City Council

Public Hearing 05/10/11 CITY OF FREDERICKSBURG, VIRGINIA HON. THOMAS J. TOMZAK, MAYOR HON. MARY KATHERINE GREENLAW, VICE MAYOR CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE, III, WARD THREE Council Chambers, 715 Princess Anne Street HON. BEATRICE R. PAOLUCCI, WARD FOUR Fredericksburg, Virginia 22401 May 10, 2011 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, May 10, 2011, beginning at 7:43 p.m. in the Council Chambers of City Hall. Present. Mayor Thomas J. Tomzak, presiding. Vice-Mayor Mary Katherine Greenlaw. Councilors Kerry P. Devine, Bradford C. Ellis, Frederic N. Howe, III, and Beatrice R. Paolucci. Absent. Councilor George C. Solley out of town on work related business. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen A. Dooley, Director of Planning and Community Development Ray Ocel, Director of Public Works Doug Fawcett, Director of Economic Development and Tourism Karen Hedelt, Economic Development Manager Richard Tremblay, Community Development Planner Marne Sherman and Deputy Clerk of Council Brenda T. Martin. Notice of Public Hearings (D11-215 thru D11-220). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. 17617 Public Hearing 05/10/11 Resolution 11-40, Granting a Special Exception Request to Dominion Virginia Power to Expand the Existing Electrical Utility Substation at 1401 Powhatan Street (D11-216). Director of Planning and Community Development Ray Ocel gave a brief summary of the request for the expansion of the substation with the addition of equipment. Councilor Devine asked about the timing of the installation of trees and the height of trees. John Bailey, Dominion Virginia Power 701 East Cary Street Richmond, VA, explained the need to add a transformer and capacitor bank for future power needs of the citizens of Fredericksburg. Upon a motion and as recommended Councilor Ellis moved approval of Resolution 11-40, granting a Special Exception Request to Dominion Virginia Power to expand the existing electrical utility substation at 1401 Powhatan Street. Councilor Devine seconded the motion. Councilor Ellis noted that in visiting the site and discussing the expansion of the substation with Dominion Virginia Power this addition should support future build out and would not need further expansion. The new trees and vegetation added to the site will be a much needed improvement, visually. Motion was passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, and Paolucci. Nays (0). None. Resolution 11-41, Granting a Special Use Permit to Paul and Sandra Glancy for Operation of a Fast Food Restaurant on Property Located at 2008 Lafayette Boulevard (D11-217 thru D11-219). No 17618 Public Hearing 05/10/11 speakers. Director of Planning and Community Development Ray Ocel gave a brief summary of the request for the operation of a fast food restaurant in a food trailer in the parking lot of Paul’s Bakery. Councilor Devine asked to clarify that the only bathroom facilities would be located within the existing bakery building. Mr. Ocel stated yes. Upon a motion and as recommended Councilor Howe moved approval of Resolution 11-41, granting a Special Use Permit to Paul and Sandra Glancy for operation of a fast food restaurant on property located at 2008 Lafayette Boulevard. Vice-Mayor Greenlaw seconded the motion and it was passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, and Paolucci. Nays (0). None. Resolution 11-42, Renewing the Special Use Permit Granted in 2010 to the Sunshine Lady Foundation, Inc. for the Chaplin Youth Center to Operate a Group Home for Court Involved Youths at Property Located at 1705 William Street (D11-220). No speakers. Director of Planning and Community Development Ray Ocel gave a brief summary of the request for renewing their special use permit, no incidents or violations occurred during the last year. Upon a motion and as recommended Councilor Howe moved approval of Resolution 11-42, renewing the Special Use Permit granted in 2010 to the Sunshine Lady Foundation, Inc. for the Chaplin Youth Center to operate a group home for court involved youths at property located at 1705 William Street. Councilor Paolucci seconded the motion and disclosed she is serves on the board of the Chaplin Youth Center and feels 17619 Public Hearing 05/10/11 she can make a fair decision on this matter. Motion was passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, and Paolucci. Nays (0). None. Adjournment. There being no further speakers to come before the Council at this time, Mayor Tomzak declared the hearing officially adjourned at 7:58 p.m. Thomas J. Tomzak Thomas J. Tomzak, Mayor Brenda T. Martin Brenda T. Martin, Deputy Clerk of Council 17620 Regular Session 5/10/11 CITY OF FREDERICKSBURG, VIRGINIA HON. THOMAS J. TOMZAK, MAYOR HON. MARY KATHERINE GREENLAW, VICE MAYOR CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE , III, WARD THREE Council Chambers, 715 Princess Anne Street HON. BEATRICE R. PAOLUCCI, WARD FOUR Fredericksburg, Virginia 22401 May 10, 2011 The Council of the City of Fredericksburg, Virginia, met in regular session on Tuesday, May 10, 2011, beginning at 7:30 p.m. in the Council Chambers of City Hall. Present. Mayor Thomas J. Tomzak, presiding. Vice-Mayor Mary Katherine Greenlaw. Councilors Kerry P. Devine, Bradford C. Ellis, Frederic N. Howe, III, and Beatrice R. Paolucci. Absent. Councilor George C. Solley was out of town on work related business. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen A. Dooley, Director of Planning and Community Development Ray Ocel, Director of Public Works Doug Fawcett, Director of Economic Development and Tourism Karen Hedelt, Economic Development Manager Richard Tremblay, Community Development Planner Marne Sherman and Deputy Clerk of Council Brenda T. Martin. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Bradford C. Ellis followed by the Pledge of Allegiance led by Boy Scout Troop 199, lead by Assistant Scout Master Scott Jones. Auxiliary Officer Recognized. Mayor Tomzak recognized the presence of 17621 Regular Session 5/10/11 Officer Chris Urquhart at this evening’s meeting. Proclamation for Bike Month (D11-214). Mayor Tomzak read a proclamation proclaiming May 2011 as bike to work month, May 16-20 as bike to work week and May 20 as bike to work day. Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. Marilyn Brown, 546 Warrenton Road, voiced concerns about Micah Ministries being closed for several days. She also suggested fares should be raised on FRED Transit. Jesus Dominguez, 18 Apache Terrace, spoke about his concerns on the due dates for personal property and real estate taxes. He asked Council to review the due dates and make some adjustments. Public Hearings Held (D11-215 thru D11-220). At this time, the regular session was recessed in order to conduct the scheduled public hearings; the meeting was immediately reconvened upon conclusion of the hearings. Council Agenda Presented. The following Council agenda was presented for consideration. 7A. Local Tax due dates – Councilor Ellis Local Tax Due Dates. Councilor Ellis asked staff to summarize and review policies of the due dates of the real estate and personnel property taxes. Councilor Greenlaw concurred and asked the City Manager to review the history behind the due dates being concurrent. Councilor Devine suggested while looking at due dates could the Treasurer examine the amount of time given to pay a water bill, from the time the 17622 Regular Session 5/10/11 water bills are mailed to the time the payment is due back. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D11-221 thru D11-226). Councilor Howe asked to remove the Verizon Virginia, Inc. from the City Manager’s Consent Agenda and vote on it separately. Following review and as recommended, Vice-Mayor Greenlaw moved acceptance of the City Manager's consent agenda. This was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, and Paolucci. Nays (0). None. • Resolution 11-35, Second Read, Amending the Fiscal Year 2011 Budget by Appropriating $516,980 in Federal Funding for the Fredericksburg City Public School (D11-221) • Ordinance 11-12, Second Read, Providing that Refunds for Cigarette Tax Stamps Must be Requested Within Three Years from the Date of Purchase, by Amending Fredericksburg City Code, Chapter 70 “Taxation,” Article XIII “Cigarette Tax,” Section 70-580 “Refund for Unused Stamps or Meter Imprints” (D11-222). • Resolution 11-43, Approving the 2011-2012 Annual Action Plan for Community Development Block Grant Programs (D11- 223). • Transmittal of Boards and Commission Minutes o Planning Commission – April 13, 2011 (D11-225). o Towing and Recovery Advisory Board – April 26, 2011 (D11-226) Ordinance 11-43, First Read, Granting Verizon Virginia, Inc. an Easement Across the Cal Ripen, Sr. Youth Development Baseball 17623 Regular Session 5/10/11 Complex at 1200 Wicklow Drive in Order to Provide Telecommunications Facilities to the Park (D11-224). Councilor Howe asked if granting these easements at this time was prudent since we do not know the full amount of potential changes at the park. City Attorney Dooley explained that the plans have been reviewed by the Parks Department and the easement is a short distance from Wicklow Drive to the building on site. The location of which is not changing, only the size of the building. Councilor Howe motioned to approve Ordinance 11-43 on first read and Councilor Paolucci seconded the motion. The motion passed unanimously by the following recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, and Paolucci. Nays (0). None. Adoption of Minutes (D11-227). The revised March 8, 2011 Regular Session minutes had been transmitted in the usual fashion. Upon the motion of Councilor Devine; seconded by Councilor Howe and passed unanimously by the following recorded votes, the minutes were approved as transmitted. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, and Paolucci. Nays (0). None. Resolution 11-37, Second Read, Appropriating Funds for the Fredericksburg City Public Schools for Fiscal Year 2012 (D11-228). City Manager Cameron reviewed the resolution details for appropriating funds for the City schools budget for Fiscal Year 2012. Vice-Mayor Greenlaw motioned to approve Resolution 11-37 and Councilor Devine seconded the motion acknowledging that she is an employee of the schools and that in budget discussions; she feels she can make decisions fairly, objectively and in the public’s interest. Mayor Tomzak stated he 17624 Regular Session 5/10/11 knows the value of good teachers and respects them greatly; he is still concerned that they have to buy supplies for their classrooms. He stated in 2006 a City Police Officer lost his life in attempting to protect a woman from domestic abuse. Also, recently there have been several river rescues performed by City Fire and Rescue Staff who risked their lives in saving others. The Mayor will not support this school budget because City employees have not received a raise in over three years. Secondly, most troubling to the Mayor as a physician concerned about young woman’s health, is the number of students including young girls, dropping out of school and the school’s attitude toward helping these young woman. Councilor Howe stated he fully supports the school administration and teachers but he will not support the budget due to the inequality of giving a cost of living pay raises to school employees but, not to other City employees. He is also concerned about the communication between Council members, School Board members and School Administration. Councilor Ellis reiterated his comments from the last meeting; he does not agree with comparing teaching raises with City employee raises, he noted teachers deal with school violence every day. He noted cost of living raises are part of the teacher’s contract in yearly step increases, which they haven’t received in several years. The quality of schools directly affects the quality of our community which truly has a global affect. Qualities of schools go hand-in-hand with the quality of teachers. Councilor Devine stated we have struggled for years in having a local composite index that works against us and have implored our state representatives to assist us with our school funding. Our per public cost is much more than our neighboring localities 17625 Regular Session 5/10/11 and other localities around the state due to receiving less state funds. One of the messages based on the questions discussed over the last few weeks is whether social issues rest solely on the school system. She questions why teen pregnancies and high school dropout rates are the only issues highlighted, why not discuss the positive programs that are working in our schools. The schools alone cannot correct all these social issues, it takes a community to support and guide these students. Vice-Mayor Greenlaw stated that concerns need to be brought up earlier to the schools, not at the time when we are voting on the budget. This is a community-wide problem. We have to engage the community to help address these types of concerns. Councilor Howe would like more work session type meetings to discuss concerns for the upcoming FY 2013 budget. Councilor Paolucci echoed the importance of meeting earlier on the budget and to discuss these important topics and would like the communication to improve. Upon a motion by Vice-Mayor Greenlaw and seconded by Councilor Devine, Resolution 11- 37 appropriating funds for the Fredericksburg City Public Schools for Fiscal Year 2012 passed with the following recorded votes. Ayes (4). Councilors Greenlaw, Devine, Ellis, and Paolucci. Nays (2). Councilors Tomzak and Howe. Resolution 11-44, Authorizing the City Manager to Execute a Performance Agreement with the University of Mary Washington Foundation and the Fredericksburg Economic Development Authority for Tax Incentives in the Eagle Village Tourism Zone for a Hotel Project (D11-229 thru D11-230). Richard Tremblay, Economic Development Manager reviewed the incentive 17626 Regular Session 5/10/11 package. Councilor Ellis asked for clarification as to whether the state tourism incentive and the City’s incentive would affect the financing for the hotel. Mr. Tremblay stated it could affect the project’s financial viability. Councilor Howe suggested Council table this request to a future work session to discuss the importance of a $31,000 yearly incentive on this large capital project. Councilor Ellis stated this is a good investment and return on the City’s money. Councilor Devine supports the project and states it is good for the City and the hospital. Vice-Mayor Greenlaw stated it is a good mixed-use development project and supports the incentive. Upon a motion by Councilor Devine and seconded by Councilor Ellis, Resolution 11-44, authorizing the City Manager to Execute a Performance Agreement with the University of Mary Washington Foundation and the Fredericksburg Economic Development Authority for tax incentives in the Eagle Village Tourism Zone for a hotel project passed with the following recorded votes. Ayes (5). Councilors Tomzak, Greenlaw, Devine, Ellis, and Paolucci. Nays (1). Councilor Howe. Resolution 11-45, Authorizing the City Manager to Execute a Contract for a Water and Sewer Management Rate Study with Municipal and Financial Services Group, Inc. (D11-231). Assistant City Manager Whitley briefed the Council on the proposed water and sewer management and rate study project. He stated that seven very qualified firms bid on the project. Councilor Ellis asked whether the study will look at the physical infrastructure and capital improvements that need to be made. Assistant City Manager Whitley stated that the intention of the project was not to examine every infrastructure improvement needed or to revise our Capital Improvement Plan but deficiencies will 17627 Regular Session 5/10/11 certainly be noted. Vice-Mayor Greenlaw motioned to approve Resolution 11-45, authorizing the City Manager to execute a contract for a Water and Sewer Management Rate Study with Municipal and Financial Services Group, Inc. Councilor Devine seconded the motion and it passed with the following recorded votes. Ayes (5). Councilors Tomzak, Greenlaw, Devine, Ellis, and Howe. Nays (0) None. Absent from vote (1) Councilor Paolucci. Resolution 11-46, Authorizing the City Manager to Execute a Contract Agreement with Kimley-Horn and Associates, Inc. for Preliminary Design Services for Improvements to Fall Hill Avenue and the Extensions of Mary Washington Boulevard (D11-232). Public Works Director Doug Fawcett made a brief presentation to Council on the scope of the work of the preliminary design services. Kimley-Horn will prepare “30% design” of the project and then VDOT will assume management of the project, including completion of the final engineering design and project construction. Councilor Devine stated this has been a project that has been a long time coming and she is pleased to see it moving forward. Councilor Ellis suggested including the Canal Bridge project with this Fall Hill Bridge to save money. He has spoken with VDOT director Quinton Elliot who said he would consider combining the two projects if the City requested it. Mr. Fawcett commented that the smaller Canal Bridge project is a much more urgent project and could be completed by Thanksgiving 2013. The Fall Hill Avenue Bridge estimated completion is not until 2018 and joining the two would significantly 17628 Regular Session 5/10/11 delay the Canal Bridge project. Councilor Devine motioned to approve Resolution 11-46 authorizing the City Manager to execute a contract agreement with Kimley-Horn and Associates, Inc. for preliminary design services for improvements to Fall Hill Avenue and the extensions of Mary Washington Boulevard. Council Paolucci seconded the motion. The motion passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, and Paolucci. Nays (0). None. Resolution 11-47, Amending the FY 2011 Budget by Appropriating a Total of $373,633 in the Comprehensive Services Act Fund. (D11-233). Assistant City Manager Mark Whitley briefed the Council on the item. Councilor Howe questioned where the money will come from in the future since the state has lowered the funding. Mr. Whitley explained the fund balance supports the years when costs exceed the funding. Councilor Howe asked questions about Parental Agreements. Councilor Ellis asked if the fiscal projections are a confident number. Mr. Whitley stated yes it is. Councilor Paolucci motioned to pass Resolution 11-47 amending the FY 2011 budget by appropriating a total of $373,633 in the Comprehensive Services Act Fund. Councilor Devine seconded the motion and it passed by the following unanimously recorded votes. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, and Paolucci. Nays (0). None. 17629 Regular Session 5/10/11 City Manager’s Report and Council Calendar (D11-234 thru D11- 235). City Manager Cameron asked Council if they had any questions about the report. Activities highlighted on the report were as follows: Fire Department Receives Grant for Rescue Raft, Downtown Pavement Markings, Lafayette Boulevard Corridor Overlay Design Guidelines, Battlefield Preservation Conference, HUD Awards Funding for Local Homeless Program, 2011 Redistricting Process Update, UMW Walkway Removal, Park Activity, Earth Day, Farmers Market, Police Week, and National Drug Take-Back Initiative. Councilor Devine asked Mr. Cameron to highlight the Marine Corps Marathon coming up this weekend. Council Ellis noted that Cowan Boulevard traffic management has improved greatly over the years and hopes all will go as smoothly this year. Closed Meeting Approved. Upon the motion of Councilor Devine, seconded by Councilor Paolucci and passed by the following unanimously recorded votes, Council approved a closed meeting under the Virginia Freedom of Information Act, Code Section 2.2-3711(A)(3) for acquisition of real property for a public purpose, specifically, a public park, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the City Council. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, Paolucci. Nays (0). None. Return to Open Meeting Approved (D11-236). Upon the motion of Councilor Devine, seconded by the Councilor Howe and passed by the following unanimously recorded votes, Council approved a return to an open meeting. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, and Paolucci. Nays (0). None. 17630 Regular Session 5/10/11 Resolution 11-48, Approved Certifying Closed Meeting (D11- 236). Upon the motion of Councilor Devine, seconded by Councilor Howe and passed by the following unanimously recorded votes, Council approved Resolution 11-48 certifying their closed meeting. Ayes (6). Councilors Tomzak, Greenlaw, Devine, Ellis, Howe, and Paolucci. Nays (0). None. Adjournment. There being no further business to come before Council at this time, Mayor Tomzak declared the meeting officially adjourned at 9:43 p.m. Thomas J. Tomzak Thomas J. Tomzak, Mayor Brenda T. Martin Brenda T. Martin, Deputy Clerk of Council 17631 Regular Session 5/10/11 [This page intentionally left blank.] 17632