City Council

City of Petersburg City Council Virginia www.petersburgva.gov Samuel Parham, Mayor – Ward 3 John A. Hart, Sr., Vice­Mayor– Ward 7 Treska Wilson­Smith, Councilor – Ward 1 Darrin Hill, Councilor – Ward 2 Special City Council Charlie Cuthbert, Councilor – Ward 4 W. Howard Myers, Councilor– Ward 5 Meeting Annette Smith­Lee, Councilor – Ward 6 May 5, 2020 City Manager Union Train Station Aretha R. Ferrell­Benavides 103 River Street 12:00 PM 1. Call to Order 2. Roll Call 3. Reports a. FY2020­2021 City of Petersburg Budget Update b. Personnel Policy Update c. FY18/19 CAFR Update d. Water Collection Emergency Services Update e. COVID­19 Status Update 4. Consideration a. Consideration of the FY2020­2021 Budget Ordinance ­ 1st Reading b. Consideration of Water Collection Emergency Services Ordinance ­ 1st Reading c. Consideration to schedule a public hearing on May 19, 2020 for an ordinance to endorse a proposed tourism development project and to authorize other actions consistent wit the Virginia Tourism Gap Financing. d. Resolution Authorizing the City Manager Authority to Accept Donations During the COVID­19 Pandemic in Furtherance of Continued City Operations. e. Consideration to schedule a public hearing on May 19, 2020 for re­adoption of Continuity of Government Ordinance. f. Consideration of amendments to the Citywide Classification & Compensation System for 2020. g. Consideration of authorization to execute a Development Agreement regarding the development of the Harbor Area and amend the ordinance previously adopted 5. Adjournment Page 1 of 80 City of Petersburg Bridging our Path to a Brighter Future Comprehensive Annual Financial Report (CAFR) Briefing FY 18/19 Page 2 of 80 1  Pre-audit staff and City staff began CAFR Update FY 18/19 FY18/19 CAFR audit work in February 2020 Staff data collection of pre-audit items  Feb-May Current Status Initial data collection info provided to the City’s auditors, Robinson, Farmer, Cox & Associates (RFCA) on Monday, May 4th 2 Page 3 of 80   May- Audit Fieldwork & Follow-up  Auditors begin fieldwork (sampling/testing) CAFR Update FY 18/19 of audit items (RFCA)  City staff will continue to respond and provide documentation to additional audit requests, as needed  Staff working to address FY17/18 CAFR findings Next Steps  June- Audit analysis & completion  Auditors will complete their analysis and assembling of document  Plan to present CAFR to City Council on June 30th 3 Page 4 of 80  City of Petersburg (Intra-city Correspondence) MEMORANDUM DATE: April 30, 2020 TO: Aretha R. Ferrell-Benavides, City Manager THRU: Lionel D. Lyons, Deputy City Manager of Development FROM: Tangela Innis, Director - Public of Utilities and Capital Projects Gerrit VanVoorhees, Director – Department of Information Technology Patrice Elliot, Director – Finance Department Monte Evans, Manager – Office of Billing and Collections Janell Sinclair, Operations Manager –Office of Public Utilities and Capital Projects SUBJECT: Water Billing – Fact Sheet and Disconnected Accounts Recommendations Statistics a. There are approximately 12,850 active service addresses (individual property addresses). b. There are approximately 539 stormwater accounts. c. From July 1, 2019 to January 31, 2020, the City suspended water services at 731 individual property addresses. Since that time, the City has not initiated or executed any Delinquent disconnections. d. 320 customers reconnected services by submitting payment of delinquent balances. e. 147 customers started new services at the same property addresses that services were once suspended. f. 264 property addresses do not have a record reflecting reconnection or establishing a new service. g. The City’s FY20 Utility Fund was budgeted at $14,722,754. h. It has been determined that the 3,210 Delinquent accounts (over 90 days late) amounts to approximately $3,249,791. Facts  As standard practice, the Department of Social Services does not provide assistance with water services. However, their Assistance programs are focused on heating and cooling.  Process for Disconnections: o Billing and Collections would generate a report in BAI of delinquent accounts due to non-payment and/or broken payment agreement. Page 5 of 80  o Billing and Collections would generate a work order to have services disconnected and the account status (BAI) would be changed from Active to Inactive. o The Public Utilities Department would receive the work order from Billing and Collections and the customers services would be disconnected.  Process for Reconnecting Services after Disconnection of Service: o Billing and Collections would receive a request to reactivate services from the customer. o Customer would have to pay all delinquent balances and pay a new deposit to have services reconnected. o Billing and Collections would generate a work order to have the services reconnected and the account status would be changed from Inactive to Active. o The Public Utilities Department would receive the work order from Billing and Collections then the customer services would be reconnected. Recommendations 1. City Council will temporarily suspend Section 114.150 of the City Code and adopt an Ordinance. This Ordinance will allow the City to establish and implement a process to re-establish services for customers that were previously suspended to remain in effective until the dissolution of the Executive Order by Governor Northam. 2. City Council approves one of the below options: a. 50% of the delinquent amount paid and a payment agreement must be signed when the request to reconnect service has been requested. 50% of the outstanding delinquent amount must be paid within 6 months in addition to the current utility bill. Failure to comply with the payment terms will result in the disconnection of services at the dissolution of the Executive Order by Governor Northam. b. 25% of the delinquent amount paid and a payment agreement must be signed when the request to reconnect service has been requested. 75% of the outstanding delinquent amount must be paid within 6 months in addition to the current utility bill. Failure to comply with the payment terms will result in the disconnection of services at the dissolution of the Executive Order by Governor Northam. c. 0% - reconnect water services for delinquent customer without deposit or reconnection fees. Services Connected with no payment agreement for the past due amount. City would be re-connecting services for accounts with delinquent balance with no option to collect on the delinquent balance. If this option is chosen, numerous customers could decide not to submit payment for services. Although, highly unlikely; this is an option that must be explored. This could result in the collapse of the Utility Fund as the City would not be allowed to disconnect due to non-payment. d. Continue operating as we were, without initiating or executing any Delinquent account 2 disconnections. Page Page 6 of 80 3. To work in collaboration with the State Corporation Commission, the City will work with customers that are disconnected to be reconnected; offer payments plans; and waive reconnection fees. Plan of Action (upon Council approval)  Public notification of the Delinquent Reconnection Plan.  Establish customer contact phone line and email which will be manned by City personnel at the City Hall Annex Building. This customer contact line and email will occur for two weeks this month as soon as this item is approved by Council. o Customers will contact the City to inform representatives that they do not have water services. o The customers’ information will be verified, payment terms will be established, and guidelines will be provided to the customer as to what are the next steps in the process. o Utilities staff will make a site visit to determine the needs to install a meter and reconnect services. 3 Page Page 7 of 80 The Department of Public Utilities and Capital Projects City of May 05, 2020 1 Rebuilding Our Foundation for a Brighter Future Page 8 of 80 Water Billing Water Billing Fact Sheet Disconnected Accounts and Recommendations Tangela Innis Director of Public Utilities/Capital Projects Rebuilding Our Foundation for a Brighter Future Page 9 of 80 2 History The City of Petersburg has not disconnected any water customers since January 31, 2020, which was 58 days prior to the Governor Northam’s shelter in place order issued on March 30, 2020. The City of Petersburg currently has 3,210 delinquent accounts, those exceeding 90 days past due which represent $3,249,791 in uncollected revenue. We continue to be very sensitive to the needs of our community during this pandemic and suspended our disconnection process. Rebuilding Our Foundation for a Brighter Future Page 10 of 80 3 History cont. From December 2015 to October 2016 to the city of Petersburg ceased all delinquent disconnections, to include charging late fees and penalties. By 2017, the City was determined to reduce the large number of delinquencies and began initiating a more aggressive disconnection plan for individuals that were well over 90 days in a delinquency status and had accumulated over $2,000 in debt from Utility Services. Rebuilding Our Foundation for a Brighter Future Page 11 of 80 4 History cont. With the large volume of customers in this category a phased approach was implemented. Since 2017, the city has suspended 2,361 customers water services. This process resulted in many individuals working with the City to re-establish services though full payments and/or payment plans. This process was crucial as the City is only a conduit to providing water, sewer and trash services. Each are purchased from other organizations by the City. This also helped to address the previous deficits within the utility Fund that had accumulated due to a decrease in payments and revenues collections. Rebuilding Our Foundation for a Brighter Future Page 12 of 80 5 Statistics a. There are approximately 12,850 active service addresses (individual property addresses). b. There are approximately 539 stormwater accounts. c. The City purchases water wholesale from Appomattox River Water Authority (ARWA) at $0.976 per 100,000 gallons. Which equates to approximately $400,000 quarterly. d. From July 1, 2019 to January 31, 2020, the City suspended water services at 731 individual property addresses. Since that time, the City has not initiated or executed any Delinquent disconnections. e. 320 customers reconnected services by submitting payment of delinquent balances. Rebuilding Our Foundation for a Brighter Future Page 13 of 80 6 Statistics cont. f. 147 customers started new services at the same property addresses that services were once suspended. g. 264 property addresses do not have a record reflecting reconnection or establishing a new service. h. The City’s FY20 Utility Fund was budgeted at $14,722,754. i. It has been determined that the 3,210 Delinquent accounts (over 90 days late) amounts to approximately $3,249,791. j. The City charges a reconnection fee of $50.00 to each account that needs services restored. Rebuilding Our Foundation for a Brighter Future Page 14 of 80 7 Facts  As standard practice, the Department of Social Services does not provide assistance with water services. However, their Assistance programs are focused on heating and cooling.  Process for Disconnections: o Billing and Collections would generate a report in BAI of delinquent accounts due to non-payment and/or broken payment agreement. o Billing and Collections would generate a work order to have services disconnected and the account status (BAI) would be changed from Active to Inactive. o The Public Utilities Department would receive the work order from Billing and Collections and the customers’ services would be disconnected. Rebuilding Our Foundation for a Brighter Future Page 15 of 80 8  Facts cont.  Process for Reconnecting Services after Disconnection of Service: o Billing and Collections would receive a request to reactivate services from the customer. o Customer would have to pay all delinquent balances and pay a new deposit to have services reconnected. o Billing and Collections would generate a work order to have the services reconnected and the account status would be changed from Inactive to Active. o The Public Utilities Department would receive the work order from Billing and Collections then the customers’ services would be reconnected. Rebuilding Our Foundation for a Brighter Future Page 16 of 80 9 Recommendations 1. City Council temporarily suspend Section 114.150 of the City Code and adopt an Ordinance. This Ordinance will allow the City to establish and implement a process to re- establish services for customers that were previously suspended to remain in effective until the dissolution of the Executive Order by Governor Northam. Rebuilding Our Foundation for a Brighter Future Page 17 of 80 10  Recommendations cont. 2. City Council approves one of the below four options: a. 50% of the delinquent amount paid and a payment agreement must be signed when the request to reconnect service has been requested. 50% of the outstanding delinquent amount must be paid within 6 months in addition to the current utility bill. Failure to comply with the payment terms will result in the disconnection of services at the dissolution of the Executive Order by Governor Northam. b. 25% of the delinquent amount paid and a payment agreement must be signed when the request to reconnect service has been requested. 75% of the outstanding delinquent amount must be paid within 6 months in addition to the current utility bill. Failure to comply with the payment terms will result in the disconnection of services at the dissolution of the Executive Order by Governor Northam. Rebuilding Our Foundation for a Brighter Future Page 18 of 80 11 Recommendations cont. c. 0% - reconnect water services for delinquent customer without deposit or reconnection fees. Services Connected with no payment agreement for the past due amount. City would be re-connecting services for accounts with delinquent balance with no option to collect on the delinquent balance. If this option is chosen, numerous customers could decide not to submit payment for services. Although, highly unlikely; this is an option that must be explored. This could result in the collapse of the Utility Fund as the City would not be allowed to disconnect due to non-payment. d. Continue operating as we were, without initiating or executing any Delinquent account disconnections. Rebuilding Our Foundation for a Brighter Future Page 19 of 80 12 Recommendations cont. 3. To work in collaboration with the State Corporation Commission, the City will work with customers that are disconnected to be reconnected; offer payments plans; and waive reconnection fees. Rebuilding Our Foundation for a Brighter Future Page 20 of 80 13 Plan Of Action (upon Council Approval)  Public notification of the Delinquent Reconnection Plan.  Establish customer contact phone line and email which will be manned by City personnel at the City Hall Annex Building. This customer contact line and email will occur for two weeks beginning this month during the hours of 9:30 am – 3:30 pm. o Customers will contact the City to inform representatives that they do not have water services. o The customers’ information will be verified, payment terms will be established, and guidelines will be provided to the customer as to what are the next steps in the process. o Utilities staff will make a site visit to determine the needs to install a meter and reconnect services. Rebuilding Our Foundation for a Brighter Future Page 21 of 80 14 Questions Rebuilding Our Foundation for a Brighter Future Page 22 of 80 15  4.a. City of Petersburg Ordinance, Resolution, and Agenda Request DATE: May 5, 2020 TO: The Honorable Mayor and Members of City Council THROUGH: Aretha Ferrell-Benavides, City Manager FROM: Robert Floyd RE: Consideration of the FY2020-2021 Budget Ordinance - 1st Reading PURPOSE: To adopt and appropriate the All Funds Budget for Fiscal Year Ending June 30, 2021 in the amount of $104,325,053. REASON: A Public Hearing was held in accordance with Section 15.2-2606 of the Code of Virginia of 1950, as amended, on the proposed budgets of the various funds, known as All Funds, in the amount of $104,325,053. The All Funds Budget for the Fiscal Year commencing July 1, 2020 and ending June 30, 2021 needs to be approved, adopted and appropriated by City Council. RECOMMENDATION: Recommend City Council adopt and appropriate the All Funds Budget for Fiscal Year 2020-21. BACKGROUND: The City Manager proposed an All Funds Budget to the City Council on March 31,2020. After several weeks of analyzing the economic impacts of the Covid-19 Pandemic, the City Manager adjusted the originally proposed budget and subsequently distributed the changes to the City Council. There was a public hearing held on April 28, 2020. This is the first reading of the All Funds budget ordinance. COST TO CITY: N/A BUDGETED ITEM: Yes REVENUE TO CITY: $104,325,053 CITY COUNCIL HEARING DATE: CONSIDERATION BY OTHER GOVERNMENT ENTITIES: N/A AFFECTED AGENCIES: All City of Petersburg Departments RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: N/A Page 23 of 80 REQUIRED CHANGES TO WORK PROGRAMS: N/A ATTACHMENTS: 1. All Funds Appopriation FY20-21 Budget Page 24 of 80  AN ORDINANCE MAKING APPROPRIATIONS IN THE ALL FUNDS BUDGET FOR THE FISCAL YEAR COMMENCING ON JULY 1, 2020 AND ENDING JUNE 30, 2021. BE IT ORDAINED by the City Council of the City of Petersburg, Virginia: I. That appropriations for the fiscal year commencing July 1, 2020 and ending June 30, 2021, in the All Funds Budget are made from the following resources and revenues of the City, for the fiscal year ending June 30, 2021. Revenue General Fund Revenue $73,338,140 General Property Taxes $32,697,309 Other Local Taxes $13,496,877 Licenses, Permits and Fees $363,600 Fines and Forfeitures $858,643 Revenue from Use of Money and Property $122,000 Revenue from Other Agencies $21,359,691 Charges for Services $3,016,083 Recovered Costs $80,500 Miscellaneous Revenues $1,109,737 Non-Revenue Receipts $233,700 Grants Fund Revenue $785,302 Community Development Block Grant $1,592,032 VDOT Highway Maintenance Urban Allocation $5,981,699 Utilities $15.,119,619 Mass Transit $4,843,163 Dogwood Trace Golf Course $1,204,850 Stormwater $1,460,249 Total Revenue $104,325,053 II. That there shall be appropriated from the resources and revenues of the City of Petersburg for the fiscal year commencing on July 1, 2020 and ending June 30, 2021 the following sums for the purposes mentioned: Expenses General Fund Expenditures $73,338,140 General Government $6,146,167 Constitutional Offices $4,574,487 Public Safety $17,302,539 Courts & Other Public Safety $283,275 General Services $4,498,541 Social Services $14,905,559 Recreation & Community Engagement $1,626,268 Page 25 of 80  Development Services $1,683,001 Debt Service $3,531,889 Fund Balance Restoration $1,000,000 Schools Transfer $10,000,000 Non-Departmental $6,558,609 Transfers to other Funds $1,227,805 Grants Fund Revenue $785,302 Community Development Block Grant $1,592,032 VDOT Highway Maintenance Urban Allocation $5,981,699 Utilities $15.,119,619 Mass Transit $4,843,163 Dogwood Trace Golf Course $1,204,850 Stormwater $1,460,249 Total Expenses $104,325,053 Page 26 of 80  4.b. City of Petersburg Ordinance, Resolution, and Agenda Request DATE: May 5, 2020 TO: The Honorable Mayor and Members of City Council THROUGH: Aretha Ferrell-Benavides, City Manager Lionel Lyons, Deputy City Manager of Development FROM: RE: Consideration of Water Collection Emergency Services Ordinance - 1st Reading PURPOSE: To request a public hearing to receive public comment on a proposed Ordinance granting the City Manager the authority reconnect water services and/or establish payment arrangements with customers after delinquent service disconnection. REASON: In accordance with the Code of Virginia, a public hearing must be held before changes can be made to section of City code and the issuance of an ordinance. RECOMMENDATION: To schedule a public hearing for May 19, 2020 BACKGROUND: City Administration received concerns from citizens and council in regards to citizens who were without water during the COVID-19 epidemic. The proposed ordinance will allow us to re-establish services with customers who were previously disconnected due to delinquent water accounts. COST TO CITY: BUDGETED ITEM: REVENUE TO CITY: CITY COUNCIL HEARING DATE: 5/19/2020 CONSIDERATION BY OTHER GOVERNMENT ENTITIES: N/A AFFECTED AGENCIES: Billing and Collections Public Utilities Department RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: Section 114-150 (b) Page 27 of 80 REQUIRED CHANGES TO WORK PROGRAMS: ATTACHMENTS: 1. ordinance 114-150-b Page 28 of 80  Ord- Adopted: AN ORDINANCE AMENDING THE CODE OF THE CITY OF PETERSBURG TEMPORARILY SUSPENDING SECTION 114-150 (B). WHEREAS, the requirements for payment of water bills is set forth in Section 114-150 (b) of the Petersburg City Code; and WHEREAS, it is the belief of Council that protection of the public health, safety and welfare includes ensuring citizens have the ability to enjoy safe running drinking water during the COVID-19 pandemic; and WHEREAS, Council believes that temporary suspension of the strict collection requirements of Section 114-150(b) and the implementation of alternative temporary administrative procedures in conjunction with the adoption of this ordinance will be of benefit to the citizens of Petersburg. NOW THEREFORE, CITY COUNCIL FOR THE THE CITY OF PETERSBURG HEREBY ORDAINS that Section 114-150(b) of the City Code is hereby suspended, and is replaced by an Administrative Procedure approved by City Council in conjunction with this Ordinance which suspension and Administrative Procedure shall remain in place for the duration of the COVID-19 Pandemic and the Administrative Procedure shall be automatically rescinded and Section 114-150(b) shall be automatically reinstated at the conclusion of the Pandemic which shall be deemed to have occurred upon rescission, dissolution, or cessation of effect of Executive Order 55 with no further action required by Council; or at such sooner time as Council may determine by adoption of an Ordinance rescinding this Ordinance. Page 29 of 80  4.c . City of Petersburg Ordinance, Resolution, and Agenda Request DATE: May 5, 2020 TO: The Honorable Mayor and Members of City Council THROUGH: Aretha Ferrell-Benavides, City Manager Lionel Lyons, Deputy City Manager of Development FROM: Carthan Currin RE: Consideration to schedule a public hearing on May 19, 2020 for an ordinance to endorse a proposed tourism development project and to authorize other actions consistent wit the Virginia Tourism Gap Financing. PURPOSE: To request a public hearing to be scheduled for May 19, 2020, regarding an ordinance to endorse a proposed tourism development project, and to authorize other actions consistent with Virginia Tourism Gap Financing. REASON: This ordinance will formally endorse the Hotel Development Project at 20 West Tabb Street as a tourism project for the purpose of allowing the project to qualify for the Commonwealth of Virginia Tourism Development Financing program. RECOMMENDATION: To schedule a public hearing for May 19, 2020. BACKGROUND: The City of Petersburg City Council established the Petersburg Tourism Zone pursuant to the Virginia Code Section 58.1-3851 by adopting 16-ORD-6 on February 2, 2016. This ordinance is in furtherance of the goals set forth in the City’s Comprehensive Plan, Vision 20/20. Compliance with the Virginia Code Section 58.1-3851 requires approval and certification by the Comptroller of the Commonwealth of Virginia, and the execution of a Performance agreement between the Developer and the City of Petersburg. A Tourism Development Financing Program, administered by the Virginia Tourism Corporation, is a two-tiered gap financing program for qualified tourism development projects in Virginia. The Tourism Development Financing Program provides gap financing to support tourism-related development in designated Tourism Zones through a partnership between a Project Developer, the Locality and the Commonwealth of Virginia. The program requires a Performance Agreement between Commonwealth of Virginia, the Locality and the Developer, as well as a Tourism Development Plan. Once the Project is completed and generating income, the Locality with the Virginia Department of Taxation performs quarterly reviews of Sales and Use taxes collected from the Tourism Development Project. One percent of the quarterly Sales and Use tax revenue generated from the Development Project is the amount each of the three partners contributes toward the Page 30 of 80 debt service of the project until the debt is fully paid. The Hotel Development Project at 20 West Tabb Street is a qualified tourism development project seeking to participate in the Virginia Tourism Development Financing Program. The total cost fo the project is approximately $__________, and it will generate approximately _______ part-time and _______ full-time jobs. As a qualified Tourism Development Project, the Developer is eligible to apply for up to 30% of the total project costs for gap financing. COST TO CITY: 1% of the quarterly Sales and Use Tax generated by the Project until the gap financing is repaid. The Developer and the Commonwealth of Virginia will also pay 1% of the quarterly Sales and Use Tax generated by the Project until the gap financing is repaid. BUDGETED ITEM: N/A REVENUE TO CITY: New Sales and Use Tax revenue beginning with the opening of the Hotel Development Project, associated other revenue from the project including meals lodging and increased real estate taxes. CITY COUNCIL HEARING DATE: 5/19/2020 CONSIDERATION BY OTHER GOVERNMENT ENTITIES: Virginia Tourism Corporation, the Virginia Resources Authority and the Commonwealth of Virginia Comptroller. AFFECTED AGENCIES: The City of Petersburg Department of Finance, The City Assessor, The Commissioner of the Revenue, and the Office of Economic Developer. RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: 16-ORD-06 REQUIRED CHANGES TO WORK PROGRAMS: N/A ATTACHMENTS: None Page 31 of 80  4.d. City of Petersburg Ordinance, Resolution, and Agenda Request DATE: May 5, 2020 TO: The Honorable Mayor and Members of City Council THROUGH: Kenneth Miller, Public Safety Director Aretha Ferrell-Benavides, City Manager FROM: Gregory Geist RE: Resolution Authorizing the City Manager Authority to Accept Donations During the COVID-19 Pandemic in Furtherance of Continued City Operations. PURPOSE: Resolution authorizing the City Manager to accept donations during the COVID-19 Pandemic in furtherance of continued City Operations. REASON: RECOMMENDATION: City Council approve the resolution authorizing the City Manager to accept donations during the COVID-19 Pandemic in furtherance of continued city operations. BACKGROUND: N/A COST TO CITY: N/A BUDGETED ITEM: N/A REVENUE TO CITY: N/A CITY COUNCIL HEARING DATE: 5/5/2020 CONSIDERATION BY OTHER GOVERNMENT ENTITIES: N/A AFFECTED AGENCIES: N/A RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: N/A REQUIRED CHANGES TO WORK PROGRAMS: N/A ATTACHMENTS: 1. resolution - gifts and donations Page 32 of 80  RESOLUTION AUTHORIZING THE CITY MANAGER AUTHORITY TO ACCEPT DONATIONS DURING THE COVID-19 PANDEMIC IN FURTHERANCE OF CONTINUED CITY OPERATIONS ____________________________________________ BE IT RESOLVED, by the City Council of the City of Petersburg as follows: WHEREAS, City Council is authorized to accept gifts and donations to the City in accordance with §15.2-951 and §15.2-1108 of the Code of Virginia; and WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order Fifty- One declaring a state of emergency for the Commonwealth of Virginia arising from the novel coronavirus (COVID-19) pandemic; and WHEREAS, Executive Order Fifty-One acknowledged the existence of a disaster as defined by Virginia Code Section 44-146.16 arising from the public health threat presented by a communicable disease anticipated to spread; and WHEREAS, Executive Order Fifty-One ordered implementation of the Commonwealth of Virginia Emergency Operations Plan, activation of the Virginia emergency Operations Center to provide assistance to local governments, and authorization for executive branch agencies to waiver “any state requirement or regulation” as appropriate; and WHEREAS, on March 14, 2020 the City Manager in her capacity as Director of Emergency Management, made a Declaration of Local Emergency for the City of Petersburg; and WHEREAS, on March 31, 2020 City Council for the city of Petersburg did CONFIRM and RATIFY said Declaration of Local Emergency made by the City Manager in her capacity as Director of Emergency Management which declaration remains active throughout the entire City of Petersburg; and WHEREAS, as a result of the Governor’s Executive Order Fifty-Three imposing a “Stay at Home” Order upon the populace, the City has and continues to operate in an emergency modified status; and WHEREAS, the continued provision of emergency and other services has imposed an extreme financial burden upon the City; and WHEREAS, citizens and other groups have offered gifts and charitable donations to the City which would help alleviate some of the financial burdens faced by the City in the wake of the COVID-19 crisis; and Page 33 of 80 WHEREAS, it is the belief of Petersburg City Council that authorizing the Manager to accept such donations on behalf of the City during the COVID-19 Pandemic would be of great benefit to the City and its ability to function efficiently and effectively during the crisis. NOW therefore be it RESOLVED that the City Manager is hereby authorized to accept donations and gifts to the City on behalf of the City in furtherance of its continued operations during the COVID-19 Pandemic; and BE it FURTHER RESOLVED that the acceptance by the Manger of any prior gifts or donations to the City which were made subsequent to the Governor’s Executive Order 51 that were made in furtherance of continued City operations during the COVID-19 Pandemic are hereby confirmed and ratified by Petersburg City Council; and BE it FURTHER RESOLVED that this Resolution shall terminate and be of no further force and effect upon and/or withdrawal or termination by other means of the “Stay at Home” provisions of the Governor’s Executive Order 53, whichever event may come first. Page 34 of 80  4.e . City of Petersburg Ordinance, Resolution, and Agenda Request DATE: May 5, 2020 TO: The Honorable Mayor and Members of City Council THROUGH: FROM: Anthony Williams RE: Consideration to schedule a public hearing on May 19, 2020 for re-adoption of Continuity of Government Ordinance. PURPOSE: Council adopt the Continuity of Government Ordinance on March 31, 2020. By its terms, it will expire on May 31, 2020 unless re-adopted by Council prior to expiration in which case it may continue in effect until October 1, 2020 or until such earlier time as Council may choose to rescind it. REASON: The Continuity of Government Ordinance was adopted by City Council on March 31, 2020 with a sixty-day sunset clause unless council re-adopt the ordinance which will extend the ordinance for additional time (six months) from the date of original adoption (October 1, 2020) unless rescinded by Council prior to that date. RECOMMENDATION: Schedule public hearing for approval of ordinance. BACKGROUND: The Continuity of Government Ordinance was adopted by City Council on March 31, 2020 with a sixty day sunset clause unless council re-adopts the ordinance which will extend the ordinance for additional time (six months) from the date of original adoption (October 1, 2020) unless rescinded by Council prior to that date. COST TO CITY: 0 BUDGETED ITEM: N/A REVENUE TO CITY: N/A CITY COUNCIL HEARING DATE: CONSIDERATION BY OTHER GOVERNMENT ENTITIES: N/A AFFECTED AGENCIES: All RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: Previously adopted Page 35 of 80 REQUIRED CHANGES TO WORK PROGRAMS: N/A ATTACHMENTS: 1. continuity of government ordinance-readopt (1) Page 36 of 80 AN EMERGENCY ORDINANCE TO EFFECTUATE TEMPORARY CHANGES IN CERTAIN DEADLINES AND TO MODIFY PUBLIC MEETING AND PUBLIC HEARING PRACTICES AND PROCEDURES TO ADDRESS CONTINUITY OF OPERATIONS ASSOCIATED WITH PANDEMIC DISASTER. WHEREAS, on March 12, 2020, Governor Ralph S. Northam issued Executive Order Fifty-One declaring a state of emergency for the Commonwealth of Virginia arising from the novel coronavirus (COVID-19) pandemic; and WHEREAS, Executive Order Fifty-One acknowledged the existence of a disaster as defined by Virginia Code Section 44-146.16 arising from the public health threat presented by a communicable disease anticipated to spread; and WHEREAS, Executive Order Fifty-One ordered implementation of the Commonwealth of Virginia Emergency Operations Plan, activation of the Virginia emergency Operations Center to provide assistance to local governments, and authorization for executive branch agencies to waiver “any state requirement or regulation” as appropriate; and WHEREAS, on March 14, 2020 the City Manager in her capacity as Director of Emergency Management, made a Declaration of Local Emergency for the City of Petersburg; and WHEREAS, on March 31, 2020 City Council for the city of Petersburg did CONFIRM and RATIFY said Declaration of Local Emergency made by the City Manager in her capacity as Director of Emergency Management which declaration remains active throughout the entire City of Petersburg; and WHEREAS, Virginia Code Section 15.2-1413 provides that a locality may, by ordinance, provide a method at variance with general or special laws to assure continuity of government in the event of a disaster for a period not to exceed six months; and WHEREAS Virginia Code Section 44-146.21(C) further provides that a local director of emergency management or any member of a governing body in his/her absence may upon the declaration of a local emergency “proceed without regard to time-consuming procedures and formalities prescribed by law (except mandatory constitutional requirements pertaining to performance of public work;” and WHEREAS, Virginia Code Section 2.2-3708.2(A)(3) allows, under certain procedural requirements including public notice and access, that members of City Council may convene solely by electronic means to “address the emergency;” and WHEREAS, the open public meeting requirements of the Virginia Freedom of Information Act are limited only by a properly claimed exemption provided under that Act or “any other statute;” and WHEREAS, federal and state guidance from the executive branch has recommended suspension of public and private gatherings of more than ten attendees; and Page 37 of 80 WHEREAS, the Governor’s Executive Order 53 has prohibited public and private gatherings of ten or more persons with limited exceptions; and WHEREAS, it is the belief of City Council that these limitations are intended in the furtherance of public health, safety, and welfare to prevent the spread of contagion; and WHEREAS, this Ordinance was previously adopted by Council on March 31, 2020 with an expiration date of sixty days (May 31, 2020) unless readopted by Council; and WHEREAS, it is the belief of Council that due to the continuation of the COVID-19 Pandemic, it is necessary to continue this Ordinance in full force and effect for its full term, not to exceed six months from the original date declaration of emergency (this Ordinance will expire on September 14, 2020) unless rescinded earlier by Council. NOW, THEREFORE BE IT ORDAINED by Council for the City of Petersburg that the regularly scheduled meetings and corresponding agenda items scheduled or proposed to be considered for the duration of the local emergency declaration not to exceed six (6) months by the City Council, Planning Commission, or any other City Board or commission shall be deemed continued and the time limitations for action shall be deemed stayed (frozen) for the duration of the local emergency declaration, not to exceed six (6) months, if the City Council, Planning Commission or other board or commission does not take action on the agenda item during the referenced timeframe, including those agenda items for which state or local law requires an affirmative action to be taken within a statutorily-mandated timeframe and the failure to take such action during the statutorily-mandate timeframe shall not be deemed an approval or otherwise prejudice or impact any rights or authority of City Council to fully and fairly consider the item; and BE IT FURTHER ORDAINED, that notwithstanding the foregoing, City Council, the Planning Commission, and any other City board or commission, may, at their election, conduct previously scheduled meetings or special meetings and act upon scheduled or proposed agenda items before them for the duration of the emergency declaration thereafter, under normal procedures or solely be electronic means in compliance with public notice, access, and other requirements of Virginia Code 2.2-3708.2(A(3) to the extent reasonably practicable, and that City Council, the Planning Commission may in the exercise of reasonable discretion and consideration of the health, safety, and welfare of the public, place limitations on physical attendance consistent with Executive Orders of the Governor and/or recommendations of the State Health Commissioner; and BE IT FURTHER ORDAINED, that in the event that a public hearing matter is deemed by the applicable governing body to present a critical government function essential to continuity of government for the duration of the emergency declaration, the public hearing may be conducted by an open public comment period called for during an electronic meeting, in which case, action by the governing body shall be continued to a subsequent meeting pending receipt of such comments. Public comments shall be received by written submittal (including but not limited to email) delivered to the City Clerk of designee during the period stated in the call for public comments which comment period shall be a minimum of six (6) calendar days; and Page 38 of 80 BE IT FURTHER ORDAINED, that any statute, ordinance, or Rule of Council contrary to the provisions of this Ordinance shall be deemed superseded by this Ordinance to the extent permissible by law; and BE IT FURTHER ORDAINED, that City Council reserves the right by subsequently enacted ordinance to rescind or amend this ordinance. An emergency is deemed to exist and this Ordinance shall be deemed effective upon the date of the Declaration of Local Emergency and shall automatically terminate in sixty (60) daysuntil September 14, 2020 unless readopted after publication in accordance with the requirements of the Code of Virginia. Upon such publication, the Ordinance shall remain in effect for six months from the date of Declaration of Local Emergency or until such shorter time as Council may impose by subsequently enacted ordinance. APPROVED: ___________________________________ Mayor Samuel Parham on behalf of Petersburg City Council ATTEST: ________________________________ Clerk of Council APPROVED AS TO FORM: ___________________________________ Anthony C. Williams, City Attorney Page 39 of 80 Page 40 of 80  4.f. City of Petersburg Ordinance, Resolution, and Agenda Request DATE: May 5, 2020 TO: The Honorable Mayor and Members of City Council THROUGH: Aretha Ferrell-Benavides, City Manager FROM: Kim Robinson RE: Consideration of amendments to the Citywide Classification & Compensation System for 2020. PURPOSE: Review and update of the City's current classification and compensation system to accommodate organizational realignment; external competitiveness; and internal equity in pay and responsibilities. REASON: The City employs a wide range of jobs and work responsibilities that are the same in the public and private sector. The City’s current pay plan and classification system was developed in 2015 based on a comprehensive citywide study. Adjustments are needed to the compensation system structure to accommodate organizational alignment; external competitiveness; and internal equity in pay and responsibilities. The City seeks to update its pay plan in order to recruit and retain professional and skilled workforce that will continue to grow our City, as a locality of choice. RECOMMENDATION: Recommend City Council revise the listed classifications and corresponding job descriptions to the City’s pay plan and to place each classification in the compensation system, accordingly: Assistant Manager, Billing & Collections Director of Public Utilities and Capital Projects IT Analyst Paralegal BACKGROUND: The City hired a consultant firm, Management Advisory Group, Inc. (MAG), to conduct a compensation and classification study for the City’s classifications. The goal of the project was to provide a foundation for an appropriate classification and compensation system and pay plan based on current compensation levels for Page 41 of 80 similar public-sector employers, municipalities, and local market competitors. The study resulted in the development of an updated classification plan and the development of a compensation system and pay plan. In December 2015, City Council agreed with the study results and adopted the new Classification & Compensation system. The new system addressed internal/external equity by granting salary adjustments to over 100 employees; eliminated certain outdated classifications; and revised/updated job descriptions. COST TO CITY: N/A BUDGETED ITEM: N/A REVENUE TO CITY: N/A CITY COUNCIL HEARING DATE: 5/5/2020 CONSIDERATION BY OTHER GOVERNMENT ENTITIES: None AFFECTED AGENCIES: All City Agencies RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: August 18, 2019's Consideration of amendment to the Citywide Classification & Compensation System. REQUIRED CHANGES TO WORK PROGRAMS: N/A ATTACHMENTS: None Page 42 of 80  4.g. City of Petersburg Ordinance, Resolution, and Agenda Request DATE: May 5, 2020 TO: The Honorable Mayor and Members of City Council THROUGH: Lionel Lyons, Deputy City Manager of Development FROM: Carthan Currin RE: Consideration of authorization to execute a Development Agreement regarding the development of the Harbor Area and amend the ordinance previously adopted PURPOSE: For the City Council to approve and authorize the execution of a Development Agreement regarding the development of the Harbor Area and amend the Ordinance previously adopted. REASON: To obtain authorization to execute a Development Agreement and to amend the ordinance previously adopted to remove a scrivener's error. RECOMMENDATION: It is recommended that the City Council considers authorizing the City Manager to execute the development agreement for the development of the City-owned property referred to as the Harbor Area on the south side of the Appomattox River. The City Council held a public hearing on October 15, 2019, and subsequently adopted an ordinance authorizing the City Manager to execute a purchase agreement and proceed with the sale of City-owned property in accordance with applicable legal requirements. BACKGROUND: The City received a proposal from Waukeshaw Development, Inc. whose Principal is Dave McCormack, to purchase parcels of property owned by the City of Petersburg, and bounded by River Street to the South, Joseph Jenkins Roberts St to the West, the Harbor to the North, and Interstate 95 to the East, including the following City-owned properties: Parcel Property Size Zoning Acquisition ID Address 011-020006 275 River Street 2.64 ac M-2 12/16/1988 011-020002 209 Rear River Street 1.01 ac M-2 02/25/1987 011-020004 209 River Street .06 ac M-2 12/16/1988 011-030001 429 Fifth Street .73 ac R-4 06/14/1991 Page 43 of 80  012-010001 433 River Street .67 ac M-2 011-020801 501 Second Street .30 ac M-2 5/31/1995 011-040002 236 River Street .17 ac M-2 12/16/1988 011-040003 240 River St .55 ac M-2 04/15/2014 Portions of the parcels are within the floodway of the Appomattox River and the remainder of the parcels is within the floodplain. A 2015 appraisal of five of the properties estimates the value of five of the properties at $20,000. The proposed purchase price is $100,000. There are major water and sewer lines beneath the surface of the property and associated vents above grade. Easements will be required to provide access to the infrastructure. The proposed use for the property is an outdoor event space. The proposed use is in conformance with the Zoning, M-2. The Development Agreement includes the final scope, budget, source and uses of funding, and construction schedule for the development. Following a public hearing, the City Council previously adopted Ordinance 19-ORD-52 authorizing the City Manager to execute a Purchase Agreement. A reference to a lease was included in the Ordinance and should be removed, which is proposed in this ordinance. Following a due diligence period, the Development Agreement was drafted and is presented for City Council consideration. COST TO CITY: Conveyance of Real Property BUDGETED ITEM: N/A REVENUE TO CITY: Revenue from the sale of property and associated fees and taxes. CITY COUNCIL HEARING DATE: 5/5/2020 CONSIDERATION BY OTHER GOVERNMENT ENTITIES: N/A Page 44 of 80 AFFECTED AGENCIES: City Manager, Economic Development RELATIONSHIP TO EXISTING ORDINANCE OR RESOLUTION: 19-ORD-52 REQUIRED CHANGES TO WORK PROGRAMS: N/A ATTACHMENTS: 1. 0428_2020OrdinanceHarborProperties 2. 1015_2019CouncilAgendaItem 3. 1015_2019OrdinanceHarborProperties 4. Ordinance Page 45 of 80 An Ordinance Authorizing The City Manager to Develop and Execute A Development Agreement for the Sale of City-owned property 275 River Street, 209 Rear River Street, 209 River Street, 429 Fifth Street, 433 River Street, 501 Second Street, 236 River Street, and 240 River St WHERAS, The City of Petersburg owns the property at 275 River Street, Parcel 011-020006; 209 Rear River Street, Parcel 011-020002; 209 River Street, Parcel 011- 020004; 429 Fifth Street, Parcel 011-030001; 433 River Street, Parcel 012-010001; 501 Second Street, Parcel 011-020801; 236 River Street, Parcel 011-040002; and 240 River St, Parcel 011-040003; and WHEAREAS, The City has received a proposal from Waukeshaw Development, Inc. to purchase parcels of property owned by the City of Petersburg, and bounded by River Street to the South, Joseph Jenkins Roberts St to the West, the Harbor to the North, and Interstate 95 to the East, including the above listed City-owned properties to establish an outdoor event and festival space: and WHEREAS, Currently, there is not a designated outdoor event and festival space within the City of Petersburg; and WHEREAS, Portions of the parcels are within the floodway of the Appomattox River and the remainder of the parcels is within the floodplain; and WHEREAS, There are major water and sewer lines beneath the surface of the property and associated vents above grade; and WHEREAS, A 2015 appraisal estimated the value of five of the properties at $20,000. WHERAS, An Ordinance authorizing the City Manager to execute a Purchase Agreement was adopted by the City Council October 15, 2019; and WHERAS, A Development Agreement was developed to define the final scope, budget, source and uses of funding, and construction schedule for the development; and NOW THEREFORE, the City Council of the City of Petersburg hereby authorizes the City Manager Develop and Execute A Development Agreement for the Sale of City- owned property 275 River Street, 209 Rear River Street, 209 River Street, 429 Fifth Street, 433 River Street, 501 Second Street, 236 River Street, and 240 River Street, that defines the scope, design, layout, budget, sources and uses of funding and the development schedule. Page 46 of 80 Page 47 of 80 Page 48 of 80 Page 49 of 80 Page 50 of 80 Page 51 of 80 Page 52 of 80 Page 53 of 80 Page 54 of 80 Page 55 of 80 Page 56 of 80 Page 57 of 80 Page 58 of 80 Page 59 of 80 Page 60 of 80 Page 61 of 80 Page 62 of 80 Page 63 of 80 Page 64 of 80 Page 65 of 80 Page 66 of 80 Page 67 of 80 Page 68 of 80 Page 69 of 80 Page 70 of 80 Page 71 of 80 Page 72 of 80 Page 73 of 80 Page 74 of 80 Page 75 of 80 Page 76 of 80 Page 77 of 80 Revised 10/15/2019 An Ordinance Authorizing The City Manager to Develop and Execute A Purchase Agreement for the Sale of City-owned property 275 River Street, 209 Rear River Street, 209 River Street, 429 Fifth Street, 433 River Street, 501 Second Street, 236 River Street, and 240 River St WHERAS, The City of Petersburg owns the property at 275 River Street, Parcel 011-020006; 209 Rear River Street, Parcel 011-020002; 209 River Street, Parcel 011- 020004; 429 Fifth Street, Parcel 011-030001; 433 River Street, Parcel 012-010001; 501 Second Street, Parcel 011-020801; 236 River Street, Parcel 011-040002; and 240 River St, Parcel 011-040003; and WHEAREAS, The City has received a proposal from Waukeshaw Development, Inc. to purchase parcels of property owned by the City of Petersburg, and bounded by River Street to the South, Joseph Jenkins Roberts St to the West, the Harbor to the North, and Interstate 95 to the East, including the above listed City-owned properties to establish an outdoor event and festival space: and WHEREAS, Currently, there is not a designated outdoor event and festival space within the City of Petersburg; and WHEREAS, Portions of the parcels are within the floodway of the Appomattox River and the remainder of the parcels is within the floodplain; and WHEREAS, There are major water and sewer lines beneath the surface of the property and associated vents above grade.; and WHEREAS, A 2015 appraisal estimated the value of five of the properties at $20,000. WHERAS, A separate Development Agreement will be developed to define the final scope, budget, source and uses of funding, and construction schedule for the development; and WHEREAS, An agreement to establish operational aspects and responsibilities of the outdoor event space including but not limited to access, liability, maintenance, and vending will developed. NOW THEREFORE, the City Council of the City of Petersburg hereby authorizes the City Manager Develop and Execute A Purchase Agreement for the Sale of City- owned property 275 River Street, 209 Rear River Street, 209 River Street, 429 Fifth Street, 433 River Street, 501 Second Street, 236 River Street, and 240 River Street, subject to terms that include City Council approval of a Development Agreement prior to closing that defines the scope, design, layout, budget, sources and uses of funding and the development schedule. Page 78 of 80 Revised 10/15/2019 Page 79 of 80 Page 80 of 80