City Council

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., TIMOTHY P. DUFFY, PH.D., WARD THREE Council Chambers, 715 Princess Anne Street HON., CHARLIE L. FRYE, JR., WARD FOUR Fredericksburg, Virginia 22401 Council Work Session May 12, 2015 Discussion on Fredericksburg Area Museum Funding Closed Session on Happy Endings Bar and Grill The Council of the City of Fredericksburg, Virginia met in work session on Tuesday, May 12 beginning at 5:30 p.m. in the conference room of City Hall. Council Present. Mayor Mary Katherine Greenlaw, Presiding. Vice-Mayor William C. Withers, Jr. Councilors Kerry P. Devine, Dr. Timothy P. Duffy, Bradford C. Ellis, Charlie L. Frye, Jr. and Matthew J. Kelly. Other Staff Present for Happy Endings Portion. Police Chief David Nye and Police Sergeant James Kuebler. City Staff Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, and Deputy Clerk of Council Brenda T. Martin. Fredericksburg Area Museum Funding. City Manager Cameron reviewed the three different funding options and the conditions of the award to the museum’s request for supplemental funding. The options are based on the discussions of the work session two weeks ago. (See attachments). Council discussed their concerns on the conditions of the endowment money and pledges of money versus money in the bank. The funding is needed to continue basic operations and which other pledges will be based upon. Negotiations with the banks are still continuing with the issues of the debt and the conditions of keeping the building. 1  Mr. Kelly asked the council to wait to make a decision till after the finalization of the agreement because there are still questions. He would like to wait to see how the community responds to this item, which is on the regular council meeting following the work session. Mayor Greenlaw asked the council to give Mr. Cameron an option and a general direction the council would like to go so that he can continue discussions with the museum. The consensus was to support option 3 with the third portion of funding coming in FY16 which would go through the regular budget process again. It was decided to defer the vote on the museum items to the next meeting, to continue discussions for two more weeks. Closed Session on Happy Endings Bar and Grill. Mr. Kelly stated he was not in support of going into closed session because there was not the basis for the discussions. He felt the public had the right to know the discussions about the rules and laws that will be discussed. Others discussed the need to go into the closed session. City Attorney Dooley explained she had a presentation prepared to discuss advice on a legal matter regarding a potential litigation. Council decided to go into the closed session under Virginia Code §2.2-3711 (A)(7) legal matters, specifically to discuss neighbor’s complaints about Happy Endings Bar and Grill with counsel where such matters require the provision of legal advice. Motion was made by Councilor Withers and seconded by Councilor Duffy. Votes were 4-3 with Councilors Kelly, Devine and Frye voting against. Councilor Kelly chose to leave the closed session which began at 6:24 p.m. The council returned to open session at 6:39 p.m. with Councilor Withers motioning to return to open session and certifying that the issues discussed were as stated in the original motion. Councilor Duffy seconded the motion. Votes were 6-1 with Councilor Kelly being absent. Councilor Kelly was asked to come back into the open meeting which he did. 2  Assistant City Manager Whitley thanked the police department and other members of staff for working on this matter. The recommendation is to continue to enforce the state and local laws and to continue to enforce zoning requirements to cease outdoor patio operations at 10 p.m. He recommended council not move forward with any action to support closing the bar. There is no legal basis based on the evidence provided to the city staff. He reviewed the detailed background information provided in the May 12, 2015 memo. (See attached). The staff recommends professional mediation between the restaurant and the neighboring residents. Assistant City Manager Whitley and City Attorney Dooley reviewed the zoning regulations for patio use after 10 p.m. Councilor Withers voiced his concern on new businesses opening in the C-T zoning districts and what can be done to avoid issues such as these in the future. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the work session officially adjourned at 6:56 p.m. ____Brenda T. Martin ____ Brenda T. Martin Deputy Clerk of Council City of Fredericksburg 3