City Council

Minutes from the Petersburg City Council meeting held on: April 4, 2017 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, April 4, 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 Council Member W. Howard Myers Council Member Darrin Hill 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 2. CLOSED SESSION: City Attorney Joseph Preston stated that City Council will now move to go into closed session for one purpose 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 award of a public contract involving the expenditure of public funds to obtain a loan and discussing of terms of such loan contract where discussion in an open session would adversely affect the bargaining position and negotiation strategy of the City of Petersburg. Council Member Hill moved that the City Council go into closed session for the purposes noted by the City Attorney. The motion was seconded by Council Member Myers. 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, Myers, Hill, Hart and Parham City Council entered closed session at 6:32 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 Hill made a motion to return City Council into open session and certify the purposes of the closed session. The motion was seconded by Council Member Myers. There was discussion on the motion, which was approved on roll call vote. *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 -2– ______________________________________________________________________________ On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Myers, Hill, Hart and Parham 17-R-15 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. Council Member Cuthbert made a motion to authorize the Acting City Manager to enter into negotiations for a private placement loan to purchase certain fire trucks and police vehicles needed by the City. 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, Myers, Hill, Hart and Parham I move that 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. Mayor Parham stated that he would like to start the meeting off with the Positive Petersburg Story. He stated, “Today’s Positive Petersburg Story is about none other than Petersburg’s own Frank Mason, III. Kansas Jayhawk and former Petersburg High Alum claimed his third major college basketball player of the year award. Mason, a 5’11 guard from Petersburg won the AP Player of the Year Award Thursday, the Oscar Robinson Trophy on Friday and was presented the James A. Naismith Trophy on Sunday. The Naismith Trophy recognizes college basketball’s most outstanding men’s player. Frank is the only Kansas University player to have won the AP and the UBWA Award. He is the second Kansas player to win more than one National Player of the Year Award in the same season. The 2017 Big 12 Player of the Year, Frank averaged 20.9 points and was the first Kansas player to lead the league in scoring since 2004. This past season Mason became the first player and Kansas player in history to average 20 points and five assists for his career. Mason ranked 6th on Kansas Jayhawk Scoring List with 1,885 and 6th in career assist with 576. Frank is the only person in Kansas history to rank that high in career points and assists. Petersburg proudly recognized Frank Mason for all that he has done. He is a shining example of what can come out of Petersburg.” 5. PROCLAMATIONS/RECOGNITIONS: a. Proclamation for Sexual Violence Awareness Month BACKGROUND: The City has been supportive in the past. Issuing a proclamation allows citizens to see that City officials take the issue seriously and are taking a proactive approach to addressing the issue. RECOMMENDATION: Proclaim April 2017 as Sexual Violence Awareness Month. Mayor Parham read and presented the proclamation to The James House. Jane Clayborne, Director of Community Relations at The James House, stated that she would like to let the citizens and City Council know about events that are coming up. She stated that they have walk called “Walk a Mile in Her Shoes” that Sheriff Vanessa Crawford is putting together for them. She stated that encourage men and boys to come out and put on women shoes and walk a mile to help raise awareness. She *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 -3– ______________________________________________________________________________ stated that there are flyers on the back table. She stated that there is free training for people with children, nieces, nephews and grandchildren. She stated that it is a great way to learn how to suspect child sexual abuse. She stated that flyers are on the back table as well. b. Proclamation for National Library Week BACKGROUND: Libraries and librarians are open up to a world of possibilities through innovative STEM programming, makerspaces, job-seeking resource and the power of reading. RECOMMENDATION: Mayor Parham read and presents a proclamation. Mayor Parham read and presented the proclamation to the Director of Petersburg Public Library, Wayne Crocker. Wayne Crocker, Director of Petersburg Public Library, stated that he thanks them for the proclamation. He stated that the library has been in existence in Petersburg since 1943. He stated that they continue to strive to provide information as the make a difference in the lives of all citizens in Petersburg, especially the children. Natonya Williams, Marketing/Program Specialist at the Petersburg Public Library, stated that she has put information in each council member seat of events and classes that are being help at the Petersburg Public Library. c. Proclamation for April 4, 2017, as a day of remembrance for Dr. Martin Luther King, Jr. Mayor Parham read out loud to the citizens, City Council and staff on a day of remembrance of Dr. Martin Luther King, Jr. 6. COMMUNICATIONS/SPECIAL REPORTS: *There are no items for this section. 7. CONSENT AGENDA (to include minutes of previous meeting/s): a. Minutes: Regular Council Meeting Minutes of March 21, 2017 Council Member Myers made a motion to accept the Consent Agenda. 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 8. OFFICIAL PUBLIC HEARINGS: a. A public hearing on an ordinance implementing a 13.4% rate increase for water and wastewater. BACKGROUND: The City has identified a minimum of $51 million dollars of Capital Improvement Projects over the next five years. Many of the utility assets have reached full depreciation a decade ago. Utility Capital Improvement Plans and reserves have been excluded from the budget and/or not funded for decades. To properly maintain the City’s utility system, the Operation and Maintenance budget will need to be increased. Capital Improvement Plan (CIP) and reserves will need to be funded. This is one of a series of rate increases that will be proposed to fund the CIP. The current rate increase will result in approximately $210,000 additional revenue in FY17. The projected FY17 revenue for utilities is under budget; therefore, the increase in revenue *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 -4– ______________________________________________________________________________ will not require an additional appropriation. The rate increase will be effective April 4, 2017. RECOMMENDATION: City Council approve the implementation of the 13.4% water utility rates for FY17 based on the 5-year plan. Tom Tyrrell, Interim City Manager, gave a brief update on the rate increase. He stated that the City received a letter from VRA that the consequences of not implementing the plan could potentially be a default on a bond covenant. He stated that there are a lot of negative outcomes if they do not implement the plan. Ms. Jackson opened the floor for public comment. Ricky M. West, 110 Walkover Street, stated that he is the only person that lives in his house and that his bill is already $72 a month. He stated to City Council to not raise his water bill. He stated that not only that they are outsourcing all the jobs in the City. He stated that they are giving all the jobs away. He stated that they are leaving all the people in the City stuck. He stated that City is like predators. He stated that they are not helping them but that they are hurting them. Richard Stewart, 129 Rolfe Street, stated that he pays three utility bills. He stated that his water is the cheapest thing on his bill. He stated that he pays $10 for the water and the rest is fees. He asked that if the City contracts the water out will it save the water. He stated that if the contractor has it this will be much higher than what it is currently. He stated that the water bill is going up and the refuse tax is going up as well. He stated that they complain about the water and that he understands how the people feel. He stated that they cannot drain the swamp that is in his area. He stated that he thinking about going to the Appomattox River and get water. He stated that he thinks that they should take a look at the other utilities. Leonard Curry, 2014 Woodland Road, stated that he supports the increase in the water bill. He stated in addition to this he wishes that they consider grants to see if they can apply some of this to the water system. He stated that when Mr. Canada was the City Manager he was considering that issue. He stated that he does not think that Mr. Johnson was considering this. Jane Smith, 3320 Denise Road, stated that this has been wearing on her heart about the water bill. She stated that if they are bringing in contractors this would mean job would be loss. She stated that Petersburg has people that have been with the City for a long time. She stated that they are talking about people livelihood. She stated that if City Council say that they love the City and that this is their City then they must do something about their City. She stated that they do not have to bring anyone else in to do something about their City. She stated that if something goes wrong in her house then she would have to handle her own house. She stated that City Council must stop oppressing the people that in the City. She stated that these increases add up and that there are senior citizens in the City that do not have a lot or have a job. She stated that there are small businesses in the City that are trying to make. She stated that City Council gets paid by the citizens. She stated that this matter has been out of control for over a year. She stated that it is humiliating to see people that cannot handle and count money. She stated that they must get involved and talk to the people that work with the City in regards to their job. She stated that they must find out where their heart is. She stated that they must come together. Inez Tucker, 1135 Arlington Street, stated that she would like to know how is the City charging people for their water bills. She stated that leaves are all around her meter. She stated that because of this no one is reading here meter. She stated that she does not understand how she can be charged when they cannot get to the meter. She stated that she would like someone to explain to her how the City is charging her for her water. Neander Jones, Petersburg resident, spoke on the water and real estate and people being garnished. He stated that the city spoke on $28 million dollars being missing. He stated that someone needs to go to jail. *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 -5– ______________________________________________________________________________ He stated that someone knows what is going on. Willie Noise, 1508 Circle Drive, stated that there are a couple of things that he has not heard. He asked is going to be permanent situation. He asked whether the citizens will get a relief. He stated will they go back to the normal pay. He stated that they are people with minimum income. He stated that the majority make around or close to $30,000. He stated that he is not for an increase in anything except for a paycheck. He stated that he just needs to know how long he should dig in his Christmas savings to pay for water. He stated that tax increase is not the only way to do something. Bruce Donald, 533 High Street, stated that in February City Council agreed to table further consideration of selling the City’s water system. He stated that instead agreed to form a committee to review all information regarding the water system. He stated that with the sale of the water system and the fee increasing that this is going to be a cost of $9 million dollars. He stated that budget cuts should be considered without serving out to another company. He stated that the citizens of Petersburg could be looking at water bills that will increase by $90 per month. He stated to City Council to not approve the motion or allow the Robert Group to sale the water system until the committee has responded especially if it is charging the City $200,000 to review the proposal. Lawrence McLaughlin, 115 Marshall Street, stated on the March agenda ordinance in the second paragraph it states information on Aqua Virginia and Virginia Water Company. He stated that in the last sentence it states that City Council postponed the commencement of the next phase until City Council receives a report from the Adhoc Committee. He stated that there are some smart people on the committee. He stated that he looked of the two people and found a bunch of cities who only have negative things about them. Arthur Capuano, 1931 Matoax Avenue, stated that he does not understand why they are doing this unless they must do this. He stated that he only uses a small fraction of the gallons and that he is already paying $49 or close to it. He asked when were the figures done. He asked whether it was two years ago. He stated that this is not very productivity. Barb Rudolph, 1675 Mt. Vernon Street, stated that she was not going to say anything about the increase but because there are so many people present tonight she did think that it is important for people to get the broader perspective. She stated that although what Mr. Tyrrell talked about was passed by City Council before the real issue is what is coming down the pipe. She stated that City Council was also working on the budget for FY18. She stated that part of this was a rate study. She stated that every year that there is a rate increase it aggravates something. She stated that they are proposing a rate increase of 13.4% in FY18, which is this coming July 1st. She stated that then the year after that there will be another 15% and then another year after that another 15% and then year after that it will be another 15% and then the year after that will be another 15%. She stated that the impact of this would be an 80% increase. She stated that she does not know how they are going to deal with bigger increase of the next couple of years. Karen Graham, 402 High Street, stated that it is probably inevitable that they are going to get stuck with the 13.4% increase. She stated that her question to them as they move forward is that back last summer when Acting City Manager Belton was running the show there was discussion on going on back to reevaluate and renegotiate contracts. She stated if this has not been done that it should be done as a means to the increase to the residents now and make it more proportionate. Deborah Buford, 1144 W. Normandale Avenue, stated that she would like to address council because it seems like they are going to have an increase in water bills whether they like it or not. She stated she would like them to know that in the City ordinance that there is a 10% of the bill that will be charged if the water bill is not paid on time. She stated that this is not 10% of the unpaid balance but 10% of the total bill. She stated that if they are going to increase some things can they look at things like the penalty decreasing. She stated that *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 -6– ______________________________________________________________________________ this is currently on the books and that she would ask that City Council review this information as well. Michael Edwards, 409 Grove Avenue, stated that unfortunately this has to happen after years of neglect of implementing policies. He stated that a lot of the current members was not on City Council when this was voted on. He stated that they cannot put the blame on those newly elected. He stated that the concerns that he has is when they pass this vote on the 13.4% is that it takes effect after the roll call vote. He stated that three months from now when the FY18 budget is implemented an additional 14.3% will take effect. He stated that a 27.7% increase within three months. He stated that according to the proposed budget presented by the Robert Bobb Group the FY19, FY20, FY21 and FY22 will receive 15% increases. He stated that this is a total of 87.7% increase of the next five years. He stated that he can afford it but that a person that is on social security and a fixed income will not be able. He stated the citizens will have delinquent fees and cut-off notices. He stated that Code Compliance will be able to place red tags on the properties but it does not have running water. He stated that he does not envy to be in City Council shoes at this moment. He stated that he asks that as they deliberate after they close the public hearing that they please take into consideration that Petersburg has an extreme poverty problem. He stated that the repercussion from this could be disastrous and that there would be deficit on monies owed. Marvin West, 722 Starke Street, stated he is thinking about how Petersburg used to be back in the day. He stated that Petersburg had a lot of businesses and plenty people walking the streets shopping. He stated that now all the businesses are gone and that this is where the tax monies are gone to. He stated that Petersburg was jumping at one time. He stated that when all the businesses left the revenue stopped coming. He stated that now it seems like Petersburg is getting money from people that draw social security. He stated that some of the businesses left probably owed taxes too. He stated that someone need to look at the books. He stated that if you do not tell them to turn the water off then they are going to charge you for the water that you are not using. He stated that this is not right. He stated that back then City Hall never had this problem. He stated that now you also must go outside of Petersburg to do all the shopping now. He stated that everything is now gone and that this is where all the tax money has gone to. Ron Flock, 1708 Pender Avenue, stated that he does understand that rate increases are needed. He stated that he thinks that this is a little bit drastic. He stated that he thinks that there are going be rate increases to fund projects if necessary. He stated that he is going to come up during the public information and give them a chance to look at how this is done without the giant increases. He stated that he is going to ask them tonight to table this until the next City Council meeting. He stated that he will give all of them a copy of information and that they will see that the drastic increases are not necessary. Seeing no further hands, Ms. Jackson closed the public hearing. There was discussion among City Council and staff. Council Member made a motion to table action until City Council has had the opportunity to look at the information that will be provided by a citizen during the Public Information Period. The motion was seconded by Council Member Smith-Lee. There was discussion on the motion among City Council and staff. Council Member Wilson-Smith stated that she will withdraw her motion but that the information from the citizen, if he can get that to City Council before the FY18 budget. Vice Mayor Hart made a motion to approve the implementation of the 13.4% water utility rates for FY17 based on the 5-year plan that has already been voted on. 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- *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 -7– ______________________________________________________________________________ Smith, Myers, Hill, Hart and Parham 17-ORD-15 AN ORDINANCE AMENDING SECTION 114-136 AND SECTION 114-236 OF THE 2000 CODE OF THE CITY OF PETERSBURG, AS AMENDED, TO INCREASE THE PUBLIC UTILITY RATES FOR WATER AND SEWER COMMODITY AND CAPACITY CHARGES. b. A public hearing on an ordinance which allows supplemental billing of personal property taxes. BACKGROUND: The City cannot currently bill or collect personal property taxes outside of the current due dates established in the current code, which only occur twice a year in January and June. Supplemental billing will allow the City to collect personal property taxes throughout the year when the property becomes due and owed. RECOMMENDATION: Recommend City Council approve the amendment to Section 106-10 of Article I of Chapter 106 pertaining to personal property tax. Nelsie Birch, Interim Finance Director, stated that she wanted to remind everyone what they are acting on. She stated that in working with the Treasurer and the Commissioner of Revenue they found out that there were some split timelines in the ordinance on when they can collect personal property. She stated that this did not allow them to do supplemental billing. Ms. Jackson opened the floor for public comment. Seeing no hands, Ms. Jackson closed the public hearing. Council Member made a motion to approve the amendment to Section 106-10 of Article I of Chapter 106 pertaining to personal property tax. The motion was seconded by Council Member Myers. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Myers, Hill, Hart and Parham; Absent: Wilson-Smith 17-ORD-16 AN ORDINANCE TO AMEND SECTION 106-10 OF ARTICLE I, OF CHAPTER 106 PERTAINING TO PERSONAL PROPERTY TAX LIST AND ASSESSMENTS AND PRORATION OF PERSONAL PROPERTY TAX. 9. 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 13 speakers. She stated that if all City Council Members concur she would like to give them three minutes each. Cory Harris, 2316 Anderson Street, stated that we honor the death of Martin Luther King, Jr. but that it seems like they forgot what he spoke for. He stated that he just did not defend people of color but he defended people that were poor. He stated that he defended people that could not defend themselves. He stated that they have a 43% child poverty rate in the City. He stated that the unemployment rate in the City s *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 -8– ______________________________________________________________________________ 9%. He asked city Council what is one thing that the Robert Group has done that they could not do themselves. He asked City Council to tell him one thing that William Johnson and Dironna Belton did that they could not do. He asked them how hard is it to sell property. He asked City Council why are they so focused on someone that does not care about the people in the City. He stated that the people are saying that they are not being heard by their leadership. He stated that people are living paycheck to paycheck in the City. Mari Hardenbergh, 1658 Berkeley Avenue, stated that she is a representative of River Street Market. She stated that they are an organization that is bringing the Farmer’s Market back to Petersburg. She stated that their opening day is May 6th and that they will have the market open every Saturday. She stated that they will be open from May 6th until October 28th from 8:00am to 12:00pm. She stated that a lot of the vendors that were there before have agreed to come back. She stated that if they wanted more information that they can go to www.riverstreetmarket.com. Ron Flock, 1708 Pender Avenue, stated that for three meetings he has asked Mr. Tyrrell to look into coming up with an option on not selling the City’s water. He stated that there has not been a response. He stated that he is not the only one that can do basic math. He stated that his proposition is a restricted Sunset Tax. He stated that there are 11,900 residential accounts in the City and that at $50 a month that would bring $595, 000 into the City. He stated that there are 1,050 commercial accounts in the City and that they would be $75 per month and that they would bring in $78,750. He stated that there are 16 industrial accounts and that they would $100 per month and that this would bring in $1,600. He stated that this would be a total of $8.1 million dollars if they multiply this by 12 months. He stated that he went to the meeting that Council Member Wilson-Smith had on Sunday. He stated that they talked about this. He stated that one of the things they stated was that they would go to the water main and make sure that there was safe water. He stated that they have time to fix the water problem. He stated that 50% of the money that is spent with South Central is for infiltration. He stated that in 12 years you can raise $97 million dollars. He stated that the cost savings and the long-term change to the infrastructure can be met. He stated that no one can tell him that if they do what they must do to raise $97 million in 5 years then there is nobody that can tell him that they can put all these projects up and complete them. He stated that it will take the City longer than five years to complete this projects. He stated that they need to increase the rate but that it does not have to be 15%. He stated that they can do this. Inez Tucker, 1135 Arlington Street, stated that she is present as a senior tax paying citizen of Petersburg to ask City Council to not cut the senior program from Parks and Leisure Services at Tabernacle Baptist Church. She stated that they are citizens that enjoy the activities. She stated that she is sure that the other seniors enjoy it too. She stated that she does not understand why the seniors have to be punished for Petersburg financial situation. She stated that she is asking them to keep the senior citizens program and the programs for the youth. Richard Stewart, 129 Rolfe Street, stated that he would like to thank Mr. Tyrrell for stopping the trucks from coming into Pocahontas. He stated that he would like the police department as well for patrolling Pocahontas. He stated that he would like to talk about history. He stated that this is the night that Abraham Lincoln came into Petersburg. He stated that this was the day that the confederate flag was taken down from the courthouse. He stated that they need to bring it together and make the month of April a history month. He stated that this is an important month of history. Willie Noise, 1508 Circle Drive, stated that he has a couple of things on his list. He stated that one is dealing with something that is every important. He stated this is on the lack of communication skills. He stated that there is a growing need for council to be in order. He stated that he next thing is on questions. He stated that questions need to asked that can be answered in a timely manner. He stated that from some of the Council Members questions he is getting scared. He stated that there are certain areas in the City that do not cut the grass. He stated that this is right near the park. He asked why they wouldn’t want to cut grass near the park area. He stated that they need to cut the grass. He stated that the speed limit needs to be checked by *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 -9– ______________________________________________________________________________ Harding Street. He stated that the cars be going through there too fast. He stated that a crossing should be put on the street to slow them down. He stated that he would like to thank his council member for his ward, Vice Mayor Hart. He stated that he has one last thing. He stated that this is on the churches not paying their 10%. He stated that the church does not have a steeple. He stated that the church should have a steeple on the building. He stated that his last remark is to be careful what you say out of your eye. He stated to be careful for what you pretend to be. He stated to keep up the good work and for them to start saying prayers for one another. Arthur Capuano, 1931 Matoax Avenue, stated that two meetings ago it was stated that invoices were being duplicated and double payments were being sent to companies. He asked has the companies been notified of the incorrect collection. He asked have they made arrangements for repayment of such things. He stated that this is a crime. He asked has the City stop dealing with the companies that have received double payments and have not returned it. He stated that there is a company that has been receiving double payment for 20 payments. Talibah Majeed, 1847 Brandon Avenue, stated that the City is in crisis. She stated that the crisis from last year has escalated. She stated that she will not go over the water issue because a lot of people have already done so. She stated that she would like to speak on the City’s image. She stated that on the Washington Street exit there is a hotel that was stated that it would create jobs and that the hotel would be fixed up. She stated that the hotel is just sitting there. She stated that there is also an octagon building that is across the street that could be something great but that it is not. She stated that it is horrible. She stated that they need to tear the building down. She stated that there is no youth development or jobs for the youth. She stated that the economic development director was just receiving a paycheck and not doing her job. She stated that Mrs. Peters is doing a great job in her position in the planning department. She stated that Mrs. Peters is one of the few people that she knows that has the answer for questions. She stated that there are people that are getting pay $80,000 and that there is no one competent enough to select a City Manager. She stated that it does not make sense. She stated that the City should have 300 employees and not 900 employees working. She stated that if the City does not have competent people to work for the City that there is something wrong with the selection process. She stated that there is something wrong with the evaluation process. She asked does the City even have an evaluation process. She stated that it does not seem like the City do. She stated that there are too many things that are not being done in the City. She stated that the City does not need someone to come in and choose a City Manager. She stated that there are qualified people in the City can help pick a City Manager that will be working with this person closely. She stated that there are people on payroll and that there are people that are just getting paid to do nothing. Barb Rudolph, 1675 Mt. Vernon Street, stated that she would like to talk more about the water rates. She stated that she heard from others earlier that the rate increases will create a lot of hardships. She stated that some increases are inevitable but that she thinks the numbers that are being given are suspect. She stated that the reason why she says this is that she attended the session that Council Member Wilson-Smith had with Aqua Virginia on Sunday. She stated that there was one thing that stood out to her which was the conversation on the wastewater projects. She stated that in the minutes of the meeting she stated that they declined the 30-year plan. She stated that she encourages them to ask questions about the numbers that are being given with regards to the water and rate increase. She stated that there are different numbers that have been given. She stated that City Council should let the Adhoc Committee to look at this information closely. Gloria Brown, 1557 South Sycamore Street, stated that she would like to thank Mr. Tyrrell for documenting and having timely responses to public comments and questions. She stated that she is excited to hear that they are getting the Farmer’s Market back. She stated that she does not want to equate Petersburg with another jurisdiction. She stated that she has seen some things over the last couple of years regarding community involvement. She stated that Chesterfield had an idea and that they had a planning session with the public. She stated that in the past the City had community involvement. She stated that she thinks that the *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 - 10 – ______________________________________________________________________________ City can move forward. She stated that in the past she has spoken on She stated that are given three minutes to talk. She stated that it is unacceptable for the meeting to run as long as it does. She stated that City Council should review their packets before they attend the council meetings so that they can handle the meetings effectively. Leonard Curry, 2014 Woodland. Road, stated that he would like to thank the Bobb Group. He stated that they are doing an outstanding job. He stated that he does not argue with selling the water. He stated that the City does not have the ample staff to understand the process and information with regards to the water system. He stated that there are top officials that have a big salary and that some of these people should resign. He stated that they should spend some of their tax money in the City. He stated that despite the contracts of council appointees the City Assessor still has a Richmond address and that the City Attorney has a Prince George address. He stated that his question for City Council is how many of the top officials that supposed to live in the City of Petersburg live in the City. He stated that City Council should review the laws of Farmer’s Market. He stated that there is a lady that sells pecans at the market and that she must go through a process and payment to just sell pecans. He stated that it is a nine-page application. He stated that there is a rule in it that forbids citizens from selling their own products. 10. BUSINESS OR REPORTS FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: a. Consideration of approval for the Southside Virginia Emergency Crew Memorandum of Understanding. BACKGROUND: Southside Virginia Emergency Crew is providing Emergency Medical Services for the City of Petersburg and the MOU is being updated. RECOMMENDATION: Recommend City Council approve the updated Memorandum of Understanding with Southside Virginia Emergency Crew. Mr. Tyrrell stated that with the work of the Southside Virginia Emergency Crew and the Petersburg Fire Department they could create an updated MOU. Council Member Hill made a motion approve the updated Memorandum of Understanding with the Southside Virginia Emergency Crew. 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, Myers, Hill, Hart and Parham b. Consideration of a resolution to on the Edward Byrne Memorial Justice Assistance Grant Program Petersburg Police Department for $23,951. BACKGROUND: The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following program areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). This project in the Petersburg Police Department is designed to develop automated solutions to streamline the traffic ticketing and summons processes by implementing an integrated Electronic Summons (e-Summons) solution to capture and transfer of traffic summons information from the point of issuance, through the Police Department and to the Courts. The project intends to implement tried and known [best - in *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 - 11 – ______________________________________________________________________________ – breed] solutions used by other progressive police departments nationally, to optimize our operational processes. The Department was awarded $23,951. This grant will be processed through the new grant management policy in the finance department. RECOMMENDATION: Recommend City Council approve the attached resolution on the FY16 Edward Byrne Memorial Justice Assistance Grant. Ms. Jackson opened the floor for public comments. Richard Stewart, 129 Rolfe Street, asked if someone can explain the Edward Byrne Memorial Justice Assistance Grant Program. Ms. Jackson read the background information on the Edward Byrne Memorial Justice Assistance Grant Program. Seeing no further hands, Ms. Jackson closed the public comment period. Vice Mayor Hart made a motion to approve the attached resolution on the FY16 Edward Byrne Memorial Justice Assistance Grant. 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, Myers, Hill, Hart and Parham 17-R-16 A RESOLUTION SUPPORTING THE APPLICATION AND PUBLIC COMMENT OF THE FY16 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT. c. Consideration of a resolution to proceed with the detailed proposal stage under PPEA for acquisition and operation of the City of Petersburg Water and Wastewater Utility Assets. BACKGROUND: Following the receipt of the initial unsolicited proposal, the City requested approval from City Council to form a negotiation team of City staff and consultants (financial, engineering, legal) and moved 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's ability to meet the City's financial goals including investments by the proposer for much needed water and sewer system capital improvements. 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 *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 - 12 – ______________________________________________________________________________ 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 and Mr. Bobb gave a briefing on the PPEA process. Council Member Myers made a motion that charges given to the Adhoc Committee in Mr. Cuthbert’s motion adopted on February 21, 2017, be expanded as follows: 1. The City shall make its internal and external experts and other professionals available to the committee, in order to facilitate the work of the committee; 2. The City shall release to the City Council and the Adhoc Committee the confidential portions of the proposals submitted by both private companies interested in purchasing the water and sewer systems so that economics of the privatization option may be better understood and evaluated, with the understanding that , such information will be kept confidential; and 3. The Committee shall provide its first interim report to City Council not later than May 2, 2017, and the final report of the Committee for ownership and operation of the systems, shall be provided to the City Council prior to its June 6, 2017, meeting. The motion was seconded by Council Member Cuthbert. There was discussion on the motion and City Council Members. Council Member Cuthbert made a motion to suspend the Rules of Council to allow public comment 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, Myers, Hill, Hart and Parham Ms. Jackson opened the floor for public comment. Barb Rudolph, 1675 Mt. Vernon Street, stated that she hates to say that the Adhoc Committee would be proactive. She stated that the Adhoc Committee would provide information that would be useful in the process. Ron Flock, 1708 Pender Avenue, stated that he attended the meeting on Sunday regarding the water information. He stated that they had two years to look at the water situation. He stated that this now gives them the chance to get educated on the information pertaining to the water in the City. Arthur Capuano, 1931 Matoax Avenue, spoke in regards of the water situation in the City and the Adhoc Committee overseeing the process. Leonard Curry, 2014 Woodland Road, spoke in regards to the motion regarding the City releasing the confidential information to City Council and the Committee. *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 - 13 – ______________________________________________________________________________ Cory Harris, 2316 Anderson Street, spoke with regards in the motion on charges being given to the Adhoc committee. He asked is there a certain urgency on the subject of the water situation and process. Bruce Donald, 533 High Street, asked what is the $200,000 for in regards to the process. Seeing no further hands, Ms. Jackson closed the public comments. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Myers, Hill and Parham; Voting No: Hart d. Consideration of approval for a lease agreement with David McCormack for Harbor Land at 275 River Street. BACKGROUND: Recently, the City has entered into a Memorandum of Understanding with the River Street Market a new restaurants are opening downtown it is only reasonable to offer additional events and activities that will draw visitors to the City. The concerts and family oriented recreational uses will meet that goal and increase the pedestrian traffic in the general area of the land. This is also the general vicinity where the Chamber of Commerce events occur, and it could very well fit in with the 2nd Friday events held in various locations downtown. RECOMMENDATION: Recommend City Council allow the City Manager to enter the lease agreement with certain terms and conditions with David McCormack for the Harbor Land Project. Ms. Birch stated that she would like to amend the agenda to remove “Item D” for two weeks and that “Item E” will only be doing the resolution. Council Member Myers made a motion to table “Item D” until the first meeting in May 2017. The motion was seconded by Vice Mayor Hart. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Myers, Hill, Hart and Parham e. Consideration of a resolution and ordinance to Adopt Financial Policies. BACKGROUND: In September of 2014, City Council adopted financial policies by motion to be used in the deliberation of financial matters and budgeting. Adoption of said policies by ordinance will enhance the transparency of financial management expectations and place into record the detailed policy parameters to be used moving forward. RECOMMENDATION: Recommend City Council adopt the attached resolution. Ms. Birch gave an overview and stated that they will only be considering the resolution and not the ordinance. There was discussion among City Council Members and staff. Council Member Hill made a motion to approve to approve the resolution adopting the City’s Financial Policy. The motion was seconded by Council Member Myers. *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 - 14 – ______________________________________________________________________________ Ms. Jackson opened the floor for public comment. Seeing no hands, Ms. Jackson closed the public comments. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Myers, Hill, Hart and Parham 17-R-17 A RESOLUTION ADOPTING CITY FINANCIAL POLICIES. f. Consideration to Approve, Amend and Ratify the Robert Bobb Group, LLC Contract #17-0003. BACKGROUND: On October 24, 2016, the City Council directed the Interim City Manager to contract with the Robert Bobb Group, LLC pursuant to Section 2-293 of the Cod of Petersburg and Section 2.2- 403F “Emergency Procurement” of the Virginia State Code. Section 3 “General Terms and Conditions” and Section J “Changes to the Contract” of contract #17-0003 with the RBG and the City, stipulates that upon mutual consent between RBG and the City Council a change to this contract must be approved and entered upon the minutes. The City Council voted and approved on March 21, 2017 to “direct and allow City’s Operations, Budget and Purchasing Manager to finalize and execute the Contract extension and Change Order documents on behalf of the City.” Of two phases proposed by RBG, LLC in the below amounts: Phase 2 (March 26, 2017 through June 30, 2017) $287,639 Phase 3 (July 1, 2017 through September 30, 2017) $232,500 RECOMMENDATION: Recommend Council approve, amend and ratify Contract #17-0003 Amendment #1. As provided above and direct the Interim City Manager to direct and allow City’s Operations, Budget and Purchasing Manager to finalize and execute the Contract Amendment and Change Order documents on behalf of the City. Council Member Hill made a motion to approve, amend and ratify Contract #17-0003 Amendment #1. As provided above and direct the Interim City Manager to direct and allow City’s Operations, Budget and Purchasing Manager to finalize and execute the Contract Amendment and Change Order documents on behalf of the City. The motion was seconded by Council Member Myers. There was discussion among City Council Members. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson- Smith, Myers, Hill, Hart and Parham Council Member Cuthbert gave a report from the Adhoc Committee meeting. Council Member Cuthbert made a motion to make the General District Court the permanent place for the City Council meetings. The motion was seconded by Council Member Hill. There was discussion on the motion between City Council Members. Council Member stated that he would like to have a joint meeting with the Adhoc Water and Sewer Committee on April 13th to get a report from the committee on the information that they have been discussing. Council Member Wilson-Smith stated that the public should be able to speak in regards to whether to make the General District Court the permanent place for meetings. She stated that she has a problem with the lighting at the train station but that she also has a problem with the lighting in the General District Court. *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 - 15 – ______________________________________________________________________________ Council Member Cuthbert stated that he will withdraw his motion. Council Member Cuthbert made a motion to approve a resolution requesting the Acting City Manager, with the support of appropriate staff, after study, to issue a report to include his recommendations relating to the appointment of a collector of City taxes and that such report shall include prospective duties, staffing, office location, and associated fiscal impact. The Acting City Manager shall deliver the report to the Clerk of Council before Thursday, April 27, 2017, so that the Clerk may include the report in Council’s agenda packet for the Council’s May 2, 2017, meeting for possible action at that time. The motion was seconded by Council Member Hill. Ms. Jackson opened the floor for public comments. Robert Williams, 2230 Richmond Avenue, stated that this is just more expenses for the citizens and that this is ridiculous. Seeing no further hands, Ms. Jackson closed the public comments. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Hill and Parham; Voting No: Myers and Hart Council Member Wilson-Smith stated that she spoke with Marnelle FanFan in regards to having a parade or citywide event for Frank Mason III and all his accomplishments and awards in basketball. She stated that she had a question in regards to the doors to City Hall locking at 4pm. She stated that she has been receiving calls and information stating that the doors to City Hall are being locked at 4pm. She asked whether there are new business hours in the City that she is not aware or is there a particular reason why the doors are locked. Ms. Jackson stated that the doors are not locked but that they swell up and get stuck so they are difficult to open when exiting or coming into City Hall. Council Member Wilson-Smith asked Mr. Tyrrell if he can have someone to look in the problems with the door. She stated that she would like to also set a date for performance evaluations of City Council appointees. She stated that she received an email from Mr. Flynn in regards to have a set of information on the ballot on whether the citizens would like to vote on a Mayor. She stated that she has passed out information on what the ballot looks like and that if council agrees she will submit this information. Council Member Wilson-Smith made a motion to adopt the ballot as stated. The motion was seconded by Council Member Smith-Lee. There was discussion on the motion among City Council. Council Member Cuthbert made a substitute motion to schedule for the 2nd meeting in May for further discussion on the ballot. The motion was seconded by Council Member Myers. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Myers, Hill, Hart and Parham; Voting No: Smith-Lee and Wilson-Smith Council Member Smith-Lee stated that she will be having a Ward 6 Meeting on April 13, 2017, at the Pecan Acres Community Center beginning at 6:00pm. Council Member Hill thanked the citizens and staff for attending the meeting and staying so late. He stated that he would like everyone to look over and read the Rules of Council. He stated that they need to look *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 - 16 – ______________________________________________________________________________ over the structure on how long Council Members speak. He stated that the public speaks for three minutes on subject matters but that members of council take a longer time on different subjects. Vice Mayor Hart stated that his citizens of the month award go to Linda Grant in the Ramblewood area. Mayor Parham stated that the Department of Corrections will be having a public hearing on April 5, 2017, beginning at 6:30pm at the Union Train Station in regards to probation and parole relocating to a building in Petersburg. He stated that the building is the old Child Support Services building. He stated that he invites all to come out and attend the public hearing. 11. ITEMS REMOVED FROM CONSENT: *No items for this portion of the agenda. 12. UNFINISHED BUSINESS: *No items for this portion of the agenda. 13. NEW BUSINESS: *No items for this portion of the agenda. 14. REPORTS/RESPONSES TO PREVIOUS PUBLIC INFORMATION PERIOD: *No items for this portion of the agenda. 15. CITY MANAGER’S AGENDA: a. City Manager’s Report b. Robert Bobb Group Report Mr. Tyrrell gave an update on responses to questions from the public information period. He also gave an update on the fire hydrants in the City with Chief Sturdivant. There was discussion among City Council Members. Mr. Bobb gave an update on goals that have been completed by the Robert Bobb Group. *Link of the PowerPoint presentation: http://www.petersburgva.gov/DocumentCenter/View/2677 Vice Mayor Hart made a motion to the Council Appointees receive their 10% back effective July 1, 2017. The motion was seconded by Council Member Myers. There was discussion among Council Members. Council Member Cuthbert made a motion to postpone giving back the 10% until performance evaluations are done on the council appointees. Council Member Cuthbert motion dies due to lack of a second. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-smith, Myers, Hill, Hart and Parham *Audio available  Minutes from the Petersburg City Council meeting held on: April 4, 2017 - 17 – ______________________________________________________________________________ 16. BUSINESS OR REPORTS FROM THE CITY CLERK: There are no items for the business or reports from the City Clerk. 17. BUSINESS OR REPORTS FROM THE CITY ATTORNEY: Mr. Preston stated that there is a littering law in the City of Petersburg. He stated that it is 94.2 in the Municipal Code of Virginia and that it is a Class 1 misdemeanor if you are caught littering. He stated also that the McKenney library does revert to the family if it does not remain as a library in operation. He stated that they are contacting the family in regards to turning the property back over to them. 18. ADJOURNMENT: City Council adjourned at 10:47 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor *Audio available