City Council

Minutes from the Petersburg City Council Closed Session meeting held on November 15, 2022 -1– ______________________________________________________________________________ The Closed Session Meeting of the Petersburg City Council was held on Tuesday, November 15, 2022, at the Petersburg Public Library. Mayor Parham called the Closed Session Meeting to order at 4:01p.m. 1. ROLL CALL: Present: Council Member W. Howard Myers Council Member Darrin Hill Vice Mayor Annette Smith-Lee Mayor Samuel Parham Absent: Council Member Charles H. Cuthbert, Jr. Council Member Treska Wilson-Smith Council Member Arnold Westbrook, Jr. Present from City Administration: Clerk of Council Nykesha D. Lucas City Manager John March Altman, Jr. City Attorney Anthony Williams 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 City Attorney and legal consultation regarding the subject of specific legal matters requiring the provision of legal advice by the city attorney, specifically including but not limited to discussion regarding Petersburg Circuit Court Case No.: 730CL22000787-00; Petersburg City Council Ordinance 10-ORD-81; Section 2.5 of the bylaws of the Economic Development Authority; ; §§15.2-4904 and 15.2-1503 of the Code of Virginia; §§47 U.S.C. 332(c)(7)(B); and §15.2- 2316.4:2 of the Code of Virginia; Article 1 §16 of the Virginia Constitution; the Establishment Clause of the First Amendment of the U.S. Constitution; and Lemon v. Kurtzman, 403 U.S. 602 (1971); and under §2.2-3711(A)(29) of the Code of Virginia for the purpose of discussion regarding the subject matter of public contract involving the expenditure of funds and terms or scope of such contract where discussion in an open session would adversely affect the bargaining or negotiating strategy of the public body, specifically including but not limited to the discussion of the award and terms of a public contract; under §2.2-3711(A)(3) of the Code of Virginia for the purpose of discussion or consideration of the acquisition and disposition of real property for a public purpose or the disposition of publicly held real property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, specifically including but not limited to the disposition of real property; and under §2.2-3711(A)(1) of the Code of Virginia for the purpose of discussion pertaining to performance, assignment, and appointment of a specific public officer of the City of Petersburg. Council Member Hill made a motion that the City Council go into closed session for the purposes noted. Vice Mayor Smith-Lee seconded the motion. There was no discussion on the motion, which was approved on roll call vote. On roll call vote, voting yes: Myers, Westbrook, Hill, Smith-Lee, and Parham; Absent: Cuthbert and Wilson-Smith City Council entered closed session at 4:04 p.m. *Audio available upon request. Minutes from the Petersburg City Council Closed Session meeting held on November 15, 2022 -2– ______________________________________________________________________________ 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 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 Mayor.” Council Member Hill made a motion to return City Council into open session and certify the purposes of the closed session. Vice Mayor Smith-Lee seconded the motion. There was no discussion on the motion. The motion was approved on roll call vote. On roll call vote, voting yes: Cuthbert, Myers, Westbrook, Hill, Smith-Lee, and Parham; Abstain: Wilson- Smith 22-R-75 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 open session at 5:57 p.m. 3. ADJOURNMENT: City Council adjourned at 5:58 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor *Audio available upon request.