City Council

Minutes from the Petersburg City Council Closed Session meeting held on September 7, 2021 -1– ______________________________________________________________________________ The Special Called Closed Session Meeting of the Petersburg City Council was held on Tuesday, September 7, 2021, on live stream. Mayor Parham called the Special Called Closed Session Meeting to order at 3:36 p.m. 1. ROLL CALL: Present: Council Member Charles H. Cuthbert, Jr. Council Member Treska Wilson-Smith Vice Mayor Annette Smith-Lee Mayor Samuel Parham Absent: Council Member W. Howard Myers (arrived after roll call) Council Member John A. Hart, Sr Council Member Darrin Hill Present from City Administration: City Manager Stuart Turille City Attorney Anthony Williams Clerk of Council Nykesha D. Jackson 2. CLOSED SESSION: a. The purpose of this meeting is to convene in the closed session pursuant to §2.2-3711(A)(7) and (8) of the Code of Virginia for the purpose of receiving legal advice and status update from the City Attorney and legal consultation regarding the subject of specific legal matters requiring the provision of legal advice by the City Attorney and matters of actual or probable litigation, specifically including but not limited to Petersburg Circuit Court Case No.: CL21-000495-00; Petersburg General District Court Case No.: GV21001206-00; potential litigation regarding a disputed water and sewer fee; legal issues associated with a proposal concerning employee health records and medical requirements; and other legal matters requiring the legal advice of the City Attorney; and under §2.2-3711(A)(1) of the Code of Virginia for the purpose of discussion pertaining to performance, assignment, and appointment of specific public employees of the City of Petersburg specifically including but limited to discussion of appointments to Council-appointed Boards and Commissions including the CDBG Advisory Board. Council Member Wilson-Smith made a motion that the City Council go into closed session for the purposes noted. The motion was seconded by Vice Mayor Smith-Lee. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Cuthbert, Wilson-Smith, Smith-Lee and Parham; Absent: Myers, Hart and Hill City Council entered closed session at 3:37 p.m. CERTIFICATION: Mr. Williams stated, “The Mayor would entertain a motion to conclude the closed session called this evening to certify in accordance with §2.2-3712 that the Code of Virginia that to the best of each members knowledge that only public business matter lawfully exempted from the opening meeting requirements were discussed and that only such public business matters were identified in the motion by which the closed *Audio available upon request. Minutes from the Petersburg City Council Closed Session meeting held on September 7, 2021 -2– ______________________________________________________________________________ meeting was convened, heard, discussed, or considered. If any member believes that there was a departure from the foregoing requirements should so state prior to the vote indicating the substance for departure that in his or her judgment has taken place. This requires a roll call vote Mr. Mayor.” Council Member Myers made a motion to return City Council into open session and certify the purposes of the closed session. The motion was seconded by Council Member Wilson-Smith. There was no discussion on the motion. The motion was approved on roll call vote. On roll call vote, voting yes: Cuthbert, Wilson-Smith, Myers, Smith-Lee and Parham; Absent: Hill and Hart 21-R-81 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 returned to opened session at 5:20 p.m. Vice Mayor Smith-Lee made a motion to authorize the City Manager and the City Attorney to offer a settlement of the dispute water and sewer connection fees for the property of SLP Project identified in the March 25, 2021, letter from William Mullens in the amount identified by the City Manager in closed session this afternoon. The motion was seconded by Council Member Wilson-Smith. There was no discussion on the motion. The motion was approved on roll call vote. On roll call vote, voting yes: Cuthbert, Wilson-Smith, Smith- Lee and Parham; Abstain: Myers; Absent: Hill and Hart 3. ADJOURNMENT: City Council adjourned at 5:24 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor *Audio available upon request.