commerce Street. There was discussion among City Council, the petitioner and staff. Ms. Jackson opened the floor for public comment. Candy Taylor, 828 West Tuckahoe Street, asked what the current population of Petersburg is. Mr. Johnson answered 33,000. Mrs. Taylor asked what percentage of this number is homeownership. Mrs. Peters stated 47%. Mrs. Taylor asked how many of the 53% is rental housing or low-income. She asked how many vouchers are in the City. Mrs. Peters stated that there are 736 vouchers and 724 vouchers are active. She stated that this was as of November 2014. Mrs. Taylor asked whether this was for a family or an individual. She stated that she does not know how this works. She stated that’s she was curious. She stated that her concern is that the City does have a large percentage of rental units. She asked how many are low-income. She stated that her concern is that the City has to provide services for these people and the City can hardly provide services for people now. She stated that she thinks that they would be better served by market value and that this is her concern. Janelle Sinclair, 808 Sunset Avenue, stated that as it was stated that it would be 10% of the 220 units and that this would leave 22 units at market value. He stated that this means that there will be 198 units thatwill be used with the tax credits. She stated that she ask that City Council not make a decision tonight. She stated that if another department says decline this project then City Council may want to take a second look at this and get more details and be very clear on what they want to do. She stated that they cannot rescind anything for 30 days. She stated that if they approve this and find out later that this is not in the best interest of the City then City Council do not want to put themselves in a position that they cannot take back. She stated that although the income of these taxes is attractive they have to look at this as a whole and not one part. She asked what can they do if they bring in more citizens and how can they accommodate them with jobs and what about the schools. She stated that they do not want to overload the teachers. She stated that the teachers are not being accommodated for the students that they have now and not tunnel vision. Patricia Hines, 25 Centre Hill Court, stated that she looked at the presentation and that she thinks that the gentleman stated that you get so caught up on the term “low-income tax credit.” She stated that this is how they can get buildings done. She stated that the young teachers that make low-income qualify for this type of housing. She stated that every time states low-income it does not mean welfare, section-8 or vouchers. She stated that it means decent and affordable housing. She stated that when they look at these projects and  Minutes from the Petersburg City Council meeting held on: February 3, 2015 -9– ______________________________________________________________________________ developers come before them and they want to get a tax credit to make the numbers work then they should also think about the residents that may be displaced because they cannot afford market rate housing. Conrad Gilliam, 1200 Woodland Road, stated that he would like to make it clear that he is not against affordable housing. He stated that he thinks that everyone needs a decent place to live. He asked does Petersburg have to take on the burden of all the affordable housing in the area. He stated that he thinks that the City has their share. He stated that there are a lot of areas surrounding the City of Petersburg that were told to come to Petersburg so that they can get affordable housing. He stated that these are not all City of Petersburg citizens. He stated that once the City opens up to a project like this people are going to come from everywhere and put an extra burden on the City. He stated that a lot of people are suspicious right now because of the way that the water bill is because they think that the City is trying to get some money. He stated that the citizens do not think that this was an accident. He stated that he had his house appraised six months ago. He stated that the appraisers told him that if it was not so much affordable housing around him then he could he could get an extra $200,000 for his home. He stated that as a home owner when the City brings in affordable housing this does not help your property value any when you try to resale. He stated that they need to look around and see how many businesses have come to the City over the last ten years. He stated that the City does not have a major restaurant or a chain restaurant. He stated that when you tell people to come to the City to open up their business they say that Petersburg clientele is not the clientele that they like to serve. He stated that with affordable housing come all the negatives. He stated that Prince George, Colonial Heights and Dinwiddie need to get some of this affordable housing. He stated that Petersburg cannot handle all of this. He stated that when the developers come in they must think that everyone in the City is special educated. He stated that none of the developers live in the City of Petersburg. He stated that he thinks that City Council need to consider strongly whether or not they need any more affordable housing in the City. He stated that more affordable housing in the City means less ownership. He stated that a lot of people are thinking of leaving. He stated that these developers are not putting anything in and that they are taking away from services in the City. Vernel Gannaway, 652 Old Wagner Road, stated that follows Mr. Gilliam and that enough is enough. He stated that everything is dropped on Petersburg. He stated that just like the gentleman a couple of weeks ago that is stationed in Fort Lee, he was told to not go into Petersburg. He stated that this is a negative and that the City does not need anything else to bring it down. He stated that he is a home owner. He stated that that he has renter’s that live beside and near him. He stated that this project is beautiful. He stated that the question in hand is what about the home owners. He stated that the properties that are being torn down should be an encouragement for someone to come in and build a single home. He stated that he started with a single rental home when he grew up. He stated that they did not know it was rental but that they knew what rental single homes were. He stated that the time is changing and people want homes and to become home owners. Willie Noise, 1508 Circle Drive, asked what if the young children on Halloween was to go up to one of the major developments like the one in discussion and try to go in and get Halloween candy would this be permissible. Jenithia Martin, 3071 Forest Hills Road, stated that she manages a low-income tax credit property in Richmond, VA. She stated that it has the same settings and income based that these gentlemen are trying to do. She stated that 89% of her residences are gainfully employed. She stated that she lives in the West Park subdivision. She stated that the reason her assessment dropped is foreclosures in the neighborhood. She stated that she thinks that there is a negative connotation because of the term “low-income.” She stated that some people are LPN’s, teachers, police officers and security officers and they contribute to society. She stated that they are new chain restaurants and that the children can come and go trick-or-treating in the neighborhood. She stated that it is all about the management and what you teach your people. She stated that some of the comments are stereotypical because she works with some of these people every day. She stated that ten years ago she lived in low-income tax credit housing. She stated that now she makes more income then then normal in Petersburg. She stated that the average people do not and everyone deserves affordable  Minutes from the Petersburg City Council meeting held on: February 3, 2015 - 10 – ______________________________________________________________________________ housing. She stated that affordable housing to them and then to others is not the same thing. She stated that the bottom line is that they cannot get retail in the City if they do not have the per capita of a number of people making a certain amount of money or in a certain area of the City. She stated that the problem is that they do not bring down the property value. She stated that she has four residents on notice. She stated that they are moving out because they are buying homes. She stated that one of the residents stated to her that they thank her for her service and keeping up their property. She stated that they were able to save enough money to buy a house. She stated that her residents are able to save money to buy a home. She stated that they are not bringing down other people property value or creating problems. She stated that they are hardworking people like everyone else. She stated that they need to bring something to Petersburg to have a catalyst in hope of revitalization here. Charlie Cuthbert, 132 South Adams Street, stated that he is part owner of 48 market rate apartments in the City of Petersburg. He stated that his market rate apartments are not in competition with low-income. He stated that he does not see this as a conflict of interest and that he would like to put it on the table. He stated that this proposed project is a massive one. He stated 198 low-income apartments and that this is huge. He stated that in his book 90/10 is not mixed-income. He stated that this should be thought of as new pocket poverty. He asked is this what they want to do to the City. He stated that the Director of Planning recommended that the Planning Commission vote against this project. He stated that he was present at this meeting and that he heard her recommendation. He stated that an eligible tenant may use vouchers to pay for their rent. He stated that there are 736 vouchers approved for Petersburg already. He stated that the word on the street is that voucher time has made Petersburg a very undesirable place to live. He stated that for every low-income Petersburg resident, who might move into this proposed project, if City Council approves it, creates vacancy. He stated that the vacancy is a magnet to draw another low-income tenant from outside Petersburg to come to Petersburg. He stated that if Petersburg home owners are having a hard time paying for their water bills now than they are going to have an even harder time taking care of the poor from Chesterfield and Colonial Heights. He stated that if they approve this they are going to add to this burden. He stated that this proposal will create an unstoppable precedent if they approve it. He stated that it is a Pandora’s Box. He asked will they see a similar proposal for Perry Street again or High Street or Bank Street or the Hotel Petersburg. He asked how are they going to say no to these projects but will say yes to this project. He stated that the amount at stack is huge and that they can buy lots of lawyers for this kind of money. He stated that he hopes that they vote this down. John Dallas, 1800 Boydton Plank Road, stated that he would like to apologize to Council Member Coleman. He stated that he had some questions and concerns at the ward meeting that he had and that he should have brought them up earlier. He stated that his first concern was with the numbers that were stated when this development happens. He stated that the developer did not have any numbers to back up this information that they were only projections. He stated that this was his concern. He asked what happens if this development goes through with these lofty numbers. He stated that there is still blight going on around this. He stated that he said will this bring some economic development to the City of Petersburg. He stated that we do not need to become a bedroom community where people come here and do everything but live. He stated that there was a gentleman at the ward meeting that did not live in the City and that he did not see a problem with Petersburg becoming a bedroom community. He stated that he has a problem with people who do not live here who may not have the best interest of the City who says that it is okay for the City to become a bedroom community when this is not something that the City needs. He stated that a red flag went up with him on that statement. He stated that this is his concern. Richard Stewart, 129 Rolfe Street, stated that he has heard different people come to the podium to speak and that he has thought about the many things that they have stated. He stated that his people inly leased 25 rental properties or more. He stated that this is a road on the way to own homes and that he thinks that this is a lie. He stated that of the nearly 20 plus years and the amount of property that they have owned falls in the range of $500 and $600. He stated that a single person has not moved out of their houses and bought a home. He stated that they have problems collecting rent but that they have not moved out of the  Minutes from the Petersburg City Council meeting held on: February 3, 2015 - 11 – ______________________________________________________________________________ homes. He stated that he has one man that has lived in the house for so long that he has bought the house and started buying it again. He stated that this gentleman has not moved out the house. He stated that if Petersburg is going to be the 21st Century City then they must have 21st Century wages in the City. He stated that Petersburg is on its way out if they continue to allow people to flop into the City. He stated that there is a place called Bermuda Run and that some 200 people are going to lose their houses. He stated that he has been getting calls from people asking him if he has anything out in Pocahontas. He stated that he does not have anything. He stated that a lady from Charlottesville called and asked him to sell them some land so that they can build some houses. He stated that he told her that he has no land to sell her. He stated that there is something about tonight that does not smell right with him. He stated that something just does not seem right in the City. He stated that he believes in the Planning Commission. He stated that if the Planning Commission voted 0 to this then what reason should City Council overturn it. He stated that he does not believe in this. He stated that the apartments are not the right time or place. He stated that he understands that it is an enterprise zone but that the area is a historic district. He stated that they should not allow people to come into the City and dictate which direction the City is headed. Karen Graham, 402 High Street, stated that they are seeing a lot of development of warehouse structures across the City. She stated that there has been an issue with them being phased projects. She stated that in November the Perry Street Lofts came before City Council for their last phase to allow for low market rate apartments. She stated that at that time City Council voted against it. She stated that they have High Street Lofts and that their final phase has been sitting and vacant for quite some time. She stated she has some questions and concerns regarding the project. She stated that this should come before council and that they should take the time to consider the responses and to not vote tonight. She stated that she is opposed to the 90/10 ratio. She stated that in the proposed project Mr. Woodford stated that at the meeting at Pathways that ten to fifteen of the units would not have any outside light. She stated that this meant that they would receive light from corridor light wells. She stated that this was a real issue with the Hinton Street Development Project. She stated that there was a lot of opposition to that. She stated that if you look at the proposed ordinance under item “3” where it speaks on the interior lighting and ventilation. She stated that it specifically states that unit will have natural lighting from the exterior window facing an interior courtyard. She stated that there are 10-15 units that will not comply with the ordinance. She stated that if you are going to add market rate apartments and are going to add the third floor it still has to be approved by the Department of Historic Resources. She asked what happens if the Department of Historic Resources does not approve the 3rd floor that would contain 13 penthouse units. She asked will this shift the number and make the development fly. She asked that if this is a phase project how many phases are they proposing and what is the timeframe for the various phases for completion. She stated that it is proposed that 10,000 square feet of development will be commercial. She stated that the Perry Street Lofts came back to City Council and they were unable to develop any commercial use for this. She stated that she does not know how Mr. Woodford think he can get commercial property on Commerce Street when they could not get it at Perry Street Lofts. She stated that she would also ask that the sales contract come back to City Council for approval and that there be a reversion clause if the developer cannot get his financing in place. Michael Edwards, 409 Grove Avenue, stated that he is going to sound like a lone wolf. He stated that he attended the informational meeting on Thursday with Council Member Coleman at Pathways. He stated that he expressed how Petersburg needs something like this. He stated that everyone can agree with him if they would like to but that it doesn’t matter. He stated that the reason why he expressed that the City needs something like this is because you ride around the City and see the inadequate housing that people are living in. He stated that you see the school students living in inadequate housing. He stated that in return it can affect their ability and their learning procedures during school. He stated that a lot of people say that it will bring the riffraff out. He stated that the City of Petersburg does not have any more riffraff then what the other City’s have. He stated that Petersburg is a City that is slowly turning around. He stated that people should look around because the economy is still not strong and that there are more jobs. He stated that Petersburg is a low -income City whether anyone likes it or not. He stated that when you cross the bridge into Colonial Heights and they have riffraff. He stated that you go to Hopewell and that they have crime and riffraff. He stated that for  Minutes from the Petersburg City Council meeting held on: February 3, 2015 - 12 – ______________________________________________________________________________ people to say that the City does not need this they do. He stated that he asked the question about the historicalness and it had no relevance. He stated that Mrs. Peters was present and the City Manager was present. He stated what it boils down to is that people do not like change. He stated that it has to happen. He stated that there are commercial buildings that have the potential to generate substantial tax revenue. He stated that everyone knows that every fiscal year the budgets are tight and that they get tighter. He stated that the more properties that are on the tax bracket the more revenue comes into the City. He stated that henceforth City administration can then begin the task to increase the City employee’s salary which is desperately needed. He stated that he encourages City Council to look at the humanitarian aspect of this project and vote to move it forward. Ella Sykes, 510 North Azalea Road, stated that she wanted to ask all the citizens present whether they remember the water main that broke on Crater Road. She stated that this is what the citizens are paying for. Seeing no further hands, Mayor Myers closed the public hearing. There was discussion among City Council and City staff. Council Member Parham made a motion to table action on the public hearing until the Ward 2 seat is filled. The motion was seconded by Council Member Moore. There was discussion among City Council and staff after the motion was made. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Moore, Parham, Wilson-Smith, and Myers c. 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. BACKGROUND: Granting an easement on 255 E. South Boulevard to Verizon will permit Verizon to install and maintain communication system. RECOMMENDATION: Recommend Council adopt the attached Ordinance. Steven Hicks, Director of Public Works, gave a brief summary of the proposed ordinance. Nykesha Jackson, Clerk of Council, opened the public hearing for public comment. Seeing no hands, Ms. Jackson closed the public hearing. Council Member Coleman made a motion to adopt the ordinance. 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, and Myers 15-ORD-4 AN ORDINANCE TO GRANT A NON-EXCLUSIVE GRANT ON 255 E. SOUTH BOULEVARD, FURTHER IDENTIFIED AS TAX PARCEL 055-11-0004 TO VERIZON WIRELESS. d. A public hearing on an amendment to the City’s FY15 General Fund Budget. BACKGROUND: The Governor’s Opportunity Fund is an incentive from the Commonwealth to secure a business location or expansion project for Virginia in order to assist in the creation of new jobs and capital investment.  Minutes from the Petersburg City Council meeting held on: February 3, 2015 - 13 – ______________________________________________________________________________ The City of Petersburg received a Governor’s Opportunity Fund grant to be used for Unitao Pharmaceuticals, LLC. RECOMMENDATION: Recommend Council adopt the attached appropriation Ordinance. Vandy Jones, Director of Economic Development, gave a brief summary of the amendment. Ms. Jackson opened the public hearing for public comment. Seeing no hands, Ms. Jackson closed the public hearing. Council Member Coleman made a motion to adopt the appropriation ordinance. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Moore, Parham, Wilson-Smith, and Myers 15-ORD-5 AN ORDINANCE AMENDING #14-ORD-28, IN THE GENERAL OPERATING BUDGET, SAID ORDINANCE MAKING APPROPRIATION FOR THE FISCAL YEAR COMMENCING JULY 1, 2014 AND ENDING JUNE 30, 2015, IN THE GENERAL FUND, THIS AMENDMENT APPROPRIATES $1,000,000 FOR GOVERNOR’S OPPORTUNITY FUND GRANT. e. 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 Lane. BACKGROUND: Approving the easement on (property) for the City will permit the City to construct, lay, maintain, repair, inspect, improve, and operate utility water pipes or lines, meters, and appurtenances for the transmission of raw or treated water. RECOMMENDATION: Recommend Council adopt the attached appropriation Ordinance. Gary Duval, General Manager of Public Utilities, gave a brief summary 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 Lane. Ms. Jackson opened the public hearing for public comment. Seeing no hands, Ms. Jackson closed the public hearing. Council Member Wilson-Smith made a motion to adopt the ordinance approving the City of Petersburg use of a non-exclusive perpetual easement. 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, and Myers 15-ORD-6 AN ORDINANCE APPROVING THE CITY OF PETERSBURG USE OF A NON-EXCLUSIVE PERPETUAL EASEMENT ON 33 RAWLINGS LANE, FURTHER IDENTIFIED AS TAX PARCEL 27-1-05 GRANTED BY VIRGINIA ELECTRIC AND POWER COMPANY. f. A public hearing on a proposed Ordinance declaring 216 Mars Street a blighted property and a nuisance to the community.  Minutes from the Petersburg City Council meeting held on: February 3, 2015 - 14 – ______________________________________________________________________________ BACKGROUND: This property was deemed a public nuisance by the Inspections Division on February 27, 2014. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. The Owner of 216 Mars Street has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $5,000 and the Code of Virginia sec. 36-49.1:1(G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend Council adopt the attached Ordinance. Danielle Powell, Assistant City Attorney, stated that the owner of 216 Mars Street did not receive public notice so this will be excluded from the agenda tonight. g. A public hearing on a proposed Ordinance declaring 218 Mars Street a blighted property and a nuisance to the community. BACKGROUND: This property was deemed a public nuisance by the Inspections Division on February 27, 2014. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. The Owner of 218 Mars Street has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $5,000 and the Code of Virginia sec. 36-49.1:1(G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend Council adopt the attached Ordinance. Danielle Powell, Assistant City Attorney, stated that the owner of 218 Mars Street did not receive public notice so this will be excluded from the agenda tonight. h. A public hearing on a proposed Ordinance declaring 852-54 East Bank Street a blighted property and a nuisance to the community. BACKGROUND: The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. The Owner of 852-54 East Bank Street has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $8,000 and the Code of Virginia sec. 36-49.1:1(G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend Council adopt the attached Ordinance. Danielle Powell, Assistant City Attorney, gave an overview of the ordinance declaring property blighted and a nuisance to the community. She stated that she will be combining properties 852-54 East Bank Street, 911 Rome Street and 1002-04 West Washington Street into one public hearing. Ms. Jackson opened the public hearing for public comment. Eric Jones, owner of 1002-04 West Washington Street, stated that they are currently trying to sell the property. He stated that he is present to request time to find a buyer for this property. He asked that if there is not allowed time to sell the property then will he be able to find someone to tear it down at a different and lower price. Mr. Telfair stated that in regards to Mr. Jones property ask that it be tabled and have an appointment with the appropriate members of staff to see if something can be worked out.  Minutes from the Petersburg City Council meeting held on: February 3, 2015 - 15 – ______________________________________________________________________________ Council Member Hart made a motion to table the 1002-04 West Washington properties until further notice. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Moore, Parham, Wilson-Smith, and Myers Ms. Jackson asked was there further comment from the public with regards to the properties noted. Carrington Brown, 1557 South Sycamore Street, stated that she believes that the man that presented before argument about his property was non-topical. She stated that the man owns the property but lives in South Chesterfield. She asked how much sense does this make. Mayor Myers stated that he is the owner of the property and he has asked for time regarding his property. He stated that he has talked to the authority to grant him this time. He stated that the owner has asked for time for sale or demolition of the property. He stated that he is authorized well within his rights to do so. Ms. Brown stated that the property had enough time to do this. Mayor Myers stated that he appreciates the comment but that City Council has already allowed the owner the extra and that the public hearing is closed for that property. Gloria Brown, 1557 South Sycamore Street, stated that she wanted to know if the owner of 1002-04 West Washington Street owed property taxes on that particular property. Mayor Myers stated that the answer for the property at 1002-04 West Washington Street could not be answered at this time. Seeing no further hands, Ms. Jackson closed the public hearing. Council Member Hart made a motion to approve the ordinance declaring 911 Rome Street and 852-54 East Bank Street as blighted properties and a nuisance to the community. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Moore, Parham, Wilson-Smith, and Myers 15-ORD-7 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 852-854 E. BANK STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE. 15-ORD-8 AN ORDINANCE TO DECLARE THE PROPERTY LOCATED AT 911 ROME STREET A BLIGHTED PROPERTY AND A PUBLIC NUISANCE TO THE COMMUNITY AND AUTHORIZING THE ABATEMENT OF SUCH NUISANCE. i. A public hearing on a proposed Ordinance declaring 911 Rome Street a blighted property and a nuisance to the community. BACKGROUND: On July 22, 2011, the Inspections Division deemed the property to be a public nuisance. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. The Owner of 911 Rome Street has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $8,000 and the Code of Virginia sec. 36-49.1:1(G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend Council adopt the attached Ordinance.  Minutes from the Petersburg City Council meeting held on: February 3, 2015 - 16 – ______________________________________________________________________________ *Combined with public hearing item “7i.” j. A public hearing on a proposed Ordinance declaring 1002-04 West Washington Street a blighted property and a nuisance to the community. BACKGROUND: This property was deemed a public nuisance by the Inspections Division on April 4, 2011. The Petersburg Fire Department-Inspections Division believes that very little to no maintenance has been performed on the structure. The Owner of 1002-04 West Washington Street has failed or refused to repair said property. The estimated cost of abatement of the property, so that it is no longer a nuisance, is approximately $9,000 and the Code of Virginia sec. 36-49.1:1(G) allows for the recovery of such costs from the property owner. RECOMMENDATION: Recommend Council adopt the attached Ordinance. *Combined with public hearing “7i” and tabled with a motion 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. Jewel Hill, 551 Lock Lane, stated that she has questions for City Council and that she would like to ask that the time be recalculated because of the absence of the two prior people. She stated that she would like to ask City Council to consider verbatim minutes which are secondary to legal, liability and accountability issues. She stated that she would like to ask the City Attorney a question about the 30 days but that she will ask him after meeting. She stated that she knows that the Robert’s Rules of Order do not say this. She stated that she would like to know what the State of Virginia say since the State rule oversees the City’s rules. She stated that she is standing up at the podium again to address the new council. She stated that this is not the City Council Members of 2014 but the ones from 2015. She stated that she would like the new City Council Members to consider putting a motion on the floor to consider and keep the jail open in the City. She stated that the City has 2,400 jobs that they have lost and 900 state jobs. She stated that Sheriff Crawford and the deputies have the best record from a forensic standpoint. She stated that each year they have received 100% on their audits. She stated that they deserve to stay in the City. She stated that this is the best thing that they have in the City that she knows of. She stated that she does not know anywhere in Richmond or Prince George that has an audit record of 100%. She stated that Prince George does not have this and that those jobs are not transferrable. She stated that they have Captains that deserve their jobs. She stated that she is asking the City and City Council Members to listen to the people. She stated that the people have spoken and that they will speak until they listen. She stated to the Mayor to be careful how you treat people on your way up because they will be the same people that you will meet on your way down. Sheriff Vanessa Crawford, 1616 Kings Road, stated the Mayor Myers and City Administration with no other City Council Members made an announcement on yesterday that the Petersburg Jail was closing. She stated that Petersburg is a City where the position of Mayor is merely ceremonial. She stated that the Mayor does not have any veto power and the other Council Members have the same power as the Mayor. She stated that recently there have been decisions made which seem to give the indication that the Mayor can operate automatously. She stated that he quoted at his press release, “There will be no reversal of this decision.” She stated that as one Council Member this is not his decision to make. She stated that this City is governed by a seven member City Council per the City Charter and Robert’s Rules of Council and that the rules state that any  Minutes from the Petersburg City Council meeting held on: February 3, 2015 - 17 – ______________________________________________________________________________ member of City Council can bring up anything that is of concern to them. She stated that the Mayor’s only responsibility is to proceed over the meeting not while what other City Council Members can and cannot bring to the table. She stated that additional the Mayor stated at his press release “City Council has taken the issue seriously and has always kept the stakeholders, sheriff staff, inmates and the community as a priority.” She stated that the stakeholders are15 passers, the school superintendent, and a House of Delegate representative who has spoken and sent letters. She stated that City Council has a total of 17 letters in front of them in which each of them representative thousands of people asking them to not close the jail. She state that family members do not have transportation to visit their incarcerated family members at Riverside Regional Jail. She stated that they are not considering the citizens of Petersburg because they have spoken loud and clear. She stated that she believe that people if they are given an accurate complete financial picture of the City that they would not agree on what City Council is doing. She stated that Petersburg has lost accurately 2,584 jobs since 1998 plus 900 jobs since last June. She stated that in 2012 Mr. Johnson started telling her that even though the idea of a new jail was his that he wanted them to close the old jail and then build a new jail. She stated that she suggested to the City Manager that this is probably because he wanted to use the money to build a New City Hall. She stated that in the Mayor’s statement yesterday this is exactly what happened. She stated that it was indicated that building a new jail would not recognize projects that City Council adopted such as the New City Hall. Della Brown, 230 Elm Street, stated that she wanted to relate to the water situation. She stated that she understands that the meters were installed by Johnson Controls contractors. She stated that when they were up there they made it clear to everyone that they did the testing and the recalculating and got things corrected. She stated that her thing is that the statement was made and that when they provided the meters for everyone that they were right. She stated that they should have expected this and that they would not have had this problem. She stated that since they have had this problem and it was mentioned about financing services and Social Services. She stated that it is continued that Social Services help out with electrical bills and other things and that the funds could be low. She stated that they may not have the funds that are needed to help in this situation. She stated that Johnson Controls and contractors are totally responsible for what is going on with the water bills. She stated that they should provide the funds to get this back on track. She stated that they should not expect the residents to pay this money because of something that they did wrong. She asked why the City did not ask the contractors who installed the new meters to take care of this. Mayor Myers stated to Mrs. Brown that they do not normally respond during the public information period but that the City has taken full responsibility for those mistakes. He stated that they will be working for the public to clear these mistakes out. Sharon Sculthorpe, 1710 Mount Vernon Street, stated that she is present tonight to speak on behalf of herself and her parents who live at 1683 Mount Vernon Street. She stated that it is also in reference to the current water bills. She stated that she received a water bill in excess of $300. She stated that her parents received a water bill in excess of $416. She stated that she has been a resident of this City for 14 years and her parents have been for 19 years. She stated that looking back in the past three years of their water bills average 9.33 cubic feet and her parents 11.25 per hundred cubic feet. She stated that she was billed for 4,500 cubic feet and her parents for 6,600 cubic feet. She stated that this gives them a total of 8,328 gallons of water. She stated that there are two people that reside at her home and two people that reside at her parents’ home. She stated that her parents are over 80 years of age. She stated that there is no way that they use this amount of water. She stated that she does not have a problem with paying her bills. She stated that if the bills had come over $30 dollars she would have been okay with this and she would have paid it. She stated that they cannot tell her these bills are correct. She stated that these devices can be calibrated wrong. She stated that these bills cannot be correct. She stated that her phone calls were not returned and that when she went to speak to them she was spoken to and not with. She stated that she is asking the City to take of this. She stated that she does not understand that her water bill is going to be higher than her gas bill in the winter or her electric bill in the summer. She stated that they are asking them to choose a bill. She stated that she lives on a fixed income as a disabled veteran and her parents live on fixed income as elderly citizens. She stated that she  Minutes from the Petersburg City Council meeting held on: February 3, 2015 - 18 – ______________________________________________________________________________ is asking them to recalibrate the readings. She stated that they are all wrong. Rolent Snipes, 1850 Arch Street, stated that he has two or three items to address to City Council and that he is going to try and do this in a timely manner. He stated that the first thing is the water bill. He stated that the City needs to get a handle on this. He stated that he is going to go down to City Hall and find out why his water bill is higher than his gas bill. He stated that closing the jail should be his issue. He stated that it should not be in City Council’s hand to tell him that the jail is closing. He stated that the next issue is on property. He stated that he lives at 1850 Arch Street and that there is a big lot near it that is supposed to be a federal park. He stated that there has been nothing there but a dump. He stated that he has been there 15 years and that he is a retired veteran. He stated that it has been cleaned up but that still nothing has been done. He stated that maybe there can be something developed there. He stated that all he is asking is that something be done. Julian Greene, 1625 Blair Road, stated that the residents on Blair Road have a complaint. He stated that his bill shows the current reading and that it does not show the previous reading. He stated that when he looks back at his old bill it does not show and synchronize the amount of use with this bill and that it went over 1,000 cubic uses. He stated that his wife owns a business and uses water all day long. He stated this his bill at home is three times the cost of his wife bill and that she is a cosmetologist. He stated that he ask that they are compassionate and understanding to the citizens. He stated that the citizens are the City’s project. He stated that the City talks about “I am Petersburg.” He stated how they think they are going to promote this branding if the citizens are not treated fair. He stated that he is one of the remaining plaintiffs alive that has this form of government that they are presently under ruled by Judge Marriage. He stated that they have the at-large system. He stated that that the City does not have a strong Mayor. He stated that each Council Member represents 1/7 of all citizens in the City. He stated that all must be accounted and all must be in the same page when decision is made. He stated that he supports keeping the jail open. He stated that to the Mayor that he understands what he is saying. He stated that in the absence of some of the speakers within the 30 minute time frame some of those numbers should be recalibrated. He stated that he water bills need to be fixed. He stated that appointment of the new council member must be done expeditiously and not have a special election and serve the full term. Aquilla Mason, 2223 Bishop Street, stated that she purchased her home in 2008. She stated that she is a young home owner. She stated that she has had several problems with the City’s water department. She stated that he has had constant high water bills. She has stated that her bill is a bill of a home of four people living in one house. She stated that she is only home six hours out of the day. She stated that there is no water running or no leaks and that this is what the City is stating. She stated that her bills are always getting mixed up and constantly being shut off for no reason. She stated that she has called the City on numerous occasions asking why they have her bill mixed up. She stated that they tell her do not worry and that they have her bill under control but then come back and her bill is messed up again. She stated that she was getting her hot water heater fixed and that he had no water and that they were ready to blow her home up because they turned off the water. She asked whether the citizens are paying for the water main break in the City. She stated that it is no reason why the water should leak on days on in. She stated that she had no water pressure for three or four days then all of a sudden everyone gets these bills. She asked how someone is supposed to pay these bills on fixed income. She stated that it looks as if they are railroading the citizens. She stated that everything that goes up in the City goes into the water bill cost. Vernel Gannaway, 652 Old Wagner Road, stated that he applauds the City Manager for picking up the trash. He stated that he wishes that they encourage the business owners to do the same. He stated that there are a lot of business owners that have been there for years and that they do not clean up their businesses. He stated that there needs to be incentives for those that do pick up the trash. He stated that he thinks about Richmond when they use the restaurant reports and that they should get certificates for the good restaurants and the bad ones need to be checked and put up to code. He stated that historical buildings are being torn down. He stated that the building on The Avenue in Petersburg was just torn down and that a plaque of some  Minutes from the Petersburg City Council meeting held on: February 3, 2015 - 19 – ______________________________________________________________________________ nature needs to be down for this. He stated that this is black history. He stated that they not just black during the month they are black every day. He stated that there is history on the upper portion of Petersburg just as well on the lower part of Petersburg. He stated that there are a lot of places where they are still tearing down property now. He stated that he would like to thank Jay Ell Alexander for putting the information on the TV station. He stated that they should have the council meetings on the TV station. 9. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of a Resolution for Writ of Election to fill vacancy on City Council. BACKGROUND: The passing of Vice-Mayor, and Councilman, Carl Michael Ross leaves a vacancy on City Council and this vacancy must be filled by Special Election. RECOMMENDATION: Recommend Council adopt the attached Resolution. Brian Telfair, City Attorney, gave a brief overview of the resolution for Writ of Election to fill vacancy on City Council. There was discussion among City Council Members and staff. Council Member Moore made a motion to adopt the resolution for Writ of Election to fill vacancy on city Council. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Moore, Parham, Wilson-Smith, and Myers 15-R-7 A RESOLUTION TO AUTHORIZE THE CITY ATTORNEY TO FILE A PETITION FOR A WRIT OF ELECTION. b. Consideration of Petersburg Housing and Redevelopment Authority’s request to create new entities. BACKGROUND: In December of 2013, PRHA applied to HUD to include the units at Pecan Acres/North Valor (collectively “Pecan Acres”) and Sycamore Towers under a new HUD program known as the Rental Assistance Demonstration (RAD) program. known as the Rental Assistance Demonstration (RAD) program. RAD allows Public Housing Authorities and owners of HUD-assisted properties to convert units from public housing units to project-based Section-8 programs. Currently, Public Housing Authorities (PHAs) are not able to borrow against their public housing properties because HUD holds a lien on the property known as a Declaration of Trust which precludes leveraging or mortgaging the property. Under RAD, HUD releases the Declaration of Trust so that the PHA can borrow against the property to make necessary renovations and upgrades. RAD is a key component in HUD’s mission to preserve affordable housing. There are 1.2 million units in the public housing program which have a documented capital needs backlog of nearly $26 billion. HUD provides PHAs funding for capital expenditures on an annual basis; however, HUD is not, and will likely never be financially able to fund this huge backlog of unmet capital needs. As a result, the public housing inventory has been declining by an average of 10,000 units annually through demolitions and dispositions. Meanwhile, the 38,000 units assisted under HUD legacy programs are ineligible to renew their contracts on terms that favor modernization and long term preservation. The current conditions of many of these properties inhibit investment and recapitalization efforts in the communities with the most need. By drawing on an established industry of lenders, owners, and stakeholders, RAD allows PHAs and owners of HUD assisted housing to preserve affordable housing units which would otherwise be subject to vouchers and demolition. RAD creates greater funding certainty while allowing increased operational flexibility to empower PHAs and owners to serve their communities. On October 22, 2013, PRHA held two public meetings to inform residents of its intent to  Minutes from the Petersburg City Council meeting held on: February 3, 2015 - 20 – ______________________________________________________________________________ convert its public housing stock under RAD. PRHA received a RAD Contingent Approval letter from HUD on October 17, 2014, providing approval of its two RAD applications contingent upon Congress increasing the cap on the number of public housing units that could be converted under RAD beyond 60,000 units. The Consolidated Appropriation Act of 2015 approved by Congress in December 2014 authorized raising the cap on the number of units eligible for RAD from 60,000 to 185,000 units. HUD now has the ability to convert RAD Contingent Approval letters into final RAD approvals evidenced by a Commitment to enter into a Housing Assistance Payment (CHAP) contract. HUD is expected to issue final CHAPs in February 2015. Now that PRHA has been approved for RAD, its next steps are to find ways to finance the much needed renovations to Pecan Acres and Sycamore Towers. To that end, PRHA has assembled a development team of consultants to include attorneys, architects, development consultants, market analysts, surveyors, engineers and others to assist in planning and implementing each phase of the RAD conversion and property renovations. In an effort to raise the necessary capital for the renovations while minimizing the debt load, PRHA intends to apply for 9% Low Income Housing Tax Credits (LIHTC) with the Virginia Housing Development Authority (VHDA) in its next round, (due March 6, 2015). To facilitate the LIHTCs, PRHA needs to create at least four new entities including limited partnerships and limited liability corporations to structure its tax credit deal. The Code of Virginia Title 36-19.12 requires all political subdivisions like PRHA to obtain approval from the local governing body (Petersburg City Council) to create a new entity. The Board of Commissioners of PRHA approved the creation of new entities to facilitate RAD and LIHTC at its regular meeting held on January 26, 2015, at 6 p.m., subject to Petersburg City Council’s approval. The approved PRHA Board of Commissioners’ Resolution #012615-01 is attached. RECOMMENDATION: Recommend Council adopt the attached Resolution. Nathaniel Pride, Petersburg Redevelopment and Housing Authority, gave a brief overview. Council Member Coleman made a motion to approving the participation of the Petersburg Redevelopment and Housing Authority in entities relating to the renovation of existing housing units and new construction activities on land adjacent to and/or part of Pecan Estates and Sycamore Towers. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Moore, Parham, Wilson-Smith, and Myers 15-R-8 A RESOLUTION APPROVING THE PARTICIPATION OF THE PETERSBURG REDEVELOPMENT AND HOUSING AUTHORITY IN ENTITIES RELATING TO THE RENOVATION OF EXISTING HOUSING UNITS AND NEW CONSTRUCTION ACTIVITIES ON LAND ADJACENT TO AND/OR PART OF PECAN ESTATES AND SYCAMORE TOWERS. c. Consideration of appropriation of asset forfeiture funds received by the Bureau of Police. BACKGROUND: In November 1990, laws were adopted allowing local law enforcement agencies to benefit from the seizure of monies, property, and goods connected with the illegal distribution of narcotics. These laws make it possible for law enforcement agencies to receive the proceeds from the sale of these items, for use by the law enforcement agency. The Petersburg Police Department intends to use the funds for equipment and technology. RECOMMENDATION: Recommend Council adopt the attached appropriation ordinance. Council Member Wilson-Smith made a motion to adopt the appropriation ordinance in the amount of $200,000. 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, and Myers  Minutes from the Petersburg City Council meeting held on: February 3, 2015 - 21 – ______________________________________________________________________________ 15-ORD-10 AN ORDINANCE, AS AMENDED, SAID ORDINACE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2014, AND ENDING JUNE 30, 2015 IN THE SPECIAL FUNDS FUND IN THE AMOUNT OF $200,000 FOR POLICE STATE ASSET FORFEITURE FUNDS. d. Consideration of appropriation of Fire Service Board Hardware Grant funds in the amount of $1,000 received by the Department of Fire, Rescue, and Emergency Services. BACKGROUND: The City of Petersburg has participated in the Virginia Fire Incident Reporting System (VFIRS) for over 30 years. The process has evolved from paper copies being submitted to the State to electronic transfer of the reports. These reports are then transferred to the national levels which are used to analyze fire service related trends. The data is used at the local, state, and national level to guide improvements in national fire codes, consumer products, and public education. The Department will use the funds to purchase computer hardware equipment that will increase the efficiency of our fire reports through the VFIRS. RECOMMENDATION: Recommend Council adopt the attached appropriation ordinance in the amount of $1,000.00. Council Member Wilson-Smith 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 Council Member Hart. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Moore, Parham, Wilson-Smith, and Myers 15-ORD-11 AN ORDINANCE, AS AMENDED, SAID ORDINACE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2014, AND ENDING JUNE 30, 2015 IN THE SPECIAL FUNDS FUND IN THE AMOUNT OF $1,000 FOR FIRE SERVICE BOARD HARDWARE GRANT. e. Consideration of the appropriation of additional Fire Programs Grant funds in the amount of $1,630 received by the Department of Fire, Rescue, and Emergency Services. BACKGROUND: Funding in the amount of $86,000 was previously appropriated in the Special Fund budget for anticipated receipt of the Fire Programs Grant. The Department actually received funding in the amount of $87,630; therefore, the additional funds, in the amount of $1,630, must be appropriated. RECOMMENDATION: Recommend adoption of the attached appropriation ordinance. Council Member Wilson-Smith made a motion to adopt the appropriation ordinance in the amount of $1,630 received by the Department of Fire, Rescue, and Emergency Services. 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, and Myers 15-ORD-12 AN ORDINANCE, AS AMENDED, SAID ORDINACE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2014, AND ENDING JUNE 30, 2015 IN THE SPECIAL FUNDS FUND IN THE AMOUNT OF $1,630 FOR FIRE PROGRAM FUND. Council Member Wilson-Smith made a motion that City Council agree to form a committee of citizens (2 per ward) to start and look at making changes to the current antiquated charter. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart,  Minutes from the Petersburg City Council meeting held on: February 3, 2015 - 22 – ______________________________________________________________________________ Moore, Parham, Wilson-Smith, and Myers Council Member Wilson-Smith made a motion that City Council has a workshop within the next couple of months to review the roles and Rules of Council and include an understanding of the commission’s and boards and all are on the same accord. The motion was seconded by Council Member Parham. There was discussion among City Council Members. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Parham, and Wilson -Smith; Voting No: Moore and Myers Council Member Wilson-Smith stated that she wanted to refer back to the items on the minutes of January 13, 2015, that were just passed. She stated that on page 8 it states that Mayor Myers stated that City Council has reached a consciences and that they will be meeting with appropriate parties moving forward in the next two days. She stated that this is all in relation to the jail. She stated that she is not understanding the information. She stated that if they did meet with the appropriate parties then who met with whom. She stated that she does know that the sheriff did send an email requesting the meeting and that she did respond to an email requesting a meeting. She stated that the sheriff did state who she will be bringing with her to the meeting. She stated that the sheriff never got a response to this. She stated that according to the minutes they did not follow through what they stated they were going to do. She stated that someone went ahead and made the decision to close the jail. She stated that it appears to her that this is what they said they were going to meet. She stated that it is not a matter of closing the jail but a matter of protocol and what they stated that they were going to do. She stated that they need to follow what they put in place. She stated that it makes City Council look unorganized. Council Member Wilson-Smith made a motion that they revisit the jail and keeping it open until such time that they do what they stated that they were going to do in a manner that is decent and in order for both parties. There was discussion among City Council and staff. The motion was seconded by Council Member Coleman. There was discussion among City Council and staff. The motion was not approved on roll call. On roll call vote, voting yes: Coleman, Hart, and Wilson- Smith; Voting No: Moore and Myers; Abstain: Parham 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 Council Member Hart. There was no discussion on the motion, which was not approved on roll call vote. On roll call vote, voting yes: Moore, Parham, and Myers; Voting No: Coleman, Hart, and Wilson-Smith City Council entered recession at 10:09 p.m.  Minutes from the Petersburg City Council meeting held on: February 3, 2015 - 23 – ______________________________________________________________________________ City Council returned back to session at 10:15 p.m. 10. CITY MANAGER’S AGENDA: City Manager, William Johnson, stated that City Council Members may participate in the healthcare plan during open enrollment in the months of May and June. He stated that if they decide to participate it would be effective July 1, 2015. He stated that he will hand out what the existing rates are so that they would have some idea of what the cost would be. He stated that the rates for next fiscal year would be finalized later on this year. 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 voice vote. City Council adjourned at 10:20 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor