City Council

Minutes from the Petersburg City Council Closed Session meeting held on October 17, 2023 -1– The Closed Session Meeting of the Petersburg City Council was held on Tuesday, October 17, 2023, 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 Annette Smith-Lee Council Member W. Howard Myers Council Member Arnold Westbrook, Jr. Vice Mayor Darrin Hill Mayor Samuel Parham Absent: Council Member Marlow Jones 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)(3) of the Code of Virginia for the purpose of discussion or consideration of the acquisition of real property for a public purpose and 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 acquisition and disposition of real property and (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, specifically including but not limited to Petersburg Circuit Court Case CL22000681-00; Code of Virginia 2.2-3700 et. seq.; and other matters requiring the legal advice of the City Attorney and under (29) of the Code of Virginia for the purpose of discussion regarding the subject matter of a public contract involving the expenditures 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; and under (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 not limited to the discussion of the performance, assignment, and appointment of a specific public officer of the City of Petersburg. Vice Mayor Hill made a motion that the City Council go into closed session for the purposes noted. Council Member Westbrook seconded the motion. On roll call vote, voting yes: Cuthbert, Smith-Lee, Myers, Westbrook, Hill, and Parham; Absent: Jones The City Council entered closed session at 3:03 p.m. CERTIFICATION: Mr. Williams stated, “The Mayor would entertain a motion to conclude the closed session called today 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 Minutes from the Petersburg City Council Closed Session meeting held on October 17, 2023 -2– 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 state prior to the vote indicating the substance for departure in which he believes has occurred. This requires a roll call vote.” Vice Mayor Hill made a motion to return the City Council to open session and certify the purposes of the closed session. Council Member Westbrook 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, Jones, Smith-Lee, Myers, Westbrook, Hill, and Parham 23-R-62 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 5:35pm Mayor Parham stated, “Next, I will entertain a motion to authorize the city manager and city attorney to amend the purchase agreement on the Harvell Dam Exchange to facilitate acceptance of the property from either the trust or estate as necessary to complete the transactions.” Vice Mayor Hill made a motion to authorize the city manager and city attorney to amend the purchase agreement on the Harvell Dam Exchange to facilitate acceptance of the property from either the trust or estate as necessary to complete the transactions. Council Member Myers seconded the motion. The motion was approved on roll call vote. On roll call vote, voting yes: Cuthbert, Jones, Smith-Lee, Myers, Westbrook, Hill, and Parham Mayor Parham stated, “Next, I will entertain a motion to authorize the city manager and city attorney to offer and settle Petersburg Circuit Court Case No.: CL22000681-00 upon the terms specified in closed session. If such terms are not accepted, the city shall proceed to litigate the case.” Council Member Myers made a motion to authorize the city manager and city attorney to offer and settle Petersburg Circuit Court Case No.: CL22000681-00 upon the terms specified in closed session. If such terms are not accepted, the city shall proceed to litigate the case. Vice Mayor Hill seconded the motion. The motion was approved on roll call vote. On roll call vote, voting yes: Cuthbert, Jones, Smith-Lee, Myers, Westbrook, Hill, and Parham Mayor Parham stated, “Next, I will entertain a motion to authorize the city manager and city attorney to amend the MOU with Waukeshaw Development consist with the request made on behalf of Waukeshaw on 10/17/2023 concerning the prospective purchase of real property contingent upon closing of the timing.” Vice Mayor Hill made a motion to authorize the city manager and city attorney to amend the MOU with Waukeshaw Development consist with the request made on behalf of Waukeshaw on 10/17/2023 concerning the prospective purchase of real property contingent upon closing of the timing. Council Member Smith-Lee seconded the motion. The motion was approved on roll call vote. On roll call vote, voting yes: Cuthbert, Jones, Smith-Lee, Myers, Westbrook, Hill, and Parham Mayor Parham stated, “Next, I will entertain a motion to authorize the city manager and city attorney to execute the MOU with People’s Advantage Federal Credit Union with the proposed amendment to paragraph 2 Minutes from the Petersburg City Council Closed Session meeting held on October 17, 2023 -3– to indicate ‘to the extent permitted under Virginia Law.’” Council Member Myers made a motion to authorize the city manager and city attorney to execute the MOU with People’s Advantage Federal Credit Union with the proposed amendment to paragraph 2 to indicate “to the extent permitted under Virginia Law.” Vice Mayor Hill seconded the motion. The motion was approved on roll call vote. On roll call vote, voting yes: Cuthbert, Jones, Smith-Lee, Myers, Westbrook, Hill, and Parham 3. ADJOURNMENT: The City Council adjourned at 5:39 p.m. _________________________ Clerk of City Council APPROVED: _________________________ Mayor