City Council

Minutes from the Petersburg City Council Closed Session meeting held on December 13, 2022 -1– ______________________________________________________________________________ The Closed Session Meeting of the Petersburg City Council was held on Tuesday, December 13, 2022, at the Petersburg Public Library. Mayor Parham called the Closed Session Meeting to order at 3:01p.m. 1. ROLL CALL: Present: Council Member Charles H. Cuthbert, Jr. Council Member W. Howard Myers Council Member Arnold Westbrook, Jr. Council Member Darrin Hill Vice Mayor Annette Smith-Lee Mayor Samuel Parham Absent: Council Member Treska Wilson-Smith Present from City Administration: Clerk of Council Nykesha D. Lucas City Manager John March Altman, Jr. City Attorney Anthony Williams 2. CLOSED SESSION: Mayor Parham stated, “I would entertain a motion to add discussion of the requirements of 15.2-2285 of the Code of Virginia to the consultation with legal counsel portion of the closed session.” Council Member Hill made a motion to add the discussion to closed session. 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: Cuthbert, Myers, Westbrook, Hill, Smith-Lee, and Parham; Absent: Wilson-Smith 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, as of actual or probable litigation, specifically including but not limited to the requirements of Code of Virginia Title 58.1, Subtitle IV, Chapter 41, Article 1 through 11; and Petersburg Circuit Court Case Number CL22-787; 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)( 5) of the Code of Virginia for the purpose of discussion concerning a prospective business or industry or the expansion of an existing business or industry where no previous announcement has been made of the businesses or industry’ interest in locating or expanding its facilities in the community; 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 and discussion of the requirements of 15.2-2285 of the Code of Virginia to the consultation with legal counsel. Council Member Hill made a motion that the City Council go into closed session for the purposes noted. Council Member Myers seconded the motion. There was no discussion on the motion, which was approved on *Audio available upon request. Minutes from the Petersburg City Council Closed Session meeting held on December 13, 2022 -2– ______________________________________________________________________________ roll call vote. On roll call vote, voting yes: Cuthbert, Myers, Westbrook, Hill, Smith-Lee, and Parham; Absent: Wilson- Smith City Council entered closed session at 3:05 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 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-78 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 5:31 p.m. Mr. Williams stated, “The mayor would entertain a motion to add a resolution of City Council of the City of Petersburg selecting a preferred casino gaming operator pursuant of Chapter 41 of Title 58.1 of the Code of Virginia subject to the city being qualified as an eligible host city and further review; consideration; and ratification of the nine (9) items listed in 58.1-4107(b) of the Code of Virginia.” Council Member Myers made a motion to add a resolution of City Council of the City of Petersburg selecting a preferred casino gaming operator pursuant of Chapter 41 of Title 58.1 of the Code of Virginia subject to the city being qualified as an eligible host city and further review; consideration; and ratification of the nine (9) items listed in 58.1-4107(b) of the Code of Virginia. Council Member Hill seconded the motion. There was discussion on the motion. On roll call vote, voting yes: Cuthbert, Wilson-Smith, Myers, Westbrook, Hill, Smith-Lee, and Parham 3. ADJOURNMENT: City Council adjourned at 5:33 p.m. _________________________ *Audio available upon request. Minutes from the Petersburg City Council Closed Session meeting held on December 13, 2022 -3– ______________________________________________________________________________ Clerk of City Council APPROVED: _________________________ Mayor *Audio available upon request.