City Council

Regular Session 12/10/13 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 December 10, 2013 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, December 10, 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 Cameron, City Attorney Kathleen Dooley, Planning Director Chuck Johnston, Debra Mathis, Zoning Administrator, 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 Mayor Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Sgt. Paul Peterson at this evening’s meeting. Wall of Honor Ceremony. The Commissioners who nominated the Wall of Honor nominees gave a brief overview of each person’s life and their many contributions 18449 Regular Session 12/10/13 to the Fredericksburg community and Mayor Greenlaw revealed the names on the wall. The 2013 Wall of Honor honorees were Butler-Brayne Franklin, and Dr. T. Stacy Lloyd. Proclamation Recognizing Kathleen M. Beck, Director of Transit (D13-482). Mayor Greenlaw presented Kathleen M. Beck with a proclamation to publicly commend and express her gratitude for the excellent professional service she has provided to the citizens of Fredericksburg. City Manager Cameron thanked Ms. Beck for leading the transit system with so much respect. He said he was impressed with the many accomplishments that she led at transit as well as how she and her staff go out of the way for people. He said she would be missed and he was grateful for her work to the City. Ms. Beck thanked her staff, City Council and City manager Cameron, she said it was a pleasure to work in the City and she noted that she had the best staff in the City. She also gave thanks to her family for their sacrifices. Letter of Appreciation to Own Lindauer and Donna Chasen (D13- 483 thru D13-484). Mayor Greenlaw read and presented a letter of appreciation to Owen Lindauer for his service on the Architectural Review Board from 2006 through December 2013. She also recognized Donna Chasen who was unable to attend the meeting. She served on the Architectural Review Board form November 2001 to December 2014 Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. Paul Fallen, 1813 Genther Lane, stated that UDO Section 203F states that because of the unique characteristics or potential impacts on adjacent land uses special 18450 Regular Session 12/10/13 use permits are not generally permitted as a matter of inherent right, but may under the right circumstances and conditions be acceptable in certain specific locations. He said taken as a whole a fast food drive-thru is not in harmony with the Comprehensive Plan. He ask where the weight was given in balancing the protection of environmental resources and natural wildlife habitats and where in the development is the environmental protection policy on restricting grading and clearing, there should have been minimal tree loss as the new development occurred. He also asked where was the weight in preserving the character of existing neighborhoods and enhancing residential neighborhoods. He stated that 71 percent of Westwood homeowners recognize the loss of character and signed a petition against the special use permit. He felt the homes would lose value because of the fast food restaurant. He said there is little emphasis on office space at Cowan Crossing and he felt there was more on drive-thru’s. He said he recognize the need for new revenue sources and noted that Westwood does not oppose to the pharmacy, or the bank, or office building, but felt that a fast food chain drive-thru was low in the class of uses. He asked why not try to get a restaurant with more class and less intensity. Mr. Fallon said a Commercial Office –Transitional district is known for Commercial Uses in a low intensity manner as a transition between residential neighborhoods and something of higher intensity. He also questioned the number of possible vehicle that would be coming through the drive-thru and stated that it wasn’t low intensity. He said that for decades it has been illegal for a restaurant to be in a Commercial-Transitional Zone and asked that the use be revised in the use table. Hannah Fallen, 1813 Genther Lane, urged City Council to deny the special use permit for the Burger King at Cowan Crossing. She said she understood the need for tax 18451 Regular Session 12/10/13 revenue in the City, but the neighborhood did not oppose to Cowan Crossing just the Burger King because of traffic air quality and odor. She said 71 percent of the neighborhood signed a petition in opposition of the Burger King. She recognized that the restaurant would be trying to mitigate the odor with the catalytic converter, but she said odor is subjective and she feels it would diminish the enjoyment of their personal property. Ms. Fallen stated that even though the immediate property owners who are affected are in agreement with the special use permit doesn’t mean their wishes should be ignored. She spoke of a survey that Mary Washington Healthcare had online a fast food density study from 2009 and the City was the 12th densest of 134 communities in Virginia. She said she did not oppose a restaurant she would prefer something with more character and with more healthful choices. David Nye, 1504 Keenland Road (D13-485). Stated that he was in support of the special use permit for the Burger King because it was consistent with other businesses in the area, it would bring additional tax revenue. He said the developer’s representatives were extremely good at listening to them and addressing their concerns in order to lessen the impact on their properties. Mr. Nye asked City Council to consider all that the developer had done for the adjoining homeowners. He felt that City should welcome any developer who does the right thing when working with adjoining property owners to alleviate potential impacts on their homes. He asked Council to support the special use permit. Richard Friesner, 1231 Hanover Street, thanked Council for serving and he spoke in favor of Councilor Howe’s proposed Citizen Budget Advisory Board. He listed three items that support this: The projected budget shortfall between $2 million and $4 18452 Regular Session 12/10/13 million through 2018 which will require new income or significant reduction in may services the residents depend on; it seeks to involve more input from City residents, and anything that increases public input should be strongly considered; a citizen led budget advisory group will allow the City Manager to produce an even better and more informed budget. Tracey Hormunt, 800 Adam Street, spoke in support of the Citizen Budget Advisory Board. She noted that she served in a professional capacity in a jurisdiction north of the City and have been involved in the budget process by shepherding them through well over a $100 million in cuts over the last six years. She understands the budget process and believes the collective wisdom of many people could make this happen. She noted that citizens bring a diverse viewpoint and she encouraged Council to engage citizens in this process. She also encouraged the timeframe for the budget be extended because she felt the City was getting a late start. Council Agenda Presented. The following items were presented to Council. 7A. Fiscal Year 2014-2015 Budget/Council Advisory Board Creation and Appointments – Councilor Howe 7B. Resolution 12-__, Recommending Charles (Charlie) Kilpatrick for appointment as the next Commissioner of the Virginia Department of Transportation – Councilor Howe 7C. Resolution 12-__, Recommending Charles W. Payne, Jr. for Appointment to the Commonwealth Transportation Board – Councilor Howe Fiscal Year 2014-2015 Budget/Council Advisory Board Creation 18453 Regular Session 12/10/13 and Appointments (D13-486). – Councilor Howe proposed to create a Citizen Budget Advisory Board. The catalyst for proposing this Budget Advisory Board was the projected deficits the City will be facing. The creation timeline for this board, if Council decides to move forward, would be: City attorney to provide the required resolutions; Council to approve the creation in January 2014; Clerk to post request for applicants with proposed expectations of applications; interviews in February; appointment in March and this would allow a two month start time on the budget. The Board would consist of: two Council members, selected by Council; the City Manager; one Assistant City Manager, or other senior staff member; three citizens-at-large (4 year term); the City Treasurer and Commissioner of Revenue being called upon as needed. The membership of the Finance Board should have the following skill set: knowledge of corporate and/or governmental Generally Accepted Accounting Principles (GAAP); ability to analyze financial and management problems; understanding of recordkeeping; understanding of government organizing and operating principles; understanding of business principles. Councilor Howe said he understood the first year would be short of time for analysis for the budget, but creating the Board now would prepare them to address the upcoming deficit budget projections by acting now. He noted that there was a letter to the editor in the Free-Lance Star that speaks favorably of how Spotsylvania County has used a similar Board. The purpose of the Board is to actively involve citizens in the budgeting process and proactively assess city services that are offered for the taxes collected while making creative informed recommendations to Council for budget development and approval by City Council and to provide contingency plans for revenue shortfalls. Councilor Howe noted that the Council has not had to deal with a shortfall during his time on Council. 18454 Regular Session 12/10/13 Councilor Kelly had several questions: how much impact will the Board have over the school budget, which is the biggest portion of the budget; how is the Board going to fit into the normal budget process, will City Council have to wait for their recommendation before acting; what criteria will they have in evaluating the budget, normally City Council sets the priorities; Council normally sets the policy will the Board have authority to say yay or nay to these policies. Councilor Howe answered by saying there are no preset determination on what the Board would address, he said this would be decided by Council. The school budget is a component taken on by City Manager working with the Superintendent. Councilor Howe felt that the schools should have their own taxing authority. He did not think this was something this Board should work on. He said he would like to get the Board running so they can learn the process and this will give time for the Board to establish themselves as well as the framework, guidelines criteria, and to begin working with City Council to determine what it is they would be doing. He said there would be no rush on the Board he wanted to make sure they would be the right fit. The Board would meet monthly at a minimum. Councilor Howe noted there was currently a shortfall with staff and he said Council needed to set their priorities and prioritize the services and get citizen input on what the services should be going forward. He said he would ask this board to bring recommendations to Council. It would be Council’s responsibility to pass the budget and to determine what services are to be brought to the citizens and taxpayers. He said the Board would be responsible for helping guide the Council in that direction because many of the Council have full-time jobs and can’t devote the time to prioritizing and reaching out, especially when there’s a deficit. This would be an annual ongoing Board and they would look at the budget, 18455 Regular Session 12/10/13 revenues and expenditures and if there is extra money they would determine how the City would react. The policy for the Board would be determined by the City Council, they would report to City Council and provide guidance, expertise, creativity and recommendations. Vice-Mayor Ellis noted that the citizen input was already a part of the process and its Council’s responsibility to bring it forth during budget works sessions. As representatives of the citizen’s it is Council’s duty to bring forward public input. In the past Vice-Mayor Ellis stated that he held town halls on the budget and the response was tepid. He had concerns with how the governance process would work with this Board because it’s Council’s role to develop the budget and its one of the most important acts of Council because it affects everything in the City. He said Council should be very active in the budget process and he feels the process allows for that. Vice-Mayor Ellis stated that historically he felt the budget discussions focused more on the outside agencies. The budget should be approached more strategically by looking back on the budget using the Comprehensive Annual Financial Report (CAFR). He discussed starting with a zero based budget and all the cost that occur automatically. He suggested that Council needed to look ten years out especially for things such as school’s needs. The Council needed to work more closely with the school board so that they can have a better understanding of their needs. He said the economic development has to be factored in and the City has to find models to do that. He said he’s not sure citizens needed to be involved and how the governance would fit in, but he did agree that more scrutiny was needed. He agreed that the concept had merit and he’s open to change. He said if the Board was formed they should focus on total debt trend. The affects new projects would have on the debt load 18456 Regular Session 12/10/13 for 20-30 years, and he said more strategic and holistic discussions needed to be had. Councilor Howe stated that each of the things Vice-Mayor Ellis mentioned comes down to time, which he stated most of City Council does not have because of full-time jobs, boards and other extra-curricular activities, as well as family. He said the budget is given to Council approximately two months prior to approval and most of that time he feels is spent discussing outside agencies funds. He did not think the amount of time spent on the budget was appropriate and he did not think they could do it with their full- time jobs so this board would supplement Council’s inability to work those hours. He proposed that Council get more engaged and involved. He said the citizens needed to get involved and this Board was a way to get them involved and give their opinion. Councilor Paolucci agreed that the schools are majority of the budget, but the schools have a school board that is elected and are responsible for implementing the budget. She feels this should be handled by the school board and those elected officials. Councilor Paolucci said she did not see an issue with appointing an advisory board and that anytime fresh eyes are brought into a process it is beneficial. She would like to begin the budget process in January before the City Manager puts it together in March. Councilor Kelly stated that it was part of his process to talk and ask questions of people who are more versed in a topic that he is not and he said that would not change. His said there was no way to start the budget with a zero based budget when you have staff and equipment that need replacing. He noted that majority of the budget was people and items like regional jails, regional obligations, and federal and state mandates. He agreed that he would like to start on the budget earlier and he would like to talk with the regional partners because he feels the regional items are what’s hurting the budget. He 18457 Regular Session 12/10/13 added that most of the decisions that are going to affect the budget are policy decisions. He said he could understand if the committee was going to be a resource for the Council year around he could see going forward with the Board. He said he would like to see the proposal organized before having Council approve it. Fred explained that this was a recommendation for Council only, he was not setting policy and he would like Council to decide where the board could serve them best. He was willing to entertain all ideas. Councilor Devine clarified that there were two issues being discussed the timeframe of the budget and the Advisory Board. She stated that the timeframe for budget discussions needed to be addressed with City Manager Cameron. She noted that the budget reflects the concerns of Council throughout the year and those priorities that are set by Council. She feels the public is involved because they express their opinions to each of the Council members when they email or call. She didn’t feel the process needed to change only the timeframe. Councilor Solley said he had strong reservation on the concept of the group. He also agreed with Councilors Kelly and Devine’s statements. He agreed that Councilor Howe had a point with long range planning and the City does not do it as well as it could, but he said although the City was not doing it, they had the capability of doing so. He said at this time he does not see what the group would add to the budget and he asked that Councilor Howe would present a clearer structure and how they would fit in developing and passing a budget. Mayor Greenlaw added that the budget was the biggest and most important job Council has because it sets policy and she said that’s what Council is elected to do. She 18458 Regular Session 12/10/13 explained the budget process, the budget is developed by the City Manager and his department heads according to the criteria that Council sets in its goals and objectives. She stated that the items that are listed in the objectives for the proposed Board is what the Council was elected to do. She added that anyone who has chosen to accept the position of Councilor and the position of citizen’s vote of confidence and don’t have the time to dedicate to the position should not have chosen to run for Council. She also disagreed with the comments that were made stating that most of the budget time was spent on outside agencies. She said the Council can meet as much as they wanted to during the two month period. She did not see how a group would help with the budget. City Manager Cameron said his concern would be the staff commitment required to support this proposed board. He said the budget function in the City consist of two professionals the Assistant City Manager and the Budget Manager and one is on extended medical leave. He said he needed a good understanding of the time commitment needed before this proposal went too far. The Council sets strategic objectives and generated 9 objectives and that is what the staff rely on when compiling the budget and from that staff tries to find a consensus that reflects the will of the majority. Resolution 12-111, Recommending Charles (Charlie) Kilpatrick for appointment as the next Commissioner of the Virginia Department of Transportation (D13-487). – Councilor Howe moved to approve Resolution 12- 111, recommending Charles (Charlie) Kilpatrick for appointment as the next Commissioner of the Virginia Department of Transportation; 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). 18459 Regular Session 12/10/13 Resolution 12-112, Recommending Charles W. Payne, Jr. for Appointment to the Commonwealth Transportation Board (D13-488). Councilor Howe recommended Mr. Charles W. Payne, Jr., for the appointment to the Commonwealth Transportation Board stating the he had letters of support from Stafford County Economic Development Authority, Spotsylvania County Board of Supervisors letter of support and on December 17 Stafford County Board of Supervisors would also be providing a letter of support. He said this has not been taken up by the FAMPO Board, but he felt it was not needed since he was being supported by the region. Councilor Kelly noted that this was a critical position for the region. He said there had been discussions with some of the FAMPO members and though it would make more since to make two or three recommendations FAMPO would not meet until January. He felt there was some time before an appointment would be made, however he said Mr. Payne was a good candidate, and he was politically connected, but he wanted to take some time on this recommendation. Councilor Howe added that Mr. Payne also had support from Congressman Whitman and he said that the reason he put this recommendation off until this meeting was so that more names could be submitted and none have been submitted and he asked that Council move on with the nomination. Councilor Howe moved to approve Resolution 12-112, recommending Charles W. Payne, Jr. for appointment to the Commonwealth Transportation Board; motion was seconded by Councilor Ellis. Mayor Greenlaw added that she would like to see what FAMPO’s recommendation would be, but she felt Mr. Payne would support the region well. 18460 Regular Session 12/10/13 The motion passed by the following recorded votes. Ayes (4). Councilors Greenlaw, Ellis, Devine and Howe. Nays (3). Councilors Kelly, Paolucci and Solley. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D13-489 thru D13-494). 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, Paolucci and Solley. Nays (0). • Transmittal of the FRED Transit Progress Report – November 2013 (D13-489). • Memo Transmitting the Fiscal Year 2013 Comprehensive Annual Financial Report (CAFR) (D13-490). • Ordinance 13-22, Second Rad, Establishing Parking Fees and Fines for the Public Parking Lot at 904 Princess Anne Street (D13-491). • Transmittal of Boards and Commission Minutes o Recreation Commission – May 16, 2013 (D13-492). o Recreation Commission – June 20, 2013(D13-493). o Recreation Commission – September 19, 2013 (D13-494). Adoption of Minutes. Councilor Devine moved approval of the November 26, 2013 Public Hearing and Regular Session minutes; 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 Board of Zoning Appeals – Helen Ross (D13- 18461 Regular Session 12/10/13 495). Councilor Solley moved to reappoint Helen Ross to the Board of Zoning Appeals; 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 13-113, Approved, Special Use Permit to Cowan Crossing, LLC for the Operation of a Fast Food Establishment on Property Located at 1501-1573 Jefferson Davis Highway (D13-496 thru D13-497). After a brief staff overview Councilor Solley asked how the project was in harmony with the Comprehensive Plan items as it related to “Improving protection measures and Chesapeake Bay Preservation Area and the use of berms and other landscaping measures to shield large parking areas”. He also stated that in the Comprehensive Plan there was a description of the Commercial Transitional (C-T) zoning and the description states that it provides for the location of predominately non- retail commercial uses such as small scale office developments and it also states that the less intensive uses with appropriate landscaping and screening are intended to serve a suitable transition between residential areas and the more intensive commercial developments. Ms. Mathis stated that she felt that these were businesses that a residential community could appreciate such a retail establishments, medical offices, and food service establishments were less intensive uses and a more intensive uses would be manufacturing or industrial businesses. Mr. Johnston stated that with the passing of the Unified Development Ordinance (UDO) that fast food was conceptually appropriate in C-T districts. The buffers are subject to the Cowan Plan review, but he did not believe the restaurant was a large square 18462 Regular Session 12/10/13 foot or mass. The use is moderately scaled and fast food is an appropriate use for the C-T zone. He said the buffers that are proposed on the General Development Plan (GDP) exceed what the UDO stipulates. Councilor Kelly noted that there were changes with the UDO that allowed the site plan review process to be handled by staff and he said he would like to use this project as a case study and he would like staff to publically update Council on the project to be sure everything has been handled properly. Councilor Devine asked what the hours were and Mr. Johnston was not sure of the operating hours. Mr. Chris Hornung, representative for the application stated that he believed the hours were the normal 6 a.m. – midnight. Councilor Devine said those hours concerned her being so close to a residential neighbor. Vice-Mayor Ellis did not agree with using this as a case study since the first part of the application was submitted prior to the UDO approval. Councilor Kelly requested a case study because there had been cases in the past where things had been forgotten and were not taken care of and he wanted to make sure everything is being carried out. He would like to give staff time to determine if they could follow-up on these items. Mr. Johnston explained that he and his staff would work through these items, but he added that air quality was a new issue being addressed in the City and after research there were no State regulations addressing it either. He also explained that the UDO had a section on the standards of drive-ins and the speakers should not be audible beyond the lot line. The hours of operation are typically addressed through the special use permit process, but he felt it was appropriate. Councilor Howe asked what the remedies were if the noise abatement were not 18463 Regular Session 12/10/13 abided by on both the new development and the older establishments. Mr. Johnston stated that the zoning regulations are enacted going forward. He said the UDO stated the speakers should not be audible, but it does not quantify the sound level. He said he may have to do a text amendment to clarify and he said if there are complaints that its audible from the lot line staff will take action. Councilor Howe addressed the pollutants aspects and he asked if the precautions being taken were above the Department of Environmental Quality standards and Mr. Johnston stated that the State does no address this topic. Councilor Howe asked the City Attorney if it was exceeding the City’s authority if it were to ask the applicant to address the pollutants if the State does not have requirements for it. The City Attorney explained that with the proposed special use permit it addresses all the issues such as noise, lighting, signage, parking, hours of operation and odors. She said the question before Council is whether the proposal is consistent with the Comprehensive Plan and the purpose and intent of the zoning district and whether it would have an adverse effect on neighboring properties. She noted that if Council wanted to consider these items they should, and they would be handled at the site plan review. She also reminded Council of the noise ordinance and stated that it has been enforced at the fast food restaurant near Councilor Devine’s house. She reminded Council that if they did not directly address the noise it would be covered under the noise ordinance. Ms. Dooley also noted that if Council were planning to address the hours of operation there was no standards in the UDO to address it. She added that if hours of operations were going to be addressed Council needed to address it during the approval of the application. She also explained that Virginia does not address the emissions coming from a restaurant. She felt that the 18464 Regular Session 12/10/13 City could address the odors do to the impact on surrounding neighbors. Councilor Kelly stated that he was hesitant with making too many specific requests unless the City was planning to do the same across the board, he also questioned whether the City would be capable of making sure the conditions would be followed through. He also addressed ways to prevent some of the cut through traffic in the neighborhood. He felt the odor issue was being addressed properly. Upon a motion and as recommended Councilor Paolucci moved to approve Resolution 13-113 approving a special use permit to Cowan Crossing, LLC for the operation of a fast food establishment on property located at 1501-1573 Jefferson Davis Highway motion was seconded by Councilor Kelly. Vice- Mayor Ellis stated that he appreciated all the applicant has done to mitigate impacts on neighbors with the development. He said how would rather see a different type of restaurant there. He also urged Council to restrict the hours recommending a close time no later than 10 p.m. Vice-Mayor Ellis made a substitute motion for restriction of the hours of no later than 10 p.m.; Councilor Devine seconded that motion. Councilor Howe felt the restricted hours would be bad for the business. He said Council must consider that CVS has 24 hours with no restrictions. He stated that those restricted hours could kill the deal. Mayor Greenlaw noted that Hardees in the downtown backs up to a residential neighborhood and have late hours with no complaints. Councilor Solley agreed with Councilor Howe, he said if the SUP is approved he would like to see it be successful and limiting the hours may cause it not to be successful. 18465 Regular Session 12/10/13 A vote was taken on the substitute motion and it failed by the following recorded votes. Ayes (2). Councilors Ellis and Devine. Nays (5). Councilors Greenlaw, Howe, Kelly, Paolucci and Solley. Councilor Solley thanked the Silver Cos. for always going out of their way to meet the needs of the City. He said he disagreed with planning interpretation of the C-T Zoning and he did not agree that this use was less intensive and he wondered how the development was able to include a Burger King. He was concerned that it did not meet the criteria for C-T. The original motion passed by the following recorded votes. Ayes (4). Councilors Greenlaw, Howe, Kelly and Paolucci. Nays (0). Councilors Ellis, Devine, and Solley. Draft Virginia Stormwater Management Program Ordinance and Directing its Submission to Virginia Department of Environmental Quality for Review (D13-498). City Attorney Dooley stated that she was presenting this item due to a death in Mr. Kevin Utt’s family. Councilor Kelly stated that he would like to have Mr. Utt give a public presentation at the next Council meeting so that the public fully understands what it means for the water quality improvements and what the locality would have to spend to meet the obligations. Council was in agreement to postpone action until January 2014. Transmitting Staff Recommendation Regarding Pilot Program for Municipal Solid Waste Collection (D13-499 thru D13-500). Public Works Director Fawcett presented a PowerPoint presentation that discussed a previous work session and the options that were presented at the time. He also discussed the pilot program that began in College Heights and Darbytown and it was met with favorable 18466 Regular Session 12/10/13 reviews and finally he discussed the status of the program and a proposed schedule. See D13-__ for more information. Transmitting Staff Report Regarding Proposed Hydraulic Improvements Necessary for Decommissioning of FMC Wastewater Treatment Plant (D13-501 thru D13-502). Public Works Director Fawcett explained through his PowerPoint presentation that the Spotsylvania County has decided to decommission the FMC Wastewater Treatment Plant. The City and Spotsylvania County’s wastewater collection and treatment systems are interrelated therefore the closing has implications for the City. The cost of the project is estimated to be $6.6 million and the City’s share is $3.3million over three years. Councilor Howe asked if this project was in the Capital Improvements Plan (CIP), and whether it was in the future forecast. Mr. Cameron said it would be placed in the CIP and that it was not in the forecast. He also asked if the City was in a position to expand its existing facility so that the City could make its own decisions and not be surprised by Spotsylvania’s decisions. Mr. Fawcett explained that the City was in a joint agreement with Spotsylvania and has 1.5 million gallons passing through the FMC plant and this would have to be rerouted to the Massaponax Plant. He said if the City went independent it would have to make upgrades to the City’s facility to handle the additional 1.5 gallons of wastewater and immediate upgrades would need to be made in order to be in compliance with Department of Environmental Quality (DEQ) regulations. He noted that if the City were to do this independently the numbers given during the presentation would be conservative. He also stated that if the County decided to upgrade the FMC facility rather than decommission, the City would have to pay its portion due to the obligations in 18467 Regular Session 12/10/13 the agreement. Councilor Howe asked if we would want to regulate our own system. Mr. Fawcett explained that the long term plan is to consolidate everything at the Massaponax plant and that follows the model that the City and the County followed in the late 1990’s early 2000’s in consolidating water operations at the Motts Runs Treatment Plant. One of the major issues at running a wastewater treatment plant is personnel cost. Currently there are three staffs running the three plants and the volume could be treated at Massaponax with the same size staff that one of the plants currently has and that makes it desirable to consolidate. This is the reason staff has been pursuing the strategy of taking the steps to consolidate everything at the Massaponax plant. If the City were to pursue regulating its own facility there would be the cost of the initial capital costs, as well as the cost to operate the City’s plant over a 30 to 40 year period compared to being a participant of the Spotsylvania plant and paying only a portion of those costs. Vice-Mayor Ellis asked Mr. Fawcett what his thoughts were on shutting down the City’s plant about the same time as FMC and shifting all the money being used at that plant and invest it at the Massaponax plant. Mr. Fawcett said it could be done, but before it could be shut down the City would have to build a new influent pump station at the City’s facility. The cost estimate from 2011 to build an influent pump station was $11 million and this investment would need to be done now. Transmitting an Update on the Replacement of the Fall Hill Bridge over the Rappahannock Canal (D13-503 thru D13-504). Public Works Director Fawcett presented a PowerPoint presentation and in this presentation he discussed the schedule. The schedule is as follows: by December 31 gravel parking lot 18468 Regular Session 12/10/13 next to Gordon W. Shelton pedestrian bridge as well as the pedestrian bridge will be closed. The Heritage Trail will be rerouted through Normandy Village to Canal Path. The week of January 6-10 issuance of the Thirty day notice of Fall Hill Avenue closure will be sent to residents and businesses in the corridor and general public. Week of January 27-31 message boards will be in place near the project area. Week of February 2- 6 detour signs will be installed and covered until February 12 and the bridge will be closed to vehicular and pedestrian traffic. The completion date is November 10, 2014. Mr. Fawcett explained that there was a cost of $1,000 per day for liquidated damages for failure to meet the substantial completion date and there was also a $1,000 per calendar day incentive for early completion with a maximum of cap of sixty days. City Manager’s Report and Council Calendar (D13-505 thru D13- 506). 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: Fredericksburg Regional Transit Maintenance and Training Facility, EDT/EDA HUBZone Career Fair, Fredericksburg Farmer’s Market, First Night 2014, Urban Trail Ride, Safety Coordinator Recognized and Police Academy Graduation. City Manager Cameron encouraged everyone to attend the first night celebration. He said it was being sponsored by Pohanka. Mr. Cameron also informed Council that the City had been contacted by Virginia Department of Transportation and said that the City needed to look at how they would like to use future Urban Allocation in 2019. Staff will provide additional information at a later date. Closed Session (D13-507). The closed session was withdrawn. 18469 Regular Session 12/10/13 Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 10:44 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18470