City Council

Minutes from the Petersburg City Council meeting held on: October 3, 2017 -1– ______________________________________________________________________________ The regular meeting of the Petersburg City Council was held on Tuesday, October 3, 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: City Manager Aretha R. Ferrell-Benavides City Attorney Joseph E. Preston Clerk of Council Nykesha D. Jackson, CMC Mayor Parham stated that he would like Reverend James McLaughlin to lead the City in prayer. He stated that with what has been going on in the world in Puerto Rico and in Las Vegas they would like Reverend McLaughlin to lead the City in prayer. Reverend Jameson McLaughlin said prayer for the City. 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 (7) of the Code of Virginia, 1950 as amended, council will be in closed session for consultation with legal counsel pertaining to actual litigation which such consultation in an open meeting would adversely affect the negotiating or litigating posture of the City of Petersburg. 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 Hill. 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 6:35 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 *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 -2– ______________________________________________________________________________ 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-58 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. City Council came out of closed session at 7:08 p.m. 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, “Today’s Positive Petersburg Story I would like to give praise to Petersburg’s Director of Elections, Dawn Williams. Two weeks ago, we had the Annual Re-Entry Program of Restoration of Rights by Sheriff Crawford. We are one of the largest localities that has participated in the restoration of rights. As part of this Dawn Williams, Voter Registration Office Staff, Secretary of the Commonwealth, Kelly Thomasson, and Virginia Governor McAuliffe will be honored in November. This honor is to Ms. Dawn Williams’ dedicated time and service to the Restoration of Rights Program. Ms. Williams worked along Petersburg’s “The Golden Girls Organization.” She was part of the restoration program reaching record number in coordination and support of the Secretary of the Commonwealth and Governor McAuliffe. Round of applause for Ms. Dawn Williams.” 5. PROCLAMATIONS/RECOGNITIONS: a. Proclamation for Domestic Violence Awareness Month BACKGROUND: The City has been supportive in the past issuing a proclamation that allows citizens to see that City officials take the issue seriously and are taking a proactive approach to addressing the issue. RECOMMENDATION: Proclaim October 2017 as Domestic Violence Awareness Month. Mayor Parham read the proclamation out loud. Terence Barber, Prevention and Outreach Specialist at The James House, stated that on behalf of The James House, volunteers and the Petersburg Taskforce they would like to thank the City for acknowledging October as Domestic Violence Month and also the continuous support. b. Proclamation for Fire Prevention Week BACKGROUND: The overall 10-year fire death rate trend decreased 21.6 percent from 2006 to *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 -3– ______________________________________________________________________________ 2015 nationwide based on U.S. Fire Administration statics and Petersburg Fire, Rescue and Emergency Services is dedicated to protecting our community from the devastating effects of fire, the risk of death, injury and property damage. RECOMMENDATION: Proclaim the week of October 8-14, 2017, as Fire Prevention Week. Mayor Parham read the proclamation out loud. The Fire Department and Fire Chief Dennis Rubin accepted the proclamation. 6. COMMUNICATIONS/SPECIAL REPORTS: Dr. Linda J. Person, representative from Virginia State University, stated that she would like to thank everyone for this time. She stated that in the folder that is in front of them is brief information regarding a boxing gala sponsored by the Health, Physical Education and Science Department at Virginia State University. She stated that it is a fundraiser for the students in the department. She stated that this is to help with transportation, scholarships, internships, conferences and all of the traveling opportunities that they provide for the students. She stated that she is hoping that the can get many interested in taking part in this program. She stated that they are selling tables for the boxing gala. She stated that it is a black-tie event. She stated that the tables are $800. She stated that eight people can be seated at the table. She stated that for $25 they can sit in the bleachers. She stated that they would love to have many people to come and take part in this. She stated that it is a fundraiser for the students. a. City Manager’s Report. Mrs. Benavides stated to City Council that they should have received a copy of her update for the month for this week. She stated that they have removed 39 guns off the streets. She stated that they are also having “Coffee with the Cops” on October 4th from 8:00am to 10:00am at the 7-Eleven, Dixie Restaurant and Demolition Coffee. She stated that on October 2nd the Fire Department and utilities will begin the inspection of 1470 fire hydrants across the City. She stated that in a response from a request from Council Member Wilson- Smith, it was asked to obtain data as it relates to vehicle accidents at the intersection where traffic signals where removed. She stated that the findings are: - E. Bank Street at N. Crater Road – No Crashes. - W. Washington at Elm Street – No Crashes - Halifax Street at S. Market – No Crashes - N. Sycamore Street at Tabb Street – 1 crash not related to the intersection. Driver was pulling out of a parking space and struck a vehicle traveling North on Sycamore Street (9/15/17) - Sycamore Street at Graham Road – No Crashes - S. West Street at Farmer Street – No Crashes Mrs. Benavides stated that it was also requested for an update on the hotel at Exit 52. She stated that they have successfully assisted the developer with securing portion of the financing through the Industrial Revitalization Fund, Virginia Brownfields Restoration, and Economic Redevelopment Assistance Fund. She stated that the City requested a gap loan through the Virginia Tourism Commission but that this is not approved. She stated that she is looking at the requirements and that they are working towards finding additional funding. She stated that the developer is working to secure financing for the project without the gap loan and anticipates providing a revised financing plan within 30-60 days. She stated that the developer does hope to move forward with this project. She stated that she also has information regarding North Park Drive. She stated that the construction will begin no later than November 1 and be completed within 60 days after start. She stated that the Deput City Manager of Community Affairs is working on the Ambassor Program. She *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 -4– ______________________________________________________________________________ stated that the kick-off will be November 4, 2017. She stated that this will be the date for Community-Wide Clean-Up. She stated that they are inviting residents from all across the City to join them in cleaning up the City. She stated that as they move forward she stated that there was a request regarding the current organizational structure. She stated that she has attached a current chart of the new organizational structure. She stated that they may have already heard that Attorney Ava Bedden will be joining the City as the Human Resources Services Director. She stated that she will be starting on next Monday. She stated that they are excited about this. She stated that they also have one other vacancy that they need which is the Deputy City Manager. She stated that they have made an offer on this position and that hopefully they will have someone in that seat hopefully by next week. She stated that City Council does have an updated structure and that copies were made available to the residents tonight and that it is available online as well. Council Member Wilson-Smith stated that for the traffic light on Crater Road it says no crashes. She asked is there a difference in crashes and accidents. Mrs. Benavides stated that she thinks that this is what they were supposed to be saying but that she will go and get it validated. She stated that she was provided this information based on the police report on this. She stated that an incident may have happened and not been reported at the incident. She stated that sometimes there are accidents that do not involve police and that they just swipe insurance cards. Council Member Wilson-Smith asked Mrs. Benavides that if she did not mind going back and ask them to clarify. She stated that she does know of an actual accident where a citizen’s car was totaled and that she hit a truck at that intersection and that police were called. She stated that there should be a record of this. Council Member Hill stated that he raised a question regarding Sycamore and Bollingbrook Street and that it says that it is the standard size. He stated that people typically run the stop sign. He stated that they need to look at putting the stripes back on the street in that area. He stated that it was an accident on Bollingbrook Street this past week. He stated that there is a lot of traffic down there. He stated that if they can get a larger stop sign on Sycamore Street this may help. Mrs. Benavides stated that she will have a look at this. She stated that they have signs now that actually have blinkers on them and that they can look at putting them there. 7. CONSENT AGENDA (to include minutes of previous meeting/s): a. Minutes: Regular Meeting: September 19, 2017 b. Request a public hearing to be scheduled for the approval of an application to vacate the right- of-way adjacent to 2100 Woodmere Drive and Raleigh Avenue. c. Request a public hearing to be scheduled for the disposition of publicly-owned property at 138 Raleigh Avenue. d. Request a public hearing to be scheduled for proposed Transportation Alternative Program funding, specifically for the Appomattox River Trail at Patton Park. e. Request a public hearing to be scheduled for the proposed Revenue Sharing Funding, specifically for the Petersburg Gateway at University Boulevard. Council Member Myers made a motion to accept the Consent Agenda and schedule the public hearings for October 17, 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 *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 -5– ______________________________________________________________________________ 8. OFFICIAL PUBLIC HEARINGS: a. A public hearing to amend Enhanced Emergency Telephone Services Code (Chapter 106, Article IX, Division 4, Sec. 106-362 and Sec. 106-364) to increase the fees levied by the City upon each purchaser of local exchange or cellular telephone. BACKGROUND: The City of Petersburg rates are lower than those of surrounding localities. These fees are used to off-set the cost associated with the vital services of Emergency Communications and Enhanced Telephone Services (E-911). This is a “user fee” to obtain a portion of the operating and maintenance costs for the City of Petersburg. RECOMMENDATION: Recommend City Council approve the draft ordinance. Fire Chief Dennis Rubin gave a short summary of the amendment request. Ms. Jackson opened the floor for public comments. Ron Flock, 1708 Pender Avenue, stated that he wanted to point out some information that was in the last agenda that was released. He stated that it gave a state code for this action. He stated that he need to go back and look at the state code. He stated that it was repealed in 2016. He stated that the need to make sure that they are using the right code to do what they are trying to do. Brandon Martin, 1546 Berkeley Avenue, stated that he applauds the initiative of keeping the 911 system running. He stated that he was purchasing agent during the time of the 800mhz system. He stated that he recollects that this was a $10 million-dollar project. He stated that a lot of corners were cut to save money. He stated that he has not heard anything in regards that this system needs to be replaced. He stated that they should consider this information. Seeing no further hands, Ms. Jackson closed the public hearing. Vice Mayor Hart made a motion to accept the recommendation of approving the ordinance amending the Emergency Telephone Services Code (Chapter 106, Article IX, Division 4, Sec. 106-362 and Sec. 106-364) to increase the fees levied by the City upon each purchaser of local exchange or cellular telephone. 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-44 AN ORDINANCE AMENDING ENHANCED EMERGENCY TELEPHONE SERVICES CODE (CHAPTER 106, ARTICLE IX, DIVISION 4, SEC. 106-362 AND SEC. 106-364) TO INCREASE THE FEES LEVIED BY THE CITY UPON EACH PURCHASER OF LOCAL EXCHANGE OR CELLULAR TELEPHONE. b. A public hearing for the Resolution to Issue, Sale and Award of a General Obligation Revenue Anticipation Note Series 2017. BACKGROUND: The City has ongoing cash flow needs to fund current operations for this fiscal year. It has been advertised as a public hearing for the issuance of a general obligation note to fund such needs as permitted under Section 15.2-2606. Staff has attached the resolution which includes the formal terms of issuance. RECOMMENDATION: Recommend City Council adopt the resolution authorizing the issuance *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 -6– ______________________________________________________________________________ and sale of a General Obligation Revenue Anticipation Note in the maximum aggregate principal amount of $6,500,000. Blake Rane, Finance Director, stated that it is his opportunity to bring to City Council a resolution for a Revenue Anticipation Note. He stated that he will introduce Daniel Siegel of Sands Anderson, who is the bond attorney and Roland Kooch of Davenport who is the financial representative. Daniel Siegel, Bond Attorney at Sands Anderson, stated that he will make this quick. He stated that he thinks that they have been through this before. He stated that this is a resolution that deals with a cash flow financing for the City that they did last year as well. He stated that this is the same amount from las year. He stated that they have a public hearing tonight which is required under state law to have. He stated that the resolution, if acceptable to City Council, would be adopted after the public hearing. He stated that the City’s team would set out to close the financing by the end of the month. He stated that the good news is that the City is in much better shape than what they were in last year. Ms. Jackson opened the floor for public comments. Seeing no hands, Ms. Jackson closed the public hearing. There was discussion among City Council Members. Council Member Hill made a motion to approve the resolution to Issue, Sale and Award of a General Obligation Revenue Anticipation Note Series 2017 in the amount of $6.5 million dollars. 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-R-59 A RESOLUTION PROVIDING FOR THE ISSUANCE, SALE AND AWARD OF A GENERAL OBLIGATION REVENUE ANTICIPATION NOTE, SERIES 2017, OF THE CITY OF PETERSBURG, VIRGINIA AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF. 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. Karyn Sawyer, 1655 Fairfax Street, stated that she purchased her home in 2011 with her plan of fixing up her home and retiring in Petersburg. She stated that she put about $50,000 in her home for upgrades. She stated that she truly feels like the City is forcing her out because she cannot budget sufficiently. She stated that she is present tonight because of her water bill. She stated that it has increased to over 4.5% in the last five years that she and her husband has lived in the City. She stated that her bills seem to be like ping pong balls. She stated that she has a question to the water department. She stated that they said to talk to City Council in regard to voting on the water pipe size. She stated that she is asking for their help. She stated that she is asking that they do an audit to fix this issue. She stated that it affects her property value, her way of life and her retirement. *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 -7– ______________________________________________________________________________ Ralph Westbay, 1706 Powhatan Avenue, stated that he wanted to express concerns about the budget at this point. He stated that he has went through the most recent budget. He stated that his biggest concern is that they came up with a second revised 2017 budget for this year. He stated that this is because of the problems that they had with the original adopted 2017 budget. He stated that it was supposedly reduced by about $12 million dollars. He stated he still does not the difference in the two budgets. He stated that the numbers are not showing in the documents. He stated that he has had conversations with Mr. Rane. He stated that he was kind enough to send some documents regarding the budgets. He stated that he will be doing some analysis on this. He stated that the biggest problem is that with the five-year plan that is laid out is taking what is in the 2018 budget and extracting it out 3% over the next five years. He stated that this is not what he expected. He stated that expected that an analysis would be done. He stated that they are getting the schools back but where is the other $4 million dollars coming from. He stated that he does not see the budget being structurally balanced for 2018. He stated that it is balanced but not structurally balanced. He stated that structurally balanced means that they allocated the resources where they attend to accomplish the objectives that they want to. He stated that somewhere along the line they got to make changes that is a long-term solution. He stated that they cannot do this with a one-time cut to the schools. He stated that they shifted the money to public safety and general government. He stated that nothing is changing for the next five years. He stated that this is a concern and that he does not think that they are in a position to say that this budget is going to bring the City back to financial health without some different approaches taken. He stated that other factors have to be considered. He stated that he will send an email with more details and questions. Lafayette Jefferson, 1746 Brandon Avenue, stated that the time of Robert Bobb and the Robert Bobb Group has come to a close. He stated that he took the time to reflect on the things that he personally has learned from Robert Bobb. He stated that from Robert Bobb he has learned that it is possible to be paid nicely despite being incompetent. He stated that incompetent people bring incompetent teams. He stated that they should not allow their arrogance to challenge people and not allow their ego to get them caught in lies. He stated that also say what they have to say and then shut up and sit down. He stated that from the City Council during the same period he has learned regardless of the nice suites and presentation always dive deeper into their background. He stated that they should delegate all they want but never give up their authority. He stated that they should never allow others to abuse and manipulate or lie to City Council or their people. He stated that they should not allow their City Attorney to watch ESPN during council. He stated that from Aqua America he learned that their actions must match the narrative. He stated that from the Progress-Index throughout this process he has learned that they should never compromise their integrity. He stated that right now they have very little creditability from the City. He stated that to the people of Petersburg that had the money, they manipulated you and tried to use scare tactics. He stated that they even targeted people. He stated that they figured out that they always had the power. He stated that they have the power that they want. He stated that free people fight and speak and vote. Barb Rudolph, 1675 Mount Vernon Street, stated that last night Robert Bobb made some comments about citizens who would dare critique City and City government. She stated that one of his remarks were about coming out with emotional information rather than factual. She stated that what she is presenting is factual and that this is why she gave out a handout. She stated that it was her opinion to call Robert Bobb a parasite. She stated that it is factual to call Robert Bobb untruthful. She stated that the examples show and it also relates to the audit which they heard last night. She stated that the citizens did not have an opportunity to comment on it. She stated that she wishes they had. She stated that people have a lot of questions about things that they omitted from the forensic audit and why. She stated that this particular analysis does not address all of this. She stated that she did look at one thing. She stated that as recently as this past July, Robert Bobb was promising that the scope of the audit would include special funds. She stated that for part of special fund was state and federal grants. She stated that citizens had a lot of questions about the FEMA grant for example. She stated that they thought the auditors were looking at this but that they never were. She stated that they had a different scope that was published in the RFP as a clarification back in March of this year. She stated that if they look at the information that she gave them the slide from the website and the other *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 -8– ______________________________________________________________________________ three items were all part of the forensic audit. She stated that Robert Bobb was misleading both the council and the citizens. She stated that the scope of the audit was far greater than what it actually was. She stated that he managed expectations that created more unhappiness with the outcome more than necessary. She stated that she is just bringing this up because it has been a pattern. She stated that he is very defensive about being asked questions. She stated that if he was present she would hand him the information and ask him to explain how this scope managed to go from a January RFP to him coming back and using the broader definition. She thanked City Council for considering this information. Willie Noise, 1508 Circle Drive, stated that tonight he wants everyone to think about standards and how they vary from place to place. He stated also sane and insane people. He stated that he talks to a lot of insane people. He stated that he would like to give a shout out to the Petersburg Police Department for enacting some preventive maintenance. He stated to always think about preventive maintenance and corrective maintenance. He stated that he would like to see preventive maintenance because he is tired of the corrective things. He stated that he was happy to see a prayer tonight and that it was not silent. He stated that God said that he was glad to hear a voice prayer so that he can really hear. He stated that there are too many of them going to the bank getting a withdrawal of prayer and not depositing anything. He stated that there is one thing that he would like to see Petersburg do. He stated that until they do it they are not going to prosper and that is to pray. He stated that those that are praying please pray for those that do not. He stated that he loves Petersburg and that he is really confused and that when he thinks that they are doing a great job he can see so many things that need to be done. He stated that when certain people speak up and say things he thinks that this is wonderful. He stated that he would like to thank everyone for the job that they are doing even if some people do not think much of it. He stated that they are all in this. He stated that there is an entire audience of people looking at them and that they are all in this thing. He stated that until they understand this and start loving one another they are not going to get anything out of this. He stated that from the top it is so much corruption that they have to start at the bottom and get themselves together. He stated that they stronger that they are the better voices that they will have. He stated that they should follow suit and join in with Richmond and Hopewell. He stated that they have nice things to say and what they be doing. He stated that the City needs to follow up on them and show them that we appreciate and understand where they are coming from. Ron Flock,1708 Pender Avenue, stated that he has a couple of quick questions for the City Manager. He stated that in regard to Propel, how many account did Propel have that were defaulted and came back. He asked what was the dollar amount. He asked what has the City done to try to regroup this if they can. He stated that there are two fire hydrants on Hickory Hill Road between Breckenridge and Armistead that sit in the woods and have not been looked at for years. He stated that he would like the status of those hydrants. He stated that he would also like them to look at the methodology of the meter reading. He stated it is read one month and then its read six weeks. He stated that he understands that they have put more work on those people doing shut offs, turn offs and replacing meters. He stated that maybe they can get them some help so that they can get a more consistent meter reading. He stated that one thing about the forensic audit is that he is extremely disappointed in the fact that he can go to any of the news channel website and see the forensic audit before he can see it from Petersburg. He stated that they paid for it and that they should not have had it first. He stated that finally he was removed at the last meeting. He stated that he was moved against the rule that was stated. He stated that it is stated in there that any person that violates the provisions of that section or interrupts council proceedings after a warning to desist may be removed. He stated that he was never given a waning he was just removed. He stated that this violated his civil rights to be present. He stated that he just wanted them to be aware of this. Kim Rudisill, 23 Centre Hill Court, stated that he wanted to comment about the water bill as well. He stated that in his cause he calls his bill “yo-yo billing.” He stated that his last water bill was over $200. He stated that selectively he used over 15,000 gallons of water in 30 days which is impossible. He stated that one month his water bill is $200 and another month its $80 then $100 and then $60. He stated that it is inconsistent. He stated that he does not understand why it is that way. He stated that it has been that way for *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 -9– ______________________________________________________________________________ months. He stated that he has asked several times from various people and that he has not gotten an answer yet. He stated that he will ask again tonight. He stated that he thought that when they went to the new water meters that he thought they would get a letter or a bill stating that the City finally got the meter reading process straight. He stated that since they have gone to the new meters they have been billed gallons of water. He stated that he received three bills in a row for the same exact amounts. He stated that this is impossible and that he could not use the same amount of water three months in a row. He stated that the water bills are not right and that he has paid the bill except the last two months. He stated that he finally disputed the water bills. He stated that he thinks that the water bill issue is not resolved and that it is a disgrace to the City of Petersburg as far as he is concerned. He stated that someone last night stated that they should push a reset button. He stated that they should look forward to the future and not worry about the past and who did what and the past is the past. He stated that in his opinion this is not right at all. He stated that someone should be held accountable of where millions of dollars went. He stated that the City is in a mess. He stated that City Council should know what happened and that the citizens should know as well. He stated that he does not think that they should press the reset button. 10. BUSINESS OR REPORTS FROM THE MAYOR OR OTHER MEMBERS OF CITY COUNCIL: Council Member Cuthbert stated that he has a couple of items. He stated that he has a ward meeting scheduled for 5:00pm, two weeks from tonight in the closed session room of the train station. He stated that he invites the public to attend. He stated that the focus is going to be on code enforcement. He stated that it is an important issue throughout the City. He stated that he would like to talk briefly about what happened at the Pocahontas Chapel last week. He stated that there was a presentation of the “Part 2” study. He stated that it was the historic building structure report. He stated that it went well. He stated that it was a milestone in determining the rehab and proper use at the Jarratt House. He stated that a good crowd should up and that there was a lot of interest. He stated that one of the remarkable things that was disclosed in that report was the substantial amount of original historic fabric to the Jarratt House still intact. He stated that this is a blessing. He stated that this adds another facet of authenticity to the structure. He stated that this is something that they can all be happy about. He stated that he is looking forward to the “Part 3” which he is thinking is the last in the series of studies. He stated that he has a couple of things that he would like to ask the City Manager to do. He stated that one is to have staff prepare a map showing the location of the 72 fires that they heard about that took place in 2016. He stated that this may perhaps help them understand what is causing these fires. He stated that he understands that the City has the capacity to prepare such a map. He stated that if this can be done and given to City Council at the next meeting and that this would be great. He stated that the other thing that he would like to comment on is the Ramada Inn. He stated that they were told in the report tonight that the developer should have answer on financing within 30 to 60 days. He stated that if they can put this on the agenda for the first meeting in December for an update on the Ramada Inn Project. He stated that they all want to see it proceed and that they would certainly would to see it succeed. He stated that if it is not going to succeed then they need to start again in a new direction and perhaps have better insight on which way to go. Council Member Wilson-Smith stated that she had asked at the last council meeting about some data concerning the people that have the one inch meters. She stated that this is whether or not they are able to keep their water on or not or if they are being turned off. She stated that if they are being turned off then at what rate. She stated that she still does not have this data yet. She stated that she does have something that they received in the packet last night. She stated that perhaps she can get some questions answered from it. She stated that according to page 71 and number seven it states that in June there were 27 cut-offs and 25 turn-ons. She asked if these were the 25 out of the 27 cut-offs or are they 25 new accounts. She stated that they received this information last night in the packet. She asked of the cut-offs how many are citizens with a one inch meter. She asked if half of them are not cutting their water back on then how can they expect to recoup what they have budgeted for this item if they are not going to have their water cut back on. She stated that according to the information provided it gets worse every month. She stated that the total in delinquent bills in August was $297,089. She stated that she clearly remembers that they could not change anything. *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 - 10 – ______________________________________________________________________________ Janell Sinclair, representative from Water and Utility Billing Department, stated that she cannot tell them the rate in the cut-offs of the one inch meters versus the 5/8 meter versus the commercial account. She stated that she did not differentiate that. She stated that she would have to get back to them on how many were one inch meters. She stated that their cut-offs area increasing as they have to be more aggressive to nonpaying customers. She stated that it has been her experience that some of the customers that they are cutting off have moved, passed away and no one has reported to them that they wanted their account to be terminated. She stated that most of them have been rental properties. She stated that if a new tenant moves in then they are using the water in someone else’s name. She stated that they have had situations that people think that the water is included in the rent. She stated that they do not come to the office to see them until they cut the water off. She stated that they might see 157 cut-offs but that they may have 190 move-ins. She stated that there are other people turning them off. She stated that they do have a low number of turn-ons which they have found that some people after they come to their office and do not like what they have to say they leave the office and turn the water on themselves. She stated that they may never come back to pay them. She stated that they have to turn back around and pull the meter. She stated that their cut-offs are a way to close nonpaying accounts in the book. She stated that they have found that people are just using the system and riding of what William Johnson stated when he said he would not turn the water off. She stated that they have to change the cultural. Council Member Wilson-Smith stated that she understands why they have to turn off the water but that her concern is the number of people that have the water turned back on or do not have turned back on and how does it affect the budget. She stated that it brings something else to mind. She stated that this is in regard to the 119. Mrs. Sinclair stated that those 119 are still off. She stated that they have to remember that some of the 119 people may have been people that moved or passed away. She stated that they will never come back and turn themselves on. Council Member Wilson-Smith stated that she is looking at the numbers and that of the 119 people she is just wondering about children and families. She stated that to her the City runs in a cycle. She asked that if there is no water in the homes for the children how are they assisting. Mrs. Sinclair stated that if they are seriously ill there is a program and that they refer customers to Social Services. She stated that depending on the circumstances she has reached out to her billing and collection director and he goes to City Manager. She stated that there are certain exemptions. She stated that they have to be mindful on a case to case basis. She stated that they have found that people over exaggerate their situation because of their unwillingness to pay. Council Member Cuthbert asked Mrs. Sinclair if she can help City Council figure out how they can obtain the cash they need for infrastructure improvements by supplying water to people who will not pay for it. Mrs. Sinclair stated that this is why they have been more aggressive in sending out their notices. She stated that they have been more aggressive in giving them only 30 days to pay. She stated that if they do not pay on the next billing cycle then they close their account. She stated that if they find out that they have been unlawfully obtaining services they report them to the Commonwealth Attorney. She stated that then they have been more aggressive on the larger accounts like apartments as well. Council Member Wilson-Smith stated that she has a concern. She stated that she listened to Mr. Flock talk about two fire hydrants. She stated that just recently she reported all the fire hydrants in Ward 1. She stated that she cannot see her missing this. She stated that she knows that there are some fire hydrants that have been identified as personal. She stated that she has asked this question. She stated that for the most *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 - 11 – ______________________________________________________________________________ part that there seems to be a problem with grass being around the fire hydrants. She stated that this was fixed. She stated that this comes to be embarrassing because she takes the time to ride around and check on these. She stated that she sent out an email today to City Council Members and the City Manager in reference in the Advance or Retreat. She stated that she got one response. She stated that she has asked can it be the week of October 23-27, 2017. She stated that with all the recommendations that Robert Bobb gave last night it is going to take time to review and go through this. She stated that this cannot be done at a regular council meeting. She stated that they also have to work on the legislative package. She stated that they also need to do employee evaluations. She stated that everyday there is more things adding up. She asked can they set a date for the Advance/Retreat. She stated that she sent out an email to be able to confirm the dates so that it can be announced today. Council Member Smith-Lee stated that she would like to thank everyone for coming out. She stated that Downtown Churches United Annual Walk Against Hunger will be held on Saturday. She stated that the walk will be renamed “P.T. Taylor Walk.” She stated to give a round of applause for Dr. Taylor. She stated that he has done an outstanding job for over 30 years. She stated that he has possibly raised over $200,000 or more. She stated that she thinks that this is an outstanding gift to give to the City to make sure people have something to eat. She stated that Ward 6 will be having a war meeting on October 12, 2017, at A.P. Hill Elementary School. She stated that next Saturday is Virginia State University Homecoming. She stated that they are trying to partner with the community. She stated that Petersburg High School Homecoming is this Friday. Council Member Myers asked Mrs. Benavides if she can give a small report on the emergency vehicles. Council Member Hill stated that he would like to thank everyone for coming out. He stated that he would like to thank Reverend Jameson McLaughlin from Mount Olivet Baptist Church for saying the prayer. He stated that if there is anything that the City needs it is prayer. He stated that not only for the City but for the country and the world. He stated that they would like to thank the public works department. He stated that he would like to thank City Council for working together. Vice Mayor Hart stated that he would like to thank everyone for coming out. He stated that he would like to thank the City employees for all the hard work that they are doing. He stated that there will be a breast cancer awareness event taking place this Friday at the Byrd Theater. He stated that this is to raise funds for the cancer society. He stated that the event will begin at 8:00pm. He stated that they would like to shorten the LOI time period. He stated that this has prevented the City from moving forward. He stated that this would help with a lead way in what the developer will be doing with the property. He stated that it does not make sense to purchase property and then have the property sitting. He stated that he would like to make this a motion. Council Member Cuthbert made a motion to shorten the LOI. Mrs. Benavides stated that she thinks that they need to do some research before moving forward with the motion. She stated that this way they can have clarity on it and bring it back to City Council at the next meeting. Vice Mayor Hart stated that he will retract his motion until further information. He stated to Mr. Noise that it is good to see him back at the meeting. Mayor Parham stated that he would like to recognize the Southside Virginia Emergency Crew that was voted the Virginia Association of Volunteer Rescue Squad Outstanding Squad of the Year. He stated that this is an outstanding achievement. He stated that he would like to thank all of the council members that stood during difficult times last year knowing that they needed to save the emergency crew. He stated that the award *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 - 12 – ______________________________________________________________________________ gives kudos to Petersburg for having an outstanding emergency crew. He stated that he would like to thank Mrs. Innis of Public Works forgetting Mrs. Hamilton situation straight. He stated that it has gone on for many years. He stated that he is happy to have Mrs. Innis in the City to get the job. He stated that it is pleasing to hear that North Park Drive will be getting back on schedule and opening back up. He stated that he would like to wish the City Manager a happy birthday. He stated that he would like to wish Vice Mayor Hart a happy birthday as well. He stated that he would like to thank everyone that came out to the “Grapes and Hops” event. He stated that he hopes to see everyone out for the walk this Saturday. He stated that Council Member Myers birthday was recent as well. He stated that it was good to see the new police vehicles that the “Grapes and Hops” event. He stated that the rest are on the way. He stated that this will be a huge asset to the City. 11. ITEMS REMOVED FROM CONSENT: *No items for this portion of the agenda. 12. UNFINISHED BUSINESS: a. 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 Cuthbert made a motion to 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. The motion was seconded by Council Member Myers. There was discussion among City Council Members and staff. The motion was approved on roll call. On roll call vote, voting yes: Cuthbert, Smith-Lee, Wilson-Smith, Myers, Hill, Hart and Parham 13. NEW BUSINESS: *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 - 13 – ______________________________________________________________________________ a. Consideration of an appropriation for VDOT Highway Maintenance Urban. BACKGROUND: In accordance with Section §33.2-319 of the Code of Virginia, The Commissioner of Highways, subject to the approval of the Board, shall make payments for maintenance, construction, or reconstruction of highways to all cities eligible for funds. The payment rates per the number of peak hour moving lane miles are made to localities based on a state functional classification system. This system classifies roads and streets as principal and minor arterial roads and collector roads and local streets. The City has a total of 105.73 peak hour moving lane miles classified as arterial applied at the updated fiscal year 2017/2018 rate of $21,061 per lane mile for a total of $2,226,779.53. The City has a total of 289.43 peak hour moving lane miles classified as collector and local at the updated fiscal year 2017/2018 rate of $12,365 for a total of $3,578,801.95. The grand total of payment rates per peak hour moving lane mile is $5,805,581.48. RECOMMENDATION: Recommend City Council adopt and appropriate the additional $108,334.48 for VDOT Highway Maintenance Urban Allocation funding. Ms. Jackson opened the floor for public comments. Seeing no hands, Ms. Jackson closed the public comments. Vice Mayor Hart made a motion to adopt and appropriate the additional $108,334.48 for VDOT Highway Maintenance Urban Allocation funding. 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-45 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATION FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2017, AND ENDING JUNE 30, 2018, IN THE STREETS UND IN THE AMOUNT OF $108,334.48 FOR PETERSBURG VDOT HIGHWAY MAINTENANCE URBAN ALLOCATION. b. Consideration of an appropriation of Comprehensive Community Corrections Act Grant Program. BACKGROUND: The Comprehensive Community Corrections Act Grant Program will assist with the service delivery of Petersburg Community Corrections through both pretrial and probation services to the City of Petersburg and Dinwiddie County. RECOMMENDATION: Recommend City Council appropriate funding from the Department of Criminal Justice and Services (DCJS) for $4,339. Ms. Jackson opened the floor for public comments. Seeing no hands, Ms. Jackson closed the public hearing. Council Member Myers made a motion to appropriate funding from the Department of Criminal Justice and Services (DCJS) for $4,339. 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 17-ORD-45 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATION FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2017, AND ENDING JUNE 30, 2018, IN THE *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 - 14 – ______________________________________________________________________________ SPECIAL REVENUE FUND IN THE AMOUNT OF $4,339 FOR PETERSBURG COMMUNITY CORRECTIONS. c. Consideration of an appropriation for the Office of the Attorney General’s TRIAD Carryover fiscal year 2017. BACKGROUND: The Sheriff's Office received funds of $2,244.65 for fiscal year 2016-2017 to manage a TRIAD grant. In order to expend all funds available, an appropriation is needed for the grant. RECOMMENDATION: It is recommended to appropriate $2,244.65 for the unexpended revenue from FY 17. Ms. Jackson opened the floor for public comments. Seeing no hands, Ms. Jackson closed the public hearing. Council Member Myers made a motion to appropriate $2,244.65 for the unexpended revenue from FY 17. 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-ORD-47 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATION FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2017, AND ENDING JUNE 30, 2018, IN THE SPECIAL REVENUE FUND IN THE AMOUNT OF $2,244.65 FOR PETERSBURG’S SHERIFF OFFICE. d. Consideration of an appropriation for Commonwealth Attorney’s state Asset Forfeiture Account. BACKGROUND: These funds are obtained by means of properties, ie, U. S. Cash & currency, vehicles, Flat Screen T.V’s, Computer Equipment, PlayStation gaming, etc., which could be deemed as drug money or items purchased with drug monies and consequently confiscated during an arrest. Information and seizure notices are then filed and a hearing held in the Circuit Court wherein a judgment is rendered. If the property is Ordered Seized by the Court, then the money is split accordingly. Our portion of these seized funds are limited to purchases pertaining to law enforcement needs, ie., Office equipment for law office, educational training and travel, etc. Funds have been seized by the Commonwealth and disbursed between the appropriate departments by electronic deposit from DCJS. After reconciling our annual report with DCJS and adding the deposits made for this fiscal year, our total funds amount to $19,960.04 which we are requesting City Council’s approval for its appropriation and use thereof. Annual reporting and certifications are filed yearly with the Department of Criminal Justice Service. RECOMMENDATION: Recommend City Council approved the attached appropriation ordinance for $19,960.04. Ms. Jackson opened the floor for public comments. Seeing no hands, Ms. Jackson closed the public hearing. Council Member Myers made a motion to approve the attached appropriation ordinance for $19,960.04. 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 17-ORD-48 AN ORDINANCE, AS AMENDED, SAID ORDINANCE MAKING APPROPRIATION FOR THE *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 - 15 – ______________________________________________________________________________ FISCAL YEAR COMMENCING ON JULY 1, 2017, AND ENDING JUNE 30, 2018, IN THE FORFEITED ASSET FUND IN THE AMOUNT OF $19,960.04 FOR THE PETERSBURG COMMONWEALTH ATTORNEY. 14. REPORTS/RESPONSES TO PREVIOUS PUBLIC INFORMATION PERIOD: *No items for this portion of the agenda. 15. CITY MANAGER’S AGENDA: Stephanie Harris, Assistant to City Manager, read the answers to the public information period. 1. What is the status of the forensic audit that was due to be released in August? a. The audit is completed and is available for viewing online via The City of Petersburg website. A compete report was given during the Special City Council meeting on October 2, 2017. 2. Street stop sign on the corner of S. Sycamore Street either needs to have additional lightening or a sign needs to be larger for increased visibility. a. Bollingbrook Street at South Sycamore Street, the stop sign is on a light pole and the lighting is adequate. The sign is a standard 30/30 which is required, the City did replace the sign to increase visibility. 3. City tree over grown in front of 409 Grove Avenue (needs to be trimmed away from the houses). a. Dominion has responded to this request and stated there is no hazard and the City can trim the tree. The City is in the process of contacting a contractor to address this issue. 4. Citizen address1216 North Hampton Drive. City made repairs to her street resulting in a speedbump which is damaging her car as she enters and exits. a. This issue was repaired ono Friday, September 22, 2017. 5. North Hampton Drive has overgrown grass. a. The grass was cut on September 21, 2017. 16. BUSINESS OR REPORTS FROM THE CITY CLERK: *No items for this portion of the agenda. 17. BUSINESS OR REPORTS FROM THE CITY ATTORNEY: *No items for this portion of the agenda. 18. ADJOURNMENT: City Council adjourned at 8:51 p.m. _________________________ Clerk of City Council APPROVED: *Audio available  Minutes from the Petersburg City Council meeting held on: October 3, 2017 - 16 – ______________________________________________________________________________ _________________________ Mayor *Audio available