City Council

Minutes from the Petersburg City Council Closed Session meeting held on October 5, 2021 -1– The Closed Session Meeting of the Petersburg City Council was held on Tuesday, October 5, 2021, at the Petersburg Public Library. Mayor Parham called the Closed Session Meeting to order at 3:32 p.m. 1. ROLL CALL: Present: Council Member Charles H. Cuthbert, Jr. Council Member Treska Wilson-Smith Council Member W. Howard Myers Council Member Darrin Hill Vice Mayor Annette Smith-Lee Mayor Samuel Parham Absent: Council Member John A. Hart, Sr Present from City Administration: City Manager Stuart Turille City Attorney Anthony Williams Clerk of Council Nykesha D. Jackson 2. CLOSED SESSION: Mayor Parham stated, “I need a motion to add a discussion of legal issues associated with the ARPA Premium Pay requirements and review of a request made by the Commonwealth’s Attorney in association with criminal evidence chain of custody and Brady Officer concerns to the closed session today. Council Member Hill made a motion to add the discussion of legal issues associated with the ARPA Premium Pay requirements and review of a request made by the Commonwealth’s Attorney in association with criminal evidence chain of custody and Brady Officer concerns to the closed session today. 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, Myers, Hill, Smith-Lee, and Parham; Absent: Hart 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; U.S. District Court Case No. 3:19-cv-00750-REP and Petersburg Circuit Court Case No.: CL2100337-00; Petersburg City Code Section 74-213; and discussion of legal issues associated with ARPA Premium Pay requirements and review of a request made by the Commonwealth’s Attorney in association with criminal evidence chain of custody and Brady Officer concerns. Vice Mayor Smith-Lee made a motion that the City Council go into closed session for the purposes noted. 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, Wilson-Smith, Myers, Hill, Smith-Lee, and Parham; Absent: Hart City Council entered closed session at 3:34 p.m. CERTIFICATION: *Audio available upon request. Minutes from the Petersburg City Council Closed Session meeting held on October 5, 2021 -2– 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 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.” Vice Mayor Smith-Lee made a motion to return City Council into open session and certify the purposes of the closed session. The motion was seconded by Council Members Myers. The motion was approved on roll call vote. On roll call vote, voting yes: Cuthbert, Wilson-Smith, Myers, Hill, Smith-Lee, and Parham; Absent: Hart 21-R-84 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 5:57 p.m. Council Member Hill made a motion to authorize the city manager to make all reasonable efforts to conclude U.S. District Court Case No. 3:19-cv-00750-REP under the terms and for the amount discussed in closed session. The motion was seconded by Council Member Wilson-Smith. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Cuthbert, Wilson-Smith, Myers, Hill, Smith-Lee, and Parham; Absent: Hart Council Member Wilson-Smith made a motion to authorize the city manager to utilize existing budgeted funds for the purpose of allowing the Commonwealth’s Attorney to retain an attorney or paralegal as needed to address workload needs as discussed in closed session. 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, Myers, Hill, Smith-Lee, and Parham; Absent: Hart 3. ADJOURNMENT: City Council adjourned at 6:00 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor *Audio available upon request.