City Council

Minutes from the Petersburg City Council meeting held on: September 19, 2017 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, September 19, 2017, at the Union Train Station. Mayor Parham called the meeting to order at 6:32p.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: City Manager Aretha R. Ferrell-Benavides 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 (1) of the Code of Virginia, 1950 as amended, council will be in closed session to discuss the performance of specific public officers. Council Member Myers moved that the City Council go into closed session for the purposes noted by the City Attorney. The motion was seconded by Council Member Cuthbert. 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 6:34 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. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Myers, Hill, Hart and Parham 17-R-55 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 *Audio available  Minutes from the Petersburg City Council meeting held on: September 19, 2017 -2– ______________________________________________________________________________ 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. 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, “I like to start off with a quick ‘Positive Petersburg Story.’ Today I like to recognize Deputy City Manager, Ms. Darnetta Tyus. She jumped right in her first week here with her City of Petersburg Office of Volunteers and Community Engagement. She has debuted the Petersburg Community Ambassador Program. This program will be led by Ms. Tyus and Mrs. Tami Yerby. The program is currently recruiting citizens who are interested in volunteering their time and skills for the betterment of our City. Volunteer opportunities include beatification, special events and long-term service within our City departments. Ms. Tyus please stand up. I would like to recognize you for supporting the volunteers. So, for everyone who is looking to get engaged to volunteer for the City, please see Ms. Tyus who will put you to work.” 5. PROCLAMATIONS/RECOGNITIONS: *No items for this portion of the agenda. 6. COMMUNICATIONS/SPECIAL REPORTS: a. Robert Bobb’s Report - *Has been removed from the agenda. b. City Manager’s Report. Mrs. Benavides stated that City Council should have received a copy of her report. She stated that they will be basically talking about some of the hot topics that has been going on in the City. She stated that the City has worked and talked with the school district with covering the $1 million additional dollars to cover the City’s debt service. She stated that recently the City recovered 33 illegal firearms taken off the street. She stated that utilities will be replacing six inch meters. She stated that they are also fortunate today to have a young man join them, Mr. Terrance Arrington, who started on September 18th. She asked Mr. Arrington to stand. She stated that Terrance Arrington has joined the City as the new Director of Billing and Collections. She stated that Mr. Arrington most recently served as County Manager and Administrator in South Carolina. She stated that he was also Deputy City Manager in Salisbury, Maryland. She stated that he has been tasked with helping the City pull together the billing and collections combining department. She stated that Mr. Bobb’s organization is working on the details. She stated that they brought him on board because they needed someone on site to help manage the project. She stated that their goal in the end is that they bring billing and collections under one unit so that when citizens go out and they have an issue they can go to one area. She stated that Petersburg Social Services will be hosting a job fair at First Baptist Church on September 22nd. She stated that the Annual Grapes and Hops Festival will be on September 30th and that Virginia State University homecoming parade will be in the City of Petersburg on October 14th. She stated that Petersburg Halloween Half Marathon and 5K will be on October 21st and Petersburg Holiday Parade is scheduled for December 2nd. She stated that City Council received a memo from her stating that the City owes the schools $1 million in arrears. She stated that the City will provide this funding through the savings that will occur from the debt service budgeted line items. She stated that the City will need less funding to pay for its debt service. She stated that they will bring *Audio available  Minutes from the Petersburg City Council meeting held on: September 19, 2017 -3– ______________________________________________________________________________ back a couple of appropriations adjustments of an additional $1 million and all the debt owed to the schools. c. Monthly Financial Report. Blake Rane, Finance Director, stated that the reports that they are doing tonight are for the months of July and August. He stated that he apologizes for not having printed out. He stated that they are a little red tagged now. He stated that they have what they have in the system today. He stated that they are 8.3% received of revenue in the general fund. He stated that with utilities the City is 16.67%. He stated that public utilities are in pretty good shape. He stated that they will be watching this as all the new programs come in place. He stated that transit is at about one half of where they need to be. He stated that their revenue is received one month in arrears. He stated that there is information on the PowerPoint on general taxes and revenues. He stated that the local taxes are close. He stated that there is an amount that comes in during the mid-month that is arrears. He stated that there are a couple of items that they are working on in finance that are miscellaneous. He stated that they are concerned about this. He stated that they will control the spending to see how things go. He stated that the general fund is broken down into categories. He stated that he has met with the schools and that they are working out a plan to get them what they need. He stated that they are not going to make them rich but will do the best to make sure that they are not in a hardship situation. There was discussion among City Council Members and staff. 7. CONSENT AGENDA (to include minutes of previous meeting/s): a. Minutes: Regular Meeting: September 5, 2017 b. Schedule a public hearing to amend Enhanced Emergency Telephone Services Code (Chapter 106, Article IX, Division 4, Sec.106-363 and Sec. 106-3640 to increase the fees levied by the City upon each purchaser of local exchange or cellular telephone. c. Schedule a public hearing for the Resolution to Issue, Sale and Award of a General Obligation Revenue Anticipation Note Series 2018. Council Member Myers made a motion to accept the Consent Agenda and schedule the public hearings for October 3, 2017. 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: *No items for this portion of the agenda. 9. 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 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. Vice Mayor Hart made a motion to allow a three-minute period for each speaker. The motion was seconded by Council Member Smith-Lee. The motion was approved on roll call. On roll call vote, voting yes: *Audio available  Minutes from the Petersburg City Council meeting held on: September 19, 2017 -4– ______________________________________________________________________________ Cuthbert, Smith-Lee, Wilson-Smith, Myers, Hill, Hart and Parham Bruce Donald, 533 High Street, stated that at the September 5th meeting Robert Bobb stated that the City had a negative $7.7 million-dollar fund balance and that no amount of improved collection or sales of real estate taxes would generate the fund balance to what it needed. He stated that as usual the only solution is the one-time liquidity event. He stated that he would like them to consider increasing the collection rate to over 90% over utilities that will generate an additional $2 million annually. He stated that if they would freeze the FY18 budget to the FY17 levels, the City would generate an additional $9.3 million dollars. He stated that these two actions along would generate $11 million dollars annually. He stated that this is more than enough to cover the negative fund balances. He stated that they should be glad that they were not steadfast in selling the water system as it is now generating $2.4 million in revenue annually to the City. He asked why they cannot open the envelope on the sale of the excess capacity to Chesterfield. He stated that if the City needs a liquidity event why not sale the excess water capacity to Chesterfield. He stated that in closing the new City Manager deserves her opportunity to do her job without anyone looking over her shoulder. He stated that if the City needs an auditor why not select an independent auditor who will come without an agenda. Linwood Christian, 613 St. Matthew Street, stated that on behalf of the Harding Neighborhood Association they would like to thank the City Manager, Police Chief, Members of Council, Members of the School Board and the Sheriff Department on their attendance to their meeting. He stated that he was very glad that they all came. He stated that it was very informative for people who had not been there before. He stated that they learned and got the chance to know who is who now. He stated that they are still playing catch on some things. He stated that they had to let them know that Council Member Myers is no longer the Mayor and that Mr. Parham is now the Mayor. He stated that they still have a lot of work to do. He stated that they thank everyone for attending. He stated that he hopes that more will come out. He stated that the City now has a City Manager and she has already showed what she is capable of. He stated that he cannot see them bringing anyone in from outside. He stated that they should allow her to do what they hired her to do which is to keep the City on track. He stated to City Council that when things start happening the citizens are not going to allow them to throw her under the bus. He stated that they all hired her and that the citizens elected City Council to make wise decisions. He stated that at the top of Sycamore Street making the illegal left turn on Shore Street, the sign needs to be bigger. He stated that there are still people making that turn. He stated that early in the morning the traffic is bad. He stated that nothing has happened yet but there may be a serious accident that happens right there. He stated that they need to know when the technology of billing going to be put in place. He stated that he thinks that it is unfair for the employees in that department to feel the raff of citizens because the water bill was not right. Barb Rudolph, 1675 Mt. Vernon Street, stated that she has several different items. She stated that the first is the forensic audit. She stated that back in late June it was talked about coming out in August. She stated that she thinks that even Tom Tyrrell was quoted in the press saying the same thing. She stated that the Robert Bobb Group has made several presentations in July and August. She stated that they have shown it on their charts as being done in August and that now it is September 19th. She stated that the approval for the forensic audit was approved 19 months ago, and stated that she knows that somewhere something has been done and that there is a draft of the complete forensic audit out there. She stated that she believes that the public has a strong interest in this. She stated that when City Council does receive it that they receive information on this as well. She stated that another item is state money that is coming in that Robert Bobb talked about two weeks ago, and that she knows that some of this is on the agenda tonight to be appropriated. She stated that she hopes that as the appropriation action is discussed that there will be public comments. She stated that there are a number of them that feel strongly about a list of items on the list that is self-serving. She stated that there may be some alternatives to pursue. She stated that her last comment is on the liquidity event. She stated that she was looking back to March 1st when Robert Bobb came before council and said that they need an extension. She stated that back then in March Mr. Bobb had a couple of things that he was to complete in Phase 2 and Phase 3. She stated that one was the PPEA and that this was presented as a way to *Audio available  Minutes from the Petersburg City Council meeting held on: September 19, 2017 -5– ______________________________________________________________________________ improve maintenance of the aging infrastructure. She stated that the separate item was selling the water capacity to ARWA. She stated that his timeline stated that they were going to negotiate the excess capacity in May. She asked what happened to this. She stated that she hopes that City Council will be asking what happened to this item. She stated that this is not the same thing as the PPEA but it would provide money to the City. She stated that she hopes that City Council will follow up on this. Ron Flock, 1708 Pender Avenue, stated that it would be gracious of City Council to suspend the Rules of Council on the discussion of the return of the Robert Bobb Group coming back in April. He stated that he feels strongly that they need this information for the audit. He stated that he is not sure how many members read his email today. He stated that he tried to implore upon City Council that through circumstances over the last two years that there is a slight growth of trust towards all of council. He stated that they have done things that the citizens approve of more often than in the past and that they appreciate this. He stated that in his email part of it contained giving them the opportunity to speak on that issue. He stated that the air is somewhat lighter without Mr. Bobb. He stated that it feels like a better day in Petersburg. Rhonda Donald, 533 High Street, stated that the Robert Bobb Group has self-serving requested that City Council approves them coming back in April of next year to conduct a performance review. She asked what right does he have to come back and evaluate anything. She stated that the City has a new City Manager in place and that she needs to be allowed to do her job without anyone looking over her shoulder. She stated that she finds it insulting that he has gone to the state to secure funds for himself again. She stated that as a tax payer she says no to this expenditure and that she hopes that City Council will too. She stated that after all the City will not get the $50,000 Mr. Bobb will. She stated that he would get paid to come in and pat himself on the back for all of his accomplishments or to scold the City for not adhering to him. She stated that it will also be likely another chance to shove the PPEA to the City again. She stated that given his track record in the City it would be wasteful to give the group another dime. She stated he did not fix the billing issue after being here for nearly a year. She stated that the collection of City taxes and utility bills has not significantly improved. She stated that he did not make any real spending cuts. She stated that instead he put forth a budget already spending $10 million dollars. He stated that he brought in top managers and let go of cashiers that were needed to handle transactions. She stated that the added insults and injuries is that the City paid him around $1 million dollars. She stated that she would characterize Mr. Bobb as a self-centered bully. She stated that his single mind instant on selling the water system. She stated that it is almost as if he was a salesman for Aqua and American Water. She stated that the City needs to send Mr. Bobb packing. Mamie Hamilton, 1216 Northampton Drive, stated that she has three items for tonight. She stated that one is past due. She stated that one has been since 2014 if she can remember. She stated that this is in reference to her driveway. She stated that the speed bump was put in her driveway in 2014 around September or October. She stated that at that time the director was Mr. Hicks. She stated you can see the front end of her car. She stated that she used to be able to come over it because she had an SUV. She stated that now he has a smaller car and that she cannot get out the driveway. She stated that the car that her husband drives has been damaged by the speed bump. She stated that when she has visitors come to her home they park at the end of her driveway. She stated that it is literally a speed. She stated that Mr. Hicks did come out to her property and stated that he does not know why they did it this way. She stated that this was also the night that he got an outstanding award for doing a great for the City and that she had to come behind him and state the problems with her driveway. She stated that spoke to then Mayor Myers and he stated that he would handle the situation and that his was also in 2014. She stated that she stands before them tonight and that the problem still is not fixed. She stated that she refuses to mess up her car for something that the City has done. She stated that the second thing is that where they live on Northampton Road there is a strip of power lines and trees. She stated that the this is responsibility of the City. She stated that they have cut it several times. She stated that this time the grass is back up the fence. She stated that she called August 21st and she was told that they put her on the schedule and that they were going to get to her as soon as possible. She stated that she called back on September 13th and no one answered the phone. She stated that she refuses to call *Audio available  Minutes from the Petersburg City Council meeting held on: September 19, 2017 -6– ______________________________________________________________________________ the City and leave a voice message on the telephone. She stated that September 19th she called and spoke with Sharon Hudson around 1:45pm. She stated that she was put on hold and then told that the order was in the stack to be done as soon as possible. She stated that this was the same thing that she was told on August 28th. She asked have they thought about the same person that rides around Petersburg putting signs on City property when the grass needs cutting. She asked can they use this same person to tag City property when the grass needs to be cut. She stated that this would-be money saved. She stated that she will not talk about her water bill that has gone up $15. Gloria Person-Brown, 1557 South Sycamore Street, stated that she wanted to first start of and thank the City for cutting the Cameron Field parking lot where the weeds were her height. She stated that she brought it to the attention of City Council at a few City Council meetings ago. She stated that she would like to thank them for this. She stated that she has a couple of things that she would like to hit and put out there. She stated that in cleaning up the City there has been a lot of talk about blighted properties. She stated that she knows that when she came to Petersburg in the early 2000s this was the height of all the historic blocks. She stated she thinks that this door has closed. She stated that they have all found out that dealing with historic homes is a beast. She stated that she does not know when that opportunity will come back around. She stated that she is looking at what she has seen in other cities. She stated that she has property in Baltimore and that she sees that Baltimore is raising properties. She stated that she is putting out there that if they can look at the properties that are empty or older than 25 years and empty. She stated that they should send a letter to property owners and let them know that the property has potential of having the amount raised. She stated that this can be an option of income and clearing stuff out. She stated that she would like them to talk about bringing a whole foods store into the City. She stated that she wanted to find out about the past movie productions. She stated that Robert Bobb also spoke on disposition of properties and that she wanted to know the outcome of this and how much revenue the City received from this. 10. BUSINESS OR REPORTS FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: Council Member Cuthbert stated that he has a couple of issues. He stated that he would like to turn to the issue of the Interim City Assessor. Council Member Cuthbert made a motion that the City names Aretha Ferrell-Benavides the Interim City Assessor and direct her to outsource the City Assessor’s job until City Council hires a permanent City Assessor. 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 17-R-56 A RESOLUTION APPOINTING ARETHA FERRELL-BENAVIDES AS THE INTERIM CITY ASSESSOR AND DIRECTING HER TO OUTSOURCE THE CITY ASSESOR’S JOB UNTIL CITY COUNCIL HIRES A PERMANENT CITY ASSESSOR. Council Member Cuthbert stated that the next thing that he would like to bring to City Council’s attention is a couple of sentences that he finds fascinating from a book that he read and that he recommends to anyone that is interested in Petersburg History. He stated that it is titled “Petersburg’s Story a History.” He stated that it was published in Petersburg in 1960. He stated that perhaps some people have already read. He stated that it gives information on the past and insight on the present and future. He stated that he wants to read a couple of sentences on page 294. He read, “Probably the greatest factor in keeping Petersburg’s economy on an even keel is the diversity of its industries. In addition to luggage, optical goods, tobacco and cigarettes, lumber products and fountain pens, there can be found in the city or nearby: iron works, cast stone manufacture, pharmaceutical production, manufacture of ball bearings, sand and gravel production and furniture making, which would indicate that in 1959 and for years to come, Petersburg is reasonably safe industrially unless a national depression should cause a slump in every kind of endeavor.” He stated that he wishes that this was true and that everyone in the room wishes that prediction written in 1959 reflected today’s reality. He stated *Audio available  Minutes from the Petersburg City Council meeting held on: September 19, 2017 -7– ______________________________________________________________________________ that they know that it does not. He stated that it is essential that in making decisions today they have to take into account the consequences to what we decide. He stated that it is bitter sweet. He stated that it was a bowl of cold in his face when he read the information the other day. Council Member Wilson-Smith stated that she has several items. She stated that the first item is that she wants to ask Mrs. Ferrell Benavides if she can direct someone to revisit the payment of the utility bills that go all the way to Baltimore. She stated that she spoke with the current treasurer and that she knows that this is not something that City Council voted and agreed upon. She stated that it seems to cause problems when accounts are being given credit because the information is going all the way to Baltimore. She stated that she understands that there was a bank in Petersburg that did want to service the City. She stated that if they are promoting the City then they need to promote the City from within the City. She stated that they would like to look at reversing this process. She stated that the second thing is that she would like a hierarchy chart showing where the new employees are going. She stated that it would help her to have a visual. She stated that she would like to see the line items and how the budget was adjusted to have the new people added in it. She stated that she has asked a couple of times by email for a copy of the report. She stated that she has not received it yet. She stated that she does agree with the citizens in asking for the report. She stated that it is an important document that they need to be looking at and what not to do again and how to not repeat bad history. She stated that another thing that she would like is that if City Council can get a traffic report on the street lights that were removed from the City. She stated that there have not been in further studies since the lights have been removed. She asked who are the members of the agenda team. She stated that she has heard this term and she would like to know who is meeting to establish the agendas. Ms. Jackson stated that the agenda team consist of the herself, City Manager, City Attorney, Ms. Harris and whomever puts in the request for certain agenda items going on the agenda. Council Member Wilson-Smith asked what is Ms. Harris in the capacity for. Mrs. Benavides stated that Ms. Harris facilitates all of the data that comes in from the departments. She stated that she goes through and make sure that everything is turned in as well as go through and look at the accuracy of the report on her behalf. Council Member Wilson-Smith stated that she would like to ask that the team include either the Mayor or Vice Mayor. He stated that it is City Council’s agenda and that she thinks that one of them should be involved. Council Member Smith-Lee stated that she would like to thank Cavalry Temple Church that is located on Dunlop Street. She stated that the City, City Council, City Manager and Public Works all went out and cleaned up Dunlop Street and from Washing Street all the way down to Commerce Street. She stated that it was amazing to see what a group of people can do in the community together. She stated that if you ride by you can see how clean it looks. She stated there are a couple of men that stand on the corner but that the corner is still clean. She stated that sometimes when they take the step to do something than others follow suit. She stated that she appreciates the Cavalry Temple Church. She stated that she would like to thank everyone for attending her ward meeting on Thursday, September 7th at A. P. Hill Elementary School with the City Manager. She stated that they had a delightful time. She stated that her husband was gracious enough to fry fish and all the citizens that participated brought food dishes. She stated that her next meeting will be on October 12th, at A. P. Hill Elementary School. She stated that she wants the citizens to support the youth in the City of Petersburg. She stated that this is the time of the year when they have sports. She stated that she wants them to know that they should cast their vote for Mr. Upton Bailey as “Athlete of the Week.” She stated that they can go on Progress-Index website and go to the sports page. She stated that this young man carried 20 and rushed for 224 yards and two touchdowns in a recent game and that they only lost by three points. She stated that if they can engage in letting the youth know how they feel and support them this would make the *Audio available  Minutes from the Petersburg City Council meeting held on: September 19, 2017 -8– ______________________________________________________________________________ children happy and excited. She stated that homecoming is October 6th and that everyone should come out and support them. Council Member Myers stated that he would like to thank Ms. Delores Smith and Mr. Linwood Christian for inviting him to their Harding Street Association Meeting as well as staff and appointees. He stated that it was quite some information that they received and that he certainly enjoyed being there. Council Member Hill stated that he would like to thank the Calvary Baptist Temple Church for also inviting him. He stated that they had a great time with the staff. He stated that he would like to thank Council Member Smith-Lee for allowing other council members to come in her ward to help clean up. He stated that there is a housing authority sheet in front of all of them and that if the look at the board one of the areas that they appointed someone to fill in term expired. Council Member Hill made a motion that Leonard Muse be reappointed to the Housing Authority for the full term. 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 17-R-57 A RESOLUTION REAPPOINTING LEONARD MUSE TO THE PETERSBURG REDEVELOPMENT AND HOUSING AUTHORITY FOR A TERM ENDING SEPTEMBER 30, 2021. Council Member Hill stated that he will be having a Town Hall Meeting in the month of October and that the date will be announced. He stated that he would also like to request an update on the audit report as soon as possible. He stated that on the corner of Bollingbrook and Sycamore Street this was one of the areas where the traffic lights were taken down. He stated that there needs to be a larger stop sign at this location. He stated that people are continuing to run the stop sign. He stated that he would like to thank the City Manager and the Police Chief for coming out to the Berkeley Manor Neighborhood Association Meeting on Sunday before last. He stated that he would like to talk about closed sessions. He stated that he would like to look at in the future and moving the closed sessions up to earlier time. Vice Mayor Hart stated that Ward 7 will be having a joint meeting this coming Monday at J.E.B. Stuart School at 6:30pm. He stated that all is invited to attend. He stated that one thing that he would like to put out to citizens is that the City does not control the mail. He stated that he has been getting phone calls regarding the mail running late or not at all. He stated that he apologizes that the mail is being delivered late in the evening. He stated that he thinks that this is very dangerous for the mail carrier to be out so late. He stated that he agrees with the public that the forensic audit needs to be explained to City Council and the citizens by the audit team. He stated that they were paid a significant amount of money and that they are supposed to provide a report. He stated that he would like to thank Michelle Peters for standing in the gap and speaking with the student from Virginia State University. He stated that the student is really excited in shadowing Mrs. Peters. He stated that there are a couple of things going on throughout the City. He stated that he knows that cleaning up the City is huge. He asked everyone to be patient with City Council and the City with cleaning up. He stated that to everyone that if possible can they keep the trash in their cars. Mayor Parham stated that he has a list of things. He stated that he wanted to thank the police department and fire department for the ‘Guns and Hoses Blood Drive.” He stated that it was a huge success in the City. He stated that he wanted to thank Chief Miller and Chief Rubin for spear heading this project. He stated that it is always good when the department come together and work as a team. He stated that he would like to thank everyone for coming out to his Ward 3 meeting. He stated that last Thursday they toured the State of the Art Vernon Johns Middle School. He stated that the School Board Chairman, Kenneth Pritchett and City Manager Aretha Ferrell-Benavides and the School Board Superintendent, Dr. Marcus Newsome attended. He stated that it was a great event. He stated that there will be a game changer in the City of Petersburg. He *Audio available  Minutes from the Petersburg City Council meeting held on: September 19, 2017 -9– ______________________________________________________________________________ stated that he would like to congratulate Sheriff Vanessa Crawford as being elected as the President of the Virginia Sheriff Association. He stated that this was a huge event. He stated that they were all thrilled to congratulate Sheriff Crawford. He stated that the last couple of weeks have been busy in the City with new businesses opening. He stated that Fat Tuesday opening with a soft opening this past weekend. He stated that it was people everywhere. He stated that they celebrated on Crater Road the re-grand opening of the Walmart. He stated that the Petersburg Out and Proud Event was another major event that happened over the weekend as well. He stated that it was very well attended. He stated that this Thursday at 10am, Sheriff Crawford will be having her Annual Re-Entry Program. He stated that it will be at Good Shepherd Baptist Church. 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: a. Consideration of an appropriation for additional funds received by the Commonwealth of Virginia. BACKGROUND: The City received $420,210 from the State. After our analysis $215,000 relates to the General Fund for FY2018 [ Items 1, 2, 3 & 5 on the attached schedule]; $19,675 relates to Enterprise Funds for FY2018 [ Item 8]; $85,535 relates to the General Fund for FY2017 [ Items 6, 7, 9 & 10]; and $100,000 relates to Enterprise Funds for FY2017 [ Item 4]. This item will provide budget for items that are to occur in the future. Additionally, the funds were received in time for the FY 2017 items to be included in the FY 2017 audit. RECOMMENDATION: Staff recommends that the City Council approve the appropriation ordinance for $125,000 and the appropriation ordinance for $19,675 Ms. Jackson opened the floor for public comments. Barb Rudolph, 1675 Mt. Vernon Street, stated that she would like to thank Council Member Cuthbert for checking on the public comments. She stated that this is a mixed bag of things. She stated that there are several items on here that are Robert Bobb Group. She stated that one is another agenda item that is on the April 2018 performance review. She stated that she is assuming that they will talk about this separately. She stated that others have mentioned the $50,000 for the performance review. She stated that this is something regarding a performance review that should be done in an independent fashion. She stated that she does not believe that this will happen if the Bobb Group did it. She stated that she mentioned earlier that Bob is the person that went to the state and had a list of things that could be funded by the state. She stated that this would be good if there was something from City Council or the City Manager that can propose some alternative uses for that money. She stated that this action is not something that it should be used for. She stated that City Council supporting this is not something that is supporting the new City Manager and staff. She stated that she thinks that they are all done with the Robert Bobb Group. She stated that there are some other things that are on the list that she has questions about. She stated that she hopes that the City takes the money and give to the treasurer because they already paid Mr. Bobb to do this. She stated that she is not sure if Bob is involved with the training with City Council. She stated that if he is that she would question that as well. She stated that there are some things on the list that were already budgeted. She stated that the question would be is this new money. *Audio available  Minutes from the Petersburg City Council meeting held on: September 19, 2017 - 10 – ______________________________________________________________________________ Ron Flock, 1708 Pender Avenue, stated that he wanted to make sure that he got to speak on the coming back in April. He stated that this is a conflict of interest on the part of the Robert Bobb Group appropriating this money from the state on the City’s behalf so that he can further entrench himself with the City in the future. He stated that the City has a new City Manager and that they would all like to give her the full faith of confidence that she deserves to do this job. He stated that he hopes at this point they sever the relationship with the Robert Bobb Group and let the people that they have all decided to be responsible and do their jobs. He stated that they should not be put off until April. Bruce Donald, 533 High Street, stated that his comments are relative to the audit function. He stated that his question is does Robert Bobb truly represent the best interest of the City or does he represent the interest of the water companies. He stated that Mr. Bobb has reversed the physical posterity in place prior to his arrival and instead led the chart for a reckless percent increase in spending. He stated that Mr. Bobb has ignored the sale of the City’s access water capacity and has instead relentlessly focused on the PPEA. He stated that he does not think that it is fair to the new City Manager. He stated that if the City does need an auditor then they should hire an independent auditor. Gloria Person-Brown, 1557 South Sycamore Street, stated that it seems like the relationship between the Robert Bobb Group and the constituents in the City of Petersburg has been at best very tense. She stated that the goal and that part of his purpose with the City was to get people in place that can move the City forward. She stated that now she feels that the City has people in place that are not questionable. She stated that they have an awesome team of professionals to move the City forward. She stated that they do not need to continue to invest with Mr. Bobb and his group. She stated that they were given a six-month extension and that she understands that business is business. She stated that they need to now close the book and now decide what is best for the City. She stated that they must move forward and build a stronger Petersburg. Linwood Christian, 613 St. Matthew Street, stated that for a moment he was wondering where Council Member was going with the passage that he read out of the book. He stated that now to some degree he can see where he was going. He stated that it is sad that they must come back that way. He stated that when Mr. Bobb came to the City many thought that this would be a long-term effect. He stated that he thinks that it will whether they see it or not. He stated that at the time he just helped them get back somewhere. He stated that the way that City Council brought Mr. Bobb to the City was not right. He stated that now the City has a City Manager in place. He stated that this is one of the things that he stayed on Mr. Bobb about. He stated that he got tired of seeing his little puppets in the City. He stated that the City now as someone that is capable and willing to get the City going on the path that Mr. Bobb got them on. He stated that there have been too many times where the City has hired people as City Manager that they have let run amuck. He stated that he hopes that council is going to make a decision that allows the City Manager and her team do what they are supposed to do. He stated that one of his biggest problems is that the took money from recreation staff to pay Mr. Bobb. Seeing no further hands, Ms. Jackson closed the public comments. There was discussion among City Council and staff. Council Member Myers made a motion to approve the attached appropriation for $125,000 and the appropriation ordinance for $19,675. The motion was seconded by Council Member Cuthbert. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Myers, Hill, Hart and Parham; Voting No: Wilson-Smith 17-ORD-41 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATION FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2017, AND ENDING JUNE 30, 2018, IN THE GENERAL FUND IN THE AMOUNT OF $125,000 FOR PETERSBURG FUTURE SERVICES. *Audio available  Minutes from the Petersburg City Council meeting held on: September 19, 2017 - 11 – ______________________________________________________________________________ 17-ORD-42 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATION FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2017, AND ENDING JUNE 30, 2018, IN THE PUBLIC UTILITIES FUND IN THE AMOUNT OF $19,675 FOR PETERSBURG FUTURE SERVICES. b. Consideration of an appropriation for fund received by the Petersburg Fire Department into the Special Fund. BACKGROUND: The Fire Department received three grants for various purposes which require an appropriation into the Special Fund. The Four-For-Life program, as amended in 2000, stipulates that four additional dollars be charged and collected at the time of registration of each passenger vehicle, pickup, and panel truck. The funds collected, pursuant to Section 46.2-694, Code of Virginia, shall be used only for emergency medical services. The law further states that the Department of Health shall return twenty-six percent (26%) of the registration fees collected to the locality wherein such vehicle is registered to provide funding for: 1. The training of volunteer or salaried emergency medical service personnel of licensed, nonprofit emergency medical services agencies; or 2. The purchase of necessary equipment and supplies for licensed, nonprofit emergency medical service agencies. The Department is expected to receive $26,266.24. The Virginia Fire Programs Fund is derived from one percent of fire-related insurance coverage. Approximately 75 percent of the total fund goes directly to counties, cities and incorporated towns within the Commonwealth as Aid to Localities (ATL). ATL provides Virginia cities, towns and counties with funds to pay for training, construction of training centers, firefighting equipment and protective clothing. Allocations are population-based. The City is expected to receive $105,207 in September 2017. Homeland Security granted the City of Petersburg funding in the amount of $10,675.00. These funds will be used to improve and enhance the Emergency Operations Center (EOC) operations in the areas of Planning, Training and Exercises, Situational Awareness, and Capability Reporting. RECOMMENDATION: Recommend that Council approve the appropriation ordinance for the LEMP Grant for $10,676, the Fire Programs Fund Aid for $105,207, and Four-For-Life for $26,266.24 for a total appropriation of $142,48.24. Ms. Jackson opened the floor for public comments. Seeing no hands, Ms. Jackson closed the public hearing. Council Member Hill made a motion to approve the appropriation ordinance for the LEMP Grant for $10,676, the Fire Programs Fund Aid for $105,207, and Four-For-Life for $26,266.24 for a total appropriation of $142,48.24. The motion was seconded by Council Member Myers. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Myers, Hill, Hart and Parham 17-ORD-43 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATION FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2017, AND ENDING JUNE 30, 2018, IN THE GRANTS REVENUE FUND IN THE AMOUNT OF $142,148.24 FOR PETERSBURG FIRE. c. Consideration of an appointment(s) to the Economic Development Authority. *Audio available  Minutes from the Petersburg City Council meeting held on: September 19, 2017 - 12 – ______________________________________________________________________________ BACKGROUND: The Economic Development Authority consists 7 members appointed by City Council. The duties of the board include, but are not limited to, the following: The Authority shall have the powers to acquire, own lease, and dispose of properties. Such authority may be able to promote industry and develop trade by inducting manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the Commonwealth and further the use of its agricultural products and natural resources; to issue its bonds for the purpose of carrying out any of its powers. RECOMMENDATION: Recommend Council make an appointment to the Economic Development Authority. Vice Mayor Hart made a motion to reappoint Gloria Brown and Richard Taylor to the Economic Development Authority. The motion was seconded by Council Member Hill. There was discussion on the motion. Council Member Wilson-Smith made a substitute motion to table action such time that City council has convened to establish its rules and regulations for appointments of boards and commissions. The motion was seconded by Council Member Cuthbert. There was discussion on the motion. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Myers, Hill, Hart and Parham d. 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 Code 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 # 17-003 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 01, 2017 through September 30, 2017) $232,500 In August 2017, the State provided $420,210 in funding to the City to offset past and future costs incurred to enable the path forward for fiscal solvency. In its funding package, the State allocated $50,000 for the "April 2018 Performance Review by the Robert Bobb Group" that will be reported to the Commonwealth of Virginia to ensure that continued improvement is being made. . RECOMMENDATION: Recommend Council approve, amend and ratify Contract #17-0003 Amendment #3. As provided above and direct the City Manager to direct and allow the City’s Purchasing Office to finalize and execute the Contract Amendment and Change Order documents on behalf of the City. Council Member Myers made a motion to approve, amend and ratify Contract #17-0003 Amendment #3. As provided above and direct the City Manager to direct and allow the City’s Purchasing Office to finalize and execute the Contract Amendment and Change Order documents on behalf of the City. The motion was seconded by Council Member Cuthbert. There was discussion among City Council. *Audio available  Minutes from the Petersburg City Council meeting held on: September 19, 2017 - 13 – ______________________________________________________________________________ Council Member Cuthbert made a substitute motion to suspend the Rules of Council and allow the public to speak on this issue for up to three minutes per person before the main motion is voted on. 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 Linwood Christian, 613 St. Matthew Street, stated that as a citizen he stands again to say and ask is this what the City Manager was hired for. He stated that he remembers when Council Member Hill made a statement that made sense. He stated that the City Manager brings in people that they know will do the job. He stated that unlike the President you do not put a neurosurgeon over housing and redevelopment. He stated that they know that she is going to come in and deal with finance. He stated that he thinks that this is an insult that the City has hired Mrs. Benavides and have Mr. Bobb to look over her shoulder. He stated that then it comes back to the question of what did they elect City Council for. He stated that they have the power to hire and that they are to review the staff. He stated that he does not think she is going to do anything less other than less then what she had in other places. He stated that he does not think that she is going to do anything less than what she is supposed to do. He stated that Mrs. Peters is an example. He stated that Mrs. Peters has a background in planning and that he does not think that they are going to move her to transit. He stated that he is looking at it because a lot of money was spent for things that should have been done anyway. He stated that he recommends that they do not go by the recommendation that was recommended to them. Ron Flock, 1708 Pender Avenue, stated that he wants to go back to the statement that the City Manager said that she can do the job but that it is inappropriate and a conflict of interest. He stated that there is no difference in what she said and the reality and what the Robert Bobb Group is doing. He stated that if they want to audit and do this to see if they are up to the standards then they should take the $50,000 and hire an independent auditor who has zero ties. He stated that you cannot take someone that negotiates a contract to put $50,000 in his pocket to say whether something is working or not. He stated that if it is not working out Mr. Bobb will say it but that if it is working he will say that it is not working right. He stated that this is ludicrous and that it makes zero sense. He stated that this is a no brainer. Barb Rudolph, 1675 Mt. Vernon Street, stated that she would encourage them to go back through their package and look at the list of key project activities. She stated that she is sure that there will be somethings that will be valuable to review. She stated that some of the information sounds like busy work. She asked why would they pay someone $50,000 to come in and do some of the things that are on the list. She stated that this is just a way of justifying that it is going to take a whole month and three people from the Robert Bobb Group to do this. She stated that she does not thing that Robert Bobb, with his history in the City, is able to be objective and add any value to an independent review of performance. She stated that this is what they are looking for. She stated that they want someone who will not have a bias about this. She stated that Robert Bobb is like a parasite. She stated that they need to say that enough is enough. She stated that Mr. Bobb has sucked a lot out of the City and he has given some back. She stated that the giving back was in the past. She stated that they are outsourcing and privatizing and that it is benefiting his group. She stated that they need to bear this in mind. Rhonda Donald, 533 High Street, stated that if Mrs. Ferrell-Benavides cannot be objective in evaluating the City’s performance how can the Robert Bobb Group do this. She stated that they would be evaluating their own efforts. She stated that it would truly be the fox minding the hen house. She stated that if what was said earlier about the state money not having strings attached then the $50,000 can be used to hire an independent auditor and not someone who self-interest are at stake. Michael Edwards, 409 Grove Avenue, stated that he would like to thank Council Member Cuthbert for making the substitute motion. He stated that he would like to thank all of City Council for voting in favor for all of them to speak. He stated that as prior people have come before him to speak on opposition on bringing *Audio available  Minutes from the Petersburg City Council meeting held on: September 19, 2017 - 14 – ______________________________________________________________________________ Robert Bobb back he too stands with them. He stated that City Council went through a process to hire a City Manager. He stated that she is a very well qualified City Manager. He stated that to him if he was in her position with the credentials that she has that by City Council taking this vote to bring back someone who is not consist in his presentations and when he has spoken to the public would be a slap in the City Manager’s face. He stated that this would be saying that the same review that they give each City Council Member during election time. He stated that if they have done their job they will revote them in. He stated to please not vote on this contract and bring Mr. Bobb back in the City next year. He stated that they should let Mrs. Benavides do her job and lead the team that they have so well put together and let her report back to them. He stated that if there are any discrepancies then allow her to report them back to City Council and not Robert Bobb. He stated that they are to do their job and not let Robert Bobb do it for them. Gloria Person-Brown, 1557 South Sycamore Street, stated that this should not even be a discussion. She stated that they have talked about being physically responsible. She stated that if they want to talk about being physically responsible and say to the public that they cannot afford it then they need to remember the conversation on this vote. She stated that there were many line items that were denied in the FY17 budget that was well under $50,000 that could have been beneficial to the City. She stated that now Robert Bobb is not giving them any type of dividends. She stated that when they look at investing and risk management they need to know when it is time to close. She stated that if this a mandatory $50,000 then they need to put it back in the FY18 budget and use it towards line items and programs that can benefit the City financially. Bruce Donald, 533 High Street, stated that objectivity is the heart of the issue. He stated that at every turn Robert Bobb has tried to manipulate the City through exaggeration and distortion into the sale of the water system which most of them do not want. He stated that he does not think that it is fair to bring a man of this type into the City. He stated that if the feel compelled to bring an auditor then bring in an independent auditor. He stated that this should be someone that does not have an agenda. Seeing no further hands, Ms. Jackson closed the public comments. There was discussion among City Council Members. Council Member Myers made a motion to table action until the next City Council meeting to give the City Manager the opportunity to talk to the State for further review. The motion was seconded by Council Member Hill. There was discussion among City Council. The motion was approved on roll call. On roll call vote, voting yes: Smith-Lee, Myers, Hill and Parham; Voting No: Cuthbert, Wilson-Smith and Hart Mayor Parham read “Section 8, Decorum of the Public” with regards to using profanity, or loud vulgar or abusive language is against the Rules of Council. He stated that Mr. Flock violated those rules and that he will ask him to leave. 14. REPORTS/RESPONSES TO PREVIOUS PUBLIC INFORMATION PERIOD: *No items for this portion of the agenda. 15. CITY MANAGER’S AGENDA: *No items for this portion of the agenda. 16. BUSINESS OR REPORTS FROM THE CITY CLERK: Ms. Jackson stated that she would like to say that regarding closed session and changes this is something that City Council would have to do and consider and not the agenda team. *Audio available  Minutes from the Petersburg City Council meeting held on: September 19, 2017 - 15 – ______________________________________________________________________________ 17. BUSINESS OR REPORTS FROM THE CITY ATTORNEY: *No items for this portion of the agenda. 18. ADJOURNMENT: City Council adjourned at 10:05 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor *Audio available