City Council

Regular Session 05/24/16 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 May 24, 2016 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, May 24, 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. Also Present. City Manager Beverly R. Cameron, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant Economic Development Director Bill Freehling, Planning Services Director Charles Johnston, Zoning Administrator Michael Craig, Development Administrator Marne Sherman, Fire Chief Eddie Allen, 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 Swartz at this evening’s meeting. Proclamation Recognizing Roger C. Payne for 30 Years of Service with the Fire Department (D16-194). Mayor presented a proclamation, thanking 19349 Regular Session 05/24/16 and congratulating Mr. Payne for his selfless and dedicated contributions to the City and she extended him the very best for continued success and happiness with future endeavors. City Manager Cameron congratulated and thanked Mr. Payne for his years of dedication to the City and presented him with a City watch. Fire Chief Allen said it was tough losing someone who grew up in the area and who had 30 years of institutional knowledge. He said it was good to have someone with that knowledge to mentor the new recruits. He presented Mr. Payne with a plaque from the Fire Department and thanked him for his dedication to the City and the Fire Department. Mr. Payne thanked the City, the Mayor, City Council and Mr. Cameron. He said he has worked with the Fire Chief and Mr. Cameron his whole career. He also thanked the citizens for allowing him to serve. General Property Reassessment (D16-195). Mr. Don Thomas of Wingate Appraisal Service presented a PowerPoint presentation that covered the approximate composition of City Assessments, preliminary results, general findings and the process summary. (See D16-195 for more information). Council had a brief discussion on the reassessment process and whether the commercial properties went up or stayed that same. Mr. Thomas explained that some increased and some stayed the same. Council also discussed how they guard against targeting and Mr. Thomas explained that they establish benchmarks and he stated there was a possibility for error and the older properties stood a greater chance of error because they were assessing properties from the outside and they could not see any upgrades that may have been done on the inside. 19350 Regular Session 05/24/16 Public Hearings Conducted. There was no public hearings conducted at this meeting. Citizen Comment. The following speaker participated in the citizen comment portion of this evening’s meeting. Kevin Brown, 460 Riverside Drive, announced the live theater group had shows scheduled for June 3-5 on the 3rd floor of Picker’s Supply. He urged the City Council and the residents to support. Marilyn Brown, 5287 Cedon Road, stated that she would miss Mr. Cameron when he retires and she said Micah needed more resources. Council Agenda Presented. There were no items presented to Council for discussion. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D16-196 thru D16-209). Following review and as recommended Councilor Kelly moved approval of the City Manager’s consent agenda items; 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). • Ordinance 16-14, Second Read Approved, Setting the Real Estate Tax Rate at $0.77 Per Every $100.00 of Assessed Value of Real Estate for Fiscal Year 2017 (D16-196). • Ordinance 16-18, Second Read Approved, Adopting a Trust for Post- Employment Benefits Other than Pensions (D16-197). 19351 Regular Session 05/24/16 • Resolution 16-41, Second Read Approved, Amending the Fiscal Year 2016 Budget by Appropriating $1,000,000 of Fund Balance for the Establishment of a Trust for Other Post-Employment Benefits (D16-198). • Resolution 16-43, Approved, Amending the Half-Fare Program of the FREDericksburg Regional Transit System (D16-199). • Transmittal of the Quarterly Financial Report (D16-200). • Report on Bond Sale Results – Original Walker-Grant School and Public Safety Radios (D16-201). • Resolution 16-44, Approved, Authorizing the City Manager to Execute a Programmatic Project Administration Agreement Extension Addendum for Virginia Department of Transportation Revenue Sharing Projects (D16- 202). • Freedom of Information Act Request for Legal Advice – Conflict of Interest Opinions (D16-203). • Transmittal of Boards and Commission Minutes o Architectural Review Board Supplemental – April 11, 2016 (D16- 204). o Architectural Review Board – April 11, 2016 (D16-205). o Board of Zoning Appeals – February 22, 2016 (D16-206). o Board of Zoning Appeals – April 18, 2016 (D16-207). o Planning Commission – April 13, 2016 (D16-208). o Potomac & Rappahannock Transportation Commission – May 5, 2016 (D16-209). 19352 Regular Session 05/24/16 Adoption of Minutes (D16-210 thru D16-212). Councilor Devine moved approval of the March 4, March 5, March 20, 2016 Work Sessions and the May 10, 2016 Public Hearing and Regular Session minutes; 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). Appointment to Economic Development Authority - William Beck, Steve D’Lugos, Ben Keddie and Christopher Muldrow (D16-213). After the recorded votes taken, William Beck and Christopher Muldrow were appointed to the Economic Development Authority with a vote resulting between applicants William Beck, Steve D’Lugos, Ben Keddie and Christopher Muldrow. Beck (5) Councilors Greenlaw, Devine, Frye, Kelly, Withers. D’Lugos (1) Councilor Duffy. Keddie (1) Councilor Ellis. Muldrow (7) Greenlaw, Withers, Devine, Duffy, Ellis, Frye, Kelly. Appointment to Memorials Advisory Commission – John Lyles (D16-214). Councilor Devine made a motion to appoint John Lyles to the Memorials Advisory Commission; 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). Appointment to Cable Commission – Frederic N. Howe, III and Howard Piggie (D16-215). Councilor Kelly made a motion to reappoint Frederic N. Howe, III and Howard Piggie to the Cable Commission; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). 19353 Regular Session 05/24/16 Appointment to Planning Commission – Kenneth Gantt and Rene Rodriguez (D16-216). After the recorded votes taken, Kenneth Gantt was appointed to the Planning Commission with a vote resulting between applicants Kenneth Gantt and Rene Rodriguez. Gantt (5) Councilors Greenlaw, Devine, Duffy, Ellis, Frye. Rodriguez (2) Councilors Withers, Kelly. Appointment to Fredericksburg Arts Commission – Steve Camelli, Collette Caprara, Sue Henderson and Ken Lecky (D16-217). Councilor Devine made a motion to reappoint Steve Camelli, Collette Caprara, Sue Henderson and Ken Lecky to the Fredericksburg Arts Commission; 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). Appointment to the Community Policy & Management Team – Elizabeth Giese and JoAnne Kaiman (D16-218). Councilor Kelly made a motion to appoint Elizabeth Giese (private organization representative) and JoAnne Kaiman (parent representative) to the Community Policy & Management 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. Nays (0). Appointment to Rappahannock Area Community Services Board of Directors – Lawrence Davies (D16-219). Councilor Duffy made a motion to reappoint Rev. Lawrence A. Davies to the Rappahannock Area Community Services Board of Directors; motion was seconded by Councilor Kelly and passed by the following 19354 Regular Session 05/24/16 recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). Appointment to Rappahannock Emergency Medical Services Council Board of Directors – Edwin Allen (D16-220). Councilor Devine made a motion to reappoint Edwin Allen to the Rappahannock Emergency Medical Services Board of Directors; 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 16-45, Approved, Amending the Conditions Placed on the Liberty Place Special Use Permit Approved August 12, 2014, Which Increased the Residential Density from 24 to 36 Dwelling Units Per Acre on the Parcel at 605 William Street (GPIN 7789-04-0822) in the Commercial-Downtown (CD) Zoning District (D16-221). – Councilor Ellis made a motion to approve Resolution16-45, amending the conditions placed on the Liberty Place Special Use Permit approved August 12, 2014, which increased the residential density from 24 to 36 dwelling units per acre on the parcel at 605 William Street (GPIN 7789-04-0822) in the Commercial-Downtown (CD) Zoning District; 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). Ordinance 16-15, Second Read Approved, Vacating a Portion of the Amelia Street Right of Way for the Liberty Place Mixed Use Development (D16-222). – Councilor Devine made a motion to approve Ordinance 19355 Regular Session 05/24/16 16-15, on second read, vacating a portion of the Amelia Street right of way for the Liberty Place mixed use development; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Ordinance 16-16, Second Read Approved, Granting Liberty Place Partners, LLC a Sixty Year Lease for the Air Space Above the Public Right of Way in the 600 block of Amelia Street, for the Construction, Operation, Maintenance and Replacement of 11 Residential Balconies (D16-223). – Councilor Ellis made a motion to approve Ordinance 16-16, on second read, granting Liberty Place Partners, LLC a sixty year lease for the air space above the public sidewalk in the 600 block of Amelia Street, for the construction, operation, maintenance and replacement of 11 residential balconies; 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). Ordinance 16-17, Second Read Approved, Designating the Block Located Between William, Douglas, Amelia, and Winchester Streets (GPIN#7789-04-0822) As the “Liberty Place Development Project Area” and Adopting Tax Increment Financing in this Area (D16-224). Councilor Devine made a motion to approve Ordinance 16-17, on Second Read, designating the block located between William, Douglas, Amelia, and Winchester Streets (GPIN#7789- 04-0822) as the “Liberty Place Development Project Area” and adopting Tax Increment Financing in this area; motion was seconded by Councilor Duffy and passed by the 19356 Regular Session 05/24/16 following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, and Frye. Nays (1). Councilor Kelly. Resolution 16-46, Creating a Regional Detention Facility Contribution Stabilization Reserve (D16-225). After a brief presentation Councilor Devine asked if there was anyway the City could revisit the agreement between the localities because many of the criminals come from other localities and commit crimes and the City is left paying for their care. She said this was putting the City in a black hole every year. Mr. Whitley stated that this would be hard to negotiate because this would shift the cost onto the other localities. Mr. Cameron explained that the concept of proportionate usage was a common funding arrangement. He said all 22 regional jails in Virginia use this funding agreement. The State Compensation Board compiles data for jail cost across the state and the average operational cost per inmate was about $77.00 and for the Rappahannock Regional Jail (RRJ) cost run about $55.00. He said RRJ was very efficiently run. Councilor Kelly warned that if you look at one regional agreement you must look at all of them. He said he wouldn’t mind taking the regional agreements to the GWRC to take a look at them all. Councilor Frye reminded everyone of the cost to incarcerate juveniles and adults and he said he would like to see the City invest more to eliminate those costs. Councilor Kelly made a motion to approve Resolution 16-46, creating a regional detention facility contribution stabilization reserve; 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). 19357 Regular Session 05/24/16 City Manager’s Report and Council Calendar (D16-226 thru D16- 227). 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: City Shows Well as Historic Half Returns and New Five-Mile Race Opens; Marine Corp Honors Karen Hedelt with Oscar Mike Award, City Receives Funding for Construction of Bridge to Extend Virginia Central Railway Trail, Fredericksburg Department of Social Services Recognizes Adult Abuse Prevention Month, VCR Fountain, New Farmer’s Market Location, Officer Nick Wagner Recognized for Contributions to Mental Health Community, Fredericksburg’s Operation Medicine Cabinet Drop-Off Site Almost Doubles Collection and Household Hazardous Waste Collection Day June 4. Closed Meeting Approved (D16-228). Upon the motion of Councilor Kelly, seconded by Councilor Duffy and passed by the following recorded votes, Council approved a closed session pertaining to Stacey Strentz-McLauglin v. City of Fredericksburg, CL 15-0676 and Probable Litigation Involving an Appeal of the Fredericksburg Board of Zoning Appeals Decision in an Appeal by the Bragg Hill Corporation, and pertaining to NBB, LLC v. City Council, CL15-0787, and City Council v. Architectural Review Board and NBB, LLC, CL15-0820 where such consultations or briefings in an open meeting would adversely affect the negotiating or litigating posture of the City Council, under Virginia Code §2.2-3711(A)(7). Ayes (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Devine, seconded by Councilor Kelly and passed by the following recorded votes, Council 19358 Regular Session 05/24/16 approved a return to an open meeting. Ayes (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). Resolution 16-47, Approved, Certifying Closed Meeting. Upon the motion Councilor Devine approved Resolution 16-47 certifying the closed meeting; seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7) Councilors Greenlaw, Withers, Devine, 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 9:30 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19359 Regular Session 05/24/16 [This page intentionally left blank.] 19360