City Council

Public Hearing 03/12/13 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. BRADFORD C. ELLIS, VICE -MAYOR, WARD ONE CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE 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 March 12, 2013 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, March 12, 2013, beginning at 7:35 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw presiding. Vice- Mayor Bradford C. Ellis. Councilors Kerry P. Devine, Frederic N. Howe, III, Matthew J. Kelly, Beatrice R. Paolucci and George C. Solley. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Budget Manager Amanda Lickey, Acting Planning Director Erik Nelson, Social Services Director Christian Gallik, Economic Development Director Karen Hedelt and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D13-102). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 13-18, Approved, Revoking a Special Use Permit for Two Residential Apartments on Property Located at 507 Weedon Street. (D13-102). – 1 speaker. After staff overview there was one public comment. 18165 Public Hearing 03/12/13 Peggy Sullivan – 1734 Highland Road, is the current owner of the property and she wanted to note for the record that when she purchased the property she didn’t know about the special use permit and that there were already 5 apartments, with 5 addresses and 5 separate meters therefore she did not know that there was a violation. Upon a motion and as recommended Councilor Solley moved to approve Resolution 13-18, revoking a special use permit for two residential apartments on property located at 507 Weedon Street; motion was seconded by Councilor Paolucci. After a brief discussion Council approved the motion by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:40 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18166 Regular Session 03/12/13 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. BRADFORD C. ELLIS, VICE -MAYOR, WARD ONE CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. GEORGE C. SOLLEY, WARD TWO HON. FREDERIC N. HOWE, III, WARD THREE HON. BEATRICE R. PAOLUCCI, WARD FOUR Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 March 12, 2013 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, March 12, 2013, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw presiding. Vice- Mayor Bradford C. Ellis. Councilors Kerry P. Devine, Frederic N. Howe, III, Matthew J. Kelly, Beatrice R. Paolucci and George C. Solley. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Budget Manager Amanda Lickey, Acting Planning Director Erik Nelson, Social Services Director Christian Gallik, Economic Development Director Karen Hedelt and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Vice-Mayor Bradford C. Ellis, followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Theodore Marrs at this evening’s meeting. Proclamation for Multiple Sclerosis Awareness Week – Sherri Ellis, Central Virginia Chapter President (D13-101). Mayor Greenlaw presented the proclamation declaring the week of March 11-17 as Multiple Sclerosis 18167 Regular Session 03/12/13 Awareness Week. Ms. Ellis accepted the proclamation and thanked the many people who help support and raise funds to bring awareness to multiple sclerosis. Citizen Comment. There was no citizen comment at this evening's meeting. Public Hearings Conducted (D13-102). The regular session was recessed in order to conduct the scheduled public hearing and immediately reconvened upon their conclusion. Council Agenda Presented. The following items were presented to Council. 7A. General District Court Renovations – Councilor Kelly 7B. Cigarette Tax – Councilor Paolucci General District Court Renovations (D13-103 thru D13-104). Councilor Kelly stated that at the last work session Council directed staff to proceed with the complete restoration of the General District Court building, but he wanted Council to take a vote in open session to direct the City Manager to proceed. He noted that some of Council in a previous work session had shown interest in using the funds for parking or for renovations at the Renwick building. He asked that someone make a motion to direct the City Manager to move forward with the General District Court (GDC) renovations. Vice-Mayor Ellis stated that the decision on the GDC renovations had already been made when Council voted to approve the $35 million dollar project and he felt no additional votes were needed. Vice-Mayor Ellis read an email that he sent to Councilor Kelly and others (see D13-104). Council discussed the confidential memo that had been distributed to them by the City Attorney and they seemed to be confused on what could or couldn’t be done with the 18168 Regular Session 03/12/13 renovations at the GDC building based on State Code. Councilor Kelly asked that staff discuss with Bond Counsel and get clarification to clear up some of the confusion. He stated he would like to know so that the City could save the $4 million. Councilor Solley also weighed and said there was no reason to take a vote since there were no changes made to the original motion which approved the entire court project and included the renovations to the GDC building. Mayor Greenlaw agreed. Councilor Howe stated that they were at a decision point and a vote should be taken at each decision point. He also asked that the City Attorney come back a let Council know what could or could not be done in regards to the project. Councilor Kelly moved to direct staff not to proceed with the General District Court building portion of the contract and a determination could be made later on what to do with the savings; motion was seconded by Councilor Howe. Councilor Kelly discussed his reasons for making this motion stating that based on State numbers the City was paying more than other localities and this could be an opportunity to look at long term solutions. He said the City could not afford this cost and he would like the City to look into a regional court for the Juvenile and Domestic Relations Court System. The motion failed with a tie vote. Ayes (3). Councilors Howe, Kelly and Paolucci. Nays (3) Councilors Greenlaw, Devine, Solley. (Abstain) Councilor Ellis. Cigarette Tax. Councilor Paolucci asked for Council’s support in increasing the cigarette tax by one cent in order to offset the cost for joining the Northern Virginia Cigarette Tax Board. The City Attorney was asked to draft an ordinance to increase the tax. 18169 Regular Session 03/12/13 City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D13-105 thru D13-113). Following review and as recommended, Councilor Kelly moved approval of the City Manager's consent agenda; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). • Transmittal of the FRED Progress Report – February 2013 (D13-105). • Ordinance 13-05, Second Read Approved, Joining the Northern Virginia Cigarette Tax Board, by Amending City Code Chapter 10 “Agencies, Authorities, Boards, Commissions and Committees”, Article III “Regional Bodies” by Adding a New Division 4, “Northern Virginia Cigarette Tax Board” (D13-106). • Ordinance 13-06, Second Read Approved, Adopting the Northern Virginia Cigarette Tax Board Uniform Cigarette Tax Ordinance by Repealing City Code Chapter 70 “Taxation”, Article XIII “Cigarette Tax” and Adopting a New Chapter 70 “Taxation”, Article XV “Cigarette Tax” (D13-107). • Transmittal of Boards and Commission Minutes o Board of Social Services – November 16, 2012 (D13-108). o Memorials Advisory Commission – July 18, 2012 (D13-109). o Memorials Advisory Commission – November 28, 2012 (D13- 110). o Memorials Advisory Commission – January 16, 2013 (D13-111). 18170 Regular Session 03/12/13 o Planning Commission – January 9, 2013 (D13-112). o Recreation Commission – January 17, 2013 (D13-113). Adoption of Minutes (D13-114 thru D13-115). Councilor Kelly moved approval of the February 12 and 26, 2013 Work Session and the February 26, 2013 Public Hearing and Regular Session minutes; motion was seconded by Councilor Paolucci and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-19, First Read Approved, Amending the Fiscal Year 2013 Social Services Fund by $310,000 to Appropriate Additional State and Federal Funding (D13-116). Upon a motion and as recommended Councilor Paolucci moved to approve Resolution 13-19,on first read, to amend the fiscal year 2013 Social Services fund by $310,000 to appropriate additional State and Federal funding; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0) Ordinance 13-07, First Read Approved, Renewing the Non- Exclusive Franchise to Nancy S. Wimmer, D/B/A Trolley Tours of Fredericksburg, to Provide Motor Vehicle Tour Services in the City (D13-117). Upon a motion and as recommended Councilor Kelly moved to approve Ordinance 13-07, on first read, renewing the non-exclusive franchise to Nancy S. Wimmer, D/B/A Trolley Tours of Fredericksburg, to provide motor vehicle tour services in the City; motion was seconded by Councilor Devine and passed by the following 18171 Regular Session 03/12/13 unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-20, Approved, Authorizing the City Manager to Execute a Second Performance Agreement Amendment with Fork & Pint Company and the Fredericksburg Economic Development Authority (D13-118). Upon a motion and as recommended Councilor Solley moved to approve Resolution 13-20, authorizing the City Manager to execute a second Performance Agreement Amendment with Fork & Pint Company and the Fredericksburg Economic Development Authority; motion was seconded by Vice-Mayor Ellis and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Presentation of Fiscal Year 2014 Recommended Budget (D13- 119). The recommended operating Budget for Fiscal Year 2014 and summary were presented for Council’s review. The total budget for revenues and expenditures totals $82,587,410, an increase of 5%. The budget recommends a three cent tax increase in the real estate tax rate. This would be a $77.00 increase to the typical homeowner per year and the marginal revenue from $0.01 is $355,000. Staff recommended providing employees with a three percent overall salary increase; two percent cost of living and one percent VRS mandated swap. There are 445 full-time positions and staff recommends adding 6.5 new full-time positions: 2 Emergency Medical Technician, 3.5 Sheriff’s Deputies, and 1 Purchasing Agent. In the presentation staff also discussed contracting services (pilot program), classification and compensation review, Information 18172 Regular Session 03/12/13 Technology strategic plan, infrastructure improvements, hours and benefits, major capital improvements, transfer to schools operating fund in the amount of $26.128 million, and $590,000 to the schools capital fund. See (D13-119) for more information. City Manager’s Report and Council Calendar (D13-120 thru D13- 121). City Manager Cameron asked if there were any questions regarding the Manager’s report or the Council Calendar. Activities highlighted on the report were as follows: Upgraded Buses Added to FRED Fleet, Smoke Free Initiative, Fredericksburg Hosts Virginia Recreation & Parks Society Management Conference, Restaurant Week 2013 Sells More than 10,000 Meals, Driver Safety Training Program and New Police Vehicles. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:20p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18173 Regular Session 03/12/13 [This page intentionally left blank.] 18174