City Council

Minutes from the Petersburg City Council meeting held on: March 7, 2017 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, March 7, 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 Annette Smith-Lee Council Member Treska Wilson-Smith Vice Mayor John A. Hart, Sr. Mayor Samuel Parham Absent: Council Member W. Howard Myers Council Member Darrin Hill 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 2. CLOSED SESSION: City Attorney Joseph Preston stated that City Council will now move to go into closed session for two purposes pursuant to Section 2.2-3711.A (29) of the Code of Virginia, 1950 as amended. He stated that council will be in closed session to discuss the extension or renewal of the City of Petersburg contract with the Robert Bobb Group and that to do so in public would adversely affect the bargaining position or the negotiation strategy of the City of Petersburg. He stated that City Council also moves to go into closed session for the seconded purpose pursuant to Section 2.2-3711.A (3) of the Code of Virginia, 1950 as amended. He stated that council will be in closed session to discuss the disposition of three publicly-held real properties: the old Petersburg Hotel located at 20 West Tabb Street; the Appomattox River Wastewater Authority and Petersburg Excess Water Capacity where to do so in public would adversely affect the bargaining position of negotiation strategy of the City of Petersburg. Vice Mayor Hart moved that the City Council go into closed session for the purposes noted by the City Attorney. The motion was seconded by Council Member Smith-Lee. There was discussion on the motion. Council Member Wilson-Smith asked if the closed session could be moved to another section of the agenda because there are some citizens and children that they are doing some special proclamations for who need to leave afterwards. Mr. Preston stated that he will temporarily withdraw the motion pending the presentation of those events. Vice Mayor Hart made a motion to remove his motion of the floor for the reasons stated. The motion was seconded by Council Member Smith-Lee. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith Hart and Parham; Absent: Myers and Hill 3. MOMENT OF SILENCE: a. Clerk of Council, Nykesha D. Jackson, led council and the audience in a moment of silence. *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 -2– ______________________________________________________________________________ 4. PLEDGE OF ALLEGIANCE: a. Clerk of Council, Nykesha D. Jackson, led council and the audience in the pledge of allegiance. 5. PROCLAMATIONS/RECOGNITIONS: Mayor Parham stated that he would like to start the meeting off with a positive Petersburg story. He stated, “Petersburg is becoming a little Hollywood from a TV perspective. He stated that ‘Turn’ a serious on AMC begin filming in January is filming now and will wrap up around May 1st of this year. Nearly half of the episodes and series has been filmed here in Petersburg. There were ten episodes filmed this season and so far, both season of ‘Mercy Street’ have been filmed here in Petersburg and we are waiting on a decision for filming of the 3rd season. We are waiting on the decision of the 3rd season being made but the producers left the furniture in Centre Hill mansion which is a good sign. More location filming will occur.” a. Proclamation proclaiming Girl Scout Week BACKGROUND: More than 2.7 million Girl Scout members nationwide will be celebrating 105 years of this American tradition, with nearly 50 million women who grew up participating in Girl Scouting and exemplify the impact of this amazing movement. RECOMMENDATION: Recommend present the attached proclamation to the Girl Scouts. Mayor Parham read and presented the proclamation to the girl scouts and their leader. Council Member Wilson-Smith stated that has been a girl scout since 1958. A representative for the girl scouts thanked the Mayor for the proclamation and stated that they had girl scouts’ cookies for all City Council Members and Mr. Bobb. She stated that they will be all over Petersburg on Saturday selling their cookies. b. Proclamation proclaiming DeMolay Week BACKGROUND: DeMolay was founded by Frank S. Land in March 1919 in Kansas City, Missouri, was instituted in Virginia in March 1922, and has produced tens of thousands of outstanding Virginia citizens including former Governor Charles S. Robb, former Attorney General J. Marshall Coleman United States Secretary of the Treasury Henry H. Fowler and Astronaut Guy Spence Gardner. RECOMMENDATION: Recommend Council present the attached proclamation. Mayor Parham read and presented the proclamation to members of the DeMolay Group. A young man from the DeMolay Group stated that they thank everyone for allowing them to attend the Council Meeting today. He stated that he apologizes that they do not bare gifts. He stated that he would have planned something if he knew beforehand. He stated that all they have is there gratitude and that they thank City Council for having them. c. Recognition from Vice Mayor John Hart Vice Mayor Hart stated that normally at his ward meetings he would announce his citizen for the month award for Ward 7. He stated that this evening he has someone that is not quite in Ward 7 for this month. He *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 -3– ______________________________________________________________________________ stated that this gentleman has done a lot of work for Ward 7. He stated that he wants to call to the podium for the City Council Citizen’s Award Mr. William R. Walton. He stated that the award is for being an outstanding citizen in Petersburg and making a difference. He stated that Mr. Walton has displayed a great wealth of help in Petersburg and he has helped with the school system, dances at Peabody and several things throughout the community. City Attorney Joseph Preston stated that City Council will now move to go into closed session for two purposes pursuant to Section 2.2-3711.A (29) of the Code of Virginia, 1950 as amended. He stated that council will be in closed session to discuss the extension and/or renewal of the City of Petersburg contract with the Robert Bobb Group and that to do so in public would adversely affect the bargaining position or the negotiation strategy of the City of Petersburg. He stated that City Council also moves to go into closed session for the seconded purpose pursuant to Section 2.2-3711.A (3) of the Code of Virginia, 1950 as amended. He stated that council will be in closed session to discuss the disposition of three publicly-held real properties: the old Petersburg Hotel located at 20 West Tabb Street; the Appomattox River Wastewater Authority and Petersburg Excess Water Capacity where to do so in public would adversely affect the bargaining position of negotiation strategy of the City of Petersburg. Vice Mayor Hart moved that the City Council go into closed session for the purposes noted by the City Attorney. The motion was seconded by Council Member Smith-Lee. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Hart and Parham; Absent: Myers and Hill City Council entered closed session at 6:48 p.m. CERTIFICATION: Mr. Preston stated that City Council now moves to come out of closed session and certify that only public business matters lawfully exempted from an open meeting requirement pursuant to the Virginia Freedom of Information Act and only such business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the closed meeting. Council Member Wilson-Smith 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 Hart. There was discussion on the motion, which was approved on roll call vote. Council Member Cuthbert stated that he would like the record to reflect that he removed himself from closed session during the discussion of the Petersburg Hotel. On roll call vote, voting yes: Smith-Lee, Wilson-Smith, Hart and Parham; Abstain: Cuthbert; Absent: Myers and Hill 17-R-9 A RESOLUTION CERTIFYING, AS REQUIRED BY THE CODE OF VIRGINIA, SECTION 2.2- 3712, THAT TO THE BEST OF EACH MEMBER’S KNOWLEDGE, ONLY PUBLIC BUSINESS MATTERS LAWFULLY EXEMPTED FROM OPEN MEETING REQUIREMENTS OF VIRGINIA LAW WERE DISCUSSED IN THE CLOSED SESSION, AND ONLY SUCH PUBLIC BUSINESS MATTERS AS WERE IDENTIFIED IN THE MOTION CONVENING THE CLOSED SESSION WERE HEARD, DISCUSSED, OR CONSIDERED. 6. CONSENT AGENDA (to include minutes of previous meeting/s): *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 -4– ______________________________________________________________________________ a. Minutes: Special Council Meeting February 16, 2017; Regular Council Meeting, February 21, 2017. b. Request a public hearing on the disposition of publicly-owned property addressed as 20 West Tabb Street. c. Request a public hearing on an ordinance implementing a 13.4% rate increase for water and wastewater. Mr. Tyrrell stated that on April 21, 2015, City Council approved a five-year plan for rate increases. He stated that the reason that the plan was required is that it is a covenant of a bond issuance for $5 million for utilities. He stated that the FY16 increase for 14.1% was implemented on March 2016. He stated that the 13.4% that they are asking for a public hearing on should have been implemented on July 1st. He stated that it was not and that they need to implement it in compliance with the bond covenant. He stated that in the FY18, FY19 and FY20 plans which are 3.2%, 4.9% and 5.0%, respectively. He stated that they will see this information again in their utility update. He stated that they will see it again tomorrow at the high school at 6:00pm. He stated that the requirement for them now is that the City is in breach of the bond covenant. He stated that it is potential for VRA to call which would cost the City $7 million in a payment that would have to be made immediately. He stated that this is just the implementation of the FY17 component of a water rate plan that was approved April 2015. He stated that there has been a letter that has been sent by VRA that City Council has seen. He stated that they have responded to the letter and that it put the City on notice. He stated that they sent a letter back stating that they will bring this before council and seek their approval for a public hearing and eventually a vote for implementation at the next City Council meeting. He stated that the other issue is that they did a self-report of a sanitary sewer overflow a few weeks ago to the DEQ. He stated that they must deploy ligation strategy to the DEQ to litigate the SSO that they reported. He stated that the City needs access to the $5 million-dollar bond. He stated that it is very important that they do everything that they stated that they are going to do. He stated that things have become critical and that now they must access this $5 million-dollar bond. He stated that he just wanted to provide some context to why they were asking for the public hearing and where the number came from. There was discussion among City Council Members. Council Member Cuthbert made a motion to amend the February 16, 2017, minutes to add his definition of principal residence, “‘principal residence’ means the residence where a person lives at least 80% of the time, such person owning such principal residence through a deed or other conveyance granting the person an ownership interest in such residency.” There was discussion on the motion. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Hart and Parham; Absent: Myers and Hill Vice Mayor Hart made a motion to accept the Consent Agenda as stated. The motion was seconded by Council Member Smith-Lee. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Hart and Parham; Absent: Myers and Hill 7. OFFICIAL PUBLIC HEARINGS: There were no public hearings for this portion for agenda. 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: *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 -5– ______________________________________________________________________________ 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 11 speakers. She stated that if all City Council Members concur she would like to give them three minutes each. Richard Stewart, 129 Rolfe Street, stated that the is present tonight to thank some organizations and people that made his day. He stated that the Lieutenant Governor came to Pocahontas. He stated that Senator Dance, The Progress-Index and the City of Petersburg Administration came and made his day. He stated that the Lieutenant Governor sent him a letter thanking him for the occasion at Pocahontas. He stated that in the letter it spoke on unity and moving forward in the future with it. He stated that the Progress-Index had a picture about the civil war era. He stated that this is what got the Lieutenant Governor attention about the boycotts in Petersburg. He stated that he was a part of the civil rights struggle in Petersburg and the governor was astonished about it and that he was still living. He stated that the other thing he came forth for was about the trucks. He stated that he spoke with the City Manager and that the trucks in Pocahontas. He stated that they are still making noises and coming their early. He stated that the trucks are not violating curfew. He stated that the trucks sit in front of 737 Logan Street. He stated that he talked to Mr. Tyrrell and that he stated that he will look at it. He stated that he wants to thank everyone that came over to Pocahontas and made his day. Ernest Shaw, 6 Gloucester Circle, stated that he would like to thank the Mayor and City Council for giving him this time to speak on his concern about the library. He stated that the library is one of the finest in the state and an excellent director, Wayne Crocker, and beautiful staff. He stated that on March 1, 2017, he saw some disturbing factors. He stated that the police had to pay the library a visit twice within 30 minutes. He stated that they responded quickly. He stated that his concern is that the library opened in 2014 and that the library had security at that time. He stated that since then there is no longer security and that the hours have been cut. He asked why security is no longer available. He stated that he understands the financial situation but that the library is a place for the youth and citizens. Pastor Gary McReynolds, 18 East Fillmore Street, stated he is a 25-year resident of Petersburg. He stated that for the past seven years Genesis has been hosting the City’s Easter egg hunt. He stated that this happened about seven years ago when the recreation department was going through budget cuts. He stated that they met with them in planning the summer agenda for kids. He stated that they took over the Easter egg hunt. He stated that they do not promote it and that it’s a community event. He stated that everyone comes together to put this event on. He stated that his frustration is that every year they have an issue from the City on trying to waive the park fee. He stated that this is an event that they are putting on for the City. He stated that he would like to ask a commitment from City Council to cut them a break and be a participant in the event. Arthur Capuano, 1931 Matoax Avenue, stated that he is still concerned on where the money went that started the problem that the City is having. He stated that last month near the end of the meeting it was admitted that there were double payments of invoices. He stated that this meant that the City paid people twice instead of paying them once. He stated that this is not a problem but just a mistake. He stated that the money should have gone to any business as a credit to the City’s account that they can draw down on later. He stated that if the money is not there why does the company not keep it as a credit. He asked what happened to the money and whether it just disappeared. He stated that should the FBI or the secret service might be people that can help the City with the forensic audit to find out. He stated that also if the money is in their hands and considered a gratuity or some other way that they took a fee and absorbed the money did they pay taxes on this money. He asked did it show up on their books. He stated that he thinks that the Virginia Department of Taxation and the IRS would help the City with this forensic audit. He asked is the money still hidden on these people books and if so they can return it to the City with interest. *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 -6– ______________________________________________________________________________ Ron Flock, 1708 Pender Avenue, asked whether City Council was having a meeting tomorrow by themselves. He stated that it has been no public announcement and that it has not been on the website. He stated that nobody has sent a text about. He stated that he thinks that City Council will be there by themselves. He stated that this is just a question. He stated at the last meeting he asked members of the Robert Bobb Group to consider calculating what kind of increase in the water bill would it take and come up with an alternate plan for the water and sewer. He stated that so far this year every time he comes in the train station there is a piece of paper with answers on it. He stated that there are no answers to any questions on the back table tonight. He stated that he is working on his own numbers and that he will submit them. He stated that he is not the one getting paid to do it. He stated to Mr. Tyrrell that he does not allow his employees to use their phone on the job and that he would appreciate the respect that he does not use it while he is talking. Michael Edwards, 409 Grove Avenue, stated that he has a concern about one of the City’s properties, the former Petersburg library. He stated that many people have come before council and asked council what the status of the building is. He asked what is the status of the building. He stated that every time he goes by there are lights on in the building. He stated that it seems to him that in reading that if they no longer utilize it as a library it is supposed to revert to the McKenney Family. He stated that if this is the case can some verify it and bring back some documentation. He apologized to Council Member Cuthbert for emailing him on this. He stated that now it is on record. He stated that the buildings in the City are precious and need to be taken care of and that those who have utilized the buildings need to be held responsible for the damage that is done to the building. He stated that he sent out an email of some pictures that he took of some of the damage that has been done to Centre Hill. He stated that he was glad that the situation has been addressed. He stated that he would like to know the status of the library. He stated that he would like to know information pertaining to the meeting for tomorrow as well. He stated that he did not receive any alert on the meeting. He stated that he gets them to his phone and email and that it is not on the website as well. Talibah Majeed, 1847 Brandon Avenue, stated that her first issue is one that bothered her repeatedly. She stated that she got to the meeting at 6:15pm and that there were people that were present before she got there for a 6:30pm meeting. She stated that they went into closed and that the meeting started about an hour and a half later. She stated that she understands the need to have a closed session and that she doesn’t want to know anything that they discussed but that she would appreciate a little more consideration. She stated that she must go to work tomorrow and that she is certain that there are other people that have to go to work as well. She stated that people have obligations. She stated that she doesn’t understand why City Council cannot have a meeting at some time other than the citizens time. She stated that to her it is inconsiderate. She stated that she knows that they have processes and procedures. She stated that to her it is disrespectful. She stated that there were more people present but they left. She stated that the other thing that she is concerned about is what happens to money. She stated that there is not an update on all the money that they paid for utilities bills that caused the Bobb Group to be with the City in the first place. She stated that they still don’t know where the money is. She stated that on the news it says that the bills have been paid on time but that the payments have not been processed. She stated that she is not understanding the way of subcontracting. She stated that they have money to subcontract a City Manager but no money to go to Randstad and give people to help process payments. Raymond Crockett, 248 Southwood Drive, stated that he was shocked when he read in the paper that the City was going to sell all City property but that there was not a time in the paper. He stated that he was down at the train station last Tuesday and read the article in the paper and there was no time. He asked was there any reason why there was no time on when the event was to take place. He stated that certain people want to be in attendance when the event takes place. He stated that last month they asked City Council to come up with a figure if the City keeps their own system and operate. He stated that it would be a lot cheaper on the citizens and the City. He stated that even if they must raise taxes by 1%. He stated that the City needs to keep their own water system. He asked what is the City doing to find they on City Manager. He stated that *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 -7– ______________________________________________________________________________ when Mr. Bobb leaves the City is this going to cost the City $5 or $6 million dollars. He asked whether the Mr. Bobb Group lives in the City of Petersburg or are they living outside but working for the City. He stated that the City has hotels, lofts and places where the group can stay. He stated that if they are concerned about the City and are taking the tax dollars to someplace else. Barb Rudolph, 1675 Mt. Vernon Street, stated that Mr. Flock and Mr. Edwards already mentioned this information. She stated that it slipped by Mr. Tyrrell about a public meeting tomorrow night at Petersburg High School. She stated that like other citizens she receives the alerts from the City. She stated that she follows things closely. She stated that a couple of hours before the meeting she looked at the calendar that City Council keeps which is supposed to have all the meetings on it. She stated that she saw that Mayor Parham, Council Member Smith-Lee and the Anti-Poverty Committee are all having a meeting on Thursday night. She stated that this spreads people around. She stated that even with all the concerns and talks with the ACLU and others on open government things are still being done in such a way. She stated that on this meeting tomorrow night several of them asked a council member about it and that they did not know anything about it as well. She stated that she is in shock of this. She stated that she wanted to come and talk about how they create a committee and that they are done in different ways. She stated that there are activities going on to amend and restate the Rules of Council. She stated that this is a topic that did not appear to be in the 19-page document and that this needs to be laid out into it. She stated that it is not handled consistently. Vernel Gannaway, 652 Old Wagner Road, stated that he heard the word transparency and that he also heard different things said by the council members. He stated that he was analyzing everything. He stated that they have the Robert Bobb Group here. He stated that he believes that things are being done. He stated that he looked at the piece of paper and that it was not done for the citizens it was done for City Council. He stated he sees that people want to come up now and be a part of organizations and the City. He stated that half of the people cannot run their own households. He stated that it is frightening to him to be looking at things on TV and the City. He stated that he is an optimistic person. He stated that he believes that the City can be great but that they need to have true leadership. He stated that they are losing the trust of people in the City. He stated that he is looking at a lot of them now and that he wishes that the Robert Bobb Group could have come earlier to bring presentations. He stated that people have to go to work and that he stayed at the last meeting until 10:30pm. He stated that he stayed as long as he could. He stated that he doesn’t want the hidden motions to come out. He stated that they do not need private motions to come from personal agendas. He stated that the election is coming up and that even his council member will not get another vote if he had to say anything about it. Gloria Brown, 1557 South Sycamore Street, stated that she has three things that she wants to head on and maybe a fourth. She stated that for them to be presenting a warm and welcome entering into the City she would like to ask if they can relocate the traffic officer on Exit 52. She stated that it is intimidating that people are getting off Exit 52 and they see a police car sitting there. She stated that she feels that if they have a traffic officer to have them further down Washington Street. She stated that they want to start changing the City’s image of welcoming people. She stated that as the Mayor stated Petersburg is a little Hollywood. She stated that she is excited about this every time she sees a movie setting. She asked is there an income stream for this and how much. She asked what is the City getting back. She stated that with all the activities, do they have a dedicated department to report and market Petersburg being a little Hollywood. She stated that Petersburg is rare and a treasured resource. She stated that as she is echoing the people present people want to be involved. She asked can they be mindful that when people want to conduct meetings that they make sure that they are efficient and on point. She stated that most of them have had a very long day. She stated that running a monthly meeting for four or five hours is totally unacceptable. She asked can they be more efficient with running the meetings. 9. BUSINESS OR REPORTS FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 -8– ______________________________________________________________________________ a. Consideration of Amendments to the Rules of Council. BACKGROUND: City Council adopted the Rules of Council on January 3, 2017. There have been some updates recommended throughout the rules as well as establishing standing committees. RECOMMENDATION: Recommend Council amend the Rules of Council as detailed in the attached draft resolution. There was discussion among City Council and staff. Vice Mayor Hart made a motion to move “Item O to Item G.” The motion was seconded by Council Member Smith-Lee. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Hart and Parham; Absent: Myers and Hill Vice Mayor Hart made a motion to accept the recommendation on the Rules of Council as detailed in the documentation. Motion dies due to lack of second b. Reappointment to Virginia Gateway Region. BACKGROUND: Virginia’s Gateway Region is a private, nonprofit, and organization that is funded 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. RECOMMENDATION: Recommend Council reappoint Winston T. Sanders to the Board. Vice Mayor Hart made a motion to accept the recommendation to reappoint Winston T. Sanders to the Virginia Gateway Region. The motion was seconded by Council Member Smith-Lee. There was discussion on the motion. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson- Smith, Hart and Parham; Absent: Myers and Hill 17-R-10 A RESOLUTION REAPPOINTING WINSTON T. SANDERS TO THE VIRGINIA GATEWAY REGION FOR A TERM ENDING FEBRUARY 28, 2018. Ms. Jackson stated that she has two additional items. She stated that she has information on the PPEA Committee. She stated that she made copies for everyone including the audience. She stated that there was discussion on this board but that City Council never voted for the resolution of creating the board. Council Member Cuthbert made a motion that City Council postpone that creation of the PPEA Advisory Committee unless and until City Council decides to begin the negotiation phase of the PPEA process for selling Petersburg’s water and sewer assets thereby leaving the Adhoc Water and Sewer Committee as the only committee addressing whether to sell Petersburg’s water and sewer assets. The motion was seconded by Council Member Wilson-Smith. There was discussion on the motion. The motion was approved on roll call. On *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 -9– ______________________________________________________________________________ roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Hart and Parham; Absent: Myers and Hill Ms. Jackson stated that the next item addition is the Adhoc Water and Sewer Committee. She stated that at the last council meeting City Council approved the framework as stated in Cuthbert’s motion. She stated that his motion did not state to approve the forming of the Adhoc Committee. She stated that she made copies for the public and City Council. She stated that it is a resolution to form an Adhoc Committee. Council Member Cuthbert made a motion to approve the resolution to form the Adhoc Water and Sewer Committee. The motion was approved by Vice Mayor Hart. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Hart and Parham; Absent: Myers and Hill 17-R-11 A RESOLUTION CREATING THE ADHOC WATER AND SEWER COMMITTEE. Mayor Parham stated that they have applications for the Adhoc Water and Sewer Committee. There was discussion among City Council Members. Vice Mayor Hart made a motion to appoint Samuel Rhue, T. Robertson Blount, Michael Packer, Guthrie Smith, Sylvia Wright, Annie Mickens and Bossie Bonner to the Adhoc Water and Sewer Committee. The motion was seconded by Council Member Smith-Lee. There was discussion on the motion. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Hart and Parham; Absent: Myers and Hill 17-R-12 A RESOLUTION APPOINTING SAMUEL RHUE, T. ROBERTSON BLOUNT, JR, MICHAEL PACKER, GUTHRIE SMITH, SYLVIA WRIGHT, ANNIE MICKENS AND BOSSIE BONNER TO THE ADHOC WATER AND SEWER COMMITTEE. Council Member Wilson-Smith stated that what they just went through was tough. She stated that it shows that this Council needs a lot more structure, rules and regulations to help them govern. She stated that it is impossible for them to govern when they are not governing per rules and regulations. She stated that what they went through shows that they do not have it. She stated that they seriously need it. She stated that she would like to remind everyone about the flyers on the back table about meetings that she is having throughout the month of March. She stated that the Anti-Poverty Commission meeting is every month on the second Thursday. She stated that this will not change except for the month of August. She stated that she will have her ward meeting on March 23rd and on March 26th she will go back into her Citizens Academy 101. She stated that Cassandra Conover, Commonwealth Attorney, will be the guest speaker. She stated that the event will be at the train station at 3pm. She asked the Mayor and Vice Mayor if they are attending the school board liaison meetings. Mayor Parham stated yes. He stated that he went to one last week. Council Member Wilson-Smith asked Mayor Parham if he will be bringing back a report to council. Mayor Parham stated that they can provide copies for council. Council Member Wilson-Smith asked Mr. Tyrrell if he has met with the individuals from the Freedom Support Center and if so will he be able to provide an update. Mr. Tyrrell stated that he has met with them. He stated that they are on track and that they are 95% of the way that they thought that they would be. He stated that this is to off load the expense of the facility. He stated that this would be through someone taking the lease or through a sublease. He stated that the same *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 - 10 – ______________________________________________________________________________ deal on the table is the one that they thought that they would get to eventually. He stated that they do not have the documents signed yet but all the preliminaries are complete. He stated that it looks good without having the actual signature. Council Member Wilson-Smith asked would it be done by the next council meeting. Mr. Tyrrell stated that he does not want to promise it but he thinks that they should be able to. He stated that they are relying on the other counterparties and this is something that they do not control. Council Member Wilson-Smith asked did anyone find out the information about the rental district and fees that are associated with it. She stated that she has brought this up at a couple of council meetings. She stated that this City has a rental district and that she knows that there is one in Ward One. She stated that they should be receiving fees. She stated that the landlords pay a specific fee to have that property looked at before it is rented out. She stated that she knows that she has asked this at other meetings and that this would be the third time she has asked about it. She stated that this is revenue to the City. She asked if someone can bring this back to the next meeting. She stated that this should fall under Mr. Sturdivant she thinks. Mrs. Peters stated that she will be prepared to give the information at the next meeting. Council Member Wilson-Smith asked has anyone had a conversation with the gentleman that is putting up the hotel at Exit 52. She asked where are they with putting this hotel up. Mr. Tyrrell stated that they had a very lively meeting. He stated that the gentleman’s financing is not complete and that he anticipates this to be complete at any time. He stated that they are allowing this to go forward for a few more weeks but not forever. Council Member Wilson-Smith stated that the City has a basketball player and that she sent the link to Mr. Tyrrell. She stated that he graduated from Petersburg High School and that he is doing great things. She stated that his name is Frank Mason. She stated that she would like to ask the City to please soon to arrange something to present him with the keys to City or something to acknowledge him. She stated that the last item she has is the rewriting of the resolution for the CCRA and the Citizenry Auditing Committee. She stated that Vice Mayor Hart stated that he would rewrite it. She stated that she hopes that it is ready tonight. Rowena Carter, 2519 Deerfield Drive, gave comments on the Freedom Support. Council Member Cuthbert stated that he would like to thank Kevin Brown for meeting with him the other night after hours. He stated that Mr. Brown shared a lot of information with him. He stated that he thanks him for that and that he wrote a follow-up letter asking him for some details as to the $7.5 million of accrued real estate taxes that are now owed. He stated that he looks forward to receiving that response. He stated that he is asking Mr. Brown to share that information with Ms. Jackson so that she can share that information to all of City Council. He stated that he would like to address a couple of points that was made during the public information session. He stated that one was whether City Council was abusing public time when they went into closed session. He stated that he is confident that City Council respects the citizens time. He stated that in the past the objection was that they were not starting at the same time all the time and that they keep the public guessing. He stated that in response to that he suggested that council have all meetings to start at 6:30pm. He stated that this maximizes consistency of public expectations and transparency. He stated that everyone knows when the meeting starts and that it starts at 6:30pm. He stated that unfortunately it is impossible to predict when they are going to need a closed session or how long it will take. He stated that if they start making expectations to this when they have closed sessions and they don’t know how long it will last they can see that this is not good either. He stated that it is not a question of disrespecting the publics time. He that it is a question of trying to choose the lesser of the two evils. He stated that he hopes that the City can cut *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 - 11 – ______________________________________________________________________________ a break to the Genesis Group on the Easter Egg Hunt. He stated that he will leave this with the City Manager. He stated he realizes that they cannot waive all fees for everyone but that this would be nice to distinguish when they can waive the fee and when they can’t. He stated that Mr. Edwards asked what is the status of the Petersburg Library. He stated that if Mr. Tyrrell can let them know at the next regular meeting. He asked Mr. Tyrrell if there was a meeting on tomorrow night. Mr. Tyrrell stated that he does. He stated that City Council received an email on Saturday evening announcing that they were going to talk about the water and wastewater at the high school on Wednesday at 6pm. He stated that they sent out a press release and to all City employees email. He stated that they will do this tomorrow from 6pm-8pm at the high school. He stated that he is happy to do it next week as well. He stated that it will be covered by the press this evening. Council Member Cuthbert asked why was it announced by email on Saturday instead of at a regular meeting. He asked whether it was some special urgency. Mr. Tyrrell stated that in the comments of City Council, staff organized this meeting to make sure that citizens were aware and that they can entertain questions. He stated that this is just an open invitation to anyone. Council Member Wilson-Smith stated that she would like to suggest that she does not remember the email or announcement until it was stated at the podium. She stated that apparently, it did not go to the citizens so they are not aware as well. She stated that it seems impossible for them to have the meeting on tomorrow night. Council Member Wilson-Smith stated that she would like to make a motion to change the date of the meeting. Mayor Parham stated that this is not a council meeting or meeting of council. Council Member Wilson-Smith stated that if it is a meeting of the citizens and that they do not know about it how can they attend. Mr. Tyrrell stated that they do not know who knows about it and who doesn’t know about it. He stated that they send it out typically how they normally send it out. He stated that this is their attempt to get the transparency that everyone wants. He stated that they can laugh at it but that this what it is. He stated that there is no other agenda other than the picture that they are dealing with. He stated that it does not have to do with the sale of the water system. He stated that this is an isolated presentation about the question on how to fix the system that they are dealing with. He stated that this is part of the story. He stated that they have issues and that they want to make sure that it is in the public domain. Council Member Wilson-Smith stated that for the record and that it is not debatable that she personally thinks that they should change the date because it does not appear that citizens are aware. She stated that she would have encouraged citizens to come at her meeting last night if she was aware. She stated that sends out weekly emails all the time. She stated that she was not aware. Mr. Tyrrell stated that he is happy to change the date. He stated that they can do it next week or whatever time they think that it is appropriate to do. Council Member Wilson-Smith stated that she thinks that it is appropriate to change the date. Council Member Wilson-Smith made a motion to change the meeting date regarding the water and *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 - 12 – ______________________________________________________________________________ wastewater meeting to a different date where the public has had ample notice. The motion was seconded by Council Member Cuthbert. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith- Lee, Wilson-Smith, and Parham; Absent: Myers and Hill; Abstain: Hart Council Member Wilson-Smith stated that based on the motion can they choose the alternative date tonight. Mr. Tyrrell stated that they need to know when the high school auditorium is available. He stated that this is the best location in the City to do the presentation. Council Member Wilson-Smith stated that soon as the date is settled to please let her know. She stated that she would like to let other citizens know. Mr. Tyrrell stated that he needs to know how much lead time will they be comfortable with in letting everyone know. Council Member Wilson-Smith asked what does the rules say. She stated that the rules say at least three business days. She stated that she would even say a week’s notice is good. She stated that they are still staying with what the rules say. Council Member Smith-Lee stated that she will be having a Ward 6 Meeting at the Salvation Army located at 1228 South West Street. She stated that it will begin at 6pm on March 9th. She stated that they are going to spark the change and that dinner will be served. She stated that she also wants to piggyback on what Council Member Wilson-Smith brought up. She stated that she would like everyone to know that USA Today Sports Player of the Year is Frank Mason III. She stated that there is goodness that comes from Petersburg. She stated that they will spark the chain. Vice Mayor Hart stated that he wants to thank everyone that participated and came out and sat down to listen to what was being discussed at the Ward 7 Meeting last week. He stated that he truly appreciates everyone coming. He stated that they have some information on a lot of things going on in the City. Mayor Parham stated that Ward 3 is having a Joint Ward Meeting on Thursday at 6pm at Petersburg High School in the cafeteria. He stated that the guest speaker from School Board Chairman Mr. Pritchett is Julian Greene of the Petersburg Education Foundation. He stated that his guest speaker will be Captain Carl Moore of the Petersburg Police Department. 10. ITEMS REMOVED FROM CONSENT: *No items for this portion of the agenda. 11. UNFINISHED BUSINESS: a. Consideration to approve work session calendar. BACKGROUND: The construction of the FY18 budget calendar is currently underway. It is proposed that the City Council hold five budget work sessions with the Finance Director. These work sessions are intended to give the Council a more in-depth view into each of the major departmental budgets. RECOMMENDATION: Recommend City Council approve the proposed times, dates and locations of the attached budget work session calendar. *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 - 13 – ______________________________________________________________________________ Council Member Cuthbert stated that he wants to attend all the meetings. He stated that he has a conflict on March 29th and that he wants to know if they can choose a new date for this meeting. He stated that he cannot do it that week but that he can do it the following week. He stated that this kind of ties in with the location and time of the meetings. Mayor Parham stated that he was in conversation with Mr. Tyrrell. He asked Mr. Tyrrell does he have an update on it. Mr. Tyrrell stated that he does not. He stated that they will look at it hopefully tomorrow. Council Member Cuthbert stated that regardless of where they meet he cannot make the March 29th meeting. He stated that the following week is fine with him if this is fine. Ms. Birch stated that she is happy to do one-on-one and she is happy to change it to a new date. She stated that they just must tell her the date. She stated that if City Council wants to change the recommended schedule then they need to give her a new date. She stated that she is happy to do one-on-ones. Council Member Cuthbert stated that maybe the easiest thing to do is to go forward with the date on March 29th and then he will have a one-on-one. Ms. Jackson stated that in reference to the work session calendar the train station is not available on certain days in which the Rules of Council state that every meeting is to be held at the train station at 6:30pm. She stated that if possible that if they are going to have it at the high school or another facility to accommodate everyone, council would have to suspend the Rules of Council to uphold the meetings at another facility. Council Member Cuthbert stated that Ms. Jackson makes a good point. He stated that he wonders if they can postpone the proposed location until Mr. Tyrrell has an opportunity to investigate other options and report back. He stated that they can decide at their next meeting on March 21st. Council Member Cuthbert made a motion to approve the dates as stated on the work session calendar and revisit the issue of location at the March 21st meeting. The motion was seconded by Council Member Wilson-Smith. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson- Smith, Hart and Parham; Absent: Myers and Hill 12. NEW BUSINESS: *No items for this portion of the agenda. 13. COMMUNICATIONS/SPECIAL REPORTS: a. Update on Processing Checks in the City Treasurer’s Office. BACKGROUND: City Treasurer has received negative media reports concerning the delayed processing of checks on a daily basis. City Treasurer wants to review the manual process currently used in his office. Also, he wants to share information concerning the implementation of the SunTrust Lockbox Processing program. RECOMMENDATION: City Treasurer is working to process checks on a daily basis. Update on status with Lockbox Processing with SunTrust Bank. *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 - 14 – ______________________________________________________________________________ Kevin Brown, City Treasurer, stated that he is present today to give an update on the process of checks in the City Treasurer Office. He stated that this year unlike other years they had people to form a line two weeks prior to the due date. He stated that everyone in his office was helping people. He stated that even the people in the back who were supposed to be doing collections were helping people in processing checks. HE stated that during that timeframe people still went to the post office and the dropbox. He stated that they did not have the opportunity to process checks. He stated that their plan going forward is to make sure that the City Treasurer Office is processing checks and taking in money on a daily basis. He stated so that the Finance Director, City Manager and City Council can know where the cash balance is on a daily basis. He stated that this is their goal. He stated that part of their goal is that they are going to start a process called the Lockbox with SunTrust. He stated that this process will start in April no later than May. He stated that they met with the processing manager from Atlanta today about the City account and their options for it. He stated that they will begin with water first. He stated that they already talked about what they need to do. He stated that had problems with dropbox. He stated that they will bring the dropbox inside and that there will be a machine that will count the coupon and the money that is paid against that coupon. He stated that this will put the money directly in the general fund. He stated that hopefully they will have this running in about a week. He stated that they must evaluate how many people they need in their super high moments. He stated that this time they were not prepared. He stated that they had people for two weeks in long lines. There was discussion among City Council and Mr. Brown regarding the checks and balances and using interns from VSU who are majoring in finance. There was also a discussion on a routine and monthly update by the second meeting of each month. 14. REPORTS/RESPONSES TO PREVIOUS PUBLIC INFORMATION PERIOD: There were no items for this portion of the agenda. 15. CITY MANAGER’S AGENDA: a. City Manager’s Report I. Financial Reporting and Budget vs. Actual II. Water Waste, Water Utility Update b. Robert Bobb Group Report Mr. Tyrrell stated that this evening they will begin with the financial report. Ms. Birch stated she has been wanting to talk to them about these steps for a while. She stated that because of council rules they were not able to have a special work session because they did not approve. She stated that they will see this in the next two weeks with updated information. She stated that the first report is the monthly cash flow. She stated that the slide has a lot of information on it. She stated that they look at this report daily and that they update it daily. She stated that as of last Friday they had $4.2million dollars in the bank and that they had checks that had not cleared. She stated that in calculation this leaves the City with $2.2 million dollars to spend. She stated that this is not enough to run a $90 million-dollar budget for a City government. She stated that it shows revenue estimates and expenditure estimates. She stated that the real budgets are fund budgets. There was discussion among City Council and Ms. Birch. Mr. Bobb stated that one of the things that they stated when they came on board was that they wanted to collect every dollar that is due to the City. He stated that they have looked at it. He stated that they are working on the top 20 delinquent utility accounts in the City today. He stated that these are not only private *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 - 15 – ______________________________________________________________________________ businesses but that they are also individuals. He stated that there are about 1,483 accounts that are 90 days overdue. He stated that those accounts represent $775,391. He stated that when accounts are delinquent then someone else is living off the City cash. He stated that one reason they have not listed the actual corporation or individual is that they need to have a major conversation with the major ones. He stated that they have found out that there are companies that have not been built. He stated that there is a firm that has been beating down the doors saying please send them the bill. He stated that before they list the delinquents by name they must talk to them and see if they have been billed. He stated that they are reviewing every lease that the City has. He stated that the leases must go through a legal process. He stated that whoever was in charge of the City in 2009 is when the City started to have problems with the cash flow. He stated that he understands that the City did not approve the Rules of Council and Standing Committees. Mayor Parham stated that there are some necessary changes that have to be made first. Mr. Bobb stated that this is fine. He stated that they are in the recruitment process with the executive firm and that they are starting the processes to fill positions. He stated that they interviewed this past week for the Public Works Director position. He stated that they have filled the human resources position. He stated that the remainder of the positions are in the process of taking steps to fill the positions. He stated that on the 14th they are interviewing national firms to conduct the forensic audit. He stated that they are also working on the enhancements of the City’s technology. He stated that they are requesting a special meeting of City Council on next Tuesday to walk through the debt restructuring. He stated that he thinks that with the Rules of Council you have to advertise and make notice. There was discussion among City Council Members and Mr. Bobb. Council Member Wilson-Smith made a motion to suspend the Rules of Council stipulating that the meeting has to be held at the train station to have a special meeting of City Council on next Tuesday at 6:30pm on finances at an available facility if the train station is not available. The motion was seconded by Council Member Smith-Lee. There was discussion on the motion. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Hart and Parham; Absent: Myers and Hill Mr. Tyrrell stated that as part of the research and where they are and what they need to look at in regards to the water system. He stated that they printed out information and provided copies to City Council to look through. He went over the process to get the City back in good standards regarding the water and utility system. There was discussion among City Council Members. Tricia Dunlop, Counsel for Principal of Dunlap Law, PLC, stated that she wanted to make couple of points in reference to the letter from VRA. She stated that in the bond agreement it specifies that if you receive written notice of a default you have a set amount of time to cure this. She stated that this is essentially like getting a letter from Dominion Power saying you didn’t pay your bill so we are going to shut you off. She stated that they are giving notice to the City that they are in default. She stated that if they do not clear the default and time runs out and then you are done. She stated that then the City has to write a $7 million-dollar check and we lose access to the $5.3 million. She stated that we absolutely have to have the $5.3 million dollars to begin to repair one particular section of pipe. She stated that she wants to make sure that they understand what this is. She stated this is VRA taking its opportunity checking off the box to say that they have to tell them in writing. She stated that one of the consequences of the City failing to fix part of its sewer system is that they could lose the opportunity to decide how to do it. She stated that if DEQ decides that the City is not sufficiently serious in undertaking this then they could put the City under notice of violation followed with a consent order. She stated that they would negotiate the consent order with them but that this is a negotiation and they may not come out *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 - 16 – ______________________________________________________________________________ on the good end of it. She stated that she can tell them that the orders almost universally impose fines. She stated that the reason for the fines is that this is a public health hazard. She stated that this is raw sewage. She stated that they have got to fix this. She stated that there is more that she must tell them however she is their counsel and that some of the information that she needs to say is not appropriate for publication at this point. She stated that she suggests that to go deeper into this that they go into a brief closed session under 3.2 paragraph 7. She stated that this allows her to give them confidential legal counsel. City Attorney Joseph Preston stated that City Council will now move to go into closed session for two purposes pursuant to Section 2.2-3711.A (7) of the Code of Virginia, 1950 as amended. He stated that council will be in closed session to consult with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel. Council Member Cuthbert moved that the City Council go into closed session for the purposes noted by the City Attorney. The motion was seconded by Council Member Hart. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Hart and Parham; Absent: Myers and Hill City Council entered closed session at 11:36 p.m. CERTIFICATION: Mr. Preston stated that City Council now moves to come out of closed session and certify that only public business matters lawfully exempted from an open meeting requirement pursuant to the Virginia Freedom of Information Act and only such business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the closed meeting. Council Member Cuthbert 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 Hart. There was discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Smith-Lee, Wilson-Smith, Hart and Parham; Abstain: Cuthbert; Absent: Myers and Hill 17-R-13 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. 16. BUSINESS OR REPORTS FROM THE CITY CLERK: *No items for the City Attorney’s portion of the agenda. 17. BUSINESS OR REPORTS FROM THE CITY ATTORNEY: Mr. Preston stated that Frank Mason the City’s famous basketball player was voted the “Big 12 Player of the Year” by a unanimous vote of all the coaches of the poll. He stated that this is an outstanding award. He stated that more importantly he is the leading candidate for the Naismith Award which will make him the *Audio available  Minutes from the Petersburg City Council meeting held on: March 7, 2017 - 17 – ______________________________________________________________________________ number one college basketball player for 2017 in the United States of America. He stated that we must do something for Frank Mason. 18. ADJOURNMENT: City Council adjourned at 11:56 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor *Audio available