City Council

Public Hearing 04/08/14 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 April 8, 2014 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, April 8, 2014, beginning at 7:48 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw presiding. Councilors Kerry P. Devine, Frederic N. Howe, III and Matthew J. Kelly. City Council Absent. Vice-Mayor Bradford C. Ellis – out of town. Councilors Beatrice R. Paolucci – sick and George C. Solley – out of town. Also Present. City Manager Beverly Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Director of Parks, Recreation and Public Facilities Robert Antozzi, Division Manager for Finance & Leisure Services Wendy Stone, Farmer’s Market Managers Gail Price and Michael Monelli, Economic Development Director Karen Hedelt, Assistant City Attorney Robert Eckstrom, Police Chief David Nye, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D14-140 thru D14-142). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 14-16, First Read Approved, Renewing the Non- Exclusive Franchise to Tangier and Chesapeake Cruises, Inc., to 18581 Public Hearing 04/08/14 Provide Riverboat Cruise & Tour Service in the City (D14-140). – no speakers. Upon a motion and as recommended Councilor Devine moved to approve Ordinance 14-16 on first read, renewing the non-exclusive franchise to Tangier and Chesapeake Cruises, Inc., to provide Riverboat Cruise and Tour Service in the City; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (4). Councilors Greenlaw, Devine, Howe and Kelly. Nays (0). Granting Stafford County a Sanitary Sewer Easement on a Portion of Stafford County Tax Map Parcel 54-61, “Cool Springs Landfill” (D14-141). – no speakers. Upon a motion Councilor Kelly moved to defer action until the April 22 meeting to allow him an opportunity to talk to the Stafford representatives; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (4). Councilors Greenlaw, Devine, Howe and Kelly. Nays (0). Resolution 14-26, Denying the Application of Employment Resources, Inc. for Real Estate Tax Exemption on 1020 Lafayette Boulevard (GPIN 7779-91-3157) (D14-142). – no speakers. Assistant City Manager Mr. Whitley explained that the property at 1020 Lafayette was a vacant property and was not eligible for tax exempt. The code requires property that Council wishes to designate as exempt from real estate taxation owned by a non-profit be used for “religious, charitable, patriotic, historical, benevolent, cultural or for public park or playground purposes.” This land has been cleared by ERI, but is currently vacant land and is not being used for any of the stated purposes. 18582 Public Hearing 04/08/14 Councilor Kelly moved to approve Resolution 14-26, denying the application of Employment Resources, Inc. for real estate tax exemption on 1020 Lafayette Boulevard (GPIN 7779-91-3157); motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (4). Councilors Greenlaw, Devine, Howe and Kelly. Nays (0). Denying the Application of Employment Resources, Inc. for Real Estate Tax Exemption on 404 Willis Street (GPIN 7779-91-5421) (D14- 142). – no speakers. Mr. Whitley stated that the property at 404 Willis Street serves as the Gladys H. Oberle School. The school serves students who have disabilities and are enrolled in a “Local Educational Agency.” The local school systems enroll students in the school through Comprehensive Services Act funds on a tuition basis. He reviewed several conditions under the City Code that should be considered by Council, but he specifically addressed other criteria that he wanted Council to consider the amount of relief requested from the City and the regional equity. The tax relief is approximately $10,000 and he felt that it would add to the City’s substantial amount of land that is exempt from real estate taxation. He stated that the $10,000 reduction would cause concern for ensuring that the City has adequate resources to fund City services. Mr. Whitley suggested that the tax exemption be considered similar to grants-in-aid from the City. ERI serves students from throughout the region and he said the relief should be a shared burden throughout the region. Councilor Devine addressed other regional entities that the City had exempted before such as the Thurman Brisben Center, and Micah and she asked how Council could use the regional equity as a reason for denial. She said the precedent had already been 18583 Public Hearing 04/08/14 set. Mr. Whitley stated that Council had discretion as to whether they wanted to consider the application or not. Councilor Howe stated that he did not want to continue to open the door to more tax exemptions for various groups or organizations. He asked would this application potentially open the door for other regional applications. Mr. Whitley stated that they do tend to set precedence, but each application stands on its own merits and they must meet all the criteria and Council can make the decision based on that. Councilor Kelly noted that there were several organizations that are tax exempt but they get federal and state funding. He asked was there something specific in the ordinance that precludes this program from receiving tax exemptions because they receive funding from CSA. Mr. Whitley said it wasn’t because they were receiving funds from CSA. Mr. Kelly added that the City and its regional partners needed to look at what the City was being asked to bear when it comes to the regional programs and possibly splitting the costs between all the parties involved. Councilor Kelly moved to defer the motion on denying the 404 Willis Street application until the next meeting; motion was seconded by Councilor Devine. Mayor Greenlaw reminded Council that they had deferred action on a previous agenda item on how to handle tax exemptions in the future until the first meeting in May. She also explained that the City would give the agencies the opportunity to come to the City on an annual basis to receive compensation instead of the tax relief or that costs could be split between the City and the other localities. She felt splitting the cost was a better solution. Councilor Howe said there were numerous agencies that come to the City for 18584 Public Hearing 04/08/14 relief and he feels they should come to the City on an annual basis for funding and it should be divided up among the localities. Councilor Kelly amended his motion to postpone action until the first meeting in May. The motion to postpone action until the first meeting in May passed by the following unanimously recorded votes. Ayes (4). Councilors Greenlaw, Devine, Howe and Kelly. Nays (0). Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:07 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18585 Public Hearing 04/08/14 [This page intentionally left blank.] 18586 Regular Session 04/08/14 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 April 8, 2014 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, April 8, 2014, 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. City Council Absent. Vice-Mayor Bradford C. Ellis – out of town. Councilors Beatrice R. Paolucci – sick and George C. Solley – out of town. Also Present. City Manager Beverly Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Director of Parks, Recreation and Public Facilities Robert Antozzi, Division Manager for Finance & Leisure Services Wendy Stone, Farmer’s Market Managers Gail Price and Michael Monelli, Economic Development Director Karen Hedelt, Assistant City Attorney Robert Eckstrom, Police Chief David Nye, 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 Sergeant 18587 Regular Session 04/08/14 Paul Peterson at this evening’s meeting. Farmer’s Market Presentation D14-139). Parks, Recreation and Public Facilities Director Robert Antozzi gave a PowerPoint presentation on the Farmer’s Market. He discussed the history of the market, the vendors, community partners, regional partners, the financial progress of the market and progress since the formation. The market has grown and now includes a Market in the Mayfield Community on Thursdays and the market on Hurkamp Park site has grown so much that they have decided to close Prince Edward Street on Saturday mornings. Mr. Antozzi encouraged everyone to take part in the $10 challenge. See D14-__ for more information. Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. Charlie Frye, 215 Harris Street, spoke in regards to a letter he sent to the Electoral Board asking for an additional poll location due to the closure of Fall Hill Avenue. He attended the electoral board meeting earlier in the day and presented a petition in favor of an additional polling place, but the Electoral Board decided against it. He also noted that the Electoral Board was scheduled to meet again on April 11. Public Hearing Conducted (D14-140 thru D14-142). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. Council Agenda Presented. The following items were presented to Council. 7A. Proposed Consolidation of Chaplin Group Home and Rappahannock Area Office on Youth – Councilor Paolucci 18588 Regular Session 04/08/14 7B. Council Chamber Audio & Visual Improvements and Cable Commission – Councilor Howe. 7C. City Polling Places – Councilor Kelly. Proposed Consolidation of Chaplin Group Home and Rappahannock Area Office on Youth (D14-143). After a brief staff overview Councilor Devine moved to accept consideration of the consolidation of Chaplin Group Home and Rappahannock Area Office on Youth; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (4). Councilors Greenlaw, Devine, Howe and Kelly. Nays (0). Council Chamber Audio & Visual Improvements and Cable Commission. Councilor Howe noted that the Cable Commission was getting back on track and was fully staffed. They are currently working on the outstanding Comcast franchise and they will try to get it completed before he comes off of Council. He said they are also trying to get the equipment in the Chambers upgraded. The Commission is working on getting an RFP out for the upgrades and they plan to use the Peg Grant funds to fund the upgrades. The Assistant City Manager has agreed to work with the Commission to get this done. Councilor Howe said he would also like to get live web streaming as well. City Polling Places. Councilor Kelly noted that a request had been put before the Electoral Board to have the polling place for Ward 4 moved due to the closure of Fall Hill Avenue. He asked City Attorney Dooley to explain what transpired. Ms. Dooley stated that the Electoral Board sent out a correspondence stating that the Board had unanimously decided not to have an alternative polling place for the May election, 18589 Regular Session 04/08/14 however they will be meeting on Friday April 11 to consider the location of all polling places in general, but specifically Ward 4. For each precinct in the City there must be one polling place and the polling places are established by the City Council by adoption of an ordinance. Council would have the authority to change the polling place and they have done this from time to time however, Council cannot change the polling place within 60 days of an election. The Electoral Board has authority to select an alternative polling place in case of an emergency, and the authority is within the 60 days that Council is unable to act. The statutory authority during that time is very strict and an emergency is, a rare and unforeseen combination of circumstances or the resulting state that calls for immediate action and not only must the Electoral Board determine that there is an emergency they also must determine that the emergency makes a polling place unusable or inaccessible. Councilor Kelly said the Secretary of the Electoral Board said they were meeting on Friday to discuss all the polling sites to see if they could be moved around. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D14-144 thru D14-146). Following review and as recommended, Councilor Devine moved approval of the City Manager's consent agenda items; motion was seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (4). Councilors Greenlaw, Devine, Howe and Kelly. Nays (0). • Transmittal of FRED Transit Progress Report – March 2014 (D14- 144). • Transmittal of Boards and Commission Minutes 18590 Regular Session 04/08/14 o Public Transit Advisory Board – February 5, 2014 (D14-145). o Recreation Commission – February 20, 2014 (D14-146). Adoption of Minutes (D14-447 thru D14-448). Councilor Howe moved approval of the January 28 and March 25, 2014 Work Sessions and the March 25, 2014 Regular Session minutes; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (4). Councilors Greenlaw, Devine, Howe and Kelly. Nays (0). Resolution 14-27, Approved, Appointing Members to the City Towing and Recovery Board (D14-149). Upon a motion and as recommended Councilor Devine moved to approve Resolution 14-27, appointing members to the City Towing and Recovery Board; motion was seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (4). Councilors Greenlaw, Devine, Howe and Kelly. Nays (0). Appointment to the Wetlands Board – Roberta Price (D14-150). Upon a motion Councilor Devine moved to appoint Roberta Price to the Wetlands Board; motion was seconded by Councilor Howe and passed by the following unanimously recorded votes. Ayes (4). Councilors Greenlaw, Devine, Howe and Kelly. Nays (0). Reappointment to the Economic Development Authority (D14- 151). Councilor Kelly stated that he did not want to make appointments for the Authority until all applicants, including the members who’s terms were expiring, had been interviewed. Councilor Devine moved to defer a vote until the applicants have been 18591 Regular Session 04/08/14 interviewed; motion was seconded by Councilor Kelly. Councilor Howe suggested holding a special meeting to do the interviews. Councilor Devine noted that the appointments expire on April 30. City Attorney Dooley noted that the Code allows an expired member to stay on the board until an appointment has been made. Clerk asked for point of clarification on the interviews because in the past only persons that were interviewed were the new applicants. Councilor Devine amended the original motion asking that interviews be completed by May 27 for new applicants only. The motion passed by the following unanimously recorded votes. Ayes (4). Councilors Greenlaw, Devine, Howe and Kelly. Nays (0). Resolution 14-28, Approved, Setting the Personal Property Tax Relief Percentage for the 2014 Billing in Accordance with the Changes to the Personal Property Tax Relief Act of 1998 (D14-152). Upon a motion and as recommended Councilor Kelly moved to approve Resolution 14-28, setting the personal property tax relief percentage for the 2014 billing in accordance with the changes to the Personal Property Tax Relief Act of 1998; motion was seconded by Devine and passed by the following unanimously recorded votes. Ayes (4). Councilors Greenlaw, Devine, Howe and Kelly. Nays (0). Authorizing a Performance Agreement with QRC, Inc. for Economic Incentives in the Central Park-Silver Street Technology Zone (D14-153). City Manager Cameron recommended not taking action on this item until 18592 Regular Session 04/08/14 the April 22 meeting. City Manager’s Report and Council Calendar (D14-154 thru D14- 155). 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: Special Events Street Closures/Impacts Calendar, HUBZone Business Employment Platform, Historicon to Return to Fredericksburg for 2016 and 2017, Help Us Keep Your Events Local with an Upcoming Seminar, New Assistant Director of Public Transit Selected, Department of Social Services Recognizes Child Abuse Prevention Month, Summer 2014 Safety Awareness and Spring Cleanup Week Begins April 7. Mayor Greenlaw noted that the Economic Development staff booked $14,000,000 in meetings and gatherings in 2013. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:47 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18593 Regular Session 04/08/14 [This page intentionally left blank.] 18594