City Council

Regular Session 06/13/17 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 June 13, 2017 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, June 13, 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. (9:09 arrival) 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, Planning and Building Development Director Charles Johnston, Development Administrator Marne Sherman, Zoning Administrator Michael Craig, Budget Manager Deidre Jett, Parks & Recreation Director Jane Shelhorse, 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 Michael Athenry at this evening’s meeting. 19675 Regular Session 06/13/17 Public Hearings (D17-210 thru D17-211). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. The following speakers participated in the citizen comment portion of this evening’s meeting. Dr. James Schlesinger, 100 Fauquier Street, stated that on December 13 he and a few neighbors came to Council about demolishing or removing 1210 Sophia Street. On January 9, the Architectural Review Board met and approved the application for demolition or removal of the property and that it would be removed within five months. Dr. Schlesinger said the five months had passed but the property was still there. He also complained of the up keep of the property by the City. He asked for a timetable for demolition if no proposals came forward for removal of the property. He asked why there was a delay in the removal or demolition of the property. James Lawrence (D17-112), Maui resident, stated that he had changed his name to Jasee Law, he spoke on the comparisons of Maui and Fredericksburg but he requested the bench be replaced on the sidewalk in front of the Visitor Center. Council Agenda Presented. The following item was presented to Council for discussion. 7A. 1210 Sophia Street – Councilor Devine 7B. Fourth of July Holiday – Mayor Greenlaw 7C. Martin Luther King, Jr. Bridge Dedication Ceremony – Councilor Frye 1210 Sophia Street – Councilor Devine asked City Manager Baroody to address the 12 10 Sophia Street issue brought up during public comment. Mr. Baroody stated that 19676 Regular Session 06/13/17 this matter was brought to his attention shortly after he was hired and they immediately addressed the issue, by December he was prepared to present to Council, after approval from Council, it was immediately taken to ARB. The ARB decided they would approve it but they wanted it out for private sector review, over a five month period, for potential removal and during this period staff worked on putting a request for proposal out and that process took several months to get it right. The proposal went out in April and they fully intend to comply with the ARB’s request by September and by the end of the calendar year the building would be demolished. Assistant City Manager Whitley said the RFP was released April 21 and that’s how they reached a September 22 deadline. He explained that there was a $20,000 incentive for removal of the property if there was a qualified and reasonable proposal to remove the house. If the City received an acceptable proposal it would be taken back to the ARB and City Council for approval and the building would be saved. If no proposals are received, the City would proceed to demolish. The ARB also required a phase one archeology study and historical maker for the house. Councilor Devine asked staff to address the timeline if a proposal came in late September and Mr. Whitley explained that if a proposal came in and was accepted the RFP allows up to 100 days. He said they could move forward with demolition contingent there are no proposals received by the deadline in order to speed the process. This would allow the City to secure a contractor and giving them notice to proceed after the deadline of the RFP had passed. Fourth of July Holiday – Mayor Greenlaw noted that the Governor had declared Monday, July 3 as a holiday and she suggested the City do the same for its employees. 19677 Regular Session 06/13/17 Councilor Devine moved to declare Monday, July 3 as a holiday for the City employees; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Martin Luther King, Jr, Bridge Dedication Ceremony. – Councilor Frye recognized and thanked a couple people that participated in the ceremony but was not recognized. He thanked Mr. Ricky White who played keyboard and Mr. Harry Wilson, local jazz artist. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D17-213 thru D17-223). Councilor Duffy pulled item 8B for discussion. Councilor Kelly moved approval of the City Manager’s consent agenda items with the exception of item 8B; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Ordinance 17-14, Second Read Approved, Amending the Fares Charged for the FREDericksburg Regional Transit System (D17-213). • Resolution 17-42, Approved, Appointing Sarah Reid to the Rappahannock Area Youth Services and Group Home Commission (D17-215). • Resolution 17-43, Approved, Authorizing the Use of $7,000 in Motor Fuels Taxes for the Potomac and Rappahannock Transportation Commission for Fiscal Year 2018 (D17-216). 19678 Regular Session 06/13/17 • Resolution 17-44, First Read Approved, Amending the Fiscal Year 2017 Budget by Appropriating $460,023 of Fund Balance in the Education Debt Service Fund (D17-217). • Transmitting Board and Commission Minutes o Fredericksburg Clean and Green Commission – May 1, 2017 (D17-218). o Fredericksburg School Board – April 3, 2017 (D17-219). o Fredericksburg School Board – April 11, 2017 (D17-220). o Memorials Advisory Commission – January 18, 2017 (D17-221). o Potomac & Rappahannock Transportation Commission – May 4, 2017 (D17- 222). o Recreation Commission – April 20, 2017 (D17-223). Transmitting the Wall of Honor Recommendations – Madonna “Donna” Cote, Robert Allen Hodge, Elnora Mary Oberley Johnson (D17- 214). Councilor Duffy pulled this item from the consent agenda to highlight those that were nominated. Councilor Kelly made a motion to accept the transmittal of the Wall of Honor recommendations; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Adoption of Minutes (D17-224 thru D17-230). Councilor Devine moved approval of the March 14, March 28, April 4, April 11, April 12, April 18 and April 25, 2017 Work Session minutes and the May 23, 2017 Public Hearings and Regular Session; motion 19679 Regular Session 06/13/17 was seconded by Councilor Frye and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Appointments to the Recreation Commission – James Bailey and Sue Sargeant (D17-231). After the recorded votes taken, James Bailey and Sue Sargeant were appointed to the Recreation Commission with a vote resulting between applicants James Bailey, Brandon Beacham, Janice Olsen, Michael Roberson and Sue Sargeant. Bailey (5) Councilors Greenlaw, Devine, Duffy, Ellis, Frye. Beacham (0). Olsen (2) Councilor Frye, Kelly. Roberson (0). Sargeant (5) Councilors Greenlaw, Devine, Duffy, Ellis, Kelly. Appointment to the Rappahannock Area Community Services Board – Tina Sears (D17-232). After the recorded votes taken, Tina Sears was appointed to the Rappahannock Area Community Services Board with a vote resulting between applicants Brian Jackson, Sudhir Nagaraja and Tina Sears. Jackson (0). Nagaraja (0). Sears (6) Councilors Greenlaw, Devine, Duffy, Ellis, Frye, Kelly. Appointment to the Rappahannock Emergency Medical Services Board – Scott Davis (D17-233). Councilor Kelly made a motion to appoint Scott Davis to the Rappahannock Emergency Medical Services Board; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 17-45, Approved, Initiating Amendments to the Unified Development Ordinance to Regulate Short Term Rentals of Residential Properties, and to Make Technical Amendments to the Bed-and- Breakfast Inn Regulations (D17-234). After staff presentation Councilor Kelly 19680 Regular Session 06/13/17 made a motion to approve Resolution 17-45, initiating amendment to the Unified Development Ordinance to regulate short term rentals of residential properties, and to make technical amendments to the bed-and-breakfast inn regulations; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 17-46, Approved, Amending the Fiscal Year 2017 Budget by Using $97,346 of Sewer Enterprise Fund Contingency for the Virginia Nutrients Credits Exchange (D17-235). After staff presentation and some discussion Councilor Duffy made a motion to approve Resolution 17-46, amending the Fiscal Year 2017 budget by using $97,346 of sewer enterprise fund contingency for the Virginia Nutrients Credits Exchange; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Transmitting the Fiscal Year 2022 Capital Improvements Plan (D17-236 thru D17-237). Budget Manager Jett presented and reviewed the Fiscal Year 2022 Capital Improvements Plan (CIP) and she stated that the CIP would be submitted for adoption at a future meeting. Councilor Kelly asked when there would be definitive word on what the Riverfront Park would include. City Manager Baroody stated that he plans to have a fifty percent completed plan by September or October of this year. He said they would also bring it back to Council at ninety percent completion. Councilor Ellis reminded staff and Council of the request received by the citizen in regards to making the VCR trail ADA compliant. He said if money surfaces he would like to 19681 Regular Session 06/13/17 see it spent on this item. Mr. Baroody said staff was working on getting cost estimates for ADA compliance and he noted that they were looking into connecting the VCR trail to Idlewild. City Manager’s Report and Council Calendar (D16-238 thru D16- 239). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Council 2036 Vision Community Meetings, Graffiti Removal Update, Badges for Baseball Returns for Third Year, Germanna Community College Opens FredCAT, Police Detective Merrell Receives Award from RACSB, Water Safety Training, and Rock the River Event. Closed Meeting Approved (D17-240). Upon the motion of Councilor Ellis, seconded by Councilor Kelly and passed by the following recorded votes, Council approved a closed session under Virginia Freedom of Information Act section 2.2-3711(A)(3) to discuss acquisition of real property, of a portion of the Liberty Place property at 608 Amelia Street/605 William Street for public parking and section 2.2-3711(A)(3) to discuss or consider the acquisition of real property, on Dixon Street for the possible expansion of Dixon Park, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Ayes (6) Councilors Greenlaw, 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 approved a return to an open meeting. Ayes (7) Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye, and Kelly. Nays (0). 19682 Regular Session 06/13/17 Resolution 17-47, Approved, Certifying Closed Meeting. Upon the motion Councilor Kelly approved Resolution 17-47 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 10:06 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19683 Regular Session 06/13/17 [This page intentionally left blank.] 19684