City Council

Regular Session 03/22/16 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 March 22, 2016 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, March 22, 2016, 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 (7:38). Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark W. Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Budget Manager Deidre Jett, Purchasing Agent Lynn Enders, 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 Bradford C. Ellis followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Patrick Schwartz at this evening’s meeting. Citizen Comment. There were no speakers to participate in the citizen comment portion of this evening’s meeting. 19285 Regular Session 03/22/16 Council Agenda Presented. The following items were presented to Council. 7A. Murder Free Fredericksburg – Councilor Frye 7B. Hazel Hill – Councilor Frye Murder Free Fredericksburg – Councilor Frye reported that the City of Fredericksburg remains murder free for the first quarter of the year. He plans to inform the public of resources that can help them at a future meeting. Hazel Hill – Councilor Frye reported on the issues that occurred at the Hazel Hill Apartments where the residents went without heat or hot water for seven days before the City knew about it. He wanted the residents to know that they need to contact the City if they do not know where to go. He thanked the staff for getting a team together quickly to address the problems that were occurring. He also thanked Mayor Greenlaw for teaming up with him as well as Congressman Wittman’s office for sending a representative on short notice. Mayor Greenlaw thanked Councilor Frye for working on this project. She also thanked the City staff Tracey O’Conner, Chuck Johnston, Marne Sherman, Suzanna Finn and the Department of Social Services for jumping right in and helping out. She thanked Ms. O’Conner for making sure permits and inspections were expedited. Councilor Duffy thanked Mayor Greenlaw and Councilor Frye for working on this and he said this goes to point out that the City needs to do a better job of letting people know where to go for help in situations such as this. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D16-121 thru D16-126). Following review and as recommended 19286 Regular Session 03/22/16 Councilor Kelly moved approval of the City Manager’s consent agenda items; motion was seconded by Councilor Frye and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Ordinance 16-11, Second Read, Conforming the Dangerous and Vicious Dog Ordinance to State Code, and Amending the Running at Large and Nuisance Animal Ordinance (D16-121). • Announcement Under Va. Code Section 2.2-3712 that the City Council will Hold Closed Meetings Solely for the purpose of Interviewing Candidates for the Position of City Manager at Undisclosed Locations During the Next 15 Days. • Resolution 16-25, Approving Certification of Closed Meetings for City Manager Interviews on March 4, 5 and 20 (D16-122). • Transmittal of Boards and Commission Minutes o Architectural Review Board Supplemental – December 15, 2015 (D16-123). o Architectural Review Board Supplemental – February 8, 2016 (D16-124). o Architectural Review Board – February 8, 2016 (D16-125). o Economic Development Authority – February 8, 2016 (D16-126). Adoption of Minutes. Councilor Devine moved approval of the March 2, 2016 Special Session and the March 8, 2016 Public Hearing and Regular Session minutes; 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). 19287 Regular Session 03/22/16 Ordinance 16-10, Second Read Approved, Providing for Issuance and Sale of a General Obligation Bond Series 2016 of the City of Fredericksburg, Virginia, in an Amount Not to Exceed $14,525,000, and the Form, Details and Payment Thereof (D16-127 thru D16-128). After a brief staff presentation Councilor Devine moved to approve Ordinance 16-10, on second read, providing for issuance and sale of a General Obligation Bond Series 2016 of the City of Fredericksburg, Virginia, in an amount not to exceed $14,525,000, and the form, details and payment thereof; motion was seconded by Councilor Kelly. 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, namely they are employees of the Fredericksburg Public School system. Councilors Frye and Ellis disclosed that his spouse was a member of a business, profession, occupation or group of three or more members affected by the transaction, namely she is an employee of the Fredericksburg Public School system. Councilor Ellis also noted that he was a licensed financial advisor and that he contacted the Commonwealth Attorney to see whether he would have a conflict of interest and she did not think there was any conflict. The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). Ordinance 16-12, First Read Approved, Amending the Procurement Ordinance to Increase the City Manger’s Small Purchase Authority from $30,000 to $100,000 and Require Three Quotes for Purchases of Good over $5,000 (D16-129 thru D16-130). After staff 19288 Regular Session 03/22/16 presentation there was some discussion on whether the lowest bidder had to be selected during a bid and Purchasing Agent Enders stated they did not. She said if the references were not good they could select one of the other vendors. Councilor Ellis moved to approve Ordinance 16-12, on first read, to amend the procurement ordinance to increase the City Manager’s Small Purchase Authority from $30,000 to $100,000 and require three quotes for purchases of goods over $5,000; 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). Ordinance 16-13, Granting a Fifteen-Year Non-Exclusive License to Extenet Systems (Virginia) LLC to Install, Maintain, and Use Telecommunications Cable and Equipment in City Rights-of-Way (D16- 131 thru D16-132). After a brief staff summary Councilor Devine noted that the poles that they were proposing to place the antennas and cabinets already had issues with wires hanging from them and the Extenet Representative assured Council that they would be working with Dominion Virginia Power to fix those problems before they allow their employees to climb the poles. Vice-Mayor Withers moved to approve Ordinance 16-13, on first read, granting a fifteen-year non-exclusive license to Extenet Systems (Virginia) LLC to install, maintain, and use telecommunications cable and equipment in city rights-of-way he also added the condition that the cabinets be the 2 foot cabinets and if there was a change they would have to come back to Council; motion was seconded by Councilor Devine. 19289 Regular Session 03/22/16 Assistant City Attorney Eckstrom said the license approval already covered this and Councilor Withers agreed he did not need to add the condition since it was already part of the agreement. The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 16-26, First Read Approved, Amending the Fiscal Year 2016 City Grants Fund Budget by Appropriating $145,000 Based on a 2015 Homeland Security Grant for the Purchase of a Vehicle and Equipment for the City’s Hazardous Materials Response Team (D16- 133). After a summary from staff Councilor Kelly moved to approve Resolution 16-26, on first read, amending the Fiscal Year 2016 City Grants Fund budget by appropriating $145,000 based on a 2015 Homeland Security Grant for the purchase of a vehicle and equipment for the city’s hazardous materials response team; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Resolution 16-27, Authorizing the City Manager to Execute a Contract for Performance of Improvements to the Property at 1016 Charles Street (D16-134). After staff presentation Vice-Mayor Withers moved to approve Resolution 16-27, authorizing the City Manager to Execute a contract for performance of improvements to the property at 1016 Charles Street; motion was seconded by Councilor Duff. 19290 Regular Session 03/22/16 Councilor Kelly explained that he could not support this item because he felt that all the money that had been used on the smaller parking lots could have been better used by building a parking garage and he thought this was a prime piece of property that would have been more valuable by not breaking it up. Mayor Greenlaw explained that this parking lot was located in an area that badly needed smaller lots and that this was not an area that a parking garage could be built in. The motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Ellis and Frye. Nays (1) Councilor Kelly. Resolution 16-28, Authorizing the City Manager to Submit Applications for Fiscal Year 2017 Virginia Department of Transportation Funding Through the Primary Extensions Paving Program and to Execute All Other Documents Associated with this Funding (D16-135). Staff presented a summary and Vice-Mayor Withers moved to approve Resolution 16-28, authorizing the City Manager to submit applications for Fiscal Year 2017 Virginia Department of Transportation Funding through the Primary Extensions Paving Program and to execute all other documents associated with this funding; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. City Manager’s Report and Council Calendar (D16-136 thru D16- 137). 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: Caroline Street Water Line Improvements, Next Phase of Distribution of 19291 Regular Session 03/22/16 Refuse/Recycling Carts, City Targets Family Reunion Organizer in Annual Workshop, Economic Development and Tourism and Police Department Assisting in Student Skills Competition, Fredericksburg Police Officers Begin Carrying NARCAN, Parks and Recreation Summer Camps, Parks Summer Hours Update, Property Maintenance Report for February 2016 and Building Construction Report for February 2016. City Manager Cameron added a few calendar items: March 23 at 11:00 a.m. – Ground Breaking Ceremony for the Renovations at the Original Walker-Grant, March 24 at 3:30 p.m. – Town and Gown Meeting at the University Center; and April 14 at 10:00 a.m. – Arbor Day Ceremony on the Kenmore Lawn. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw Declared the meeting officially adjourned at 8:38 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19292