City Council

Public Hearing 03/28/17 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR CITY COUNCIL HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO 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 28, 2017 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, March 28, 2017, beginning at 7:48 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. Kerry P. Devine, sick. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Clerk of Circuit Court Jeff Small, Registrar Marc Hoffman, Transportation Administrator Erik F. Nelson, Economic Development Director Bill Freehling, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D17-93 thru D17-95). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 17-02, Second Read Approved, Changing the Ward 301 Polling Place from Walker-Grant Middle School to the Lafayette Upper Elementary School (D17-93). 1 speaker. Electoral Board Chair Rene Rodriguez explained that they were attempting to move the voting facility before the June election and 19605 Public Hearing 03/28/17 they had deadlines they had to meet in order to make this change. They were proposing to move the location from Walker-Grant Middle to Upper Lafayette Elementary School. Councilor Kelly asked whether this was a permanent location or a temporary location and Mr. Rodriguez stated that they would like to find a permanent longer term facility maybe five years out. He explained the reason for moving was that renovations had been made to the room where elections were normally held and it is no longer adequate for holding elections. Mr. Rodriguez said the School Superintendent had agreed to try to make this location feasible for the elections. Mayor Greenlaw clarified that each time an election location was changed it would be a change to the City Code but if need be the location could be changed again. Michael Hirsch (D17-94), 200 McConkey Street, spoke to the Council on a concern that his church, Calvary Christian Church, was excluded from consideration as a polling location because of views he expressed in a sermon. Mr. Hirsch asked that before the Council made a decision he invited them to come inspect their facility for fair consideration as a polling place. See D17-94 for more information. Councilor Frye asked if there were discussions by the Electoral Board on the Calvary Christian Church and Mr. Rodriguez said in their attempts to find a suitable location they did a canvas to find a location that met the requirements. The Board looked at several sites prior to the Lafayette Upper Elementary and before selecting Lafayette they were looking at Trinity Episcopal. Mr. Rodriguez said in the Electoral Board’s discussion there were some partisan concern raised with Calvary. During this time, discussions were ongoing with the School Board to use Lafayette Upper Elementary. Councilor Kelly asked if they were still using a church in Ward Four as a polling place and Mr. Rodriguez said yes there was history of using a church as well as a VFW 19606 Public Hearing 03/28/17 building for elections. Councilor Kelly asked if there was anything in the criteria for the use to evaluate a polling place, about concerns with beliefs, ideas, church doctrines or anything else coming from the current occupants of the building. Mr. Rodriguez said there was not, but as part of the agreements entered in there are clear understandings that no proselytizing is allowed because they are held to a 40 foot requirement of no campaigning of any type. Councilor Kelly said using the Lafayette location was ideal because it was right next to the old location at Walker-Grant but he express is disappointment to read a comment such as the comment made by a member of the Electoral Board. Councilor Duffy noted that he works for City Schools and he was a principal at Walker-Grant Middle School but he was not a part of the decision making for moving the polling location. Councilor Duffy made a motion to approve Ordinance 17-02, second read approved, changing the Ward 301 polling place from Walker-Grant Middle School to the Lafayette Upper Elementary School; 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 17-20, Approved, Supporting the Transportation Alternatives Application for Downtown Pedestrian Enhancement Project (D17-95). No speakers. After staff presentation Vice-Mayor Withers requested the wording be changed in the document to say resurfacing instead of stamped concrete. He also requested that the test LED light at the intersection of William and Princess Anne be turned down and Mr. Nelson said he could change the wording to say resurfacing and they could work on the adjustments with the LED light. Councilor Ellis agreed that something needed to be done with the LED light because he thought it took away from the look and feel of the 19607 Public Hearing 03/28/17 downtown. Councilor Kelly thanked and gave credit to Cord Sterling the City’s Commonwealth Transportation Board representative for informing the City about the program. Councilor Kelly made a motion to approve Resolution 17-20, supporting the Transportation Alternatives Application for downtown pedestrian enhancement project; motion was seconded by Vice-Mayor Withers and the motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). Adjournment. There being no more speakers to come before the Council at this time. Mayor Greenlaw declared the hearing officially adjourned at 8:14 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19608 Public Hearing 03/28/17 19609 Regular Session 03/28/17 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR CITY COUNCIL HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO 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 28, 2017 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, March 28, 2017, 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. Kerry P. Devine, sick. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Clerk of Circuit Court Jeff Small, Registrar Marc Hoffman, Transportation Administrator Erik F. Nelson, Economic Development Director Bill Freehling, 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 Scott Worley at this evening’s meeting. Council Minute Book Presentation. Clerk of the Circuit Court Jeff Small and Chief Deputy Christine Allen gave a brief update of what was going on at the 19609 Regular Session 03/28/17 Courthouse. He said they had made their website one of the most interactive in the State. Other things that have changed in the Clerk’s office: they have shortened the gun permit process down to one week, records are immediately scanned in and returned to the customer immediately and they are all electronic and the probate department has shortened their time from to five minutes or so. Mr. Small said the City Manager and Vice-Mayor Withers came to him about 4 or 5 months ago and brought to his attention that there was a minute book from 1780-1801 that was in really bad condition and it was expensive to have those records restored and preserved. The City was not able to do it and the Courts were not able to do it but Mr. Small said he got in touch with the Daughters of the Revolution and they said they would pay for the restoration. He also noted that there was a letter from George Washington in the book. Mr. Small presented the book to Mayor Greenlaw. Library Services Update (D17-92). Martha Hutzel, Library Director presented a PowerPoint and in the presentation she covered the literacy and education program, workforce development, lifelong learning and experiences, she discussed their community outreach, their impact on Fredericksburg and their plans moving forward. Councilor Frye thanks Ms. Hutzel for all that she and her staff do for the community and he asked what it would take to get the book mobile running again and Ms. Hutzel said they were trying to get smaller vans that could go to more locations. She said although the book mobile was not running they still do the community outreach. She said they were looking for sponsorships and she was pretty confident they would get those. Mayor Greenlaw thanked Ms. Hutzel for all that they do for the community. 19610 Regular Session 03/28/17 Public Hearings (D17-93 thru D17-95). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. There were no speakers participating in the citizen comment portion of this evening’s meeting. Council Agenda Presented. The following item was presented to Council for discussion. 7A. Discussion on Virginia Railway Express Letter of Support – Councilor Kelly 7B. OneVirginia2021 – Councilor Kelly 7C. Air B&B – Vice-Mayor Withers Discussion on Virginia Railway Express Letter of Support (D17-96) – Councilor Kelly explained that this was a letter in an attempt to secure funding from the State to ensure VRE operations had the resources it needed to provide service. He said the VRE was a critical tie to Northern Virginia and Washington, DC. Councilor Kelly said the Board did a recent Study and they determined there would be an increase of three percent to the Rider and three percent to the jurisdictions on alternating years to maintain the current trains. He said even with those increases by 2032 VRE would shut down and funding was going down and there were no indications of new funding for transportation. Councilor Kelly said transportation was the State’s responsibility and they needed to step up. He said as the transportation system degrades so does Economic Development therefore all other jurisdictions have also been asked to submit this letter to the Governor because VRE was a critical component to transportation. 19611 Regular Session 03/28/17 Councilor Kelly made a motion to allow a letter to be sent from Mayor Greenlaw requesting funding for the VRE; motion was seconded by Councilor Duffy. Vice-Mayor Withers said the VRE affects not only this region but the entire east coast. He said there were 19,000 riders from Spotsylvania County to Washington, DC daily and it keeps those cars off the highway. Mayor Greenlaw agreed and said it affects the economy and it was a statewide problem. The motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). OneVirginia2021 – Councilor Kelly noted that Ms. Sebina Wietzman had requested that the Council support the recommendation to have a bipartisan outside committee to handle the redistricting issues in Virginia. He said the City Council has always had the policy of not stepping outside of the role of local government and get into issues of statewide and national politics. Councilor Kelly said the City had done very well not running with party labels and the focus stays on the City. This was a complicated issued and he said he was not sure where this would go. Attorney Dooley stated that VML had supported redistricting reforming for the last few years and they sent out alerts asking members to contact their legislators. She said she counted approximately nine pieces of legislation introduced in the 2017 General Assembly that addressed redistricting reform and all nine died in the House Privileges and Elections Committee. She said this was a legislative item and it would be tracked by VML. Councilor Duffy stated that the increase partisanship was rooted in part in the electoral districts that were increasingly of one side or the other and it makes it harder for candidates to step forward and who were willing to compromise because they could be defeated in primaries. He said this was a tough issue and tough for the Council to deal with 19612 Regular Session 03/28/17 as independently elected officials. Councilor Duffy said the Council needed to be careful with bringing in what might be perceived as partisan issues into the Chamber. He said he liked that the Council does not take statement votes on issues going on in the State and Federal government. He said he would be hesitant to get involved. Councilor Frye said he appreciated this being brought to Council but he did not want to close to door completely. He said because the way the lines are drawn and how the City was split the City could not contact one person to address issues that come up in the City. Vice-Mayor Withers said he spoke with Ms. Weitzman and expressed his concerns with getting involved. He said as an elected official he had always been uncomfortable with petitioning another governing body. He said as much as he would like to see the policy changed he would not like the City to get involved. Councilor Kelly suggested that as a council member they could sign on as an individual. His concern was with the Council as a body getting involved. He said it was a VML issue and it could be approached on the VML level. Mayor Greenlaw clarified that the City does get involved with legislative issues that directly affect the City but they were items that directly affect our schools or very specific thing that affect the City. She added that as sympathetic as the City was to the necessity of change this would be a step beyond the City’s level of getting involved in State matters. Council Frye informed the public that many of the Council members participate in the VML Policy committees where policies are made. Councilor Kelly recommended that each council member get involved as they wish and he suggested that during the next legislative session the City Attorney brief the Council on what the current legislation is and maybe the Council could sign on and take a position through VML. 19613 Regular Session 03/28/17 Vice-Mayor Withers clarified what he stated saying that he does not like to petition other governing bodies on political issues. Air B&B – Vice-Mayor Withers recollected on the discussion and legislation that was going to allow the Air B&B to be operated without zoning, taxes and no regulations. Through the efforts of VML and City Attorney Dooley the legislation was changed. Ms. Dooley explained that in 2016 Air B&B lobbied in favor of legislation that would have exempted Air B&B uses from local zoning, and local taxation they would have been subject to the local hotel tax but the City would not have any authority to audit or to know who the taxpayers were in the City and there would not be direct payment of taxes to the City. The legislation was carried over from 2016 and the Housing Committee studied the legislation and new legislation was introduced in 2017. The legislation was signed by the Governor and it preserved local zoning authority for Air B&B uses and it preserved local taxing authority. These were Council’s two main concerns. Ms. Dooley said she contacted the City’s delegation and they were very responsive. She said the zoning ordinance would be coming back to the Council for initiation. Ms. Dooley also said the locality is also allowed to require the registration of guests. Councilor Ellis said when this item comes to Council for discussion he would like to discuss the tax rate because he did not think the rate should be the same as a regular hotel. He said the rate needed to be equitable. Vice-Mayor Withers agreed and suggested maybe wrapping a tax into the licensing fee. Councilor Ellis suggested that maybe it could be done like the landlord taxing which is based on the income received from the rental. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D16-97 thru D16-109). Following review and as recommended 19614 Regular Session 03/28/17 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 (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). • Transmitting Board and Commission Minutes o Architectural Review Board – February 13, 2017 (D16-97). o Architectural Review Board Supplemental – February 27, 2017 (D16-98). o Cable Commission – May 19, 2016 (D16-99). o Cable Commission – August 18, 2016 (D16-100). o Clean & Green Commission – January 9, 2017 (D16-101). o Clean & Green Commission – February 6, 2017 (D16-102). o Economic Development Authority – January 9, 2017 (D16-103). o Economic Development Authority – February 13, 2017 (D16-104). o Planning Commission – February 8, 2017 (D16-105). o Planning Commission Special Work Session – February 17, 2017 (D16-106). o Potomac & Rappahannock Transportation Commission – February 9, 2017 (D16-107). o Recreation Commission – January 26, 2017 (D16-108). • Transmittal of the Certified Local Government Program 2015-16 Annual Report (D17-109). Adoption of Minutes (D16-110). Councilor Ellis moved approval of the January 24, 2017 Work Sessions and the March 14, 2017 Public Hearing and Regular Session minutes; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). 19615 Regular Session 03/28/17 Resolution 17-21, Authorizing the City Manager to Submit Applications for Fiscal Year 2018 Funding Through the Virginia Department of Transportation Primary Extension Paving Program (D17- 111). Staff gave a brief summary and after brief discussion Councilor Kelly moved approval of Resolution 17-21, authorizing the City Manager to submit applications for Fiscal Year 2018 funding through the Virginia Department of Transportation Primary Extension Paving Program; 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 17-22, Adopting a Consolidated Economic Development Strategic Plan for the City of Fredericksburg and Referring it to the Planning Commission as an Amendment of the 2015 Comprehensive Plan (D17-112 thru D17-113). Staff presented a PowerPoint presentation and after Council’s brief discussion Councilor Ellis moved approval of Resolution 17-22, adopting a Consolidated Economic Development Strategic Plan for the City of Fredericksburg and referring it to the Planning Commission as an amendment of the 2015 Comprehensive Plan; motion was seconded by Councilor Frye 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 (D16-114 thru D16- 115). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: City “Springs” Into Social Media, A Strong Finish for Firefighter Keys, Coordinating Video Series with UMW, Children’s Art Show & Expo, 19616 Regular Session 03/28/17 66th Annual Fredericksburg Fine Arts Show and Fredericksburg Main Street Highlights a City Employee. Closed Meeting Approved (D17-116). Upon the motion of Councilor Duffy, seconded by Councilor Frye and passed by the following recorded votes, Council approved a closed session under Virginia Freedom of Information Act section 2.2-3711(A)(40) to discuss an economic incentive for the Liberty Place project, where the City Council will discuss or consider proprietary information, voluntarily provided by Liberty Place pursuant to a promise of confidentiality from the City, used by the City for business development, and a confidential staff memo related to the project, where bargaining is involved and where disclosure of the information would adversely affect the financial interest of the City. Ayes (6) Councilors Greenlaw, Withers, Duffy, Ellis, Frye, and Kelly. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Duffy 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 17-23, Approved, Certifying Closed Meeting. Upon the motion Councilor Duffy approved Resolution 17-23 certifying the closed meeting; 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 9:52 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor 19617 Regular Session 03/28/17 Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19618