City Council

Public Hearing 03/13/18 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 13, 2018 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, March 13, 2018, beginning at 7:51 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, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Economic Development Director Bill Freehling, Director of Planning and Building Services Charles Johnston, Budget Manager Deidre Jett and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D18-84). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Amending the City Code to Require Satisfactory Evidence of the Payment of All Delinquent Real Estate Taxes and Other Charges that Constitute a Lien on Property, Prior to Final Approval of Zoning, Building, and Erosion and Sediment Control Permits (D18-84). 1 speaker. Staff gave a brief description stating that the Unified Development Ordinance requires the payment of all outstanding taxes for an application to be determined complete for a zoning 19899 Public Hearing 03/13/18 map amendment, special exception, special use permit, variance, or other land disturbing permit. Staff was proposing to shift the requirement for the payment of taxes from the submittal of these types of applications to final approval of these applications. It is also proposed to add Building Permits (requiring Zoning Administrator approval) to the applications requiring payment of taxes. These amendments would allow the City to foster the development or redevelopment of parcels with outstanding tax levies, while preserving the opportunity to obtain taxes due. Rene Rodriguez, 1514 Prince Edward Street, spoke in opposition of this proposed amendment. He stated that this encourages people not to fulfill their obligation of paying their taxes. He said these taxes were needed so the City could do its business. He said the Community needed to be vested in taking care of their obligations. Councilor Kelly asked for clarification on whether this changed the normal process of collecting delinquent taxes and Mr. Johnston said it did not. Mayor Greenlaw added that if someone ignored the City’s attempt to collect taxes and they find a buyer for the property then the property could not be settled until the taxes were paid. Vice-Mayor Withers expressed concerns on this in regards to larger tracts, he understood how this could be beneficial for smaller tracts but not for larger pieces of land. Vice-Mayor Withers said he would like to defer action until staff could research and report back on how this would affect larger projects. Councilor Frye informed the public that there were options out there for those who help with their taxes. He encouraged people to contact the Treasurer to see what options were available. Council did not object to deferring this item until the March 27, meeting. 19900 Public Hearing 03/13/18 Adjournment. There being no more speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 7:53 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19901 Public Hearing 03/13/18 [This page intentionally left blank.] 19902 Regular Session 03/13/18 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 13, 2018 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, March 13, 2018, 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. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Economic Development Director Bill Freehling, Director of Planning and Building Services Charles Johnston, Budget Manager Deidre Jett 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 Jonathan Piersol at this evening’s meeting. Legislative Update – Delegate Bob Thomas – Delegate Thomas stated that he had meet with staff to see what the City’s legislative priorities were so he could take them to the General Assembly and try to get some action on them. He said he looked forward to learning more about the City, he served on the Board of Supervisors in Stafford 19903 Regular Session 03/13/18 before being elected as a Delegate. He noted that a couple bills were passed and that after a safety study was completed on Route 17 and Route 3 some areas of the roadway the speed limit may be increased to move traffic. He also had a cyber security bill that passed. Delegate Thomas also informed the City of a bill that passed regarding drones it would allow the police to use drones without a search warrant to reconstructing traffic accidents. With the use of the drone, the police believe, they would be able to clear accidents hours faster. He also noted that there were complaints on the way the current smart scale system was working so they will be working on getting that changed. He said the Governor had given them about 80 percent of the reforms requested for Medicaid. He hoped the changes to Medicaid would create some balance in other areas of the budget. Councilor Devine thanked Delegate Thomas for coming and giving a briefing on the General Assembly. Councilor Frye stated that he was passionate about crime and safety and he informed Delegate Thomas that he would like to talk with him about the gun giveback program and discuss how he could possibly expand the program. Delegate Thomas said they passed a lot of laws on allowing retired officers to serve as school officers. Vice-Mayor Withers thanked Delegate Thomas and he noted that it was a pleasure to have someone who had served on local government in office. Mayor Greenlaw thanked Delegate Thomas for listening to the City and for working on the Medicaid bill. Public Hearings (D18-84). 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. 19904 Regular Session 03/13/18 Council Agenda Presented. There were no items presented to Council for discussion. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D18-85 thru D18-88). In regards to Item 8B re-appropriation for schools, Councilor Duffy disclosed that he was a member of a business profession, occupation or group of three or more members affected by the transaction and Councilor Frye disclosed that his spouse was a member of a business profession, occupation or group of three or more members affected by the transaction, but that were able to participate in the transaction fairly, objectively and in the public interest. 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 (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Ordinance 18-04, Second Read, Approving a Non-Exclusive Franchise to Fredericksburg Tours, LLC, to Provide Walking Tours of Fredericksburg (D18- 85). • Resolution 18-23, Second Read, Amending the Fiscal Year 2018 Budget for a Re- Appropriation for the Fredericksburg City Public Schools (D18-86). • Resolution 18-29, Authorizing the Mayor to Execute a Joint Agreement Between the Jurisdictions in the Workforce Investment Area to Form a Consortium Under the Federal Workforce Innovation and Opportunity Act (D18-87). • Transmittal of Board and Commission Minutes o Planning Commission – January 10, 2018 (D18-88). 19905 Regular Session 03/13/18 Adoption of Minutes (D18-89). Councilor Devine moved approval of the January 16, 2018 Work Session minutes and February 27, 2018 Public Hearing and Regular Session minutes; 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). Board of Zoning Appeals Appointment – Dr. Roy Gratz (D18-90). Councilor Kelly made a motion appointing Dr. Roy Gratz to the Board of Zoning Appeals; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Cable Commission Appointment – Dennis David (D18-91). Councilor Devine made a motion appointing Dennis David to the Cable Commission; 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). Fiscal Year 2019 City Manager’s Recommended Operating & Capital Budget (D18-92). City Manager Baroody presented the Fiscal Year 2019 budget. The proposed general fund budget for FY 2019 was $96,050,000, which was an increase of 2.75% over the FY 2018 original adopted budget. The proposed budget did not include any tax rate or fee increases. The budget document also included recommendations for the stormwater management, Social Services, Children’s Services Act, transit, parking, blight abatement, and the Celebrate Virginia South Community Development Authority funds. He said recommendations for the water and wastewater operating and Capital funds would be released soon. 19906 Regular Session 03/13/18 Staff also recommended in the proposed budget a 1.5 percent increase for full and part-time employees effective the first full pay period in November. Departments requested 13 new positions in the FY 2019 budget but the recommended budget only included four full-time positions: 1 police officer, two EMS positions and one Assistant Voter Registrar. There would also be salary funding for the Commonwealth Attorney’s office due to the significant turnover of prosecuting attorney’s. The proposed budget also includes a recommended increase to Fredericksburg City Public Schools by $500,000. With the proposed increase the transfer to schools would be $28,844,710 an increase of 1.75% over FY 2018. The City’s regional partners would receive level funding with a few exceptions for formula based increases. For more detailed information please see D18-67. City Manager’s Report and Council Calendar (D18-93 thru D18-94). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Fredericksburg Police Department Releases Recruitment Video Targeting Military Veterans, “Stop the Bleed” Campaign Launched, New Kiosks Installed, the 2018 Summer Camp Brochure, the 67th Annual Fredericksburg Fine Arts Show and Sale, Windstorm Damage, Doggie Easter Egg Hunt and Special Windstorm Refuse Collection. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:27 p.m. 19907 Regular Session 03/13/18 Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19908 Regular Session 03/13/18 Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19909 Regular Session 03/13/18 19910