City Council

Minutes from the Petersburg City Council meeting held on: June 16, 2015 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, June 16, 2015, at the Union Train Station. Mayor Myers called the closed session to order at 5:30p.m. 1. CLOSED SESSION MEETING – 5:30 P.M. 2. ROLL CALL: Present: Council Member David R. Coleman Council Member John A. Hart Council Member Darrin L. Hill Council Member Brian A. Moore Council Member Wilson-Smith Vice Mayor Samuel Parham 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 under Subsection 7 to consult with legal counsel and obtain a staff briefing where a briefing in an open meeting could potentially and adversely affect the negotiating posture of the City. Council Member Coleman moved that the City Council go into closed session for the purposes noted by the City Attorney. The motion was seconded by Council Member Hill. 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 5:34 p.m. CERTIFICATION: Council Member Hart made a motion to return City Council into open session and certify the purposes of the closed session. The motion was seconded by Council Member Coleman. 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-37 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: June 16, 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 Treska Wilson-Smith Council Member Samuel Parham Mayor W. Howard Myers Absent: None Present from City Administration: City Manager William E. Johnson, III City Attorney Brian K. Telfair Clerk of Council Nykesha D. Jackson, CMC 3. MOMENT OF SILENCE: a. Clerk of Council, Nykesha D. Jackson, led council and the audience in a moment of silence . 4. PLEDGE OF ALLEGIANCE: a. Clerk of Council, Nykesha D. Jackson, led council and the audience in the Pledge of Allegiance. 5. PRESENTATION/PROCLAMATIONS/RECOGNITIONS: (Each presentation will be limited to 10 minutes.) a. Presentation on the Wells Fargo Home Mortgage 203K Rehabilitation Loan Program. BACKGROUND: This session is part 2 of the “Send Blight out of Sight” seminar held by the Code Compliance Office earlier this year. Wells Fargo Home Mortgage Division offers rehabilitation loan programs that can assist our citizen in making the necessary home repairs. In addition, this is an opportunity for persons who have compliance concerns to remedy them through obtaining a rehabilitation loan and to hear about other loan options that may assist them in complying with the regulations. There will be a community session held on June 24, 2015, in the multipurpose room of the Petersburg Public Library. RECOMMENDATION: N/A Ellen Ailsworth, representative from Wells Fargo, gave a brief presentation on the Wells Fargo Home Mortgage 203K Rehabilitation Loan Program. There was discussion among City Council and Ms. Ailsworth. b. Presentation of Resolution on Anthem HealthKeepers regarding the important of Commonwealth Coordinated Care to the Community. BACKGROUND: N/A  Minutes from the Petersburg City Council meeting held on: June 16, 2015 -3– ______________________________________________________________________________ RECOMMENDATION: Agenda inclusion to educate members of the City Council. Lisa Speller-Davis, RN, Manager, Community Outreach and Marketing, Anthem HealthKeepers Medicaid Medicare Plan, gave a brief presentation on Anthem HealthKeepers. There was discussion among City Council and Ms. Speller-Davis. c. Proclamation designating June 21, 2015 as “Juneteenth Day”. BACKGROUND: Juneteenth is the oldest known celebration commemorating the ending of slavery in the United States. It declared all slaves to be freed in the Confederate States of America in rebellion and not in Union hands (this excluded Tennessee, Virginia and lower Louisiana, which were occupied by the Union). It also announced that the Union would start recruiting former slaves and free blacks to serve in the military and recruitment began in the spring of 1863. Slaves often escaped to Union lines for protection and many began to serve in the military. RECOMMENDATION: Recommend Mayor Myers read and present proclamation. Mayor Myers read the proclamation out loud. Michelle Peters, Director of Planning and Community Development, stated that on behalf of the Juneteenth Festival Committee she would like to thank City Council for the proclamation. She stated that she would like to invite the public to share in the event that is scheduled for Sunday to celebrate the freedom, fathers, faith, family and friends. She stated that it will take place from 2:00p.m. to 6:00p.m. on Pocahontas Island. She stated that there will be a lot of activities that everyone can benefit from including the young at heart and the infants. She stated that she encourage the public and City Council that if they have time in their schedule to join them for this great celebration. She stated that she accepts the proclamation on behalf on the committee. d. Recognition of Five Students in the Omega Psi Phi Fraternity, The Male Protégé Program. Nykesha D. Jackson, Clerk of City Council read the recognition letter that was given to the five young men in The Male Protégé Program. Samuel Andrews stated that on behalf of the brothers of the Omega Psi Phi Fraternity and the young men of The Male Protégé Program he accepts the letters of recognition. Elisha Morris, Delta Omega Chapter of Omega Psi Phi Fraternity, stated that he would like to thank everyone for recognizing their program for what it’s worth to the Petersburg community. He stated that he would like to bring a few of his brother’s up to take a photo as well. 6. CONSENT AGENDA: a. Minutes of the Council meetings held on June 2, 2015. b. Request to hold a public hearing for the issuance of Revenue Bonds for Storm Water Utility Capital Projects. Council Member Moore made a motion to accept the Consent Agenda and schedule the public hearing request for July 7, 2015. 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 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  Minutes from the Petersburg City Council meeting held on: June 16, 2015 -4– ______________________________________________________________________________ from the public will be accepted. Each speaker will be limited to three (3) minutes.) a. A public hearing on proposed revisions to the City’s Right-of-Way Permit Policy and Fee Schedule. BACKGROUND: Public Works has updated the proposed Right-of-Way Permit Policy and Fee Schedule after monitoring work in right of way under our existing policy for the past 3 years. The need for the revisions is to update and improve our policy communications and revenue to cover our operation cost to perform critical permit inspections within the City’s Right-of-Way. RECOMMENDATION: Recommend Council approve the proposed revisions to City’s Right- of-Way permit policy and fee schedule. Carmen Tirado, Permit Right-of-Way Administrator, gave a brief summary of the proposed revisions to the City’s Right-of-Way Permit Policy and Fee Schedule. Ms. Jackson opened the floor for public comment. Seeing no hands, Ms. Jackson closed the public hearing. Council Member Hart made a motion to approve the proposed revisions to City’s Right-of-Way permit policy and fee schedule. The motion was seconded by Council Member Coleman. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Wilson-Smith, Moore, Parham and Myers 15-ORD-51 AN ORDINANCE APPROVING THE PROPOSED REVISIONS TO THE CITY’S RIGHT- OF-WAY PERMIT POLICY AND FEE SCHEDULE. b. A public hearing on the petition of Alwyn A. Vaughan for a Special Use Permit to operate a car washing and detailing operation at 2199 County Drive. BACKGROUND: The property is vacant and was previously occupied as a beauty salon and barber shop on one side and an automotive repair business on the other side. The zoning is appropriate for this type of business with Planning Commission and City Council’s approval. Planning Commission met on June 3, 2015, and recommends approval of the request. Mr. Vaughn currently operates this type of business in Dinwiddie County and has operated it for the past seven (7) years. He employs 12 employees; 10 full-time and 2 part-time at that location. He is proposing to have 8 employees at the Petersburg location, 6 full-time and 2 part-time. The set-up will be one wash bay and one wax bay, there will be hand washing of cars outside of the bays. The business will operate 7 days a week with the hours of 7:30 a.m. – 6:00 p.m., Monday – Saturday and 8:00 a.m. -5:00 p.m. on Sundays, during warm months. Mr. Vaughan will continue to have staff during the fall and winter months, but the hours of operation are adjusted according to the demand. RECOMMENDATION: Following a duly advertised public hearing, Council may affirm the Planning Commission recommendation, overturn the Planning Commission recommendation, table for further consideration, or return the item under consideration to the Planning Commission requesting further review. The recommendation of the Planning Commission was to approve the rezoning request with a vote of 9-0. Michelle Peters, Director of Planning and Community Development, gave a briefing on the petition of Alwyn A. Vaughan for a Special Use Permit to operate a car washing and detailing operation at 2199 County Drive. Ms. Jackson opened the floor for public comment.  Minutes from the Petersburg City Council meeting held on: June 16, 2015 -5– ______________________________________________________________________________ Seeing no hands, Ms. Jackson closed the public hearing. Council Member Hill made a motion to approve the petition of Alwyn A. Vaughan for a Special Use Permit to operate a car washing and detailing operation at 2199 County Drive, with conditions. 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, Wilson-Smith, Moore, Parham and Myers 15-ORD-52 AN ORDINANCE TO APPROVE THE PETITION OF ALWYN A. VAUGHAN FOR A SPECIAL USE PERMIT TO OPERATE A CAR WASHING AND DETAILING OPERATION AT 2199 COUNTY DRIVE, WITH CONDITIONS. 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. Willie Noise, 1508 Circle Drive, stated that he would like to thank you the City Manager and City Council on agreeing on the road maintenance. He stated that he has been riding around and have seen most of all the places that have been repaired. He stated that it has seemed like it has spread over the City equally. He stated that he would like to congratulate them and thank them on the job well done. He stated that the second thing is on the Farmer Street Pool. He stated that as a City they have the tendency of being late on opening up the pool. He stated that he has rode through their today and that there is no water in the pool. He stated that he looked at the area and that it looks like it is not prepared to be open. He stated that he would like them to be aware of it and make sure that things are in line to have somewhere for the children. Delores Smith, 410 Mistletoe Street, stated that she would like to say good evening to all the City Council Members and all of the people that are out today. She stated to the Council Members that everyone present supposed to be working together and working with the citizens of Petersburg. She stated to City Council that this is not just their City and that this is the City of citizens. She stated to City Council that there are some things that they make a decision on that the citizens do not know anything about it until it’s over. She stated that she thinks that this is wrong. She stated that everyone is supposed to be working together. She stated that everyone is supposed to come together to work this thing out. She stated that she has been coming to the City Council meetings for over 50 years. She stated that some of these things she has never seen anything like it. She stated that when a concern is brought to City Council that this concern should be brought back with an answer at the next City Council meeting if not bring back when there is an answer for the citizens. She stated that everyone needs to work together. She stated that if there need to be a joint meeting with the citizens and City Council then let’s do this. She asked Mayor Myers when will there be a ward meeting and that if he is not going to do then can he appoint someone to do. Linwood Christian, 410 Mistletoe Street, stated that he has to give the gas company kudos. He stated that they did a great job putting down new gas lines in the Harding Street and Mistletoe Street area. He stated that believe it or not they sent out a notification letting them know that the streets are going to be closed and what they are going to be doing. He stated that although they are going to be there at 6:00a.m., in the morning it is still the thought that counts. He stated that he would like to give the police chief his accolades. He stated that he may be one that points out and bring out a problem but he always works to solve it. He stated that he would like to thank the chief and the police department because they have taken an effort to work with the Harding Street Association to bring attention to the shootings. He stated to the City Council Members that many of them have talked about doing many things improper and  Minutes from the Petersburg City Council meeting held on: June 16, 2015 -6– ______________________________________________________________________________ in order and in times the City Manager has made sure that he has corrected them as citizens when they may have said something that is not necessarily true. He stated that there are things that they have discussed and that the City Manager has gave him clarity and that he appreciates that. He stated that he has to say in response to the Mayor that when he made the statement of when he said something about the clerk presiding at City Council Meetings. He stated that the City Charter does call for the Mayor to preside at City Council Meetings. He stated that he has done his research and that no other City Council allows their clerk to preside at City Council Meetings. He stated that he is not arguing about because she does fantastic job. He stated that the thing is that she is not the elected official. He stated that if she was he is quiet sure that she would show a few of you up because she does her job and that she does it well. He stated that while City Council is telling them as the citizens what to do and what not to do and the proper way to do things he would ask that they follow by their own advice. Vernel Gannaway, 652 Old Wagner Road, stated that he would like to thank Vice Mayor Parham and Council Member Hill on their meeting. He stated that he was not able to make it because of medical reasons but he knows that it came out outstanding. He stated that they need more like that in the area to get the people equipped to this. He stated that on Frontage Road he sees where there has been some tar from Normandy to Rives Road. He stated that it has been out of commission for a long time and that he does not know what the agreement was with Mr. Ross on the home buildings of when it is supposed to be completed. He stated that it is still just patch work. He stated that they compensated him half his money to repair his car. He stated that the state did this and that he found out that it was not the City. He stated that he sees City trucks present and see them picking up paper. He stated that he would like to know if it is the City or not. He stated that they need to continue to check and see if this is the City’s property. He stated that in 1991 it was supposed to be turned over to the Department of Transportation. He stated that on Rives Road about a month ago there was an accident and that it could have been deadly. He stated that the person came out and that there was something behind the person’s truck and that the young lady couldn’t help but to hit it when she came off. He stated that they have been talking about this before and that he does not know who property this is again. He stated that he thinks that Rives Road is a death trap during this time of year when there are leaves there. He stated that people are not looking to their left with the hill going down. He stated that he does not want to be the one to see what is going to happen on that particular exit. He stated that right at the light on Rives Road and Crater Road that was brought up before. He stated that he sees Petersburg Police and Prince George Police making U-turns and that he makes U-turns as well because the light is going south instead of the turn light going first. He stated that traffic is backing up from Rives Road coming to Crater Road. He stated that when the light changes it only last about two seconds and then you have to stop again. Janet Rousch, 17 Jarratt Court, stated that she went up to City Hall Annex concerning her water bill. She stated that she went ahead and made the payment. She stated that she went out there last Tuesday and the lady stated that she went out there and checked it. She stated that they stated that they would be back on Thursday. She stated that the problem is that you cannot have a previous bill of $91.25 and then the next one go up to $122.24. She stated that this is a $30.99 increase. She stated that there is either something wrong with the water meter or meter reader. She stated that she that she asked the lady who she needed to see to get this corrected and she stated the Mayor. She stated that she is present to speak to the Mayor. She stated that she is asking to please get this corrected and that she cannot afford this type of money. She stated that she knows that she does not waste water and that there is really no excuse for this. 9. BUSINESS OR REPORTS FOR/FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of agenda request to accept modification request to reallocate federal asset forfeiture funds to Petersburg Police Department. BACKGROUND: The South Central Crisis Intervention Team was granted $289,860 of federal asset forfeiture funds to increase the number of trained CIT first responders, purchase equipment, and cover the costs of security personnel for the Crisis Assessment Center. As a result of District 19 agreeing to cover the costs of security personnel, the Office for Asset Forfeiture/ Equitable Sharing has approved a  Minutes from the Petersburg City Council meeting held on: June 16, 2015 -7– ______________________________________________________________________________ modification request to reallocate funds in support of the program. RECOMMENDATION: That Council approves the reallocation of funds. Vice Mayor Parham made a motion to approve the modification to reallocate federal asset forfeiture funds to Petersburg Police Department. The motion was seconded by Council Member Hart. The motion was approved on roll call. On roll call vote, voting yes: Coleman, Hart, Hill, Parham and Myers; Voting No: Moore, Wilson-Smith 15-ORD-53 AN ORDINANCE APPROVING THE MODIFICATION TO REALLOCATE FEDERAL ASSET FORFEITURE FUNDS TO PETERSBURG POLICE DEPARTMENT. Council Member Wilson-Smith stated that she would like to ask if they can get a report on the traffic on Sycamore Street since they have removed the lights. She stated that the light in particular where the Globe Department Store is because if you are coming out to Sycamore Street you cannot see past the cars that are parked at the Cuthbert Apartments. She stated that this makes it dangerous. She stated that also further up the light at Franklin Street in front of Another Level. She stated that there was an accident that was on the street where a car was turned upside down. She stated that she would like to look at the traffic pattern since both lights have been removed. Council Member Hart stated that he would like to say congratulations to Mr. Christian and Ms. Smith for Ian’s graduation. He stated that he knows that it has been a hard road and that he has been there with them but that he would like to congratulate them on it and tell him to come see him. He stated that there have been a couple of big issues with the jail and the other being the water billing. He stated that the water billing for right now needs something to be done with it. He stated that he is not sure of what is going on but that they are getting excessive amounts of bills. He stated that there are large numbers of bills and now they are getting credits. He stated that they are not sure of what is going on and whether they have to get the company to come in and retrain them. He stated that they have to look into this water bill situation. He stated that he is one of the math guys and that when they look at what they say they are increasing and what they are doing it is not adding up. He stated they need to look deep into what is going on with the water bills and how the charges are coming back and what are the discerptions. He stated that they are having issues on whether it is the gallons or the cubic. He stated that whenever they look at the bill there is always a problem. He stated that he would like to make a motion that they look into the water bill situation. Council Member Hart made a motion to look into the water bill situation. 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 Council Member Hill stated that he would like to thank the members of the Berkeley Manor Association. He stated that they met on Sunday and that they had a really good meeting. He stated that he would like to publicly thank them for inviting him. He stated that he would like the City Manager to get with Mr. Hicks and see about the light on Rives Road. He stated that he has been up there a few times but that he always turns left going on Rives Road but not coming off. He stated that the next meeting he will be announcing his town hall meeting with times and places. Council Member Moore stated that he would like to thank Mr. Johnson and the public works staff. He stated that he received a lot of calls from constituents on pothole repairs and sidewalk work. He stated that a lot of people are disabled in the area where they put the sidewalks with the leaning curbs to get across the street. He stated that it was very appreciative and that he thanks Mr. Johnson and public works. Vice Mayor Parham stated that he would like to thank the City of Petersburg for welcoming the 611 Train that came into the City. He stated that the City had a great turn out and everyone had an excellent time. He stated that he would like to let some of the City Council Members that was not in attendance know that Brenco made barrens for this train and that it was not just a stop for pleasure but a service stop.  Minutes from the Petersburg City Council meeting held on: June 16, 2015 -8– ______________________________________________________________________________ He stated that they came and picked up barrens that were made right in the City of Petersburg. He stated that he would like to also congratulate the graduates of Petersburg High School. He stated that on Monday, June 29th, the representative on the school, Kenneth Pritchett and himself will be holding a job fair at Petersburg High School from 4:00pm to 7:00pm in the cafeteria. He stated that they have Integrity Staffing Solutions coming as well as the City of Petersburg, Goodwill, Chesterfield County Police, Riverside Regional Jail, Central State Hospital, Pathways, Virginia Credit Union, Petersburg City Public Schools, Bryant & Stratton College, Food Lion Distribution, Care Advantage, Fort Lee Federal Credit Union, Sam’s Club and John Tyler Community College looking to hire citizens. He stated that this is an excellent event. 10. CITY MANAGER’S AGENDA: a. City Manager’s report No report. M. Johnson stated that he would like to echo Vice Mayor Parham for Mr. Little and Ms. Martha Burton with Crater Planning District Commission for an event well planned from this past weekend. He stated that he knows that Saturday it was relatively warm outside. He stated that the people that he spoke with were relatively please with what the City had presented and hopefully that they come back. He stated that also the restaurant owners that are not accustomed to being open on Sunday were open this Sunday. He stated that it was an excellent opportunity for the business owners in the City of Petersburg. He stated that he would like to wish all of the fathers and men that stand in for fathers and also the ladies and young ladies that stand in for fathers a wonderful Father’s Day weekend on this coming Sunday. He stated that hopefully they can take a little time out of their Father’s Day celebration and come out to the Juneteenth Celebration. He stated that they will also be installing an historic marker for Pocahontas Island. 11. CLERK OF CITY COUNCIL'S AGENDA: Ms. Jackson stated that she would like to wish all the father’s a Happy Father’s Day as well as the single moms like herself a Happy Father’s Day as well. 12. CITY ATTORNEY’S AGENDA: No items for this portion of the agenda. 13. CLOSED SESSION (IF NECESSARY): No closed is necessary. 14. ADJOURNMENT: City Council adjourned at 7:26 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor