City Council

Public Hearing 05/14/13 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 May 14, 2013 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, May 14, 2013, beginning at 7:49 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, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Budget Manager Amanda Lickey, Planning Director Chuck Johnston, Senior Planner Erik Nelson, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D13-182 thru D13-186). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Amending the Conditions of Special Use Permit 2009-12 Issued to Calvary Christian Church to Allow Expansion of a Child Care Center (D13-182 thru D13-184). – 2 speakers. After the brief summary from staff, Council had a few questions regarding the regulation to the number of children 2 ½ years old or younger, who was requesting the amendment Precious Moments or Emmanuel Faith 18213 Public Hearing 05/14/13 Christian Academy, current number of kids enrolled, and questions regarding play area and whether the neighbors were informed of the play area. Mr. Nelson explained that the number of children would be regulated by State; if the center reached more than 5 the State would inform the City. Mr. Nelson said it was his understanding that Precious Moments was running the daycare and at some point Emmanuel Faith took over, but the applicant is the church. He also explained that the letter was based off the original special use permit (SUP) which allowed 32 children and in order to expand, the church needed an amended SUP to get approval from the State. Mr. Nelson said there are only five children enrolled since the approval of the original SUP. The play area was not a part of the original request from the church and was not in the original application. The play area was added on by the Planning Commission. Pastor Michael Hirsch, 200 McConkey Street, Pastor Hirsch address some of the questions from Council. He said currently there were no kids attending the daycare. He said the staff-to-child ration was not feasible and as they received applications they realized the need was more for younger children and the original conditions in the SUP were affected by the change in age. Mayor Greenlaw questioned whether the SUP was still in place because when it was issued the daycare center had to be operational within 6 months. Pastor Hirsch said they have continued to have their inspections by the state as if they were operating. He also explained that the business name change was due to two congregations merging. He also said that a member of the Planning Commission suggested the extension of the hours and the addition of the playground area that was not a part of his request. Councilor Howe disqualified himself because he is an adjoining property owner. 18214 Public Hearing 05/14/13 Pastor Hirsch stated that if it caused too much discomfort to allow the play area he would ask that to be removed from the SUP. Frederic N. Howe, III, 311 Cannon Circle, owner of 2300 Jefferson Davis Highway stated that the church had been a good neighbor and that he originally supported the SUP with one exception, the playground. He explained that it makes it difficult to work and have a professional business office with the sounds of a playground next door. He asked that the playground be removed and he would support Council granting the SUP. Resolution 13-36, Granting a Special Use Permit to Hugh Mercer Elementary School for Construction of an Addition on Property Located at 2100 Cowan Boulevard (D13-185) – no speakers. Upon a motion and as recommended Councilor Devine moved to approve Resolution 13-36, granting a special use permit to Hugh Mercer Elementary School for construction of an addition on property located at 2100 Cowan Boulevard; motion was seconded by Councilor Ellis and approved by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-37, Authorizing the City Manager to Accept a Deed of Easement for Access to Motts Run Reservoir and to Vacate the Existing Right-of-Way Across Land Owned by Gordon Yarboro (D13- 186) – no speakers. Upon a motion and as recommended Councilor Solley moved to approve Resolution 13-37, authorizing the City Manager to accept a Deed of Easement for access to Motts Run Reservoir and to vacate the existing right-of-way land owned by 18215 Public Hearing 05/14/13 Gordon Yarboro; motion was seconded by Councilor Devine and approved 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 8:19 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18216 Regular Session 05/14/13 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 May 14, 2013 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, May 14, 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, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Budget Manager Amanda Lickey, Planning Director Charles Johnston, Senior Planner Erik Nelson, and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Matthew J. Kelly followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Stu Butterfield at this evening’s meeting. Proclamation Presented to Carroll Altman for 31 years of Service to the Fredericksburg Fire Department (D13-181). Mayor Greenlaw 18217 Regular Session 05/14/13 presented a proclamation to Carroll Brook Altman recognizing and thanking him for his 31 years of service to the City. City Manager Cameron congratulated Mr. Altman on his retirement and thanked him for his professionalism and for being a great role model and mentor to the younger firefighters. Mr. Cameron presented Mr. Altman with a city watch. Fire Chief Allen stated that when you lose a senior staff from the department you lose valuable information. He thanked Mr. Altman for being the person he was and he presented him with his fire helmet. Mr. Altman thanked Chief Allen, Deputy Chief Jones, the members of the Fire Department and he said he enjoyed his time with the Department. He also thanked City Council and the City Manager for their support. Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. Darryl Green, 4121 Plank Road, wanted clarification on why the taxi meter item was on the agenda, he didn’t think it was supposed to be on the agenda so soon. Kenneth Green, also wanted clarification on the revision to the taxi ordinance. G.M. Haney, said he was speaking on behalf of his son Matt Haney who is the running force behind getting the meters in the cabs. He said it would solve many of the problems for all concerned. Raza Syed, with Virginia Cab, spoke in favor of putting meters in the cabs and increasing the fares. Kamran Akram, 100 Princess Anne Street, Apt 107, spoke in support of putting meters in cabs and in support of a fare increase. 18218 Regular Session 05/14/13 Shakeel Kahood, 1101 Townsend Boulevard, Apt. 30, spoke in support of putting meters in cabs. David Limbrick, 7238 Macedonia Road, Woodford, VA, has been with Virginia Cab for 40 years and he has two cabs of his own and he would like to see the meters put in the cabs. He said they have been losing many of their regular customers because of the inconsistency in the prices due to the zones. He supports going to the meter system. Namat Ullah, 2510 Manor Drive, support going to meters he said it would help with pricing. Public Hearings (D13-182 thru D13-186). 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. Revised Taxi Ordinance – Councilor Howe. 7B. Open Government – Councilor Devine. Revised Taxi Ordinance (D13-187). Councilor Howe stated that 60 out of the 83 taxi owners had petitioned Council to change from zones to meters and this petition also included a fare increase. He said the zone had caused an inconsistency in the fees for the customers. Councilor Howe wanted to have this ordinance considered before the road closures on Fall Hill Avenue because that will be a big concern for the drivers regarding the cost for the customers. Councilor Howe said he would like to have the ordinance approved in two phases the first to include the implementation of the meters and the fare increases. The second phase would be implemented if phase one is not and 18219 Regular Session 05/14/13 this would implement new zones if the meters are not approved. This item will be publicly heard at the May 28 meeting. Open Government (D13-188). Councilor Devine addressed the topic of open government. She addressed the email threads between four of the Council members and how they do not send emails to all of the Councilors. She also addressed decisions being made without full Council input. (For more information see D13-188). Councilor Kelly responded stating that there were two issues open government and political process. He addressed open government by stating that it is making yourself clear on where you stand by using resources such as Op Eds, blogs and other resources. He also stated that many of Council were using the Council archives which are available to the public. He said meetings are to bring business to a conclusion and the only way to get decisions is by using emails, because you can’t get it all done in an hour work session. He stated that he did not see this as an open government issue, but a matter of political disagreement. Vice-Mayor Ellis said everything he has presented to Council he has also presented during his Town Hall meeting he had weeks ago. He said he did state in one of his emails that because of the volume of emails and the timing he thought it could be considered a meeting, but he also said in another email that he asked Councilor Kelly to quit sending emails and bring it all to the work session for discussion. He said he could not help that he received the emails, but he agreed that it’s hard to get a consensus on items if they were only discussed during the short work sessions. Councilor Howe thanked Councilor Devine for bringing the issue up. He said they try hard not to cross the timeline on the emails, but if they have they didn’t mean to. 18220 Regular Session 05/14/13 He said there were two issues closed government and participatory government, which he felt Council was not having. He said it’s difficult to assess likes, dislikes etc. if Council is not talking. He explained that he works 7 days a week and email was the best communication sometimes. He said he stopped sending emails to everyone because he wasn’t getting responses. Mayor said it’s impossible to respond to emails that they do not receive. Councilor Paolucci responded saying that when emails are sent out and responses are not received it’s also difficult to respond. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D13-189 thru D13-198). Following review and as recommended, Councilor Kelly moved approval of the City Manager's consent agenda; 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). • Transmittal of the FRED Transit Progress Report – April 2013 (D13- 189). • Ordinance 13-08, Second Read Approved, Amending the Refuse Collection, Water and Sewer Service Fees, Rates, and Charges (D13- 190). • Resolution 13-34, Second Read, Amending the Fiscal Year 2013 Budget to Add to the Fund Balance Assigned for Health Insurance Claims and to Appropriate $613,038 for Health Insurance Claims Run-Out (D13- 191). 18221 Regular Session 05/14/13 • Resolution 13-38, Appointing Alternates to the Rappahannock Regional Jail Authority, the Rappahannock Regional Solid Waste Management Board and the Fredericksburg Area Metropolitan Planning Organization. (D13-192). • Transmittal of Boards and Commission Minutes o Board of Social Services – February 8, 2013 (D13-193). o Board of Social Services – March 8, 2013 (D13-194). o Fredericksburg Clean & Green Commission – March 4, 2013 (D13- 195). o Fredericksburg Clean & Green Commission – April 8, 2013 (D13- 196). o Potomac & Rappahannock Transportation – April 4, 2013 (D13- 197). o Riverfront Taskforce – March 13, 2013 (D13-198). Adoption of Minutes (D13-199 thru D13-201). Councilor Kelly moved approval of the March 28, April 9, and April 30, 2013 Work Sessions and the April 9 Public Hearing minutes and the April 9 and April 23 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). Reappointment to Chaplin Youth Center – Cheryl Matthews (D13-202). Upon a motion and as recommended Councilor Paolucci moved to reappoint Cheryl Matthews to the Chaplin Youth Center; motion was seconded by 18222 Regular Session 05/14/13 Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Reappointment to Rappahannock Area Community Services Board – Rev. Lawrence A. Davies (D13-203). Upon a motion and as recommended Councilor Paolucci moved to reappoint Rev. Lawrence A. Davies to the Rappahannock Area Community Services Board; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Kelly, Paolucci and Solley. Nays (0). Abstain (1). Councilor Howe. Reappointment to Germanna Community College Board – Teri McNally (D13-204). Upon a motion and as recommended Councilor Devine moved to reappoint Teri McNally to the Germanna Community College Board; motion was seconded by Councilor Solley and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Reappointment to Recreation Commission – Calvin Glover and Ken Kroko (D13-205). Councilor Kelly moved to suspend the rules to allow Mr. Ken Kroko to serve a third term on the Commission; 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). After the recorded votes taken, Calvin Glover and Ken Kroko were appointed to the Recreation Commission with a vote resulting between applicants. Calvin Glover, Ken 18223 Regular Session 05/14/13 Kroko and Howard Piggee, Jr. Glover (5) Councilors Greenlaw, Ellis, Devine, Solley, and Paolucci. Kroko (5) Councilors Greenlaw, Devine, Howe, Paolucci and Solley. Piggee (2) Councilors Ellis and Howe. Appointment to Cable Commission – Dennis David and Frederic N. Howe, III (D13-206). Upon a motion and as recommended Councilor Devine moved to appoint Denis David and Councilor Frederic N. Howe, III to the Cable Commission; motion was seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Setting the Real Estate Tax Rate at $0.78 per Every $100.00 of Assessed Value of Real Estate for Fiscal Year 2014 (D13-207). No action was required because the tax rate was proposed to stay the same. Resolution 13-39, First Read Approved, Appropriating Funds for the Fredericksburg City Public Schools for Fiscal Year 2014 (D13-208). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13- 39 on first read, appropriating funds for the Fredericksburg City Public Schools for Fiscal Year 2014; 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). Suspension of the Rules Approved. In order to place Resolution 13-39 on second reading, Councilor Devine moved to suspend the rules; the motion was seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (7). 18224 Regular Session 05/14/13 Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci and Solley. Nays (0). Resolution 13-39, Second Read Approved, Appropriating Funds for the Fredericksburg City Public Schools for Fiscal Year 2014 (D13- 208). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13-39 on second read, appropriating funds for the Fredericksburg City Public Schools for Fiscal Year 2014; 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 13-40, First Read Approved, Appropriating Funds for Fiscal Year Beginning July 1, 2013 through June 30, 2014 (D13-209). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13- 40 on first read, appropriating funds for Fiscal Year Beginning July 1, 2013 through June 30, 2014; motion was seconded by Councilor Paolucci. Councilor Solley stated that he could not support the budget because many of the Council priorities that the City Manager had included had been removed so that there would be a zero increase in real estate tax. He said the Council had a study done and he felt as though Council was not taking the advice from the study. He also expressed his concern that programs that supported Economic Development and Tourism had been cut. Councilor Devine stated that Council spent a lot of time during the retreat to determine the priorities and the direction they wanted to go, but she did not feel as though the budget was moving forward with those decisions. She said she knows it’s hard to ask citizens to pay more but it’s an investment on the quality of life and she does not plan to support the budget. 18225 Regular Session 05/14/13 Councilor Kelly noted that there was a disagreement with the plan of action to move forward, but listed the many projects that have been pushed further into the future because the funding isn’t available. He also recounted the fact that the State was not contributing to the cost of the three Sheriff’s that the City is required to hire for the courts. He said this is the time to stop and reevaluate the budget, get a good handle on what the schools needs are going to be, see what needs to be done with Economic Development and to talk with the regional partners to see what cost could be shared. Vice-Mayor Ellis stated that the budget increased salaries to employees and school employees, reduced the BPOL tax, restored cuts to the outside agencies, and added $1 million for courts. He said not everyone got what they wanted and he was not in favor of a tax increase because the citizens already have to pay more for the water and sewer fees. Councilor Howe agreed with Vice-Mayor Ellis and stated that he had voted against the last two budgets, but he was planning to support this budget. He stated that the City must find a way to generate more revenue in the future because of future projections the City must start tightening up on its expenses. Councilor Howe said he still plans to promote the tax refund after a service debt is paid in full. Councilor Paolucci thanked the staff for working to get the BPOL tax cut and getting the safety, sidewalks and light approved. Mayor Greenlaw stated that she would support the budget although she was disappointed because she didn’t think it followed through on many of the goals set by Council, it does not implement any of the recommendations from the study Council had done and this budget sets the City up for a more difficult budget next year. 18226 Regular Session 05/14/13 The motion passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Ellis, Howe, Kelly and Paolucci. Nays (2). Councilors Devine and Solley. City Manager’s Report and Council Calendar (D13-210 thru D13- 211). 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: Marine Corp Historic Half Marathon, Police go Over the Edge for Special Olympics, Fredericksburg Named SBA’s Small Business Community of the Year, Fair Housing Seminar, Pictometry Added to FredGIS and Building & Development Services Construction Update. City Manager Cameron highlighted the Marine Corp Historic Half Marathon and he noted that Public Works had their bid opening for the replacement of the Canal Bridge. There were 10 bidders and the lowest bidder was American Infrastructure out of the Richmond area. Councilor Kelly requested the information be sent to VDOT. Mayor Greenlaw stated that she was proud to announce that Fredericksburg was named Virginia Small Business Community of the Year and Jason Cohen, President of ILM Corporation was named Virginia’s Small Business Person of the Year. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:40 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18227 Regular Session 05/14/13 [This page intentionally left blank.] 18228