City Council

Public Hearing 08/23/16 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 August 23, 2016 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, August 23, 2016, beginning at 7:47 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 Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Public Works Director Doug Fawcett, Assistant Public Works Director David King and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D16-337). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 16-23, First Read Approved, Granting a Fifteen-Year Non-Exclusive License to Extenet Systems, Inc. to Install, Maintain, and Use Telecommunication Cable and Equipment in City Rights-of-Way (D16-337). no speakers. After staff overview Councilor Devine expressed concerns with wires that were dangling on some of the utility poles and Mr. Michael Bortz with 19425 Public Hearing 08/23/16 Extenet said they had being meeting with Dominion and that they addressed this concern with them. He also said they would not work on any poles that have wires hanging so they would work with Dominion to have that corrected before they begin work on any poles. Councilor Devine made a motion to approve Ordinance 16-23, on first read, granting a fifteen-year non-exclusive license to Extenet Systems, Inc. to install, maintain, and use telecommunication cable and equipment in city rights-of-way; 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). Adjournment. There being no speakers to come before the Council at this time. Mayor Greenlaw declared the hearing officially adjourned at 7:51 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19426 Public Hearing 08/23/16 19427 Regular Session 08/23/16 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 August 23, 2016 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, August 23, 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 Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Public Works Director Doug Fawcett, Assistant Public Works Director David King 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 Chris Menck at this evening’s meeting. Update on Habitat for Humanity (D16-336). Thomas Carlson, Executive Director of Habitat for Humanity presented a PowerPoint presentation which covered the new 2020 vision, facts about the new location of the ReStore, their newest sponsors and he 19427 Regular Session 08/23/16 discussed the help they needed. He said they needed help with the Land Bank for the GWRC region. See D16-336 for more information. Public Hearings Conducted (D16-337). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. There were no citizen comments at this evening’s meeting. Amending Ordinance 14-06, to Rezone Approximately 0.806 Acres of Land Adjacent to the Unbuilt Bakersfield Lane Right of Way, a Portion of Former Bragg Hill Parcel B-5, Identified as GPIN 7870-00- 3906, from R-12 to R-2 (D16-348). Mayor Greenlaw explained that the City Manager asked the Council to postpone action on this item to allow time to work with the landowners and the landowners were in agreement with postponing action. Councilor Kelly made a motion to amend the agenda; 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). Council Agenda Presented. The following items were presented to Council for discussion. 7A. Resolution 16-75, Renaming the Aquatic Facility at Dixon Park the Doris E. Buffett Pool – Mayor Greenlaw 7B. Murder Free Fredericksburg – Councilor Frye 7C. Recognition of Police, Fire, Sheriff and Rescue Departments – Mayor Greenlaw 19428 Regular Session 08/23/16 Resolution 16-75, Renaming the Aquatic Facility at Dixon Park the Doris E. Buffett Pool (D16-338) – Councilor Duffy moved to approve Resolution 16-75, renaming the aquatic facility at Dixon Park the Doris E. Buffet Pool; motion was seconded by Councilor Devine. Councilor Frye said he appreciated what Ms. Buffett has done for the residents of the City. He said he would like to see this type of legacy continued for years to come. Mayor Greenlaw added that it was honorable and remarkable what Ms. Buffet had done for the residents. The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Murder Free Fredericksburg – Councilor Frye reported that the City was no longer murder free and that a murder had occurred in the City. He informed the public that there were options and that guns could be turned into the police department at any time. He said he would continue to do what he could to help prevent these senseless crimes. Recognition of Police, Fire, Sheriff and Rescue Departments – Mayor Greenlaw recognized all the first responders for their great work at the Presidential Candidate Rally for Donald Trump in the City. She said everything went smoothly. She congratulated them and thanked them for how well they represented the City. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D16-339 thru D16-347). Following review and as recommended 19429 Regular Session 08/23/16 Councilor Kelly moved approval of the City Manager’s consent agenda items; motion was seconded by Councilor Ellis. Councilor Frye clarified the process for expanding the Residential Area Parking Permit Zone 6 to add the block of Pitt Street between Caroline Street and Princess Anne Street. He said there had been some miscommunication and he wanted to make sure it was clear that he had been working on getting the permit parking in place but could not show a need until the brewery had opened. The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Resolution 16-74, Second Read, Amending the Fiscal Year 2017 Budget in the Amount of $1,175,534 for the Purpose of Financing Rappahannock Regional Solid Waste Management Board Capital Construction Costs and Equipment Purchases (D16-339). • Ordinance 16-21, Second Read, Expanding Residential Area Parking Permit Zone 6 to Add the Block of Pitt Street Between Caroline Street and Princess Anne Street (D16-340). • Ordinance 16-22, Second Read, Expanding Residential Area Parking Permit Zone 7 “The College Heights Parking Zone.” to Add College Avenue (D16- 341). • Transmittal of the July 13, 2016, Planning Commission Comprehensive Plan Compliance Review Action for a New Public Facility at 1100 Belman Road (Resolution 2016-04) (D16-342). • Transmittal of Boards and Commission Minutes 19430 Regular Session 08/23/16 o Board of Social Services – June 9, 2016 (D16-343). o Fredericksburg Clean and Green (Green Committee) – February 9, 2016 (D16-344). o Fredericksburg Clean and Green Commission – March 7, 2016 (D16- 345). o Fredericksburg Clean and Green Commission – June 6, 2016 (D16- 346). o Fredericksburg Clean and Green Commission – July 11, 2016 (D16- 347). Adoption of Minutes. Councilor Kelly moved approval of the August 9, 2016 Public Hearing and Regular Session minutes; 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). Resolution 16-76, First Read Approved, Amending the Fiscal Year 2016 Budget for Final Adjustments (D16-349). – After staff presentation Councilor Kelly made a motion to approve Resolution 16-76, on first read, amending the fiscal year 2016 budget for final adjustments; 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). Resolution 16-77, Approved, Authorizing the City Manager to Execute the Fiscal Year 2017 Asphalt Rehabilitation Program Contract with Fredericksburg Asphalt and Paving in the Amount of $1,352,808 19431 Regular Session 08/23/16 (D16-350). – Councilor Kelly made a motion to approve Resolution 16-77, authorizing the City Manager to execute the fiscal year 2017 Asphalt Rehabilitation Program Contract with Fredericksburg Asphalt and Paving in the amount of $1,352,808; 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). City Manager’s Report and Council Calendar (D16-351 thru D16- 352). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Downtown 31, W.L. Harris Playground Improvements, The Flying Fish Swim Team, 8th Annual Soggy Doggy Swim, EDT Publishes Quarterly E-Newsletter, EDT Hosting Economic Development Breakfast, EDT Organizing UMW Community Welcome Fair, School Field-Trip Programs Highlighted, Police Department Raises Money for VA Special Olympics and Police Department Participates in National Night Out on August 2. Closed Meeting Approved (D16-353). 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 (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Kelly, seconded by Councilor Devine and passed by the following recorded votes, Council 19432 Regular Session 08/23/16 approved a return to an open meeting. Ayes (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). Resolution 16-78, Approved, Certifying Closed Meeting. Upon the motion Councilor Kelly approved Resolution 16-78 certifying the closed meeting; seconded by Councilor Devine and passed by the following recorded votes. Ayes (7) Councilors Greenlaw, Withers, Devine, 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 9:30 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19433 Regular Session 08/23/16 [This page intentionally left blank.] 19434