City Council

Regular Session 06/28/16 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 June 28, 2016 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, June 28, 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 Dr. Timothy P. Duffy, Bradford C. Ellis, Charlie L. Frye, Jr. and Matthew J. Kelly. City Council Absent. Councilor Kerry P. Devine, out of town. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Director of Economic Development Karen Hedelt, Visitor Center Manager Julie Perry and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Matthew J. Kelly followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officer Recognized. Mayor Greenlaw recognized the presence of Officer Chris Menck at this evening’s meeting. Fredericksburg Regional Alliance Update (D16-259). President Roberts presented a PowerPoint presentation that covered the Fiscal Year Activity Tracking, Organizational Metrics, Marketing Metrics, Top 30 Website Hits by Geographic 19373 Regular Session 06/28/16 Location, FRA Marketing Calendar and Strengthening Regional Capacity. See document D16-259 for more information. Citizen Comment. The following speaker participated in the citizen comment portion of this evening’s meeting. Steve Gaske (D16-259.1), 1302 Washington Avenue, spoke in regards to the dense plantings on the Washington Avenue Mall. He also spoke about the Taskforce and the fact that he did not think the Taskforce gave serious consideration to the petitioner’s request. Mr. Gaske said neither did they look at alternate landscaping requests that would address the petitioner’s concerns. He said majority of the taskforce ruled that consideration of the petitioner’s request and consideration of alternative plans was outside the scope of what the City Council authorized for the Taskforce. He said the Taskforce chair added that that this was not a part of the mission statement that the Council provided the Taskforce, therefore it was not a part of their assignment. Mr. Gaske said he had a professional Landscape company come to assist the unqualified taskforce but that assistance was rejected. Mr. Gaske felt the majority took the position that the outcome was already predetermined by the wording of the Council resolution before deliberations began. (See D16-259.1 for more information). Patrick Chesnut, 620 Lewis Street, stated that he was concerned that the Washington Avenue Tree Taskforce had not embraced the assigned mission to review alternatives and give recommendations to the Council. He also said it appeared that the plans submitted by the Washington Avenue residents were not reviewed or considered. He felt the Taskforce missed an opportunity to ensure the iconic views of the Washington 19374 Regular Session 06/28/16 Avenue monuments were preserved and he requested the City Council give an alternative plan. Richard Harrison, 1304 Washington Avenue, spoke to clear up some of the facts that he said were misconstrued in the newspaper. He said this was important enough to volunteer his time. He said the reason for the petition was started was for the voice of the 73 residents. He also stated that the neighbors had not been consulted prior to the plantings. He said many of the residents that were consulted were either deceased or had moved. He urged the Council to take common sense and compromise into account and to consider the modified professional tree planting plan. Council Agenda Presented. The following items were presented to Council for discussion. 7A. Murder Free Fredericksburg – Councilor Frye 7B. Conflict of Interest Policy & Procedures – Councilor Kelly 7C. Tree Plan – Councilor Kelly Murder Free Fredericksburg – Councilor Frye was happy to announce that going into July Fredericksburg was still murder free but there were more shots fired at the playground in Mayfield. He thanked the Police Department, Parks & Recreation, Assistant City Manager and the Mayor for their support. He noted that the staff was trying to get more lighting in the area to deter the problems. Conflict of Interest Policy & Procedures – Councilor Ellis stated that there had been some issues with some of the Boards and Commissions with conflict of interest and he said there was no one point of contact person for them. He requested that City Attorney Dooley look into a policy and procedures as it relates to Board and 19375 Regular Session 06/28/16 Commission Member conflict of interest. He also suggested there be one contact person for them. City Attorney Dooley said she would be happy to provide a report. The Mayor clarified that Councilor Kelly wanted one contact point person. Tree Plan – Councilor Kelly noted that he was the person who wanted options for the tree plan on Washington Avenue because he likes options but he clarified that he would look at everything and make a decision accordingly. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D16-260 thru D16-273). Following review and as recommended Councilor Kelly moved approval of the City Manager’s consent agenda items; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). • Resolution 16-55, Approved, Authorizing the City Manager to Execute a Three-Year Memorandum of Understanding with Stafford and Spotsylvania Counties for the Fredericksburg Regional Tourism Partnership (D16-260). • Transmitting Street Paving List (D16-261). • Transmitting the Tree Task Force Report and Recommendation (D16-262). • Transmitting the Tree Planting Policies and Procedures (D16-263). • Transmittal of Boards and Commission Minutes o Architectural Review Board Supplemental – April 25, 2016 (D16-264). 19376 Regular Session 06/28/16 o Architectural Review Board Supplemental – May 9. 2016 (D16- 265). o Architectural Review Board – May 9, 2016 (D16-266). o Board of Social Services – April 14, 2106 (D16-267). o Economic Development Authority – May 9, 2016 (D16-268). o Fredericksburg Arts Commission – October 21, 2015 (D16-269). o Fredericksburg Arts Commission – November 18, 2015 (D16-269.1). o Fredericksburg Arts Commission – December 16, 2016 (D16-270). o Fredericksburg Arts Commission – January 20, 2016 (D16-271). o Fredericksburg Arts Commission – March 16, 2016 (D16-272). o Fredericksburg Arts Commission – April 20, 2016 (D16-273). Adoption of Minutes (D16-274 thru D16-275). Councilor Kelly moved approval of the May 10 & June 14, 2016 Work Sessions and the June14, 2016 Regular Session minutes; motion was seconded by Councilor Ellis and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye, and Kelly. Nays (0). Resolution 16-52, Second Read Approved, Amending Fiscal Year 2017 Budget by Increasing the Appropriations to the School Operating Fund by $141,368 (D16-276). – Councilors Duffy disclosed that they were members of a business, profession, occupation or group of three or more members affected by the 19377 Regular Session 06/28/16 transaction, namely they are employees of the Fredericksburg Public School system. Councilors Frye and Ellis disclosed that their spouses are 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. Councilor Kelly made a motion to approve Resolution 16-52 on second read, amending Fiscal Year 2017 budget by increasing the appropriations to the School Operating Fund by $141,368; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). Request to Finance R-Board Landfill Improvements (D16-277). Mr. Whitley explained that due to the financial constraints the R-Board deferred the capital expenditure for the permanent cap that was required for the cells that are no longer accepting waste. The R-Board had received bids and the cost to cap the cells would be $3,083,120. The R-Board proposed to split the cost of the project between the R-Board, the City and Stafford County but the money from the City and the County would be a loan. The R-Board also requested assistance from the City and the County to finance a landfill compactor. The proposed terms of the loan would be seven years at 1.5% interest. Mr. Whitley also suggested the City include a call provision by the R-Board. This provision would allow the R-Board to pay the funds back sooner than scheduled, if financial conditions allowed. He said this provision would only be used if it were allowed by their other financing arrangements. The total requested amount for financing would be $1,175,534. 19378 Regular Session 06/28/16 Councilor Kelly stated that the flow control had been determined to be a good decision and there had been a significant revenue increase but it will take some time to rebuild the funds. He said the R-Board thought borrowing the funds would make better financial sense for them and it would allow them to continue to build up their reserves. He suggested there was a need to take a look at trash on a regional approach. He said George Washington Regional Commission was looking into this to see if it would be beneficial. Mr. Whitley stated that the financial advisors thought the seven years at 1.5% was a fair rate. Resolution 16-56, Approved, Designating a Freedom of Information Act Officer for the City of Fredericksburg and Certain Local Public Bodies Subject to FOIA (D16-278). Councilor Kelly made a motion to approve Resolution 16-56, designating a Freedom of Information Act Officer for the City of Fredericksburg and certain local public bodies subject to FOIA; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 16-57, First Read Approved, Amending the Fiscal Year 2017 Public Works Fund Budget and Increasing Appropriation by $180,900 Reflecting an Increase in Funding from the Virginia Department of Transportation (VDOT) (D16-279). Councilor Kelly made a motion to approve Resolution 16-57 on first read, amending the Fiscal Year 2017 Public Works Fund budget and increasing appropriation by $180,900 reflecting an increase in 19379 Regular Session 06/28/16 funding from the Virginia Department of Transportation (VDOT); motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). City Manager’s Report and Council Calendar (D16-280 thru D16- 281). 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: 4th Annual United Way Benefit Golf Tournament, Refuse and Recycling Cart Distribution, Public Works Confined Space Training, Videos Chronicle Fredericksburg’s Appeal, Build on Line Content for Higher Recognition. Closed Meeting Approved (D16-282). Upon the motion of Councilor Kelly, seconded by Councilor Duffy and passed by the following recorded votes, Council approved a closed session 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 (6) Councilors Greenlaw, Withers, Duffy, Ellis, Frye, and Kelly. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Kelly, seconded by Vice-Mayor Withers and passed by the following recorded votes, Council approved a return to an open meeting. Ayes (6) Councilors Greenlaw, Withers, Duffy, Ellis, Frye, and Kelly. Nays (0). Resolution 16-58, Approved, Certifying Closed Meeting. Upon the motion Councilor Kelly approved Resolution 16-58 certifying the closed meeting; 19380 Regular Session 06/28/16 seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6) Councilors Greenlaw, Withers, 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 8:33 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19381 Regular Session 06/28/16 [This page intentionally left blank.] 19382