City Council

Regular Session 07/11/17 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 July 11, 2017 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, July 11, 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. Councilor Kerry P. Devine. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstrom, Planning and Building Development Director Charles Johnston, Development Administrator Marne Sherman, Zoning Administrator Michael Craig, Building Code Official John Schaefer, Public Works Director David King, Economic Development Director Bill Freehling, Business Development Director Angela Freeman 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 Beth Haizlit at this evening’s meeting. 19701 Regular Session 07/11/17 Public Hearings (D17-259 thru D17-262). 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. Jasee Law, Maui resident, stated that he had lived in Fredericksburg for 25 years before going to Maui and he had requested the bench be replaced on the sidewalk in front of the Visitor Center over 100 times and he again asked the Council to put the bench back in front of the Visitor Center. Council Agenda Presented. The following item was presented to Council for discussion. 7A. Murder Free Fredericksburg – Councilor Frye 7B. City Revenues – Councilor Kelly 7C. North Bound 95 Project – Councilor Kelly 7D. Go Virginia – Councilor Duffy Murder Free Fredericksburg – Councilor Frye reported that there had been a murder within the City limits and he reminded people of the gun giveback program. He explained that unwanted guns could be taken to the police department with no questions asked. City Revenues – Councilor Kelly apologized for reporting erroneous information on the City revenues. Revenues had been better than he was reporting. North Bound 95 Project – Councilor Kelly reported on the second round of the smart scale funding and said that the north bound portion of the Interstate 95 project was 19702 Regular Session 07/11/17 not funded. There were some discrepancies with smart scale projects and he discussed issues with the way projects were rated. There have been discussions at FAMPO to pull Interstate 95 North bound from the priority list and leave it for the Federal government to handle and only list the local projects. They will discuss this at the August FAMPO meeting. Go Virginia – Councilor Duffy stated that he and Mayor Greenlaw had attended a workshop to learn about the Virginia Initiative for Growth and Opportunity which was geared toward building businesses and economies in all regions of the State. They discussed the assets and desired states they would like to see. He said there was money to engage or partner up with other localities to get competitive grants. The programs is geared to get better jobs in the region. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D17-263 thru D17-265). Councilor Kelly moved approval of the City Manager’s consent agenda items; 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). • Adopting the Wall of Honor Recommendations – Madonna “Donna” Cote, Robert Allen Hodge, Elnora Mary Overly Johnson (D17-263). • Consideration of Vice-Mayor Withers as Alternate Member on the Main Street Board (D17-263.1). • Ordinance 17-15, Second Read, Conveying the City’s Interest in the 11,703 Acre Portion of GPINs 7778-07-4650 and 7768-86-6689, More Commonly Known as Stormwater Ponds 1,2,3,and 4, to Calatlantic Group, Inc.; Accepting the Dedication of Calatlantic Group Inc.’s Interest in an Approximately 54.2 Acre 19703 Regular Session 07/11/17 Portion of GPINs 7779-00-3066 and 7778-18-7467 to Establish a New Public Area; and Entering Into a Trail Maintenance Agreement with the Village of Idlewild Homeowners Association, Inc. (D17-264). • Transmitting the Quarterly Update of Council Priorities (D17-265). Adoption of Minutes (D17-266 thru D17-270). Councilor Kelly moved approval of the May 23, 2017 Work Session minutes and the June 6, June 7, June 10 and June 12, 2017 Vision meeting minutes; 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). Appointments to the Board of Social Services – Debra Fults and Thomas Schiff (D17-271). After the recorded votes taken, Debra Fults and Thomas Schiff were appointed to the Board of Social Services with a vote resulting between applicants Tanisha Austin, Monica Early, Debra Fults, Nicholas Houff and Thomas Schiff. Austin (1) Councilor Frye. Early (0). Fults (6) Councilors Greenlaw, Withers, Duffy, Ellis, Frye, Kelly. Houff (0). Schiff (5) Councilors Greenlaw, Withers, Duffy, Ellis, Kelly. Resolution 17-54, Approved, Initiating Amendments to the Unified Development Ordinance to Exempt Wireless Communication Infrastructure, Placed in the Public Rights of Way, From Zoning Regulation; and to Amend the Regulations Governing Broadband Deployment Infrastructure on Private Property (D17-272). After staff presentation Councilor Kelly made a motion to approve Resolution 17-54, initiating amendments to the Unified Development Ordinance to exempt wireless communication infrastructure, placed in the public rights of way, from zoning regulation; and to amend the 19704 Regular Session 07/11/17 regulations governing broadband deployment infrastructure on private property; 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 17-55, Approved, Adopting the Fiscal Year 2019 – Fiscal Year 2022 Capital Improvements Plan (D17-273 thru D17-276). After staff presentation and some discussion Councilor Kelly made a motion to approve Resolution 17- 55, adopting the Fiscal Year 2019 – Fiscal Year 2022 Capital Improvements Plan; motion was seconded by Vice-Mayor Withers. Councilor Duffy disclosed that he worked in the Fredericksburg Public School System but he was able to participate in the transaction fairly, objectively, and in the public interest. Councilors Ellis and Frye disclosed that their spouses worked in the Fredericksburg Public School System but they were able to participate in the transaction fairly, objectively, and in the public interest. The motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 17-56, Approved, First Read, Amending the Fiscal Year 2018 Budget Amendment by Transferring $75,000 from the General Fund (Fund 100) to the Fredericksburg Opportunity Fund (Fund 226) (D17- 277). After staff presentation Councilor Kelly made a motion to approve Resolution 17-56, on first read, amending the Fiscal Year 2018 budget amendment by transferring $75,000 from the General Fund (Fund 100) to the Fredericksburg Opportunity Fund (Fund 226); motion 19705 Regular Session 07/11/17 was seconded by Councilor Duffy and passed by the following recorded vote. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). Suspend the Rules. In order to place Resolution 17-56 on for second read Councilor Kelly made a motion to suspend the rules; motion was seconded by Councilor Duffy and passed by the following recorded vote. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 17-56, Approved, Second Read, Amending the Fiscal Year 2018 Budget Amendment by Transferring $75,000 from the General Fund (Fund 100) to the Fredericksburg Opportunity Fund (Fund 226) (D17-277). After staff presentation Councilor Kelly made a motion to approve Resolution 17-56, on second read, amending the Fiscal Year 2018 budget amendment by transferring $75,000 from the General Fund (Fund 100) to the Fredericksburg Opportunity Fund (Fund 226); motion was seconded by Councilor Duffy and passed by the following recorded vote. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 17-57, Approved, First Read, Amending the Fiscal Year 2017 Budget Authorizing Additional Expenditures in the Children’s Services Act Fund (Fund 741) (D17-278). After staff presentation Councilor Frye made a motion to approve Resolution 17-57, on first read, amending the Fiscal Year 2017 budget authorizing additional expenditures in the Children’s Services Act Fund (Fund 741); motion was seconded by Councilor Duffy and passed by the following recorded vote. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). Suspend the Rules. In order to place Resolution 17-57 on for second read 19706 Regular Session 07/11/17 Councilor Frye made a motion to suspend the rules; motion was seconded by Councilor Duffy and passed by the following recorded vote. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 17-57, Approved, Second Read, Amending the Fiscal Year 2017 Budget Authorizing Additional Expenditures in the Children’s Services Act Fund (Fund 741) (D17-278). After staff presentation Councilor Frye made a motion to approve Resolution 17-57, on second read, amending the Fiscal Year 2017 budget authorizing additional expenditures in the Children’s Services Act Fund (Fund 741); motion was seconded by Councilor Duffy and passed by the following recorded vote. Ayes (6). Councilors Greenlaw, Withers, Duffy, Ellis, Frye and Kelly. Nays (0). City Manager’s Report and Council Calendar (D16-279 thru D16- 280). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Fire Department Joins the “Found Rock” Craze with Rocks that Carry a Message, Fire Department Posts Recruitment Video, Midnight Madness Continues, Heritage Festival Recap, Parks, Recreation and Events Updates – Picnic in the Park, Decommissioning of the Fall Hill Avenue and Germania Street Traffic Signal, New Merchandise at the Visitor Center, Update on Caroline Street Infrastructure Project, Fredericksburg Police Department Engage with Community at Picnic in the Park, and Fredericksburg Police Department Passes VCIN/NCIC Audit. Closed Meeting Approved (D17-281). Upon the motion of Councilor Kelly, seconded by Councilor Duffy and passed by the following recorded votes, Council approved a closed session under Virginia Freedom of Information Act section 2.2-3711(A)(39) to consideration of the acquisition of real property, of a portion of the Liberty Place property at 19707 Regular Session 07/11/17 608 Amelia Street/605 William Street for public parking, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body and section 2.2-3711(A)(1) to discuss the performance of specific appointees of the City Council, specifically, the Clerk of Council and City Attorney. 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 Councilor Kelly and passed by the following recorded votes, Council approved a return to an open meeting. Ayes (7) Councilors Greenlaw, Withers, Duffy, Ellis, Frye, and Kelly. Nays (0). Resolution 17-58, Approved, Certifying Closed Meeting. Upon the motion Councilor Duffy approved Resolution 17-58 certifying the closed meeting; seconded by Councilor Kelly 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 10:27 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19708