City Council

Regular Session 07/08/14 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street HON. CHARLIE L. FRYE, JR., WARD FOUR Fredericksburg, Virginia 22401 July 8, 2014 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, July 8, 2014, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, Vice-Mayor William C. Withers, Jr. and Council members Kerry P. Devine, Dr. Timothy P. Duffy, Bradford C. Ellis, Charlie L. Frye, Jr. and Matthew J. Kelly. Also Present. City Manager Beverly Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Budget Manager Amanda Lickey, Public Works Director Doug Fawcett, Economic Development Director Karen Hedelt, Planning Director Charles Johnston, and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Bradford C. Ellis followed by the Pledge of Allegiance led by Ben Tibbler from Troop 170. Officer Recognized. Mayor Greenlaw recognized the presence of Officer John Fesq at this evening’s meeting. Fredericksburg Main Street Update (D14-273 thru D14-274). Ann Glave, Executive Director of Main Street and Scarlett Pons, President of the Fredericksburg Main Street gave a PowerPoint presentation. In the presentation they 18693 Regular Session 07/08/14 discussed the Main Street District, location of the Main Street office, presented their Facebook page, they discussed funding and donations, volunteer hours, their four point market approach, their first design project, promotion projects, their first organization project, the Economic Restructuring Project, the conference they attended in Detroit, Michigan, their vision picture and the next steps and goals. Citizen Comment. The following speakers came forward to participate in the citizen comment portion of this evening's meeting. Rev. Michael Hirsch, commended Council for the adoption of the new prayer policy. He said the religious rights needed to be preserved. He also offered a word of prayer. Donald Blake (D14-275 thru D14-276), Virginia Christian Alliance, 8604 Staples Mill Road, Henrico, VA stated that the Alliance had a great interest in Fredericksburg. He said the Virginia Christian Alliance was a statewide organization based in Richmond and the City had members in the Alliance. He also commended Council for the adoption of the new prayer policy and he left Council with a Virginia Christian Belief brief to read. Lucy Lawliss, the new Superintendent of the National Park thanked the City for all their support and she said she would like to offer the City any assistance possible. She said she would like to keep the lines of communication open between the City and the National Park Service. Council Agenda Presented. The following items were presented to Council. 7A. Facebook Page – Councilor Kelly Facebook Page. Councilor Kelly informed the public that he had set up a public Facebook Page titled “Please State Your Name for the Record”. He said he would 18694 Regular Session 07/08/14 be posting on different topics such as preservation and trash. Councilor Kelly said it was a page for the community to communicate with him. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D14-277 thru D14-278). City Attorney Dooley requested that item 8A, second read of Ordinance 14-30, combining the functions of the Rappahannock Area Office on Youth into the Group Home Commission, and approving an agreement to reorganize and rename the Regional Group Home Commission to reflect the combined function (D14-277) not be voted on until King George and Caroline County had approved the agreement. Following review and as recommended, Councilor Kelly moved approval of the remaining City Manager's consent agenda item; motion was seconded by Councilor Ellis and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Transmittal of Boards and Commission Minutes o Recreation Commission – May 15, 2014 (D14-278). Adoption of Minutes (D14-279 thru D14-280). Councilor Ellis moved approval of the April 16 & 22, 2014 Work Sessions, April 16 and June 24, 2014 Public Hearings, June 24, 2014 Regular Session and July 1, 2014 Special Session minutes; motion was seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Appointment of School Board Member to Recreation Commission – Dr. John B. Gordon, III (D14-281). Councilor Kelly moved to appoint Dr. 18695 Regular Session 07/08/14 John B. Gordon, III as the Schools representative on the Recreation Commission; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Housing Advisory Commission Appointment – Hashmel Turner, Jr. (D14-282). Councilor Kelly moved to appoint Hashmel Turner, Jr. to the Housing Advisory Commission; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Appointments of City Council to Various Boards and Commissions (D14-283). The following appointments were made: Board of Social Services - Upon a motion by Councilor Kelly, Councilor Duffy was appointed to the Board of Social Services; the motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Central Rappahannock Regional Library Board of Trustees - Upon a motion by Councilor Ellis, Councilor Devine was appointed to the Central Rappahannock Regional Library Board of Trustees; the motion was seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Community Policy & Management Team for Youth & Family Services - Upon a motion by Councilor Devine, Mayor Greenlaw was appointed to the Community Policy & Management Team for Youth & Family Services; the motion was seconded by Councilor Ellis and passed by the following unanimously recorded votes. Ayes (7). Councilors 18696 Regular Session 07/08/14 Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Fredericksburg Area Museum & Cultural Center - Upon a motion by Councilor Devine, Councilor Ellis was appointed to the Fredericksburg Area Museum & Cultural Center Board of Directors; the motion was seconded by Vice-Mayor Withers and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Fredericksburg Arts Commission - Upon a motion by Ellis, Councilors Devine and Kelly were appointed to the Fredericksburg Arts Commission; the motion was seconded by Councilor Duffy and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Fredericksburg Chamber of Commerce Military Affairs Council - Upon a motion by Councilor Kelly, Councilor Ellis was appointed to the Fredericksburg Chamber of Commerce Military Affairs Council; the motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Fredericksburg Clean and Green Commission - Upon a motion by Councilor Kelly, Councilor Devine was appointed to the Fredericksburg Clean and Green Commission; the motion was seconded by Vice-Mayor Withers and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Fredericksburg Regional Alliance - Upon a motion by Councilor Devine, Mayor Greenlaw was appointed as Council representative and Councilor Duffy was appointed as the alternate; the motion was seconded by Councilor Withers and passed by the following 18697 Regular Session 07/08/14 unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). George Washington Regional Commission and Fredericksburg Area Metropolitan Planning Organization - Upon a motion by Councilor Devine, Councilor Kelly and Vice- Mayor Withers were appointed as representatives and Councilor Ellis as an alternate to the George Washington Regional Commission and Fredericksburg Area Metropolitan Planning Organization; the motion was seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Housing Advisory Committee - Upon a motion by Councilor Kelly, Councilors Ellis and Frye were appointed to the Housing Advisory Committee; the motion was seconded by Vice-Mayor Withers and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Potomac Rappahannock Transportation Commission - Upon a motion by Ellis, Councilor Kelly was appointed to the Potomac Rappahannock Transportation Commission; the motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Rappahannock Area Agency on Aging Board of Directors - Upon a motion by Councilor Devine, Vice-Mayor Withers was appointed to the Rappahannock Area Agency on Aging Board of Directors; the motion was seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). 18698 Regular Session 07/08/14 Rappahannock Juvenile Detention Commission - Upon a motion by Councilor Kelly, Assistant City Manager Whitley was appointed to serve as the representative and Mayor Greenlaw was appointed as the alternate to the Rappahannock Juvenile Detention Commission; 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). None. Rappahannock Regional Solid Waste Management Board - Upon a motion by Councilor Devine, Councilor Kelly and Vice-Mayor Withers were appointed as Council representatives to the Rappahannock Regional Solid Waste Management Board; the motion was seconded by Councilor Ellis and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Rappahannock River Basin Commission - Upon a motion by Councilor Kelly, Vice- Mayor Withers was appointed as Council representative to the Rappahannock River Basin Commission; the motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Recreation Commission - Upon a motion by Councilor Devine, Councilor Duffy was appointed to the Recreation Commission; the motion was seconded by Councilor Withers and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Regional Group Home Commission – Upon a motion by Vice-Mayor Withers, Councilor Duffy was appointed to the Regional Group Home Commission; the motion 18699 Regular Session 07/08/14 was seconded by Councilor Ellis and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Councilor Kelly rescinded Councilor Duffy’s nomination to allow former Councilor Beatrice Paolucci to stay on the Commission until the merge was completed between the Regional Group Home and the Rappahannock Area Office on Youth; motion was seconded by Councilor Devine and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Town and Gown Committee - Upon a motion by Councilor Ellis, Councilors Devine and Vice-Mayor Withers were appointed to the Town and Gown Committee; the motion was seconded by Councilor Duffy and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Virginia Railway Express Operations Board - Upon a motion by Councilor Devine, Councilor Kelly was appointed as Council representative to the Virginia Railway Express Operations Board; the motion was seconded by Councilor Duffy and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 14-55, Approved, Authorizing the City Manager to Execute the Fiscal Year 2015 Asphalt Rehabilitation Program Contract (D14-284). Upon a motion Councilor Kelly moved to approve authorizing the City Manager to execute the Fiscal Year 2015 Asphalt Rehabilitation Program Contract; motion was seconded by Councilor Ellis and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). 18700 Regular Session 07/08/14 Resolution 14-56, Approved, Issuing an Entertainment Permit for the Alan Jackson Concert on Saturday, August 23, 2014 at Celebrate Virginia South (D14-285). After a brief discussion Council decided to include a rain date clause so that the applicant would not have to return if there was a weather delay. Upon a motion and as recommended Councilor Devine moved to approve Resolution 14-56, issuing an entertainment permit for the Alan Jackson Concert on Saturday, August 23, 2014 or any alternate date at Celebrate Virginia South; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 14-57, Approved, Amending the Fiscal Year 2015 Budget to Appropriate Additional PEG Funds for Council Chamber Audio/Visual Equipment Replacements (D14-286). Upon a motion and as recommended Councilor Kelly moved to approve on first read, Resolution 14-57, amending the fiscal year 2015 budget to appropriate additional PEG Funds for Council Chamber audio/visual equipment replacements; motion was seconded by Councilor Ellis and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 14-58, First Read Approved, Amending the Fiscal Year 2015 Budget to Appropriate Funding Related to the Fiscal Year VDOT Revenue Sharing Program (D14-287 thru D14-288). Upon a motion and as recommended Councilor Kelly moved to approve on first read, Resolution 14-58, amending the fiscal year 2015 budget to appropriate funding related to the fiscal year 18701 Regular Session 07/08/14 VDOT Revenue Sharing Program; motion was seconded by Councilor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Financial Update for Fiscal Year 2014 (D14-289). Budget Manager Lickey reported that overall the City’s ongoing revenues were expected to increase slightly over collections in fiscal year 2013. It was estimated that there will be $80,000,000 in collections or 0.25% growth. The sales tax, lodging tax and building permits were three major revenues that were going to post collections less than the prior year actual and the meals, personal property and real property taxes would collect more. Ms. Lickey also reported that the City’s actual expenditures from July 1, 2013 to June 30, 2014 were within the budgetary targets. Staff anticipated that the fiscal year 2014 expenditures would be less than the fiscal year appropriation by about $1,000,000 in addition to filling the required attrition and refuse reform savings totaling $471,500. City Manager’s Report and Council Calendar (D14-290 thru D14- 291). 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: Council Oath of Office Ceremony, FDSS Passes SNAP Management and Evaluation Review with Flying Colors, Police Captain to Attend FBI National Academy and Building Construction Report for May 2014. City Manager Cameron stated that there would need to be a couple of work session scheduled on the Riverfront Park Concept plan which was nearing completion and Liberty Place at William Street. He also noted a couple of key dates that Council would need to know about VML Conference in Roanoke October 5-7, City Council Retreat possible 18702 Regular Session 07/08/14 dates October 16-18 or October 24-25. Mayor Greenlaw congratulated Robert and Harvey Gold for another successful Heritage Festival. She wanted to publically thank Ms. Gold because she volunteers her time each year. Closed Meeting Approved (D14-292). Upon the motion of Councilor Devine, seconded by Councilor Kelly and passed by the following unanimously recorded votes, Council approved a closed meeting under the Virginia Freedom of Information Act, Code Section 2.2-3711(A)(40) to discuss or consider records excluded from public disclosure per Code of Virginia §2.2-3705.6(3), related to the proposed Liberty Place Mixed-Use Project at 500 William Street. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Kelly, seconded by Councilor Devine and passed by the following unanimously recorded votes, Council approved a return to an open meeting. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 14-59, Approved, Certifying Closed Meeting. Upon the motion Councilor Devine approved Resolution 14-59 certifying the closed meeting; seconded by Councilor Kelly and passed by the following unanimously recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:44 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor 18703 Regular Session 07/08/14 Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18704