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City Council

Regular Meeting

Fredericksburg, VA · October 22, 2013

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Public Hearing 10/22/13 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 October 22, 2013 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, October 22, 2013, beginning at 7:48 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. Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Planning Director Chuck Johnston, Deputy Director of Planning Erik Nelson, Site Development Manager Kevin Utt, Budget Manager Amanda Lickey, Parks, Public Works Director Doug Fawcett and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D13-409 thru D13-411). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution 13-98, Approved, the Final Subdivision Plat and Plan for the Proposed Subdivision of “Summerfield”, GPIN#7778-15-9135, Consisting of 14.7 Acres (D13-409). – no speakers. Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13-98, approving the final subdivision plat and plan for the proposed subdivision of “Summerfield”, GPIN#7778- 18403 Public Hearing 10/22/13 15-9135, consisting of 14.7 acres; 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). Resolution 13-99, Approved, Recommending Amendments to the Comprehensive Plan (2007) and the Capital Improvement Plan to Provide for the Establishment of a Surface Parking Lot Adjacent to the Proposed Multi-Use Minor League Baseball Stadium and Baseball and Softball Tournament and Training Complex in Celebrate Virginia South (D13-410) – 1 speaker. After staff presentation Assistant City Manager Whitley stated that the resolution should read $8 million and not $7 million. He asked that the resolution be amended when it’s adopted. Councilor Howe asked if there would be any environmental work provided during this process and Deputy Director Nelson stated that there is a possibility of environmental impacts, but nothing out of the ordinary. Councilor Paolucci requested that trails and sidewalks be included in the plan. Jason Graham, 1904 Idlewild Boulevard, asked if there were going to be expected revenues to be gained and if so when did the City anticipate paying off the debt. Assistant City Manager Whitley stated that the City’s current estimates are still influx but there may be opportunity to split the revenues with the team on the parking. The City’s estimated revenues are $150,000 which would not be sufficient to pay the debt service, but it’s part of a larger economic development project. 18404 Public Hearing 10/22/13 Upon a motion and as recommended Councilor Devine moved approval of Resolution 13-99, recommending amendments to the Comprehensive Plan (2007) and the Capital Improvement Plan to provide for the establishment of a surface parking lot adjacent to the proposed multi-use minor league baseball stadium and baseball and softball tournament and training complex in Celebrate Virginia South and to include the amendment to the CIP from $7 million to $8 million; 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). Resolution 13-95, Second Read Approved, Amending the Fiscal Year 2014 Budget by Appropriating Fiscal Year 2013 Encumbrances and for Capital and Grant Carryovers (D13-411) – no speakers. Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13-95, on second read, amending the fiscal year 2014 budget by appropriating Fiscal Year 2013 encumbrances and for capital and grant carryovers; 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). Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 7:56 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18405 Public Hearing 10/22/13 [This page intentionally left blank.] 18406 Regular Session 10/22/13 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 October 22, 2013 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, October 22, 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. Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Planning Director Chuck Johnston, Deputy Director of Planning Erik Nelson, Site Development Manager Kevin Utt, Budget Manager Amanda Lickey, Parks, Public Works Director Doug Fawcett 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 the Young Marines. Officer Recognized. Mayor Greenlaw recognized the presence of Officer John Fesq at this evening’s meeting. Proclamation Recognizing Red Ribbon Week (D13-408). Mayor Greenlaw presented Kodi Kennedy-Headrick, Young Marines Gunnery Sergeant with a proclamation proclaiming October 23-31, 2013 as Red Ribbon Week, and encourage all 18407 Regular Session 10/22/13 citizens to participate in drug prevention education activities. City School Update – Dr. David Melton, School Superintendent updated Council on the enrollment, the Hugh Mercer school renovations, performance contract and the schools accreditation. He reported that the school enrollment was up about 50 students more than this time last year. The addition on Hugh Mercer was about eight days behind due to the weather. The contract performance will be completed by next week and he added that the placement of the new air conditioning units at Walker-Grant required new walk pads and that has taken care of the roof issues and the roof will not have to be replace for five or six years. Dr. Melton was also pleased to report that out of 132 schools in Virginia 36 are fully accredited and the City schools were included in that 36. Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. Rygey Maumuhamudd, 1112 Caroline Street, announced that he was a write in candidate for Governor. He also stated that he would like the City to become a Sister City with Kenya. He had several ideas about getting the Sister City Association active and he requested funding to get it started. Nancy Moore, 314 Princess Anne Street, presented the two Wall of Honor nominees to Council, Butler Franklin and Dr. T. Stacy Lloyd. Ms. Franklin made many contributions to the City and the nation. She was well known as a preservationist and nationally as a crusader for women’s rights. Her greatest accomplishment was the protection of Fall Hill the family estate which is now part of the City’s Old Mill Park. Dr. Lloyd was known for his work as a physician and civic leader. He served 18 18408 Regular Session 10/22/13 years on the City Council and throughout his career he worked to enhance the obstetrical care at Mary Washington Hospital over a period of 40 years, delivering about 8,000 babies and he worked to improve the treatment of indigent mothers and their children, and he established the Memorials Commission and the Wall of Honor. Public Hearings (D13-409 thru D13-411). 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. Legislative Agenda – Councilor Devine Legislative Agenda – Councilor Devine would like to seek General Assembly authorization for a new category in the ABC permit for first Friday type of events. These types of events are prohibited from serving complimentary beverages and it’s prohibited to obtain monthly permits she said they are very costly and time consuming. The goal is to seek a change in the ABC license options that would provide the option for ongoing monthly use for a nominal fee. She would like to possibly partner with other communities that have similar events. She asked Council to consider adding this to the legislative agenda. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D13-412 thru D13-424). Following review and as recommended, Councilor Kelly moved approval of the City Manager's consent agenda items; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, 18409 Regular Session 10/22/13 Paolucci and Solley. Nays (0). • Ordinance 13-20, Second Read Approved, Requiring Pawnbrokers and Precious Metal Dealers to Make their Required Reports to the Police Department Electronically, by Adding a New Fredericksburg City Code Chapter 22, “Businesses”, Article II, “Pawnbrokers”, Division I “Generally” Section 22-33 “Reporting”, and Amending Chapter 22 “Businesses”, Article III “Dealers in Precious Metals”, Section 22-89 “Records of Purchase” (D13-412). • Resolution 13-95, Second Read Approved, Amending the Fiscal Year 2013 School Grants Fund Budget for Final Adjustments (D13-413) • Transmittal and Acceptance of the Wall of Honor Nominations (D13- 414). • Transmittal of Boards and Commission Minutes o Board of Social Services – August 9, 2013 (D13-415). o Fredericksburg Clean and Green Commission – September 9, 2013 (D13-416). o Fredericksburg Arts Commission – July 11, 2013 (D13-417). o Fredericksburg Arts Commission – August 1, 2013 (D13-418). o Planning Commission – September 11, 2013 (D13-419). o Planning Commission – September 25, 2013 (D13-420). o Potomac and Rappahannock Transportation Commission – September 5, 2013 (D13-421). o Public Transit Advisory Board – August 7, 2013 (D13-422). 18410 Regular Session 10/22/13 o Recreation Commission – August 15, 2013 (D13-423). o Riverfront Taskforce – August 14, 2013 (D13-424). Reappointment to the Community Policy and Management Team for Youth and Family Services – Sarah King (D13-425). Councilor Devine moved to reappoint Sarah King to the Community Policy and Management Team for Youth and Family Services; 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 the Memorials Commission – Nancy Moore (D13-426). Councilor Kelly moved to reappoint Nancy Moore to the Memorials 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). Appointment to the Rappahannock Area Agency on Aging Advisory Board – Mary Jackson (D13-427). Councilor Paolucci moved to appoint Mary Jackson to the Rappahannock Area Agency on Aging Advisory Board; 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). Resolution 13-100, Approved, Authorizing the City Manager to Apply for $1,000,000 in Fiscal Year 2015 Virginia Department of Transportation Revenue Sharing Funds for Street Rehabilitation and 18411 Regular Session 10/22/13 Traffic Signal Improvements (D3-428). After staff presentation Councilor Devine asked for clarification on the types of upgrades to the five traffic signals. Mr. Fawcett explained that those upgrades should not have been included in the resolution and he asked Council to remove it in their motion. Upon a motion and as recommended Councilor Kelly moved to approve Resolution 13-100 authorizing the City Manager to apply for $1,000,000 in fiscal year 2015 Virginia Department of Transportation Revenue Sharing Fund for street rehabilitation and traffic signal improvements and strike the traffic signal upgrades from the resolution; 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 13-101, Approved, Authorizing the City Manager to Apply for $246,400 in Fiscal Year 2015 Transportation Alternatives Funds Through the Virginia Department of Transportation for the Virginia Central Railway Trail (D13-428). Councilor Solley moved to approve Resolution 13-101, authorizing the City Manager to apply for $246,400 in fiscal year 2015 Transportation Alternatives Funds through the Virginia Department of Transportation for the Virginia Central Railway Trail; 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). Ordinance 13-21, First Read, Adding a Member to the Fredericksburg Taxicab Board by Amending City Code Chapter 10 18412 Regular Session 10/22/13 “Agencies, Authorities, Boards, Commissions and Committees”, Article II “City-Wide Bodies”, Section 1-437 “Membership” (D13-429). Councilor Paolucci moved to approve Ordinance 13-21, on first read, adding a member to the Fredericksburg Taxicab Board by amending City Code Chapter 10 “Agencies, Authorities, Boards, Commissions and Committees”, Article II “City-Wide Bodies”, Section 1-437 “Membership”; motion was seconded by Councilor Kelly. Councilor Howe wanted it recorded that although he was pleased to moving forward with the Board he does not feel as though there is proper objective balance represented on the board. He said the original intent of the Board was to be made up of more people that use the service not of those that provide the service. Motion 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 Ordinance 13-21 on second reading, Councilor Kelly moved to suspend the rules; the 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). Ordinance 13-21, Second Read, Adding a Member to the Fredericksburg Taxicab Board by Amending City Code Chapter 10 “Agencies, Authorities, Boards, Commissions and Committees”, Article II “City-Wide Bodies”, Section 1-437 “Membership” (D13-429). Councilor Paolucci moved to approve Ordinance 13-21, on second read, adding a member to the Fredericksburg Taxicab Board by amending City Code Chapter 10 “Agencies, 18413 Regular Session 10/22/13 Authorities, Boards, Commissions and Committees”, Article II “City-Wide Bodies”, Section 1-437 “Membership”; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Ellis, Devine, Kelly, Paolucci and Solley. Nays (1) Howe. Legislative Agenda (D13-30). Following staff presentation Councilor Kelly suggested that the City needed to start working on the Legislative agenda much sooner. He stated that the City needed to work more closely with the legislators because they are ready to work with the City. He also asked that staff extend the invitation to directors to see if there are any items they would like to see on the legislative agenda. Councilor Kelly also stated that he would like to see the jail item as a regional item and Mr. Whitley explained that it was and that City Manager Cameron had a meeting set up with other members of the jail and Speaker Howell. Councilor Howe asked if staff could provide a report on which items actually are passed and which do not. Councilor Kelly stated that City Attorney Dooley always check and report back on what items have passed and will affect the City. Approving the Holiday Schedule (D13-431). Assistant City Manager explained the changes suggested for the holiday schedule. The first change was to close the public buildings to the public on Wednesday before Thanksgiving, but remain open for employees to work this way the office will not have to worry about coverage. The second change would be to close on Christmas Eve. Councilor Paolucci moved to approve the proposed holiday schedule as presented; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Ellis, Devine, Howe, Kelly, Paolucci 18414 Regular Session 10/22/13 and Solley. Nays (0). City Manager’s Report and Council Calendar (D13-432 thru D13- 433). Assistant City Manager Whitley asked if there were any questions regarding the Manager’s report or the Council Calendar. Activities highlighted on the report were as follows: Service Level Agreement, Fredericksburg Department of Social Services Supports Alzheimer’s Association, IPMA-HR Virginia Chapter Director’s Retreat; City of Fredericksburg United Way Benefit Golf Tournament and City Employees Receive VDOT Training. Mr. Whitley added that the United Way Golf tournament was a success with 77 golfer and early estimated proceeds for the United Way were $8,200. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:31 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18415 Regular Session 10/22/13 [This page intentionally left blank.] 18416

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