City Council

Minutes from the Petersburg City Council Special Called meeting held on: December 19, 2017 -1– ______________________________________________________________________________ The Special Called Meeting of the Petersburg City Council was held on Tuesday, December 19, 2017, at the Union Train Station. Mayor Parham called the Special Called 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 Executive Assistant to City Manager Stephanie Harris 2. PURPOSE: a. A public hearing to receive citizen comments relating to a request to the General Assembly of Virginia to amend the City Charter, such amendment changing the method of electing council members from the ward system to an at-large system. BACKGROUND: Each year, prior to the General Assembly, Council prepares a Legislative Agenda listing the City’s legislative priorities. Upon Council’s approval, the Legislative Agenda will be submitted to members of the City’s legislative delegation for their consideration. During this hearing Council will receive citizen comments relating to a request to the General Assembly of Virginia to amend the City Charter, such amendment changing the method of electing council members from the ward system to an at-large system. RECOMMENDATION: Recommend City Council receive public comments and take appropriate action. Ms. Harris opened the floor for public comments. Julian Greene, Jr., 1625 Blair Road, stated that the purpose of him standing before council tonight is exactly what the agenda indicates in changing the electoral system in Petersburg from the ward system to the at-large system. He stated that in expressing his opinion towards this he wants to tell them about the Petersburg story. He stated that there are some still present that participated 45 years ago in changing the at- large to the ward system. He stated that changing that system is still a federal issue as of today. He stated that it is not a state issue. He stated that those who misread or who misunderstood they can enlighten them. He stated that they have individuals that have advised them that this is a federal issue. He stated that to those who may not know as of yet that voting really counts tonight in the 94th District in Newport News. He stated that Shelly Simon was trailing Mr. Yancy by 10 votes. He stated that after the race count Ms. Simon won with 11,608 to 11,607. He stated that this means that the General Assembly and House of Delegates is now spit with 50 democrats and 50 republicans. He stated that prior to that it was 66 republicans and 34 democrats. He stated that they must understand what Shelby vs Holder case meant. He stated that it was a challenge to Section 4 and a challenge to Section 5. He stated to change the electoral system is entirely different and that it is a federal matter. He stated that he would like to tell them about the Petersburg story. He stated that Mr. *Audio available  Minutes from the Petersburg City Council Special Called meeting held on: December 19, 2017 -2– ______________________________________________________________________________ Hermanze E. Fauntleroy became the first elected African-American Mayor in the Commonwealth of Virginia. He stated that Mr. Fauntleroy paved the way at that time for Henry Marsh to become the first elected Mayor in Richmond. He stated that this paved way for the Senator at that, Douglas Wilder, to be elected the first black governor in the continent of the United States of America. He stated that voting counts and that they cannot allow themselves to be the laughing stock reversing back from ward to at-large. He stated that it is not going to work and that it is not going to take place in the General Assembly. He stated that they will laugh at the City. He stated that it was mentioned to the State Board of Education. He stated that the State Board of Education laughed. He stated that the superintendent of the board of education stated that this is not going to happen. He stated to City Council that if they think that they are going to put this in and not be challenged then they are going to be challenged vigorously and that this is a promise. Samuel Rhue, 1652 Westchester Drive, stated that he believes that the current system that they have now works and can work better. He stated to give the ward the ability to elect someone that is knowledgeable about that ward who lives in that ward and represent that ward. He stated that then they all come together collectively from each different ward. He stated that the wards are different. He stated that trying to dilute the vote the citizens control this. He stated that he believes that they could elect a skilled individual from each ward to lead. He stated that each ward needs to think about that they may be electing someone can become the Mayor or Vice Mayor. He stated that this is a large system that could win based on a popularity contest who may not necessarily have the skill set to lead this City. He stated that he believes that the current system is appropriate. He stated that they worked long and hard to get there. He stated that it gives them the opportunity to pick qualified candidates from each ward. Leslie Speight, 1015 Gustavo Lane, stated that he has been a citizen of Petersburg since 1988. He stated that he has worked every election since he has been here. He stated that the problem that he sees is that they are spending time trying to do something that he thinks that they need not spend time on. He stated that they need to spend time on how they are going to get the people in Petersburg engaged in the elections. He stated that in the last three years the City has had over 18,000 registered voters. He stated that the most that they could get out even for President Barack Obama was 10,000. He stated that he thinks that they are spending time trying to do something just for a few people. He stated that he is not sure who came up with the idea that they are going to do this but that it is not going to benefit Petersburg. Michael Packer, 1245 Woodland Road, stated that he comes this evening to speak in favor of the change. He stated that he believes an at-large system would expand the size of market for the most qualified candidate for City Council. He stated that he thinks that most people would agree with him that the City is not yet fixed. He stated that the City has one of the highest real estate taxes in the Virginia and possible the highest nonmenial tax in Virginia. He stated that as far as he knows that there has not been a certified real estate assessment done in the last six months as far as he knows. He stated that real estate is the City’s largest source of revenue. He stated that the City has one of the highest personal property rates tax in Virginia now. He stated that because they increased the personal property ta so high recently they do not get a proportion from the state for their percentage of payment from the residential property. He stated that the City has a very high meals and lodging tax. He stated that the City has a low percentage in business and industry uses compared to residential uses. He stated that they have a high rate of residential uses compared to ownership. He stated that they have low family median income. He stated that the City has low school performance measurement. He stated that with the lowest local financial support to schools provided by state law he says that he thinks that we are the only jurisdiction that supports schools at the minimum rate. He stated that they have an aging infrastructure. He stated that the City has a limited amount of space for industrial business. He stated that there is a continuing moratorium on the City’s ability to stay in the boundaries in order to gain space for growth. He stated that the most qualified candidates will not be excluded that lives in the same ward. He stated that priorities in the City would be given where the most need is. He stated that it is unlikely that the voters would have to vote for a write-in candidate and a ward qualified to be on the ballot. He stated that under this system they have witnessed the democracy through apathy. He stated *Audio available  Minutes from the Petersburg City Council Special Called meeting held on: December 19, 2017 -3– ______________________________________________________________________________ that it is understandable that present council members are comfortable with a system that is successful. He stated that he would hope that the present council members would see that the switch back would increase the chances for the City becoming successful. Vernel Gannaway, 652 Old Wagner Road, stated that he comes to say one thing. He stated that this is something that he has said a few years ago. He stated that they have had systems in the City that they did not understand and that this is bad. He stated that he is not in favor with either side. He stated that his thing is that they all come together. He stated that when they come as a representative of the City that they do some homework. He stated that they are happy with the understanding of what they are doing. He stated that they are looking on the outside looking in. He stated that they see things that are being done through administration. He stated that there is knowledge that they all need to get. He stated that Council Member Wilson-Smith stated information about conferences that they need to attend. He stated that they need to go to these so that they are not left out and that so they can have an understanding of what is going on in the City and around it. Michael Edwards, 409 Grove Avenue, stated that he is very grateful and very respectful of the pioneers that took the case to Washington to defend representation of council on that era. He stated that he has early read the court case between the City of Petersburg and the United States. He stated that the racial demographics at that time would substantiate switching from an at-large to a ward system. He stated that he rises before them this evening in support of exploring the opportunity of changing back to the at-large voting system. He stated that he does support this initiative and he believes that they should not rush this process for the 2018 elections. He stated that he has many concerns about reverting back to an at-large system. He stated that his concerns range from financial cost, representation repercussions, citizens awareness, etc. He stated the key components of his concerns he will share. He stated that he feels that they may be of great concern not only to the citizens but also to the finances of the City. He stated that without any changes to the system and the remaining, potential candidates are able to begin obtaining signatures beginning January 1, 2018. He stated that those seeking to run next year must file by June 12th for the November election. He stated that if this measure is approved tonight and a sponsor carries it to the General Assembly, bills are normally approved or disapproved in late April and would only give the individual 2 months to garner signatures to meet a June deadline without an extension. He stated that if the measure is approved then those who have already obtained signatures on petitions would then have to re-circulate due to the date and the office changes. He stated that under the current ward voting system only those residing in the ward are able to run. He stated that this is providing a more secure sense of representation for that ward. He stated that as the elected body of City Council everyone represents the City as a whole. He stated that they are a face in which the world sees, not the City Manager or the Mayor. He stated that it is up to City Council. He stated that one of the repercussions of the at-large system could potentially be that numerous individuals from one neighborhood or section of the City may run and those three or four could win, potentially shafting others equal and fair representation. He stated that if you have 20 candidates and two or more are within the 1% margin a recount is triggered. He stated that if a recount were to occur during any election cycle, the cost would have to be absorbed by the City and not the candidate. He stated that on election day (Primary or General) they have eight precincts. He stated that one being the central absentee precinct which is voter registration. He stated that a recount would be the same amount but with only 16 personnel, two for each precinct. He stated that the estimated cost for a recount would be $5,000. He stated that the racial demographics have changed tremendously since 1973 after the annexation of land from Dinwiddie and Prince George. He stated that based on 2016-2017 reports the City of Petersburg currently has 25,646 or 79% of African Americans, 5,217 or 16% White and 1,216 or 3% Hispanic or Latino residing in the City. He stated that considering whether or not the measure is approved tonight and at the General Assembly the cost to the City will then be to inform citizens that they no longer have restrictions of running in wards but are now able to run citywide. He stated that voters will still run by ward. He stated that he does see this as an opportunity of great success if done properly. He stated that citizen activist have been very blunt and plain to hold those elected accountable that accountability would be more sustainable if they, the electorate, were able to vote for all those running except those running in just the current ward structure. *Audio available  Minutes from the Petersburg City Council Special Called meeting held on: December 19, 2017 -4– ______________________________________________________________________________ Annie Mickens, 1013 Melville Street, stated that she is speaking as an individual. She stated that a year and a few months ago council gave them the honor as serving as a chair on a committee. She stated that this committee was given a specific task. She stated that one of which it became the work of the committee to look at the possibility of changing the charter. She stated that they returned the recommendation to City Council with regard to the fact that this time they would not recommend any change that would deal with the ward system or the election of council members with specific appointments. She stated that she does not speak for the committee but that she speaks as an individual. She stated that may be their biggest mistake of that time was not entering into a process that would have allowed the community to look at the possibilities of what those charter changes may have meant. She stated that she believes in a process and that she believes in giving people the opportunity to know facts. She stated that they like to criticize the community and say that they are disengaged, uneducated and not involved. She stated that as an organizational structure they do not create the environment or the opportunity. She stated that they do not create the fact pool that allows them to become concerned. She stated that this is their job. She stated that those of them that are present tonight this is their concern to do. She stated that they need to create the environment that the community becomes involved where they give them the facts and information. She stated that they cannot make a decision in the middle of a crisis because they will not be involved. She stated that unless it is a life and death situation then they need to take their time. She stated that they need to create the opportunity. She stated that in whatever they choose that they need to realize that they do not just effect today but the generations to come. She stated that she would like to thank them for allowing her to speak and hope that they consider the comments that were made. Barb Rudolph, 1675 Mt. Vernon Street, stated that she personally believes that there will be some benefits of returning to an at-large election system. She stated that her main concerns are accountability of the elected leaders. She stated that she has had questions about things that people are doing and their commitment that they have shown in the past. She stated that she has seen a lot of improvements shown. She stated that a lot of things in the management of the City slipped. She stated that it slipped out of City Council’s grasp. She stated that she thinks that they all need more awareness and accountability. She stated that one way of getting this is to allow citizens to vote for all of their leaders rather than just one who happens to live close to them. She stated that right now the City is a system of separate neighborhoods and that it is reinforced by the ward system. She stated that the fact that individual council members have ward meetings and work with people and they provide their services to their ward members. She stated that the majority of City Council do not reach out to people in other parts of the City. She stated that she commends Council Member Wilson-Smith who does. She stated that it is not a common thing. She stated that she knows that it is easy to say that they all work for Petersburg but actions speak louder than words. She stated that she is going to mention a couple of other things in response to the other speakers. She stated that others have mentioned also that 45 years ago the racial make-up of Petersburg is different than it is today. She stated that the whole purpose of the City changing from an at-large system to ward system was to address the disproportion of representation that was working for the disadvantage of black residents. She stated that she showed them the chart last week and that she hopes that the Mayor and Council Member Myers saw it. She stated that the numbers of how it has changed is pretty dramatic. She stated that she has lived in the City for 37 years. She stated that she still likes it. She stated that she used to be charmed by the small town. She stated that they are going to be left behind if they do not look at a different way of doing things. She stated that she does agree with what Mrs. Mickens stated. She stated that this idea is not ready for primetime. She stated that this also eludes some of the people’s questions on whether this is a federal issue. She stated that there needs to be a lot more ground work and research and deliberation of careful thoughts on this. She stated that she thinks that it is appropriate that citizens are involved and aware of this. She stated that there are advantages to whatever system they use. She stated that the at-large system is not perfect and neither is the ward system. She stated that she is going to leave them with a thought that she has done a lot of research on other localities and that she will continue to do this. She stated that she thinks that maybe it will be useful in further discussions of this. She stated that there are several cities in Virginia that use a hybrid system. She stated that this is where they *Audio available  Minutes from the Petersburg City Council Special Called meeting held on: December 19, 2017 -5– ______________________________________________________________________________ have a combination of elected representatives by wards and districts. She stated that they also have some at- large representatives in the same City. She stated that the most interesting one to her is Virginia Beach. She stated that Virginia Beach is setup where they have a number of districts like wards. She stated that every corner of the City they have someone that represents it. She stated that there are several at-large councilors that sets them apart from everyone else. She stated that all the councilors in Virginia Beach are elected at- large. She stated that they have a majority of them that are identified for a specific area. She stated that she hopes that they get a chance to talk about this more. She stated that she does not think that it is ready to go to the General Assembly and that she also thinks that it is not ready to be shelved either. Richard Stewart, 129 Rolfe Street, stated that he goes back to the Jim Crow years of Petersburg. He stated that he was on the picket line in 1959. He stated that he was the first black to get a job in the City. He stated that they look at the ward system and that he looks at council. He stated that City Council represents the population of Petersburg. He stated that because of Jim Crow Pocahontas was nearly destroyed. He stated that they should look at Richmond. He stated what have they done in Richmond. He stated that they have a Mayor and council. He stated that one of the things right now is the civil rights war statue. He stated that they should look at it. He asked what would happen with the naming of the schools. He stated that this has a lot to do with the study. He stated that to change this right now would be a problem. He stated that if the ward system changes what will happen to Halifax Street area and 5th Ward. He stated that his recommendation is to leave it like it is until they have taken some time to look into this more. Lafayette Jefferson, 1746 Brandon Avenue, stated that he would like to start off with the facts regarding the financial system with the change of the ward system. He stated that he would actually argue that this is something that is not about any financial gains. He stated that this is about free people having the opportunity to voice their concerns. He stated that it has been stated several times that the racial dynamics of Petersburg have changed he would argue that the power structure in Petersburg has not. He stated that when they take a look at the information they have to look at everything. He stated that he is not naïve to believe that if they got rid of the ward system that everyone would be treated fairly. He stated that with this he would like to say that they should keep the ward system. He stated that free people need to have their voices heard. He stated that free people deserve a right to be heard. He stated that free also have a right to be represented. He stated that all free people need the ability to vote. He stated that with that allow people the opportunity regardless of demographics or anything to choose their own leaders. Brandon Martin, 1546 Berkeley Avenue, stated that he hates to say but that he will say that it has been a lot of effort put into this. He stated that he senses that it is not the ward system or whether it is at-large. He stated that he thinks that it has to do with who are qualified candidates for the various offices in the City. He stated that they have to be sure that they are good people in the end. He stated that either way with the ward system or at-large they still have to have good candidates. Seeing no further hands, Mayor Parham closed the public comments. b. A public hearing to receive citizen comments relating to a request to the General Assembly of Virginia to amend the City Charter changing the method of selecting the Vice Mayor and Mayor from Council appointments to selection by the voters at-large. BACKGROUND: Each year, prior to the General Assembly, Council prepares a Legislative Agenda listing the City’s legislative priorities. Upon Council’s approval, the Legislative Agenda will be submitted to members of the City’s legislative delegation for their consideration. During this hearing Council will receive citizen comments on amending the Charter of the City of Petersburg to allow citizens to elect a Mayor. RECOMMENDATION: Recommend City Council receive public comments and take appropriate action. *Audio available  Minutes from the Petersburg City Council Special Called meeting held on: December 19, 2017 -6– ______________________________________________________________________________ Ms. Harris opened the floor for public comments. Ron Flock, 1708 Pender Avenue, stated that a major point from the last conversation is that the City is nowhere near ready to send this information off to be considered. He stated that there needs to be a lot of education and thought out processes. He stated that he has heard about several different ways of doing this. He stated that when he was on the Citizenry Committee they discussed several things in regard to this. He stated that he is kind of on the fence about it. He stated that his conclusion was that if the City had an elected Mayor at-large they would have to have a platform to run on. He stated that if they consider an option of an at- large Mayor and Vice Mayor and continue the seven wards and give the Mayor and Vice Mayor upholding options. He stated that they need to take the time an explore this information. He stated that they probably need to put together a committee to look at these options. He stated that they should not rush this. He stated that every time they rush something it’s just a matter of time. He asked City Council to please not rush this topic of change. Barb Rudolph, 1675 Mt. Vernon Street, stated that she has the same pitch as others. She stated that she thinks that this is not ready for primetime. She stated that she does want to mention that there has been previous discussions regarding the mayoral election. She stated that there may have been some misconceptions. She stated that in looking across the state she believes that there is only one strong Mayor in Virginia and that this is in Richmond. She stated that Norfolk and Roanoke is a City Manager system. She stated that she does not think that Petersburg is going to jump out and join Richmond. She stated that it is interesting to note that all of the larger cities elect their Mayor at-large. She stated that it is the smaller cities that elect their Mayor from within council. She stated that in some cases an at-large Mayor is elected with a ward system and some with an at-large system. She stated that she believes that the City Manager stated at a few meetings ago when she stated to come back and look at the information because she believes that the two are related. She stated that as they look at how they are going to setup an at-large election and trying to figure out how they are going to pick their council members. She stated that she did not see any place that has a popular election for their Vice Mayor. She stated that all elect the Vice Mayor from within. She stated that in a number of places the citizens do vote for the Mayor directly. She stated that she thinks that another discussion is whether they elect from within or elect without. She stated can it be someone that is not on council. She stated that she thinks that the answer should be yes. She stated Julian Greene, 1625 Blair Road, stated that there are several members in attendance tonight who are part of this special committee. He stated that they are Mr. Flock, Mrs. Mickens, Mr. Rhue and himself. He stated that also Council Member Treska Wilson-Smith. He stated that they are trying to put this information in the legislative packet to ask the General Assembly to change the charter. He asked if City Council has made a decision in terms of which way they are going to recommend this information to the General Assembly. He stated that if they go to the General Assembly it is an election. He stated that he is trying to warn them. He stated that he was a part of the process in 1972. He stated that this is still a part of a federal issue. He stated that the General Assembly is going to tell them that this is not going to work. He stated that he is telling them what he knows. He stated that they have to decide to do their homework. He stated that they need to get the Virginia Municipal League to work with them and they ask questions. Richard Stewart, 129 Rolfe Street, stated that they should keep it like it is. He stated that he is saying this is that so many changes have occurred and that they do not realize that it has occurred. He stated that he remembers when there was not a woman on City Council. He asked are they going to go to the General Assembly and say discrimination in Petersburg. He stated that right now they are being represented on council regardless of gender. He stated that if they start with a lot of changes there are a lot of things to look at. He stated that he is saying to leave it like it is because change brings about change. *Audio available  Minutes from the Petersburg City Council Special Called meeting held on: December 19, 2017 -7– ______________________________________________________________________________ Seeing no further hands, Mayor Parham closed the public comments. Council Member Hill asked if it was appropriate to bring up information regarding the next meeting. He stated that he was looking at the calendar and that they will be meeting the day after the new year. He stated that he thinks that some people will be traveling. He stated that he talked to the City Manager and that it is not a lot on the agenda and that she can push the items back to the 16th. He stated that he wanted to make a motion if it was in order that they postpone the January 2nd meeting and they meet on January 16th. Council Member Hill made a motion that City Council move their January 2nd meeting to January 16th and have only one meeting in January. The motion was seconded by Council Member Myers. The motion was approved on roll call. On roll call vote, voting yes: Smith-Lee, Hill, Myers, Hart and Parham; Voting No: Cuthbert, Wilson-Smith Council Member Wilson-Smith asked were they going to discuss tonight’s topics among City Council. Mayor Parham stated that it was only for a public hearing for public comments. Council Member Wilson-Smith asked where are they after tonight’s public hearing. Mayor Parham stated that at this point there is no action at this time. Council Member Wilson-Smith asked can they have action at this time. Mr. Preston stated that council can vote on an issue as long as the public has weighed in on it. He stated that if council wants to make a motion they can. Council Member Wilson-Smith stated that after listening to the citizens comments on both issues and after studying the issue she stated that it makes her think that the court retains jurisdiction as to whether or not they are allowed to do something. She stated that after hearing a lot of uncertainty in the citizens it appears to her that they are out of time when it comes to having this information to the General Assembly. She stated that they are already at December 19th. She stated that she thinks that they should squash this for this General Assembly term and start back on it in January with the committees and study the issue and come back next year at the August retreat with ways on what it is they are going to do. She stated that this is a motion. Council Member Wilson-Smith made a motion to table this information and get a committee back to study this and come back to council with ideas and information in 2018. The motion was seconded by Council Member Smith-Lee. The motion was approved on roll call. On roll call vote, voting yes: Smith-Lee and Wilson- Smith; Voting No: Cuthbert, Myers, Hill, Hart and Parham Mr. Preston stated that they cannot change the date of a regular meeting at a special called meeting. He stated that they have to have the meeting on the next meeting of January 2nd, 2018. 3. ADJOURNMENT: City Council adjourned at 7:35 p.m. _________________________ Clerk of City Council APPROVED: *Audio available  Minutes from the Petersburg City Council Special Called meeting held on: December 19, 2017 -8– ______________________________________________________________________________ _________________________ Mayor *Audio available