City Council

Minutes from the Petersburg City Council meeting held on: February 21, 2017 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, February 21, 2017, at the Union Train Station. Mayor Parham called the meeting to order at 6:30p.m. 1. ROLL CALL: Present: Council Member Charles H. Cuthbert, Jr Council Member Darrin Hill Council Member Annette Smith-Lee Council Member Treska Wilson-Smith Council Member W. Howard Myers Vice Mayor John A. Hart, Sr. Mayor Samuel Parham Absent: None Present from City Administration: Interim City Manager Tom Tyrrell Interim Finance Director Nelsie Birch City Attorney Joseph E. Preston Clerk of Council Nykesha D. Jackson, CMC Mayor Parham stated that Petersburg 3rd Annual Festival was a huge success. He stated that this year partnership with the schools was a celebration of African American contribution through music, dance, art and food from community vendors to performers. He stated that Petersburg High School had about 2,500 guest for the five-hour event. He stated that it was a 43% increase since 2015. He stated that throughout the day people visited vendors to purchase handbags, jewelry and get information regarding different organizations in the City. He stated that the City could not have done this without the help of Fort Lee and Petersburg Public Schools and volunteers and sponsors within the community. He stated that he enjoyed the festival. He stated that he would like to thank Marnelle Fanfan for coordinating this event. 2. CLOSED SESSION: There were no closed session items. 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. PROCLAMATIONS/RECOGNITIONS: *No items for this portion of the agenda. 6. CONSENT AGENDA (to include minutes of previous meeting/s): a. Minutes: Regular City Council Meeting: Regular Council Meeting February 7, 2017 *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 -2– ______________________________________________________________________________ Vice Mayor Hart made a motion to accept the Consent Agenda as written. The motion was seconded by Council Member Hill. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith- Lee, Wilson-Smith, Myers, Hill, Hart and Parham 7. OFFICIAL PUBLIC HEARINGS: a. A public hearing under PPEA for acquisition and operation of City of Petersburg Water and Wastewater Utility Assets. BACKGROUND: Following the receipt of this initial unsolicited proposal, the City requested approval from City Council to form a negotiation team of City staff and consultants (financial, engineering, legal) and move forward with consideration of the proposed project in accordance with PPEA requirements. In minutes for the regular council meeting on December 13, 2016, council voted and approved for the City Manager to review and accept for public competition competing proposals for purchase of its water and sewer systems from a private entity under the Virginia "Public-Private Education Facilities and Infrastructure Act of 2002 (PPEA). The City’s PPEA Guidelines call for a two-step proposal process, with the first step being receipt of “conceptual proposals.” The City received two such proposals on February 7, 2017. The second step is the receipt of “detailed proposals.” Once City Council approves the attached resolution. Both proposals from Aqua Virginia, Inc. (the original proposer) and Virginia American Water Company indicate substantial experience in the ownership and operation of municipal water and sewer systems. The City considered many criteria during the evaluation of these proposals and the following was among the most important to the City: the price paid by a private entity, benefit to the public including ensuring a clear understanding and rationale for customer water and sewer rates, and the proposer for much needed water and sewer system capital investments. The approval of the attached resolution will allow City staff the continuation of the PPEA process. Adoption of the proposed Resolution does not commit the City to entering into an agreement regarding the water and sewer systems, but authorizes moving forward to a “detailed proposal” phase with these two companies, and makes findings required by the City’s PPEA Guidelines in order to proceed with a competitive negotiation process with these two companies. The negotiation process may lead to an agreement with one of these companies, which would have to come before City Council for review and approval before it would be effective. RECOMMENDATION: Recommend City Council approve the attached resolution which does not bind the City into an agreement but would allow the City to take the necessary steps to obtain more detailed proposals. Mr. Tyrrell presented a PowerPoint presentation on utility assets. Robert Bobb, President and CEO of The Robert Bobb Group, gave a summary update with a PowerPoint presentation. He also gave information on the PPEA Advisory Committee team. Ms. Jackson opened the floor for public comment. Raymond Crockett, 248 Southwood Drive, stated that if they are going to have a public hearing that *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 -3– ______________________________________________________________________________ they should have it at the high school so that everyone can attend. Michael Packer, 1245 Woodland Road, stated that he speaks in opposition to two of alternative actions stated on the PPEA timeline. He stated that City Council and the citizens does not know the amount that has been offered at this moment. He stated that if the City were to amend their timeline for both publications this would complicate the process even further. He stated that a vote to proceed with the negations would trigger a $100,000 expenditure relating to the comprehensive agreement. He stated that this would occur whether or not they accept the agreement. Lafayette Jefferson, 1746 Brandon Avenue, stated that there are times when they are placed in difficult decisions. He stated that there is an accountability on what they let happen to their neighbor. He stated that in this because it is the right decision for City Council to reject this privatization proposal. He stated that there was a retired teacher in North Carolina that had her water raised tremendously from AQUA in less than five years. He stated that there is a force of a bad deal between Robert Bobb and the City Council. He stated that the City is not selling the water and sewer assets they are giving it away for free. Linwood Christian, 410 Mistletoe Street, stated that he stands opposed to this action as well. He stated that it is a shame on council to limit the speech on this type of issue. He asked have they learned anything from when he took them to court. He stated that just like Mr. Crocker stated that the train station is not big enough for the March 1st meeting. He stated that the citizens do not have to talk about Petersburg because everyone else is already doing it. Ken Pritchett, 1113 Overbrook Road, stated that it has been some elegant people coming to the podium and that he agrees with everything that has been said. He stated that it is true that we have very low water rates and that we have an aging infrastructure. He stated that he does not think that taking the first thing down the road is the way to go. He stated that we pay $4.5 million a year in debt serviced and that he thinks that we need to put this money to furnish for improvements. He stated that the problem is that you find people down the road that want to buy our system. He stated that the citizens are still paying for it down the road. He stated that he agrees that the rates need to go up. He stated that he would ask City Council to table this tonight and bring more people to the table for consideration. He stated that two groups make him suspicious. He stated that the people are going to pay for this in the long run whether they sell it or keep it. Jeffrey Fleming, 1819 Chuckatuck Avenue, stated that he has never seen a private industry be interested in what the citizens want. He stated that they are going to come in the City and raise the raise and that City Council will not be there but that the citizens will still be present to pay. He stated that it is not hard to do research. He stated that everyone that has dealt with AQUA has had problems. He stated that if they vote this in then they are not working the citizens. Ron Flock, 1708 Pender Avenue, stated that he had a lot that he had planned on reading tonight. He stated that they are trying to stipend the people. He stated that the people have done their research and that they have done way more than what City Council has done. He stated that they need to be quiet and patient and listen to what the people are trying to tell City Council. He stated that they are endangering the lives of the elderly and the poor. He stated that this is almost 10,000 to 15,000 residents in the City. He stated that City Council need to start acting like they care. He stated that he did not hear an alternative plan. He stated they need to tell them how they can do it on their own before outsourcing. He stated that right now they are spending and giving away the citizens money. Michael Edwards, 409 Grove Avenue, stated that he is 100% against the acquisition of water and sewer system by a private entity. He stated that he has done many hours of research that he does not get paid for. He stated that this is nothing short of a disaster. He asked why the company that they have heard nothing about so interested in Petersburg. He asked how different will billing and services be if this is approved. He *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 -4– ______________________________________________________________________________ asked will he City have legal security in the event that this company does not deliver on their agreement. He asked will this be the start of another Johnson Control fiasco. He asked how will the charges be for this company. He stated that there have been increases with this company. He stated that this company is looking for profit and not good services. He stated that everyone feels the same way that he does. He stated that one slide shows the neglect of the Petersburg services. He stated that when Robert Bobb leaves the citizens are still here and that they are the ones that have to deal with this once it is over. He stated Mr. Bobb showed a slide of his team with legal counsel, Sands Anderson. He asked why is the City paying a City Attorney. Rhonda Donald, 533 High Street, stated that the wastewater and water system has been neglected for decades. She stated that routine maintenance and repairs have not been taking place. She asked where are the tough cuts of many of the non-essential programs. She stated that this bail out is not going to be free. She stated that others that have a contract with AQUA have seen their bills triple and the water quality drop. She stated that selling the City water is good for the company and The Robert Bobb Group. She stated that it does not help the citizens. She stated that she is opposed to selling the City’s water. Carolyn Rivera, 1111 Johnson Avenue, stated that she is on disability. She stated that with the water being raised and people being on a fixed-income hurts a lot of people. She stated that with people living in an apartment a lot of people will be losing their apartments. She stated that the rent will be going up every year and that this is what has been going on. She stated that she lives in an apartment and that her rent has been going up every year. She stated that the place is worse than what it was when she left years ago. She stated that she feels that this is a wrong decision. She stated that to give up on the water system is something that they should not do now. She stated that this is like giving up your child for adoption. She stated that this is just one thing and that they should put this action on hold. She stated that they are not moving forward and that they are moving backwards. Barb Rudolph, 1675 Mt. Vernon Street, stated that she thinks that they had some great discussion and that she wants to particularly thank Mr. Packer for his comments. She stated that when she looked at the agenda the vote was to approved $197,000 and not $100,000 on exploring this further. She stated that she has a lot of comments about the process and that she will as those questions offline. She stated that she appreciates that Mr. Packer picked up some of the same things that she did. She stated that she brought the organization chart to the meeting again to show that the voters are at the top. She stated that it is a timely reminder for each of them. She stated that on her regular job she served on a PPEA team for about a year. She stated that it was a pretty known case. She stated to City Council to think about the complaints that they were receiving regarding the water billing issues. She stated that celling this system to a private provider still leaves City Council and the City to be the point of contact for the contract. She stated that this is not going to be washing their hands of things when they sell off the water. Leonard Curry, 2014 Woodland Road, stated that he pulled up the annual and quarterly reports of these companies. He stated that the money that whatever they pay the City for the water system based on their filings the City would pay that money back plus additional profits to the company. He stated that these requests just came out of the blue. He stated that the City is eligible for Community Development Block Grants which can be used for infrastructure. He stated that the City does not have to rush through this and decide in March. He stated that they can wait a year or two. He stated that the water is still running. He stated that the City has enough problems to deal with to add a new one. He stated that he is asking City Council to reject this proposal that is on hand. Richard Stewart, 129 Rolfe Street, stated that tonight he came down and that he was hurt. He stated that the question is where was this crowd some years ago when the landfilled was sold. He stated that the landfill is $20 and the water is $7 on his bill. He stated that he spoke about the landfill back then and how it would be a burden. He asked do they realize the landfill was sold that week when it was and asked if they had a say so in it. He stated that the same thing can happen about the water. He stated that a contractor will come *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 -5– ______________________________________________________________________________ in and buy it and sell it to another contractor. He stated that City Council should listen to the audience and listen to Mr. Packer and listen to those people on what can happen. He stated that water is the lifeline of the City and the lifeline of a human being. He stated to City Council to let the landfill be an example to what can happen. Brandon Martin, 1547 Berkeley Avenue, stated that he has a unique prospective of the PPEA. He stated that it is a law that as a Purchasing Agent he had to deal with in the City. He stated that the state legislature adopted this act back in 2002. He stated that PPEA is complicated. He stated that it is understood at a minimal level. He stated to City Council to be very careful and to understand every word that is presented to them in the proposal. He stated that the track that they have set forth does not comply. He stated that there are a lot of people that are looking at City Council for leadership. Seeing no further hands, Ms. Jackson closed the public hearing. There was discussion among City Council Members and staff. Council Member Cuthbert made a motion that the City Council postpone the commencement of the negotiation phase for the development of comprehensive agreement relating to the sale of the water and sewer system with either of the proposing companies until such time that Council receives a full report from an Adhoc Committee appointed by the council and that the committee shall consist of seven members, one nominated by each Council member and appointed by action of council, with noted conditions. The motion was seconded by Council Member Hill. There was discussion on the motion. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Myers, Hill, Hart and Parham b. A public hearing for Disposition Real Estate Surplus Property BACKGROUND: The City is considering the disposition of publicly-owned property as addressed above. The City aims to get out of the Real Estate business and proposes to sale publicly-owned property will allow the City to collect additional real estate revenue, as well as promote and encourage revitalization in other areas of the City and development in the Interstate Industrial Park. RECOMMENDATION: Recommendation that City Council approve the potential disposition of publicly-owned property addressed as 3645 Halifax Road, 20 West Tabb Street, 29 S. Union Street, 41 S. Union Street, 703-705 E. Bank Street and 501 E. Washington Street. Michelle Peters, Director of Planning and Community Development, gave a brief PowerPoint presentation. Ms. Jackson opened the floor for public comments. Gloria Brown, 1557 South Sycamore Street, stated that with the selling of the City property that she agrees with Mrs. Peters. She stated that they have gone through this cycle once before and that this is how many of them have come to Petersburg. She stated that if they do decide to dispose and sell the property that they have something in place or a plan from the developer that will actually take place. She stated that this development needs to be a resource for the City as well. She stated that it can be done and that she has been watching Detroit. She stated that they want to move the City forward as far as economic development and real estate. She stated that she is 100% behind and that she wishes there were more properties. Willie Noise, 1508 Circle Drive, stated that there is a topic over the topic and that it is theft. He stated that he rides around and looks at all the abandoned buildings and check to see what windows have been broken and what doors have been pried open. He stated that this is the first way to deteriorate a house. He *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 -6– ______________________________________________________________________________ stated that this is how a person gets a perfect house for little of nothing. He stated that when the new meters were placed in the City he asked where were the old meters. He stated that he found out that one of the City employees sold the meters. He asked what were the price of the old meters. He asked how has the metal company been charged with receiving stolen goods. He stated that the City needs to tighten up on this and find out what has been ripped off in the City. He stated that he wishes that the City consider the theft that is going on. David Coleman, 1213 Hamilton Street, asked could the property on Union Street be talked about. Mrs. Peters stated that it is the property on the corner of Union and Wythe Street. She stated that it is across from the transit station on the corner. Mr. Coleman asked whether this is the property that the City had a contract on a few months. Mrs. Peters stated that it is. Mr. Coleman asked whether he was correct in saying that this contract fell through. Mr. Preston stated that the contract did not go through. The properties could not be sold because council did not have enough votes to sell the properties. Mr. Coleman asked whether the old Petersburg hospital is included in the surplus property. Mrs. Peters stated yes. Karen Graham, 402 High Street, stated that she is present not because she is opposed to selling these particular properties but that she is concerned that they consider the procedure in which the sale occurs. She stated that they are asked to authorize the interim city manager to sell. She stated that this has been the practice in the past. She stated that the problem is that when the city manager has transacted a sale they do not come back to city council for final approval. She stated that she thinks that they need to change the process so that this takes place. She stated that the citizens need to know what the sales are and the price and the plan of the properties that are being sold and a clause to be included. She stated that the City has given away so many properties in the past with no information on it. She stated that with historic buildings they need to do national ads for those particular properties. She stated that the Siege Museum front doors are open and that someone should come take a look at that and make sure that there is not a security issue. Barb Rudolph, 1675 Mt. Vernon Street, stated that she cannot say it any better than Mrs. Graham did on the procedure and process. She stated that it is interesting to see 29 and 41 South Union Street come up again. She stated that this was the subject of a public hearing and a lot of theater that happened last June and then July. She stated that these are more uneventful then that. She stated that reports need to come back and be made in an open meeting. She stated that they need information on how much they are sold for and who they are sold too. Brandon Martin, 1546 Berkeley Avenue, asked what is the City policy on dealing with real estate. He stated that he has worked with the City for a number of years. He stated that he has had people to come up to him when he was the Purchasing Agent and state that they heard that they can buy a piece of property for $1. He stated that the City needs to get a procedure in place and make it sane and functional and follow it. He stated that if they are going to sell it make sure that they get the right dollar value for it. Linwood Christian, 410 Mistletoe Street, stated that Mrs. Peters is one of the hardest working people in the City other than Mrs. Yerby. He stated that he has to ask City Council to not sell the properties. He stated *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 -7– ______________________________________________________________________________ that with exception of Council Member Wilson-Smith no one looks out for the hood. He stated that some of these properties border the 5th and 4th Ward. He stated that everything on either side of Sycamore Street looks bad. He stated that they are talking about prime real estate. He stated that he has been online more than those properties. He stated that the last time the City gave away some property someone flipped it and made a profit off it and didn’t do anything with it. He asked is this what the citizens are up against again. He stated that someone said to change the process. He stated that they need to make sure that anyone purchasing the property is not related to any member of council or City administration. He stated that the citizens have been messed over long enough. He stated that he does not want this to become a place like New Orleans. Lynda Yezzi, 1860 Berkeley Avenue, stated that she has a question for clarity. She stated that she heard that City Council voted on this before but did not get enough votes to sell this property. She asked how can they now turn around and try to get rid of this excess property. She stated that they should not do a run around Council to get rid of these properties. Mrs. Peters stated that 29 and 41 South Union Street came before council for a disposition and that because the property had been previously used for public property it required a code for a 3:4 vote and not a simple form of majority. She stated that the property received a majority and therefore they could not dispose of it. She stated that she added a slide for clarity. Ken Pritchett, 1113 Overbrook Road, asked if there were any offers already on these properties being talked about and is this the reason why they are up for sale tonight. He stated that there was a pending offer on 20 West Tabb by a company in Lynchburg over the last two years. He asked whether they were still in the mix. He stated that it has happened since he has come off council. Mr. Tyrrell stated that they are seeking a comment on whether or not council should surplus the property. He stated that if there are not offers on it now that there will be. He stated that this is the purpose of going through the exercise. Mr. Pritchett stated that the City has sold properties. He stated that the City Attorney has handled some of the agreements on those and that they have never came back to council for council approve. He stated that he agrees that anything sold by the City should come back to council for final approval. He stated that there definitely should be reversion clause because some have not done that. He asked is there a reserved amount that will be put on the property and be sold for no less than a certain amount or is it on the auction block for whatever the City gets. Mr. Tyrrell stated that he would rather not go into details. He stated that they are doing what is best for the City. Mr. Pritchett stated that a book was put out various years ago. He asked would the City be paying a real estate firm a commission since they have basically listed these properties. Mr. Tyrrell stated that if the City uses them under the agreement then they would have pay the commission. Mr. Tyrrell stated that he is not committed to a method of disposition. He stated it may be through a broker, auction or a RFP. He stated that they will look at all alternatives. Mr. Pritchett stated that usually listings expire. He asked why isn’t the site for the proposed new City Hall up for sale. He asked has anyone approached the German grocery store chain that is going to be building new grocery stores in the region. He stated that there already some that are doing construction in Richmond. He stated that the City is down a couple of grocery stores in Petersburg. Mr. Tyrrell stated that he understands that there are over 300 properties in the City. He stated that this *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 -8– ______________________________________________________________________________ evening they wanted to take only six that were marketable and put them through surplus designation and disposition process. He stated that this would allow them to pilot the new program. Mr. Pritchett stated that he understands that. He stated that he would like to see this down but that he would hate to see them given away like they have been done in the past. He stated that he is asking that council have them put a minimal price on the properties. He stated that if they look at what they have been done before in offers over years of $750,000 down to $100,000. He stated that is still sitting there and less attractive and falling down and less attractive. He stated that properties like that probably should go up for auction to somebody who can guarantee that they have funds to fix it and get it working. Richard Taylor, 1828 West Tuckahoe Street, stated that he hardly endorses several of the comments that were made earlier concerning this matter and the disposition of City property. He stated that this is something that he thinks that the City should do. He stated that they should let the public know the information on the contract and what the site or area is going to be used for. He stated that they have had properties in the City that have been used for things that were not benefiting the City. He stated that he thinks that if they consider this that he thinks that this will bring people out to the City. Mr. Tyrrell stated that the process for the surplus and disposition includes that the disposition will be only for the way that the properties are currently zoned. He stated that if it was a change with the utilization of the property then this would have to come back to City Council. Seeing no further hands, Ms. Jackson closed the public hearing. There was discussion among City Council and staff. Vice Mayor Hart made a motion that Council accepts the recommendation to approve the potential disposition of the publicly-owned properties addressed 3645 Halifax Road, 20 West Tabb Street, 29 S. Union Street, 41 S. Union Street, 703-705 E. Bank Street and 501 E. Washington Street. The motion was seconded by Council Member Myers. There was discussion on the motion among City Council and the City Attorney. Vice Mayor Hart made a motion to amend his motion to accept all except those that are on Tabb and Union, which are addressed as 3645 Halifax Road, 703-705 E. Bank Street and 501 E. Washington Street. The motion was seconded by Council Member Myers. There was discussion on the motion among City Council Members. Council Member Cuthbert made a substitute motion to authorize the City Manager to sell the properties located on Halifax Road, East Washington Street and East Bank Street provided that any proposed purchase offer be brought back to City Council for approval prior to sale following a public hearing. The motion was seconded by Council Member Wilson-Smith. There was discussion on the motion. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith and Hill; Voting No: Hart and Parham; Abstain: Myers 17-ORD-12 AN ORDINANCE AUTHORIZING THE INTERIM CITY MANAGER TO DISPOSE OF PUBLICLY-OWNED PROPERTIES LOCATED AT 3645 HALIFAX ROAD, 501 E. WASHINGTON STREET AND 703-705 EAST BANK STREET PROVIDED THAT ANY PROPOSED PURCHASE OFFER BE BROUGHT BACK TO CITY COUNCIL FOR APPROVAL PRIOR TO SALE FOLLOWING PUBLIC HEARING. *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 -9– ______________________________________________________________________________ Vice Mayor Hart made a motion that City Council directs the City Manager to dispose of properties on 20 West Tabb Street, 29 South Union Street and 41 South Union Street under the conditions that were stated within the proposal. The motion was seconded by Council Member Hill. There was discussion on the motion. The motion was not approved on roll call. On roll call vote, voting yes: Smith-Lee, Myers, Hill, Hart and Parham; Voting No: Cuthbert and Wilson-Smith 8. PUBLIC INFORMATION PERIOD: A public information period, limited in time to 30 minutes, shall be part of an Order of Business at each regular council meeting. Each speaker shall be a resident or business owner of the City and shall be limited to three minutes. No speaker will be permitted to speak on any item scheduled for consideration on the regular docket of the meeting at which the speaker is to speak. The order of speakers, limited by the 30-minute time period, shall be determined as follows: a) First, in chronological order of the notice, persons who have notified the Clerk no later than 12:00noon of the day of the meeting, b) Second, in chronological order of their sign up, persons who have signed a sigh-up sheet placed by the Clerk in the rear of the meeting room prior to the meeting. Ms. Jackson stated that she has 17 speakers. Vice Mayor Hart made a motion that City Council have the time period moved to two minutes per speaker. The motion was seconded by Council Member Hill. There was discussion on the motion. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Myers, Hill, Hart, and Parham. Richard Stewart, 129 Rolfe Street, stated that he wanted to come back and speak on Pocahontas. He stated that the trucks that go to the plant is not violating the curfew but they are coming around 5:30am and having the engines running. He stated that his community is worried about the blight property at Roper Brother’s. He asked can anything be done about the truck coming in the morning early. Brandon Martin, 1546 Berkeley Avenue, stated that he would like to personally thank public works. He stated that in spite of funding and personnel staffing concerns they are promptly responding to calls regarding potholes and problems with water and sewer concerns. He stated that he would like the record to state what is going on at the meeting. He stated that there was discussion on antiques that the City have that was presented by the Bobb Group. He stated that one line in the minutes that were adopted earlier about a presentation made does not serve anyone. He stated that this is neither council, administration nor the citizens. He stated that this is just like last year when David Hughes made a presentation a year ago that was a watershed of events. He stated that thirdly Garden Week is right around the corner. He stated that visitors come from far and wide to see attractions showcased in Garden Week. He asked what is to be done about 111 South Markey Street. He stated that May 6th and 7th they will welcome J-Class No. 611 Train coming to town on round trips from Lynchburg. Linwood Christian, 410 Mistletoe Street, stated that he would like to say to Mayor Parham that he saw his video and read the statement on how he wants the City to heal. He stated that they heard the same thing from the current President and that they see what is happening in the country today. He stated that as a member of the community he wants City Council to understand that they all are going to be accountable more so than ever. He stated that so far that some of the promises that they have made they have only switched out one mess for another. He stated that they are tired. He stated to the Bobb Group that he hopes that they understand the frustration of the citizens because they are tired of being jerked around. He stated that they are tired of being lied to. He asked when are they going to get a permanent City Manager. He stated that they deserve better than what they are getting. He stated that 2018 is next year. He stated that it’s not the people that are talking about the City. He thanked Council Member Cuthbert on transparency and Council Member *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 - 10 – ______________________________________________________________________________ Wilson-Smith for doing what she says she will do. Dolores Smith, 410 Mistletoe Street, declined to speak. Ron Flock, 1708 Pender Avenue, stated that he is at a lost. He stated that there were some positive things that came out of the meeting today. He stated that whether everyone agrees with it or not it was positive. He stated that they need to think of that. He stated that the citizens come up and bash City Council for things that are idiotic. He stated that they all spend hours researching issues. He stated that they expect them to be at least knowledgeable then they are. He stated that they all have lives and jobs and find time to do research. He stated that they see an example tonight where Robert’s Rules were not known and that they had to go back and forth. He stated that he spent weeks learning the City Charter when he did not know it. He stated that I t took time and patience and that it is not light reading. He stated that it is work the knowledge. He stated that they expect them to conduct themselves the way the citizens put them there. He stated that they expect a certain level of professionalism. Olivia Everett, 1851 Berkeley Avenue, stated that the citizens have continued to come out and voice their opinion and concerns for the City. She stated that many have given great advice to no avail. She stated that City Council does not respond on any of the citizens’ concerns or questions after citizens input. She stated that many have tried but that City Council continues to do things their way. She stated that their way is not working. She stated that the problems of the City are too big for City Council. She stated that she invites God. Willie Noise, 1508 Circle Drive, stated that he has nine short statements on his list. He stated that one thing he wants to say is that he has heard more speaking at the meeting tonight on the lord. He stated that he wishes that they keep it up. He thanked Council Member Hill for mentioning it a couple of meetings ago. He stated that there is too much conflict with parents and children and parents and parents and kids and kids. He stated that there needs to be reports on mental kids in the public schools. He stated that there needs to be automatic parks. He stated that there needs to be new paint on old streets and roads. He stated that there are a lot of roads where the paint has deteriorated away. He stated that this is the best time for street maintenance. He stated that the police need to get the same ticket on a pile of trash just the same as a speeding ticket. He stated that there needs to be police on school playgrounds when they are busy with a distance of 50 yards. He stated playing games with the human lives is the military. He stated that the story that your loved one would have to tell if you didn’t make it home. He stated that there needs to be more positive people in this body. Carolina Rivera, 1111 Johnson Avenue, stated that she is a survivor of racketeering and sex trafficking of Petersburg, Virginia and North Carolina and Kentucky. She stated that this is where the money is. She stated that she just learned that all three are connected. She stated that she has been in the system for no reason for over 35 years. She stated that here youngest child is 19 whom was kidnapped and that she got him back. She stated that this is not the first time that it happened. She stated that she has two husband who are vets. She stated that she thinks that there needs to be an investigation on the system. She stated that the racketeering happened to her entire family. Jeffrey Fleming, 1819 Chuckatuck Avenue, stated that he does not normally play the blame game. He stated that he wants to salute the officers that are still present at the meeting tonight. He stated that they are officers that stayed in the Petersburg. He stated that right now they are working at 60% below what they need to operate. He stated that there is a reason why he is present. He asked how would one of City Council like to get a call from their spouse saying that a man has been shot and he is in the front yard. He stated that this happened on Friday at his home. He stated that on Monday again his wife gets off work late and goes in the house and hear gun shots. He stated that this is recurring. He stated that it is not the police officers fault. He stated that they don’t have the equipment or manpower to do it. He stated that he blames City Council. He stated that City Council voted for a 10% cut that called for a mass exiting of officers. He asked that Council *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 - 11 – ______________________________________________________________________________ Members how would they like to get that call. He stated that he challenges and charges them to get the public safety back up to standard that the City needs. He stated that it is not even summer time yet. He stated that normally Lee Park and Four Star are hot beds. He stated that City Council needs to do something about it or they will. He stated that in his community they are family friendly and that they do not want this there. He asked City Council to please help them. Barb Rudolph, 1675 Mt. Vernon Street, stated her comments are brief and routine after the other speakers. She stated that this is just a reminder of what they talked about last time. She stated that they are to remember that when their resolutions and ordinances are considered they are to call on the public for comments. She stated that they were doing it but not at all in the work session last week. She stated that she appreciates what Council Member Cuthbert stated about transparency as well as the Bobb Group. She stated that they hope to see improvements in action and not just talking about it. Talibah Majeed, 1847 Brandon Avenue, stated that she bothered by a vote that was taken. She stated that the vote as about whether or not the City should pay for legal expenses for two council members. She stated that the two council members participated in the vote. She stated that most of them that were sitting in the audience were bothered by that and people expressed. She stated that later she heard that the City Attorney stated that it was legal. She stated that sometimes things that are legal doesn’t mean that they are right. She stated that if they were so sure that they were correct then she does not know why they didn’t let the rest of council vote and support them as opposed to voting for yourself. She stated that it gave a very negative impression. She stated that the citizens are waiting for City Council to live up to their expectations. She stated that they are not doing it and that it bothers them. She stated that it’s not that they are out to get them. She stated that she thinks that some people may think that this is what is reflected in the petitions. She stated that they come and express their concerns and that they are not getting the results that they should. She stated that she is done and personally tired. She stated that they need City Council to do something about the things that are going on in the City. She stated that it is City Council’s job to solve the problem. She stated that she is asking them to come up with a new plan to do their job to be successful for the citizens. 9. BUSINESS OR REPORTS FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: Council Member Wilson-Smith stated that she would like to thank everyone for being present. She stated that citizen input is very much appreciated. She stated that she would like to reiterate what the Mayor stated at the beginning of the meeting. She thanked Marnelle Fanfan, Margo Hardy, and Sheila Trice-Myers for working together on the Black History Event. She stated that the event was a success. She stated that put flyers on the back table for her March events. She stated that she will have a ward meeting on March 23rd at Blandford School. She stated that they will be discussing police issues, neighborhood watch, crime prevention and setting a date for clean-up in the community. She stated that she is starting something new and that it is called “Your Voice is my Voice.” She stated that on every Monday just before a council meeting she will meet with citizens in the library to go over the council’s packets and get there input on things. She stated that the Anti-Poverty Commission is going well. She stated that they will meet on the 9th at the library. She stated that they are in a learning phase to address the issues of poverty. She stated that last year she developed a program called Citizens Academy 101.” She stated that the purpose of this was to bring information to the citizens from City officials. She stated that the program will run from March to July, every 4th Sunday of the month at the train station. She stated that the speaker will be Commonwealth Attorney Cassandra Conover and hopefully members from the police department. She stated that she has given two resolutions to council several times. She stated that one is on CCRA and the other is Citizens Auditing Committee. She stated that a resolution had to be created so that they can advertise for volunteers. She stated that the should have it in front of them. Council Member Wilson-Smith made a motion to accept the resolution that have been given to them regarding the CCRA and Citizens Auditing Committee. The motion was seconded by Vice Mayor Hart. There *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 - 12 – ______________________________________________________________________________ was discussion on the motion. The motion was not approved on roll call. On roll call vote, voting yes: Wilson- Smith, Hill and Hart; Voting No: Cuthbert, Myers and Parham; Abstain: Smith-Lee Council Member Wilson-Smith asked what is the next step since they voted on having these boards. She asked who will write the resolution and how do they move forward on something they voted to do. Mayor Parham stated that they are in process of creating standing committees and that these boards are included with it. Council Member Wilson-Smith asked that the committees would be under the standing committees but who would write the resolutions. Vice Mayor Hart stated that he would write the resolutions. Council Member Cuthbert stated that he thinks that it is a blank slate with the Adhoc committee that they approved earlier and that they can write on it anyway if they care to. He stated that he would like to make a suggestion. He asked if each of the council members submits to Ms. Jackson the nominee before March 1st and then City Council would be in a position to make a decision at the first regular meeting in March. He stated that on January 10th he asked for some information from the treasurer and that he made copies for everyone. He stated that he is going to meet with Mr. Brown on Thursday evening. He stated that he met with Mrs. Hairston, Commissioner of Revenue, regarding the cigarette taxes. He stated that it was a very productive meeting. He stated that any information that he asked for she had it available. He stated that there are no field audits in the City of Petersburg. He stated that the taxpayers are working on the honor system. He stated that he went to the Black History Event on Saturday and felt it very welcoming. He stated that he spoke to the Governor McEachin while he was there and he asked him about the dredging. He stated that it wasn’t until he was on his way home when he found out what he was really asking. He stated that it was if Petersburg had any shovel ready projects that can be founded by a Trump Administration. He asked the City Manager if he can think about identifying projects that have needs that are shovel ready. He stated that he would like for him to report back to them at the first meeting in March. He stated that he has four to ask the City Manager to consider. He stated that they are the dredging, Siege Museum, water & sewer system and Jarratt House. Mr. Tyrrell stated that he can report back at the 1st meeting in March. Council Member Cuthbert stated that the last thing was on revenue streams. He stated that they talked about a work session. He stated that Mr. Tyrrell stated that they would talk about this when they did the FY17- FY18 Budget. He stated that he would like to accelerate it. He asked Mr. Tyrrell is this something that they can do in March to look at the revenue streams. Mr. Tyrrell stated that this is on the City Manager’s presentation when they talk about revenue streams. Council Member Smith-Lee stated that she would like them to know that she had the opportunity to sit for 15 minutes to talk to the governor of Virginia. She stated that she expressed to him how grateful and the support that he has given the City. She stated that she has visited several businesses in Ward 6. She stated that she wants them to know the importance of healthcare She stated that the one is the Bon Secours Health Facility in the City of Petersburg. She stated that there was a health fair at First Baptist Church. She stated that they need to get the word out and have people go by there. She stated that she attended the Petersburg Redevelopment and Housing Authority rental assistance demonstration on February 16th at Pin Oaks and February 17th at Pecan Acres. Council Member Hill stated that he would like to thank all of the citizens and employees that stayed back for the long meeting. He stated that the Rules of Council state that they should be done by 11pm and that *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 - 13 – ______________________________________________________________________________ he does not know how they will get through the rest of the agenda. He stated that during their workshop some issues were discussed. Council Member Hill made a motion to accept the residency policy with approved changes from work session. There was discussion on the motion. The motion was seconded by Council Member Myers. Council Member Cuthbert stated that he wants it to be on recorded that he is opposed to the changes that came from the conclusion of the work session. The motion was approved on roll call. On roll call vote, voting yes: Smith-Lee, Wilson-Smith, Myers, Hill, Hart and Parham; Voting No: Cuthbert Vice Mayor Hart stated that Ward 7 will be having a ward meeting on February 28th at J.E.B. Stuart School beginning at 6:30pm. He stated that the school board chair will be present with representation from the schools to talk about what is currently going on in the school system and how they can move forward. He stated that at the last council meeting no one from Ward 7 spoke out and that he currently he has no responses for Ward 7. Mayor Parham stated that Ward 3 will be having a joint meeting on March 13th at 6pm at Petersburg High School. He stated that the speaker will be announced later for the school board chair guest speaker. He stated that he will have the police chief speaking on his end regarding the recent gun shots. Mayor Parham made a motion to appoint Heather Marston to the PPEA Advisory Committee. The motion was seconded by Council Member Hill. There was discussion. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Wilson-Smith, Myers, Hill, Hart and Parham; Voting No: Smith-Lee 17-R-8 A RESOLUTION APPOINTING HEATHER MARSTON TO THE PPEA ADVISORY COMMITTEE. 10. ITEMS REMOVED FROM CONSENT AGENDA: *No items for this portion of the agenda. 11. UNFINISHED BUSINESS: *No items for this portion of the agenda. 12. NEW BUSINESS: *No items for this portion of the agenda. 13. COMMUNICATIONS/SPECIAL REPORTS: *No items for this portion of the agenda. 14. REPORTS/RESPONSES TO PREVIOUS PUBLIC INFORMATION PERIOD: Kevin Brown, City Treasurer, stated that he brings with him Attorney Reid Broughton from Sands Anderson law firm. He stated that he is going to give a report on how they do real estate collections for City of Petersburg. *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 - 14 – ______________________________________________________________________________ Mr. Broughton stated that they usually get a list from Mr. Brown and that they have been collecting on delinquent properties for at least a year. He stated that once they get the list they prepare it in their database and send a special notice. He stated that he gives them 30 days then they them in the Progress-Index with the tax number and property address and property owner. He stated that at that point they wait another 30 days after that. He stated that this is a statutorily dictated process. He stated that after the 60 process has passed they order title examination on the property and that this allows them to know who owners are the interested parties are who the lien holders are. He stated that they send notice to those parties and then they file suit in the circuit court. He stated that the have all the parties served and if not served they send out all served publications. He stated that if nobody files a response then they schedule a hearing for the circuit court for sale. He stated that they advertise the sale and that the sale is usually at the train station. He stated that the auctioneer holds the sale and post the properties and takes pictures of the sale of the properties. He stated that it is pictures on the auctioneer website and that here is also pictures on Sands Anderson website. He stated that they sale it to the highest bidder but that they have to get confirmation from the court. He stated that they have been doing this for about five years. He stated that they usually have two or three sales a year. He stated that as of February 15, 2017, they have collected $2,699,000. Council Member Cuthbert asked Mr. Broughton what is the dollar amount of parcels that are in inventory. Mr. Broughton stated that he does not have that figure. Council Member Cuthbert stated that if not that then the dollar amount of taxes that is owed. Mr. Broughton stated that he does not have that either. He stated that it varies from day to day. He stated that every day that goes by they file new suits and collect money. He stated that the total that they have is difficult to give off hand. He stated that right now they have about 100 cases. Council Member Cuthbert stated that he is having a hard time reconciling the information that he is getting from different documents at different times. He stated that when Mr. Brown reported to Council on January 10th there were some big numbers around $5 million dollars. Mr. Broughton stated that they only do real estate taxes and that there are other firms that does real estate taxes. He stated that he does not think that they have $5 million in taxes that they are working on but there may be other parties that are working on it. Council Member Cuthbert stated that the numbers are not adding up and that he does not know why. He stated that he will ask when he meets with Mr. Brown on Thursday night. Mr. Brown thanked Mr. Broughton for his presentation. He stated that Propel Financial Services finances the delinquent taxes for the customers. He stated that they have collected $189,998.76. He stated that TACS collects both real estate and personal property taxes. He stated that TACS collected $1,270,503. He stated that TACS and Propel collected $1,460,501 for FY17. He stated that the City Treasurer is thankful for all the collection agency. He stated that they were hoping to get the tax files on Monday, January 23rd but they didn’t receive it until Friday, January 27th. He stated that after they received the bills they needed IT and Bright Software to get the file in a good format so that they could send the bills out to the customers. He stated that the customers deserve to get the bills in January even though his office is responsible for printing the bills and takin them to the post office. He stated that his office apologizes for not getting the bills out sooner. He stated that even though they got them out late they still fell within the code. He stated that they bills have to be mailed out 14days prior to the due date. He stated that anytime that a person buys a vehicle after they have completed the personal property book then there is a supplemental done by the Commissioner of Revenue office. He stated that they have a lot of customers that have come in regarding the two bills. He stated that *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 - 15 – ______________________________________________________________________________ they will continue to try and fix the personal property bill problem. He stated that they will continue to work with the Commissioner of Revenue with getting the bills out faster. 15. CITY MANAGER’S AGENDA: a. City Manager’s Report I. Financial Reports and Transparency Website II. Budget Calendar Update III. Executive Search and Forensic Audit Pro Ms. Jackson stated that there are responses online and copies on the back table with regard to questions from council and citizens. Mr. Tyrrell stated that the vehicle auction is on March 1st - 8th, at Motley’s online. He stated that there are a total of 70 vehicles. He stated that they will have a new policy for real estate at the next meeting. He stated that it does address a lot of concerns that they had tonight. He stated that they will get this information in front of them so that administration will understand and know what is going on. Ms. Birch stated that they need a lot of time with City Council on the work session and that they are proposing two weeks from today to start going over the financial reports. She stated that they have in their inbox the financial reports that will go through. She stated that there are some changes that will happen with the cash flow information. She stated that they will propose that the work session meeting start earlier than the normal meeting. She stated that the City partnered with OpenGov in the past and ever used the website. She stated that they have been working with this site now. She stated that she wants everyone to know where to find the information. She stated that it is on the City’s website and that they can see the information on the budget. She stated that much of the reports will be on the OpenGov site as well. Ms. Birch went over information regarding payments and balances of the VRS payments. Ms. Birch stated that if they can get the work session in two weeks she would ask the treasurer and commissioner of revenue to attend to talk about maximizing revenues at the meeting. She stated that she recommends that they stay true to the calendar of work sessions. She stated that they would have once on March 7th and then come back on March 27th with the FY18 budget. Council Member Cuthbert stated that he sent an email to Ms. Jackson stating that the meetings on the 27th and 29th be rescheduled. He stated that he has a jury trial that begins on March 27th. He stated that he saw that a couple of the members responded. Ms. Birch stated that they will change date and that she will leave that to Ms. Jackson to work with council on a new. Ms. Jackson stated that she sent out the email and only two council members responded but that she will resend an email regarding a new date. Ms. Birch stated to make sure that the dates are in the schedule and that if they have to come in on a Saturday then they can. Ms. Jackson stated that in reference to the dates that council meet that it is in the Rules of Council that it states that every meeting of City Council has to be in the train station. She stated that weekends may be impossible because they are booked from now until July. She stated that if they have it during the weekend then they have to change the rules in order to have it at another facility. *Audio available  Minutes from the Petersburg City Council meeting held on: February 21, 2017 - 16 – ______________________________________________________________________________ Council Member Cuthbert stated that he does not think that the rules need be changed but that council can vote to change the place. Ms. Jackson stated that she will correct her comment and stated that the place would need to be changed by vote of council. Mr. Bobb stated that some council members were able to meet with Mr. Baenziger with regards to search for City Manager. He stated that they received six proposals regarding forensic audits. He stated that once they narrow it down they will be able to pinpoint a firm. He stated that the City will be having a real estate audit soon. He went through a PowerPoint presentation regarding the audit and real estate. 16. BUSINESS OR REPORTS FROM THE CITY CLERK: Ms. Jackson stated that she provided council members with a final copy of the amendments to the Rules of Council. 17. BUSINESS OR REPORTS FROM THE CITY ATTORNEY: *No items for the City Attorney’s portion of the agenda. 18. ADJOURNMENT: City Council adjourned at 11:13 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor *Audio available