City Council

Minutes from the Petersburg City Council meeting held on: March 3, 2015 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, March 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 Darrin L. Hill Council Member Brian A. Moore Council Member Treska Wilson-Smith Vice Mayor Samuel Parham Mayor W. Howard Myers Absent: Council Member John A. Hart, Sr. (arrived at 5:35p.m.) 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 under Subsection 1 to discuss and consider certain issues that pertain to public officers or/and appointees; under Subsection 3 to discuss the disposition of publicly held real property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the City; and under Subsection 6 to discuss the investing of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the City would be adversely affected. Council Member Moore moved that the City Council go into closed session for the purposes noted by the City Attorney. The motion was seconded by Vice Mayor Parham. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Coleman, Hill, Moore, Wilson-Smith, Parham and Myers; Absent: Hart City Council entered closed session at 5:00 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 Vice Mayor Parham. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Wilson-Smith, Parham and Myers 15-R-14 A RESOLUTION CERTIFYING, AS REQUIRED BY THE CODE OF VIRGINIA, SECTION 2.2- 3712, THAT TO THE BEST OF EACH MEMBER’S KNOWLEDGE, ONLY PUBLIC BUSINESS MATTERS LAWFULLY EXEMPTED FROM OPEN MEETING REQUIREMENTS OF VIRGINIA LAW WERE DISCUSSED IN THE CLOSED SESSION, AND ONLY SUCH PUBLIC BUSINESS MATTERS AS WERE IDENTIFIED IN THE MOTION CONVENING THE CLOSED SESSION WERE HEARD, DISCUSSED, OR CONSIDERED.  Minutes from the Petersburg City Council meeting held on: March 3, 2015 -2– ______________________________________________________________________________ 1. REGULARLY-SCHEDULED MEETING – 6:30 P.M. 2. ROLL CALL: Present: Council Member David R. Coleman Council Member John Hart, Sr. Council Member Darrin L. Hill 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. 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 honoring the life of James D. Mitchell (Mitch Malone). BACKGROUND: Mitch Malone was working at Magic 99 and became the first black radio disc jockey on an FDM station in central Virginia. He was the voice of one of the region’s number one radio programs. RECOMMENDATION: Recommend Mayor W. Howard Myers read and present the proclamation. Mayor Myers read the proclamation out loud. Bernard Lundy stated that he would like to thank the entire City Council. He stated that he would like to especially thank two people that really worked with him. He stated that he would like to say good evening to everyone. He stated that this is very emotional and very exciting. He stated that Mitch Malone was a vessel for the City. He stated that with the many things that were said about the City they were able to have a vessel that can turn those things around. He stated that he is very appreciative of this. He stated that he really wanted to thank Mr. Johnson and Ms. Jackson. He stated that they were the actual two that he sat down with and that they were just as excited and exceptive to it as he was. He stated that he would like to thank them. He stated that he knows that Mr. Malone is excited about this and that the entire City is grateful for having this type of vessel.  Minutes from the Petersburg City Council meeting held on: March 3, 2015 -3– ______________________________________________________________________________ b. Presentation of the Elected Officials’ Guide to Emergencies and Disasters. BACKGROUND: The Virginia Department of Emergency Management, in partnership with the Virginia Municipal League and the Virginia Association of Counties created this guide to inform elected officials about emergency management. RECOMMENDATION: None Fire Chief T. C. Hairston gave a briefing of the Elected Officials’ Guide to Emergencies and Disasters. Mayor Myers stated that he would like to take this opportunity to welcome the new Vice Mayor Samuel Parham and the Ward 2 Appointee, Darrin Hill, who is filling the seat for the late Carl “Michael” Ross. 6. CONSENT AGENDA: a. Request to schedule a public hearing on the proposed uses of FY2015-16 CDBG funds. b. Request to schedule a public hearing on the proposed disposition of a portion of publicly-owned property addressed as 3501 Halifax Road. Council Member Moore made a motion to accept the Consent Agenda that schedules two public hearings for March 17, 2015. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Wilson-Smith, Parham, 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.) *No public hearings for this portion of the agenda. 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. Reverend Dr. Larry Brown, 33 Liberty Street, stated that he stands on behalf of the Petersburg Sheriff Department. He stated that he is concerned with an article that he read on Sunday evening in the Progress- Index concerning the moving forward of the closing of the jail in the City of Petersburg. He stated that personally he has nothing to lose or nothing to gain. He stated that if the jail closes he has nothing to lose and if the jail remains open he has nothing to lose. He stated that he has no relatives, brothers, siblings or sisters or loved ones that work for the City of Petersburg or Sheriff Department. He stated that tonight he stands as a voice for the 60 plus people that will be losing their jobs. He stated that according to concerns from what he is reading most people came because of something that took place in 2012. He stated that there was some help that was asked for with regards to an elevator and air conditioning for the inmates and the employees. He stated that since then it has been back and forth and there has been other issues and things. He stated that now the jail is getting ready to close. He stated that only 61 people lose their job in an already struggling City then those 61 people who have a spouse then double to 122 people. He stated that if there are dependents then the number of people will be affected. He stated that maybe the City jail needs to close. He asked what has the Sheriff and the Sheriff Department done. He stated that based on information there only job is to house criminals. He stated that from what he sees they have not done anything except gave internship to youth,  Minutes from the Petersburg City Council meeting held on: March 3, 2015 -4– ______________________________________________________________________________ scholarships to the children, outreach programs to the community. He stated that they have TRIAD for senior citizens with 1,300 members and growing each and every day. He stated that they have Meals on Wheels in the community and back to school events. He stated that they have saved $100,000 to the City of Petersburg by simply allowing the inmates to work. He stated to City Council to be careful on their decision. He stated that they do not want to make a decision that causes a tsunami effect in the lives of people in the City of Petersburg. Jewel Hill, 551 Lock Lane, stated that she stands asking City Council to be considerate of the 61 deputy sheriffs, Sheriff Crawford, the families of the arrestees and the 32,410 residents of Petersburg. She stated that she would like to rescind her previous statement in a council meeting based on the new information that she obtained from the bus station having Sheriff Crawford educate them on the cost of an holding area in the amount of $5 million. She stated that this City Council as a whole has not considered a cost. She stated that she told them to consider the cost and not the lost. She stated to Mayor Myers that when Sheriff Crawford asked him that no one was able to give her a cost analysis of the holding area. She stated that implementing deductive reasoning they have not counted the cost of housing the Petersburg arrestees and inmates at the Prince George City Jail. She asked that as a civil rights advocate why in the world would they give up the City jail when no other locality has given 100% of their arrestees to Prince George. She asked why an African American council would treat the City of Petersburg worse than the majority of Caucasian council’s in other localities. She stated that the jail was open in 1968 and that this is the civil right era. She stated that she is present to tell them that Martin Luther King did not die for anything. She stated that she told them about the Sheriff Department being 100% each year for the last 10 years. She stated that Riverside Regional Jail only has a compliance of 83% according to their website. She stated that she has shared with them about the deputy sheriff’s. She stated that she thinks that Reverend Brown made a good statement as to what they really give and those are the loss. She stated that she has even shared with them that the jobs are not transferable. She stated that they will more than likely have to take a lower job or they will not get a job at RiversideRegional Jail at all. She stated that according to Sheriff Crawford the overage is 37,000 or less. She stated that everyone just hear Reverend Brown say how much they give to them. She stated that her suggestion is that City Council gives back those raises that they received and that she is talking about the attorney as well. She stated that they should also give back the health insurance that they voted in. She asked City Council how dare they put the deputies in the street after 100% on their audits and then they reward themselves more than then call. She stated to City Council especially the new members that they have the power to be their own man. She stated that they should waive the Rules of Council and make the motion to keep the jail open. She stated that they should be careful how they treat those on their way up because they will meet them on their way down. Willie Noise, 911 West Washington Street, stated that tonight he has two things on his list. He stated that they are the moment of silence and the public information period. He stated that the public information period is set to last 30 minutes. He stated that if there are ten or fewer speakers then each speaker shall speak for 3 minutes and ten or more speakers then the time allotted may be adjusted or the number of speakers met for the time limitation. He stated that his question is on whether the time limit can be adjusted for the ten or fewer to meet the time limitation of 30 minutes. He stated that giving more time to speakers when there are less than ten people to meet the time limitation. He asked how many seconds are in a moment of silence. He stated that at the last Council Meeting there was 30 seconds. He asked would City Council be in an agreement to extend the time limit to one minute. He stated that a moment is a moment of time where one hour equals 40 moments in a solar hour. He stated that a moment in precious measurement of time is 90 seconds. He stated that he would appreciate a timely reply to his question and he will wait for a reply. Sheriff Vanessa Crawford, 1616 Kings Road, stated that she is standing in front of City Council once again asking them to rescind their decision to close the jail facilities in Petersburg. She stated that she has written City Council three times with no response from anyone for a presence in being able to speak at a public hearing. She stated that as stated at the Mayor’s conference by the finance director no one has determined the amount of savings in closing the facilities. She stated that it has been determined that it will cost the City over $5 million dollars to build a lock up facility plus the cost of operating the facility and the salaries of the staff. She stated that you can only expect the cost of housing an inmate at Riverside to increase over the years with a long term commitment. She stated that they have only asked for air  Minutes from the Petersburg City Council meeting held on: March 3, 2015 -5– ______________________________________________________________________________ conditioning. She stated that statistics from the compensation board state that roughly 61% of their inmate population is in and out on the same day causing a huge transport issue in having to go back and forth to Riverside every day. She stated that additionally those who are awaiting trial and sentencing or pending charges represent 50% of their jail population that is once again cause extreme transportation issues. She stated that the Commonwealth’s Attorney stated that the closure of the jail would cause an effect on court dockets that would include trials, motions and sentencing. She stated that she reminds City Council that this is parallel to the closing of Brown and Williamson. She stated that this closing devastated Petersburg economically and the closing of the jail would shake the community. She stated that this would put 61 people out of work and in considering their families 300 people would be affected. She stated that there is no evidence that shows that there would be any savings. She stated that they only ask for air conditioning. She stated that they have over 18 letters of support from the pastors, 63rd Delegate, school superintendent and commonwealth attorney to allow the jails to stay open. She stated that the people that wrote the letters represent over 7,000 in the community. She stated that this number is about the number of people that voted in the last election. She stated that she wants them to think about the fact that as elected officials they are the voice of the people and that they are their constituents. She stated that she and City Council work for them. She stated that she is the voice of her staff that will be unemployed and whose families will be faced with hardship on where they get their next meal or how they pay their house note or rent. She stated that some will get jobs but no one is guaranteed a job. She stated that families will be affected because there is no public transportation that runs to Riverside. She stated that currently people walk and ride bikes and take the bus to see their loved ones. She stated that she ask for them to please reconsider and do what’s best for the community. She stated that she must remind everyone that a new jail was the idea of Mr. Johnson. She stated that her only request was for air conditioning and an elevator. She stated that they now have an elevator. She stated that they need to remember that nothing is a done deal because one Council Member says it is. Vernel Gannaway, 1027 Eighth Street, stated that he is present tonight to dido on what was stated before about the change of his heart on the City Jail. He stated that when he heard a new Council Member make a motion about new insurance for City Council he asked himself how this can be when they are closing a jail. He stated that there are people in the City that have other needs. He stated that to him it was like throwing the bath water out. He stated that when you are elected officials this is not a part of your agenda but the agenda for the City of Petersburg. He stated that he would like to speak on the moment of silence. He stated that at the last meeting they were honoring a former Council Member, Carl Ross. He stated that they had a moment of silence and that it was really implemented. He stated that he put his watch on and that it was only for 33 seconds. He stated that it should have been a minute for Mr. Ross and a minute for the regular moment of silence. He stated that this is showing disrespect for a person that has set on City Council for a number of years. He stated that this should be reconsidered and to not rush things that makes this City Council work. 9. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of appointment/s to Virginia’s Gateway Region Board of Directors. BACKGROUND: Virginia’s Gateway Region is a private, nonprofit organization that is funded to facilitate new business opportunities, work with existing businesses, advance resources that will enhance the economic viability of the region, and foster regional cooperation among the public and private entities that are involved in economic development activities. Virginia’s Gateway Region includes the Cities of Colonial Heights, Hopewell and Petersburg, and the Counties of Chesterfield, Dinwiddie, Prince George, Surry and Sussex. Each member jurisdiction appoints one (1) local elected official and one (1) local business representative to the Board of Directors. Both Mayor Myers and Winston Saunders have indicted their desire to represent the City on the Board. RECOMMENDATION: Recommend Council appoint Mayor W. Howard Myers, to replace former Vice Mayor Horace Webb, and reappoint Winston T. Saunders, Director of Engineering and Facilities of Boars Head Provisions, to the Board.  Minutes from the Petersburg City Council meeting held on: March 3, 2015 -6– ______________________________________________________________________________ Council Member Wilson-Smith made a motion to appoint Mayor W. Howard Myers, to replace former Vice Mayor Horace Webb, and reappoint Winston T. Saunders to Virginia’s Gateway Region Board of Directors. The motion was seconded by Council Member Moore. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Wilson-Smith, Parham and Myers 15-R-15 A RESOLUTION TO APPOINTING MAYOR W. HOWARD MYERS, TO REPLACE FORMER VICE MAYOR HORACE WEBB, AND REAPPOINT WINSTON T. SAUDERS TO VIRGINIA’S GATEWAY REGION BOARD OF DIRECTORS WITH A TERM EXPIRING DECEMBER 31, 2015. b. Consideration of appointment/s to the South Central Waste Water Authority Board. BACKGROUND: South Central Wastewater Treatment Authority operates the Petersburg Wastewater Plant, which serves the Cities of Colonial Heights and Petersburg along with the Counties of Chesterfield, Dinwiddie and Prince George. The Authority Board includes one (1) Member and one (1) Alternate Member from each of the political subdivisions. City Council has, as have other member jurisdictions, traditionally appointed the locality’s chief administrative officer as its representative on the Board and the Director of Public Works as the alternate. RECOMMENDATION: Recommend Council re-appoint William E. Johnson, III and Steven W. Hicks to the South Central Wastewater Treatment Authority Board. Council Member Coleman made a motion to reappoint William E. Johnson, III and Steven W. Hicks to the South Central Wastewater Treatment Authority Board. The motion was seconded by Council Member Parham. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Wilson -Smith, Parham, and Myers 15-R-16 A RESOLUTION REAPPOINTING WILLIAM E. JOHNSON, III AND STEVEN W. HICKS TO THE SOUTH CENTRAL WASTEWATER TREATMENT AUTHORITY BOARD FOR A TERM EXPIRING ON DECEMBER 31, 2019. c. Consideration of adoption of the City’s 2015 Emergency Operation Plan (EOP). BACKGROUND: The EOP provides the coordinating structures, processes, and mechanisms in a collective framework for the coordination of support during natural and man-made disasters that may impact city areas, affected individuals, and businesses. The Code of Virginia, §44-146.19, requires each local jurisdiction to prepare and keep current a local emergency operations plan. Every four years, each local agency will conduct a comprehensive review and revisions of its emergency operations plan to ensure that the plan remains current, and the revised plan shall be formally adopted by the locality’s governing body. The last of this plan made in February 2011. RECOMMENDATION: Recommend the adoption of the updated 2015 City of Petersburg Emergency Operations Plan. Council Member Hart made a motion to adopt the updated 2015 City of Petersburg Emergency Operations Plan. The motion was seconded by Council Member Hart. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Wilson-Smith, Parham, and Myers 15-ORD-13 AN ORDINANCE ADOPTING THE UPDATED 2015 CITY OF PETERSBURG EMERGENCY OPERATIONS PLAN.  Minutes from the Petersburg City Council meeting held on: March 3, 2015 -7– ______________________________________________________________________________ d. Consideration of an amendment to the Petersburg City Public School’s FY14/15 Budget to appropriate additional funds received and to consider a request for a categorical budget adjustment. BACKGROUND: When the budget was prepared, the exact amounts of grant awards were unknown. The School Division has received additional funding in the amount of $5,617,157. The Division also desires to make an adjustment to the Categorical Budget. The budget adjustment form is attached. RECOMMENDATION: The Petersburg School Board and the Superintendent request that City Council appropriate the additional funds ($5,617,157) received by the School Division for Fiscal Year 2014/2015, by adopting the attached appropriation ordinance, and also request that Council approve the Fiscal Year 2014/2015 Categorical Budget Adjustment, as prepared. There was discussion among staff and City Council Members. Council Member Hart made a motion to appropriate the additional funds ($5,617,157) received by the School Division for Fiscal Year 2014/2015, by adopting the attached appropriation ordinance, and also request that Council approve the Fiscal Year 2014/2015 Categorical Budget Adjustment. The motion was seconded by Council Member Hill. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Wilson-Smith, Parham, and Myers 15-ORD-14 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2014, AND ENDING JUNE 30, 2015, IN THE SCHOOL OPERATING & FOOD SERVICE FUNDS. e. Consideration of carrying Community Development Block Grant (CDBG) funds in the amount of $289,580 forward from prior years in order to allocate the funds for the 2014-2015 budget. BACKGROUND: CDBG accounts are brought forward annually into the next budget year. These are projects that were not completed in a prior year and must be brought forward so that the work may continue. RECOMMENDATION: Staff recommends the following CDBG funds to be carried forward and allocated to 2014-2015 as follows: 2011-2012 Gateway Signs, 4-213-22079-3190 $6,777.77 2012-2013 Center Hill Mansion, 4-380-94335-8279 152,575.23 2012-2013 Canal Sidewalks, 4-380-94556-8315 53,680.75 2013-2014 Western Hills, 4-380-94599-8315 288.70 2013-2014 Boys & Girls Club, 4-213-22061-3190 768.00 2013-2014 Project Homes , 4-213-22061-3190 3,852.00 2013-2014 Additional CDBG Allocation Balance in LOC 34,750.00 2011-2012 Porterfield Improvements, 94563-8315 6,514.83 2013-2014 Administration 30,372.31 Total $289,579.59 Council Member Moore made a motion appropriating funds in the Community Development Block Grant for the fiscal year communication on July 1, 2014, and ending June 30, 2015, in the amount of $289,579.59. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Wilson-Smith, Parham, and Myers  Minutes from the Petersburg City Council meeting held on: March 3, 2015 -8– ______________________________________________________________________________ 15-ORD-15 AN ORDINANCE MAKING APPROPRIATIONS IN THE COMMUNITY DEVELOPMENT BL OCK GRANT FOR THE FISCAL YEAR COMMUNICATION ON JULY 1, 2014, AND ENDING JUNE 30, 2015, IN THE AMOUNT OF $289,579.59. f. Consideration of carrying Community Development Block Grant (CDBG) funds in the amount of $331,433 forward from prior years in order to reallocate funds to other activities. BACKGROUND: CDBG accounts are brought forward annually into the next budget year and reprogrammed and reallocated from one program activity to another as needed. RECOMMENDATION: Staff recommends the following re-allocation of the use of CDBG funds for Centre Hill Mansion which was previously allocated for the Siege Museum in prior years. CDBG Funds to be carried forward and reallocated to CDBG 2014-2015 Center Hill Mansion, 4-380- 94335-8299 and totaling $331,433.00 to include: 2012-2013 Siege Museum, 94336-3140 $130,718.00 2014-2015 Siege Museum, 4-213-22087-3316 200,715.00 Total $331,433.00 Council Member Parham made a motion to reallocating of the use of CDBG funds for Centre Hill Mansion which was previously allocated for the Siege Museum in prior years. The motion was seconded by Council Member Moore. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Wilson-Smith, Parham, and Myers g. Consideration of carrying Community Development Block Grant (CDBG) funds in the amount of $118,446 forward from prior years in order to reallocate funds to other activities. BACKGROUND: CDBG accounts are brought forward annually into the next budget year and reprogrammed and reallocated from one program activity to another as needed. RECOMMENDATION: Staff recommends the following allocations for the use of CDBG funds for 2014-2015, the Administration line-item: CDBG Funds to be brought forward and reallocated to 2014-2015 CDBG Administration, 4-213-20000- 3190 and totaling $118,445.99 to include: 2011-2012 Porterville Improvements, 94563-8315 $40,527.37 2011-2012 Halifax Study, 4-213-22080-3190 2,965.00 2008-2009 Van Buren Estates, 4-380-94545-8315 345.00 2012-2013 CARES Inc., 4-213-22035-3190 202.00 2012-2013 TRIAD, 4-213-22035-3190 1,418.00 2012-20113 Interfaith Adult Day Care, 4-213-22040- 263.00 3190 2012-2013 Police Youth Enhancement, 4-213-22070- 517.12 3190 2012-2013 Lee Park Tennis Courts, 4-380-94340-8214 958.50 2013-2014 Contingency for Cost Overruns 31,250.00 2013-2014 Administration $40,000.00 Total $118,445.99 Council Member Moore made a motion to reallocating of the CDBG funds for 2014-2015, the Administration line-item in which the CDBG Funds to be brought forward and reallocated to 2014-2015 CDBG  Minutes from the Petersburg City Council meeting held on: March 3, 2015 -9– ______________________________________________________________________________ Administration, 4-213-20000-3190 and totaling $118,445.99. The motion was seconded by Council Member Hart. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Wilson- Smith, Parham, and Myers h. Consideration of amending the Special Fund by appropriating funds received for the Week of Wonders Camp. BACKGROUND: Donations were sought for the history camp. The funds are to be used to provide a week of learning about the City’s rich and diverse history, culture, and architecture. RECOMMENDATION: Recommend Council enact the attached appropriation ordinance in the amount of $2,610. Council Member Parham made a motion enact the appropriation ordinance in the amount of $2,610. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Wilson-Smith, Parham, and Myers 15-ORD-16 AN ORDINANCE, AS AMENDED, SAID ORDINACE MAKIGN APPROPRIATIONS FOR THE FISCAL YEAR COMMENCING JULY 1, 2014, AND ENDING JUNE 30, 2015 IN THE SPECIAL FUNDS FUND IN THE AMOUNT OF $2,610 FOR HISTORY CAMP GRANT. i. Consideration of a petition to amend an approved rezoning Ordinance for properties addressed as 1004 and 1015 Commerce Street. BACKGROUND: The public hearing having been duly held on February 3, 2015 and comments were heard during that time from the citizens. Only City Council will be deliberating and taking action on this request. No citizen comments will be allowed during the discussion of this request. 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. The project is subject to review and approval of any exterior work by the Architectural Review Board. The request also includes a building addition as permitted by the Department of Historic Resources to house penthouse units. RECOMMENDATION: Following the advertised public hearing, Council may affirm the Planning Commission recommendation, overturn the Planning Commission recommendation, table for further consideration, or return the item under consideration to the Planning Commission requesting further review. The recommendation of the Planning Commission was to deny the amendment to change the conditions. There was discussion among City staff and City Council. Council Member Coleman made a motion to overturn the Planning Commission’s recommendation and approve the rezoning for properties addressed as 1004 and 1015 Commerce Street with a condition that the  Minutes from the Petersburg City Council meeting held on: March 3, 2015 - 10 – ______________________________________________________________________________ minimum income would be $18,000. The motion was seconded by Council Member Myers. The motion was not approved on roll call. On roll call vote, voting yes: Coleman, Wilson-Smith, and Myers; Voting No: Hart, Hill, Moore, and Parham Council Member Hart stated that as he is looking at today’s agenda and he is going back a few years he had an issue with categorical funding. He stated that he would like to recommend that they remove categorical funding from City Council and give this authorization back to the school system. He stated that he thinks that they are physical responsible to take care of their issues. He stated that when they need to move money for whatever issue it is more convenient for them to do so at their pleasure then to come to City Council and wait a week or a month or two to do. He stated that he would like thank the City workers for cleaning up the streets in the 7th Ward. He stated that he had received a lot of calls on this and that the workers have stood up and went out and cleaned up the areas from the recent snow storm. Council Member Coleman stated that in listening to the City residents and also with regards of receiving a letter from the Commonwealth Attorney regarding the closing of the jail and that she is recommending that they do not close the jail. Council Member Coleman made a motion that they delay closing the jail until further notice. The motion was seconded by Council Member Wilson-Smith. Mr. Telfair stated that he recommends that City Council table the motion made by Council Member Coleman. He stated that there has been a lot of discussion and back and forth internally with various Council Members and his office. He stated that these Council Members have indicated to him that they are represented by counsel. He stated that this counsel is not present. He stated that this representation places his office in very precarious situation. He stated that he cannot take sides in anything. He stated that this simply means that he calls balls and strikes. He stated that if he had been made aware of this particular motion he would have taken the steps necessary to have counsel present to advise City Council. He stated that there was no such information given. He stated that his recommendation is to table this motion until the March 17th meeting so that this particular counsel can advise City Council. He stated that in legal terms he has been placed out of these legal discussions based on certain Council Members indicating to him that they have retained independent counsel. Council Member Moore made a substitute motion to table Council Member Coleman motion until March 17th for consideration. The motion was seconded by Vice Mayor Parham. Council Member Coleman stated that he needed clarity. He asked whether it was his understanding that his motion is being tabled until the March 17th meeting. He asked whether at this time will they revisit his motion. Mayor Myers stated that yes they will revisit the motion. Mr. Telfair stated to Council Member Coleman that at that time they will have counsel present to help City Council understand that particular motion. Council Member Coleman asked whether he understands that counsel will determine whether his motion is in order. Mr. Telfair stated that he ethically can give them so much advice to what they can and cannot do. He stated that they have reached this point. He stated that at the last meeting his position was stated pretty clearly in what the Rules of Council have dictated or approved. He stated that when he received word that some City Council Members had independent counsel and there was no information of who it was this put him at some dispute. He stated that he cannot pick sides and more importantly he will not pick sides. He stated that counsel will determine whether the motion is proper. He stated that this probably airs when the attorneys come in. He stated that his office cannot advise City Council anymore as a body.  Minutes from the Petersburg City Council meeting held on: March 3, 2015 - 11 – ______________________________________________________________________________ Council Member Wilson-Smith stated that she has a question with procedure. She asked that if Council Member Coleman made a motion to delay the closing of the jail until further notice and it was seconded she does not see how there is a conflict. She stated a motion was simply made. She stated that it seems to her that this would be the motion to vote on and not a substitute motion. Mayor Myers stated that the substitute motion overrides the first motion. He stated that the vote will be for the substitute motion. The motion was approved on roll call. On roll call vote, voting yes: Hill, Moore, Parham, and Myers; Voting No: Coleman, Hart, and Wilson-Smith (substitute motion vote) Council Member Hill stated that he is a native of Petersburg and that he was born and raised here. He stated that he graduated from Petersburg High School and Virginia State University. He stated that he is currently attending Virginia Union for School of Theology. He stated that he knows that everyone did not vote for him for the special appointment but that he strongly solicits their vote in the upcoming special election. He stated that he will be having a Ward 2 Meeting on March 31, 2015. He stated that his door is always open and that there is a friend in him. He stated that he does know the citizens and that he is from here. He stated that he wanted to formerly introduce himself to everyone. He stated that he does not take this light in serving the citizens in Petersburg. He stated that he and his wife both have business in Petersburg. He stated that his children attending Petersburg Public Schools as well. He stated that he looks forward to Ward 2 attending his Ward Meeting at Good Shepherd Baptist Church on March 31st. Council Member Moore stated that he wanted to give great congratulations to Mr. Johnson and public works for all their great snow removal. He stated that he stepped down from the Crater Planning Commission Metropolitan Committee. He stated that in the two slots that he would like to nominate Mayor Myers to fulfill the remainder of his terms on the Crater Planning Commission and the Metropolitan Organization Committee. Council Member Moore made a motion to nominate Mayor W. Howard Myers to fulfill the remainder of his terms on the Crater Planning Commission and the Metropolitan Organization Committee. The motion was seconded by Council Member Hill. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Wilson-Smith, Parham, and Myers 15-R-17 A RESOLUTION APPOINTING MAYOR W. HOWARD MYERS TO FULFILL THE REMAINDER OF COUNCIL MEMBER BRIAN MOORE TERMS ON THE CRATER PLANNING COMMISSION AND THE METROPOLITAN ORGANIZATION COMMITTEE. Council Member Moore asked if Mr. Johnson and administration can come back with a presentation on Exit 52. Mr. Johnson stated that he would like some clarity on what specifically Council Member Moore is looking for. He stated that there are a lot of parts in regards to Exit 52 and what the City is trying to do. Council Member Moore stated that this would be in regards to activities and legislative actions from the previous general assembly. Mr. Johnson stated that on yesterday morning he had the privilege of meeting with Secretary Jones. He stated that Secretary Jones has indicated not only through his office but through Governor McAuliffe office that there is a high interest in the City of Petersburg especially at Exit 52. He stated that one of the things that were discussed was the coordinating of a site visit from HUD and several different offices located in the Commonwealth of Virginia. He stated that once this date has been set they will make sure that all members of City Council are aware. He stated that there are some activities administratively where there will be some funding available as it relates to Exit 52. Council Member Moore asked Mr. Johnson whether HUD was interested in multi-family or what is the purpose of the HUD visit.  Minutes from the Petersburg City Council meeting held on: March 3, 2015 - 12 – ______________________________________________________________________________ Mr. Johnson stated that the team that will be coming will be at the invitation of Secretary Jones. He stated that Secretary Jones believes that there is some opportunity to work with HUD. He stated that the discussion with HUD is not on multi-family units but on hotels, convenient stores, and beautification. He stated that he is going to take the lead from Secretary Jones on who he deems appropriate to lead and bring this to the table. Vice Mayor Parham stated that he would like Mr. Johnson to take a look at property on 1842 Powhatan Street as blighted property. He stated that they need to get on the homeowner that has this property to either fix it up or tear it down. He stated that he would like to also thank everyone in Ward 3 in coming out to his ward meeting. He stated that Mrs. Lavern Vines from the Petersburg Schools who is the Director of Career and Technical Education and also Mr. Hicks for speaking and clarifying a lot of the water issues. He stated that the people in Petersburg know about the censoring incident that they have had with one of the citizens in the City of Petersburg. Vice Mayor Parham made a motion to put the City Attorney, Brian Telfair, on administrative leave pending prior investigation. The motion was seconded by Council Member Wilson-Smith. Council Member Moore stated that this is a personnel decision and that nothing has been briefed. He asked are they going to be briefed on what the allegations are. He asked what they are basing this on to put him on administrative leave. He asked are they willing to go in closed session so that everyone can be informed on what the allegations are. CLOSED SESSION: Vice Mayor Parham made a motion to go into closed session for the discussion of administrative problems and personnel issues. The motion was seconded by Council Member Moore. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Coleman, Hart, Hill, Moore, Wilson-Smith, Parham, and Myers City Council entered closed session at 8:13 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, Hill, Moore, Wilson-Smith, Parham and Myers 15-R-18 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. 10. CITY MANAGER’S AGENDA: City Manager, William Johnson, stated that on Saturday, March 14, 2015, this will be First Annual St. Patrick’s Day Event from 11:00am – 4:00pm. He stated as they move forward as a City of 33,010 strong and that they always keep this as their goal. He stated that it is not about one individual or one department or one agency. He stated that it is about 33,010 citizens in making sure that they improve the quality of life for the citizens. He stated that he must say as he sat there this evening as a local government and a public servant  Minutes from the Petersburg City Council meeting held on: March 3, 2015 - 13 – ______________________________________________________________________________ that he is somewhat embarrassed this evening by some of the events that have taken place as they have continued to move this City forward. He stated that he thinks that they have some things going forward that they tend to loose site of sometimes. He stated that he hopes that as they move forward that they keep this goal in mind that it is to improve the quality of life for the citizens. 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 8:55 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor