City Council

Public Hearing 11/25/14 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 November 25, 2014 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, November 25, 2014, beginning at 7:31 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, City Attorney Kathleen Dooley, Director of Community Planning and Building Development Charles Johnston, Zoning Administrator Michael Craig, Development Administrator and Code Enforcement Officer Marne Sherman and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D14-472 thru D14-473). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 14-42, First Read, Granting a Fifteen-Year Non- Exclusive License to PEG Bandwidth, LLC to Install, Maintain, and Use Telecommunication Cable and Equipment in City Rights-of-Way (D14-472). – no speakers. Staff gave a brief overview of the application. Councilor 18789 Public Hearing 11/25/14 Devine moved approval of Ordinance 14-42, on first read, granting a fifteen-year non- exclusive license to PEG Bandwidth, LLC to install, maintain, and use telecommunication cable and equipment in city rights-of-way; 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). Suspension of the Rules. In order to place Ordinance 14-42 on for second read Councilor Devine motioned to suspend the rules; 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). Ordinance 14-42, Second Read, Granting a Fifteen-Year Non- Exclusive License to PEG Bandwidth, LLC to Install, Maintain, and Use Telecommunication Cable and Equipment in City Rights-of-Way (D14-472). – Staff gave a brief overview of the application. Councilor Devine moved approval of Ordinance 14-42, on second read, granting a fifteen-year non-exclusive license to PEG Bandwidth, LLC to install, maintain, and use telecommunication cable and equipment in city rights-of-way; 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). Expanding the Downtown Parking District to Encompass the Entire Commercial-Downtown (CD) Zoning District, Clarifying the Authority of the Zoning Administrator to Reduce Downtown Parking Requirements Using Alternative Parking Plans, and Increasing the 18790 Public Hearing 11/25/14 Downtown Parking Fund Fee to $6500 Per Space (D14-473). – 1 speaker. Staff gave a brief overview of the application. Councilor Withers said he understood the concept of the downtown parking zones, but he could not understand the purpose of expanding it into open space such as into the Cobblestone area. He stated that he wanted to have more discussion before voting on this because it was a major policy change and Council would be giving up the right to being involved with the decisions on the fees. He was not comfortable with making this change before figuring out how it would affect the City. Councilor Withers was not opposed to considering the site at the northeast corner of William and Winchester Streets for the proposed restaurant. He said he would like to have a work session on it and he would also like the Planning Commission to discuss this further. Councilor Kelly said this was project driven and it was a project that was previously approved where the applicant was supposed to provide parking and he wanted to know why they were requesting changes after the project was approved. Mr. Johnston said the project included a 10,000 square foot building fronting on William Street with a row of parking behind the building. The property owner entered into a business agreement to lease and build half of the building but it was the desire of the restaurant to have an expansive outdoor seating area and to push the restaurant away from William Street. This change eliminated the seven parking spaces which were on site, which Mr. Johnston noted was not nearly enough spaces, but they were using on street parking as well as some off-site lots and they were proposing to pay for a portion of it. Jervis Hairston, Silver Companies, said even if he wasn’t here for this project he would support this concept because it allows for the expansion of additional 18791 Public Hearing 11/25/14 redevelopment or adaptive reuse on sites. He agreed that in the open spaces there may be surface parking. He said in areas like Amelia Square you want to encourage tools like this to find ways to allow redevelopment or adaptive reuse without taking up spaces. He said this would add a tool to facilitate adaptive reuse. This is the type of tool that will allow businesses to expand and allow the enticement of a nice quality restaurant. Councilor Devine expressed the concern of doubling the size. She understood that the $6,500 did not come close to what it will cost for a parking structure. She said she wanted to encourage the expansion of businesses downtown, but she was concerned that this policy had been in place for five years and no one had taken advantage of it. She though it was important to take a look at the entire district that was being considered as well as looking at removing this entirely from Council and making it administrative. Councilor Devine did not want to take action. Councilor Kelly said he echoed the comments from Councilors Devine and Withers. He said this was a policy decision in regards to parking downtown and that should be initiated from Council. He felt that Council was not getting the time needed to make decisions like these and he would like to have work sessions to discuss these more thoroughly. Councilor Kelly was also concern with mixed use developments, he said the intent was for Council to have as much control as possible over how it’s done and how it was to be implemented because it was more intensive. This project went through this process and came back with a significant change. He expressed that anything done in the downtown was critically important and he did not want to make a quick decision for one project. Councilor Frye said he echoed the comments and saw no need to rush the 18792 Public Hearing 11/25/14 decision. Councilor Ellis said the government should be enablers and in this case he believes the City would be an enabler by expanding a policy that would help redevelopment and expansion in the downtown. He said he would be happy to take on the issues in a work session but he didn’t want this thrown back to staff. He also wanted to place a deadline on this. Vice-Mayor Withers again expressed his desire to link this to the site that needed it and tackle the rest at a later date. He said this doesn’t solve a parking problem but it would solve the development problem. He was concerned that this change would push parking into residential areas. He was also concerned with having one fee fitting all areas and he wanted to make sure there was a rational solution to the problem. Councilor Kelly asked was this the only option for making this work and Mr. Johnston said the applicant was using 2 or 3 different tools already and he did not think there were any other options for them other than buying some spaces. He said another option would be to make the expansion smaller. He said he was hesitant on giving a property owner the ability to buy all the parking spaces off for a particular development. Councilor Kelly said he agree that the City owed the applicant some consideration and he made a motion to defer action until the December 9 meeting to see what options staff could bring back closer to project specific and discuss the other issues later; motion was seconded by Vice-Mayor Withers. Mayor said this had been round and round and for this reason she was excited to see it on the agenda. She said it was discussed when she was on the Planning Commission and she said if the purchasing of the parking was not economical people 18793 Public Hearing 11/25/14 would not do it. Commercial-Development is the area that needs the most relaxed parking because it is so dense. She said the last thing the City wants to do is asphalt the open space. She was disappointed that Council was not more inclined to embrace this. Councilor Ellis said he did not feel this would solve the parking issues downtown because it was designed to eliminate a constraint. He said it’s already known that a parking garage was needed downtown. The motion to defer passed by the following recorded votes. Ayes (6). Councilors Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (1). Mayor Greenlaw. Adjournment. There being no speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:15 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18794 Regular Session 11/25/14 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 November 25, 2014 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, November 25, 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, City Attorney Kathleen Dooley, Director of Community Planning and Building Development Charles Johnston, Zoning Administrator Michael Craig, Development Administrator and Code Enforcement Officer Marne Sherman 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 Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Stu Butterfield at this evening’s meeting. Public Hearing Conducted (D14-472 thru D14-473). The regular session was recessed in order to conduct the scheduled public hearings and immediately 18795 Regular Session 11/25/14 reconvened upon their conclusion. Citizen Comment. The following speakers participated in the citizen comment portion of this evening's meeting. Danae Peckler, 1410 Prince Edward Street, a five year resident of the City and a professional preservationist. She spoke against the demolition of 609 Sophia Street. She said every building has a story to tell and she said this building should be given the chance to tell its story. She asked that the decision be delayed. Hashmel Turner, 1909 New Kent Street, President of the Fredericksburg Chapter of the National Association for the Advancement of Colored People (NAACP) and they asked that Council to leave the building standing at 609 Sophia Street. He also added that if the City does not have the funding to pay for the park right now why not leave the building standing. He also added that the City would be losing over 100 parking spaces in that block and that the City was in great need of parking. Michael Hirsch, 200 McConkey Street, member of the Fredericksburg NAACP and he spoke in opposition of demolishing 609 Sophia Street. He asked that the Council try to find a way to preserve 609 Sophia Street. He asked Council to give consideration to the suggestion made by Elliott Harwell of Rhodeside and Harwell who said the lodge could be preserved, but the design would need to be changed. He commended the ARB for denying the demolition of the building. He also asked Council to hold off on taking action until the December 9 meeting. Emily Schricker, 801 Marye Street, a representative of Historic Fredericksburg Foundation, Inc. (HFFI) spoke in opposition of demolishing 609 Sophia Street. She said the building could be preserved and be incorporated into the park. She felt the proposed 18796 Regular Session 11/25/14 park was a collage of pictures taken from other cities and by preserving this building, she said it would make the park uniquely Fredericksburg. She added that they have been opposed to the demolition of this building since the focus group round table in February 2014. She said they urged them to include it into the design. She also pointed out that the park was a goal of the Council but so was preservation. George Solley (D14-474), 502 Fauquier Street, Chairman of the Riverfront Task Force noted a few key points from the perspective of the Task Force: there was no evidence when the planning began for the park that the structure could be considered historically significant and the question of its retention was left open; the design team was tasked with developing the best possible concept design and purposely were not given direction on whether to incorporate the structure or not; the design team initially attempted to incorporate the structure, but it would not work without sacrificing key aspects of the park; there was very little interest in retaining the structure during the various public meetings, surveys and other opportunities to comment; information obtained during the process indicated any attempt to adapt the structure into the park would be problematic. Barbara Anderson, 1811 Washington Avenue, also a member of HFFI, spoke in opposition of the demolition of 609 Sophia Street. She said the building needed to be preserved for practical reasons such as restrooms and electricity and for those reasons she felt it needed to be preserved. Council Agenda Presented. There were no items presented to Council. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D14-475 thru D14-483). Councilor Kelly pulled item 8D for further discussion. 18797 Regular Session 11/25/14 Councilors Devine and Duffy disclosed that they were members of a business, profession, occupation or group of three or more members affected by the transaction (Resolution 14-91), namely, they are employees of the Fredericksburg Public School System and they were able to participate in the transaction fairly, objectively and in the public interest. Following review and as recommended, Councilor Kelly moved approval of the remaining City Manager's consent agenda item; 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). • Transmittal of the FRED Progress Report – October 2014 (D14-475). • Resolution 14-89, Second Read, Amending the Fiscal Year 2015 Budget by Approving Additional Funding for the Traffic Operations Center (D14-476). • Resolution 14-91, First Read, Amending the Fiscal Year 2015 Budget by Appropriating $162,723 in Federal Education Funding for the Fredericksburg City Public Schools (D14-477 thru D14-477.2). • Transmittal of Boards and Commission Minutes o Board of Social Services – October 9, 2014 (D14-479). o Economic Development Authority – October 20, 2014 (D14-480). o Fredericksburg Arts Commission – August 20, 2014 (D14-481). o Fredericksburg Arts Commission – September 17, 2014 (D14-482). o Potomac and Rappahannock Transportation Commission – October 2, 2014 (D14-483). 18798 Regular Session 11/25/14 Transmittal of a Report on Planning Commission Action on Council Request to Review Special Exception Regulation in the Unified Development Ordinance (D14-478). Councilor Kelly said he still did not agree with the decision on special exceptions and that he would be bringing something to Council suggesting the elimination of special exceptions. Adoption of Minutes (D14-484). Councilor Kelly moved approval of the September 23, 2014 Work Session minutes and the November 11, 2014 Public Hearing and Regular Session minutes with the change; 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). Resolution 14-92, Reversing the Architectural Review Board Decision to Deny a Certificate of Appropriateness for Demolition of 609 Sophia Street (D14-485). Deputy Planning Director Nelson said the Architectural Review Board (ARB) originally heard the case in June 2013 and deferred action waiting for plans to be developed and for and evaluation to be done on the building. After this information was made available the ARB heard the case in May, August and September of 2014 and the proposal was ultimately denied on a 4-3 vote. The property at 609 Sophia Street is a 1921 framed building built on a mound of dirt. The mound of dirt was fill related to the construction of the building. The building was cladded and bricked in the 1970’s by the African American Fraternal Organization. Demolition was considered under the following seven factors: architectural significance, historical significance; consideration of whether the building significant as part of a group, 18799 Regular Session 11/25/14 significance of the building so important that it should preclude the implementation of another plan or another project contained in the Comprehensive Plan. These four items relate to the significance of the building. Significance becomes a judgment call, and staff’s analysis was that the building is significantly interesting, it’s associated with interesting people, and there are interesting features related to it, but ultimately they don’t reach the level of significance that would preclude the removal of the building. The factors beyond significance relate to the condition of the building, the effect on the surrounding properties and the hardship of maintaining the building. The property was acquired to develop the park and the condition of the building was reasonable. There was a suggestion that the building could be preserved and could be moved, removal of the building could be a feasible option. The hardships would be the steps needed to be taken if the building was within the floodway or floodplain. The ARB also discussed the African American heritage and noted that during the Sesquicentennial Celebration there was considerable discussion of the crossing, self- emancipation of thousands of enslaved persons and the park had been discussed as the permanent locations for the Emancipation Proclamation statue which had been developed and the middle passage would be recognized with a panel display. There will be recognition of the history. Director of Parks, Recreation and Public Facilities Antozzi said he discussed the relationship of the lodge, with Rhodeside and Harwell and there were four things that were pertinent for the final design to be the way it was, the first was concerning of the lodge’s appearance and the visual relations to the surroundings, it is weak and there are no strong context for the building in the location. The second was that the design team produced 18800 Regular Session 11/25/14 two preliminary plans one with the lodge and one without and this information was sent to the Riverfront Task Force for deliberations and there was overwhelming support to exclude the lodge. Third, in consideration of keeping the lodge it was difficult to incorporate the lodge in the park and there were several limitations with the building regarding Americans with Disabilities Act (ADA), and this complicated the reuse of the building. Finally, the design process was a participatory process and there were forums with feedback and in conclusion the final design was created based on the community’s input priorities. The primary components expressed by the community were what drove the final design and the lodge was very low in priority up until the ARB meeting. Councilor Kelly asked had a structural study been done on the building and Mr. Antozzi said was not aware of one being done and Mr. Nelson said the plan was to do a proper documentary of the building before it was demolished. He said the ARB and the City made no claim of hardship and the condition of the building was not presented as a condition that would require removal so an engineer was not needed to determine whether the building should be demolished. Councilor Kelly asked how the 1859 foundation that was discovered in the trench was going to be preserved or taken care of and Mr. Nelson said it was his understanding that every intent would be made to recognize the foundation within the design of the park and the mound sits above those archeological resources and they extend across the entire site. Councilor Kelly also asked how it was determined that the building was too small for public use and Mr. Nelson said it is a very small building and it did not have sufficient room for restrooms to use for public use. Vice-Mayor Withers asked whether preserving the mound, the foundation and the 18801 Regular Session 11/25/14 steps had been considered and Mr. Nelson said it was considered during the various meetings and the intent was to consider that in the next design phase. The conceptual did not include the mound. Councilor Frye asked what the status of this building would be in 2021, being that it would be 100 years old and whether that would cause it to have historical significance and Mr. Nelson stated that there is a federal requirement that any building 50 years old could be considered significant and this building could be considered, but there were many building that are 50 years or older but are not considered historically significant. Councilor Frye said he was concerned for the entire historic district not just one building and he looked forward to more discussions on the entire district. Councilor Ellis said he appreciated the work of the Task Force with trying to integrate the building and he asked if the building was relocated to the left of the park and allowed it to tell its own story would there be a problem with that. Mr. Nelson explained that it could diminish its historic value, but if the alternative is to lose the building entirely it would be a viable consideration. He said this could present an interesting case because the original building had a front porch and if it was moved would it be moved as a lodge or try to bring it back as a framed house and put the front porch back on it. Mr. Nelson said it could be a lengthy process, but as an alternative it was preferable to move the building somewhere else. ARB Chair Keri Barille presented a PowerPoint presentation and in the presentation she covered the background, comments made by the ARB members in support of the demolition, comments of those opposed to the demolition, photos of the construction from 1921 and the flood of 1937, photos of the antebellum dwelling 18802 Regular Session 11/25/14 foundation, the use as a Fredericksburg Day care, the use as Prince Hall Lodge, she discussed the buildings integrity of location, setting, feeling and workmanship, the effect removal would have on surrounding buildings, and the general process of the appeal. She asked that if the building could not be preserved to preserve the mound that the building sat on and she said the ARB was unanimous on saving the mound to use as a tangible reminder. Councilor Kelly said he received a lot of flak on this project when he asked the ARB to make judgment before the process of the park had begun. He said at the time the ARB wanted to see the project first before making a decision, but he felt the presentation given was not put in the context of judging the project and he asked why the decision couldn’t be made over a year ago. Ms. Barile said the additional data came back in July and was added to the old agenda items and they asked when it was coming back and it was not added before August of 2014. Councilor Kelly noted that this was a project that had been discussed for many years and over $4.5 million had been spent going through this process. He said as a member of the Task Force he would not over rule the ARB if they denied the demolition. He made mention of the timeline and that if the City did not make a decision by the December deadline then the applicant could file a lawsuit, but he said the City would not file a lawsuit against itself so he didn’t think the City needed to worry about that deadline and he felt the decision did not have to be made right away. He said the plans are only conceptual plans and decisions can’t be made based on conceptual plans. In the grand scheme there are many other major project that need to be addressed before this park can be addressed. Councilor Kelly also addressed parking issued and said the parking needed 18803 Regular Session 11/25/14 to be replace or done concurrent with the park and based on the concept this will bring the price up to $16-18 million. He said a lot more discussions were needed and there was no rush to pushing this through. Councilor Kelly made a motion to defer the vote until a work session was held to allow Council to make an informed decision; motion was seconded by Vice-Mayor Withers. Mayor asked if there was a time concern on making a decision on the appeal and City Attorney Dooley said it was a City project so Council was in control of the timeline, but from a procedural standpoint Council had the authority to decide. Councilor Ellis noted that he was for tearing the building down, but after discussions and learning more of the history he suggest the building be moved to another location to have the history told but retain the mound as part of the park. He was not in favor of deferring the vote. Councilor Devine stated that she had been a member of the Riverfront Task Force since 2007 and the goal was to establish a park. Since 2007 they have had open meetings and she said the Council needed to listen to the public. In 2011, the Economic Development Authority purchased the property for the purposes of building a park and there were no discussions on saving the building. She added that the Task Force had a number of talented members on it that attended the meetings and were very active and go above and beyond. There were a series of forums, surveys and majority of the feedback supported the removal of the lodge. She said the park concept was real and it’s used on a regular basis and the goal was to have it used on a daily basis. She said the Task Force had gone through the proper processes and the plan had not changed. She would not 18804 Regular Session 11/25/14 support postponing the vote. Councilor Duffy said he was in favor of proceeding forward with the park concept and he appreciated the time and work staff had put into the project. He said there was limited use of the building in the floodway and he was not against removing it and he supported preserving the mound. Councilor Frye added that there were rules in the Historic District and Council was reviewing an ARB decision that was made on 609 Sophia Street and he did not feel that the discussion should pertain to the park. He said this property was being reviewed because it was in the Historic District and he did not understand how it could be torn down since it was located within the Historic District. City Attorney Dooley explained that there were two resolutions before Council one was to uphold the decision of the ARB and deny the Certificate of Appropriateness and the other was to overrule the ARB, but it was not drafted as an unconditional reversal. There were conditions in the resolutions and one of the conditions would allow the City Manager to offer the building at 609 Sophia Street for sale to the public at nominal cost for a period of three months for removal from the site. Vice-Mayor Withers stated that he could vote to support deferring to see if there were other ideas. Mayor Greenlaw said she could support deferring, but she did not want it deferred indefinitely and she would like to proceed with the design of the park. She noted that there had been a long but public process for the park and she said the 4-3 vote from the ARB notes that there were many considerations to be made. The history of the location is very significant and the planning of the park intends to recognized, preserve and respect 18805 Regular Session 11/25/14 that history. She said it was important to respect and to relive the history. Councilor Ellis said he could not support the motion to defer. He said this is a decision on the building and he didn’t feel there was any more to learn on this issue. He said the issue had been open to the public at many forums and he wanted to know the purpose for deferring and Vice-Mayor Withers said he wanted to know if the mound could be saved. Mr. Nelson noted that the mound would be considered in the subsequent design process of the park. Councilor Kelly said the price of the park was a game changer and the public needs to know what was being sacrificed to get the price down. He said the public needed to know what the Council would be proceeding on. He said a historic building would be torn down to move forward with a concept. Councilor Frye added that before a vote could be taken on whether to keep the mound a decision needed to be made on whether to tear the building down or not. Councilor Ellis said he had an appreciation for the building whether a park was built or not he said he believed the building could be preserved. He also stated that if the park was going to be built the building could be moved. Councilor Kelly said if the building was torn down he wanted to be able to tell the public that the City looked at everything before tearing it down. He said it was a historic building and it should not be torn down. He wanted to know what the confines of the park were before making any decisions. The motion to defer failed by the following recorded votes. Ayes (2). Councilors Withers and Kelly. Nays (5). Councilors Greenlaw, Devine, Duffy, Ellis and Frye. Councilor Ellis made a motion to Affirm the Architectural Review Board decision 18806 Regular Session 11/25/14 to Deny a Certificate of Appropriateness for Demolition of 609 Sophia Street; motion was seconded by Councilor Kelly and failed by the following recorded votes. Ayes (3). Councilors Ellis, Frye and Kelly. Nays (4). Councilors Greenlaw, Withers, Devine and Duffy. Councilor Devine made a motion reversing the Architectural Review Board decision to deny a Certificate of Appropriateness for demolition of 609 Sophia Street; motion was seconded by Councilor Withers and passed by the following recorded votes. Ayes (4). Councilors Greenlaw, Withers, Devine and Duffy. Nays (3). Councilors Ellis, Frye and Kelly. Resolution 14-93, Authorizing the City Manager to Execute an Agreement for Animal Control Services with Spotsylvania County and the Spotsylvania County Sheriff (D14-486 thru 487). After some discussion Chief Nye agreed to provide Council with a two year review of the program. Councilor Devine moved to approve Resolution 14-93, authorizing the City manager to execute an agreement for animal control services with Spotsylvania County and the Spotsylvania County Sheriff; 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). Resolution 14-94, First Read, Amending the Fiscal Year 2015 Budget by Appropriating Fiscal Year 2014 Encumbrances, Enterprise and Capital Carryovers (D14-488). Councilor Kelly moved to approve Resolution 14-94, on first read, amending the fiscal year 2015 budget by appropriating fiscal year 18807 Regular Session 11/25/14 2014 encumbrances, enterprise and capital carryovers; 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). Resolution 14-95, Amending the Fiscal Year 2015 General Fund and City Grants Fund Budget Based on the Award of the Rescue Squad Assistance Grant (D14-489). Councilor Kelly moved to approve Resolution 14-95, amending the fiscal year 2015 General Fund and City Grants Fund budget based on the award of the Rescue Squad Assistance Grant; 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). Resolution 14-96, Amending the Fiscal Year 2015 Budget by Appropriating $48,400 in General and Public Facilities Capital Funds to Purchase a Virtualized Server for the Police Department (D14-490). Councilor Devine moved to approve Resolution 14-96, amending the fiscal year 2015 budget by appropriating $48,400 in General and Public Facilities Capital Funds to purchase a virtualized server for the Police Department; 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). Resolution 14-97, First Read, Amending the Fiscal Year 2015 Budget by Approving Funding to Begin the General Property Assessment (D14-491). Vice-Mayor Withers moved to approve Resolution 14-97, on first read, amending the fiscal year 2015 budget by approving funding to begin the 18808 Regular Session 11/25/14 General Property Assessment; 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). City Manager’s Report and Council Calendar (D14-492 thru D14- 493). 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: Project Manager Promotes Safe Sleep Practices, Third Quarter Retail Report Shows Vacancy Rates Dropping, Detective Completes Forensic Science Training, and The Route 66 Challenge. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 10:36 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 18809 Regular Session 11/25/14 [This page intentionally left blank.] 18810