WILLIAMSBURG CITY COUNCIL MINUTES NOVEMBER 12, 2015

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1 WILLIAMSBURG CITY COUNCIL MINUTES NOVEMBER 12, 2015 The Williamsburg City Council held its regular monthly meeting on Thursday,, at 2:00 p.m., in the 3 rd Floor Conference Room in the Municipal Building, 401 Lafayette Street, Williamsburg, Virginia. CALL TO ORDER Mayor Clyde A. Haulman called the meeting to order. ATTENDANCE Present in addition to Mayor Haulman were Vice Mayor Paul T. Freiling and Council members Ms. Judith N. Knudson, D. Scott Foster, Jr. and Mr. Douglas G. Pons. Also present were City Manager Marvin Collins, Deputy City Manager Jodi Miller, City Attorney Christina Shelton, and Deputy Clerk of Council Gerry S. Walton. Staff Attending: Economic Development Director Michele DeWitt, Communications Specialist Lee Ann Hartmann, Planning Director Reed Nester, Finance Director Phil Serra, IT Director Mark Barham, Human Services Deputy Director Chris Powell, Public Works Director Dan Clayton, Parks and Recreation Director Robbi Hutton, Fire Chief Pat Dent and Police Chief Dave Sloggie. COUNCIL MINUTES Mr. Freiling moved that the minutes of the October 8, 2015 Regular Meeting be approved as submitted. Ms. Knudson seconded the motion which carried by roll call vote of 5-0. MATTERS OF SPECIAL PRIVILEGE 2015 Alli Award Mayor Haulman recognized Economic Development Director Michele DeWitt and receipt of the 2015 Alli Award. Ms. DeWitt noted that the award was presented by the Cultural Alliance of Greater Hampton Roads to the City of Williamsburg s Economic Development for contributions to the cultural life of Greater Hampton Roads. Digital City Award Mayor Haulman recognized IT Director Mark Barham and receipt of the Digital City Award. Mr. Barham said this is the third year in row that the City has been recognized by the Center for Digital Government which is a national print/digital media conglomerate that publishes the awards which focus on local government.

2 PUBLIC HEARINGS Public Comment Appointment to Williamsburg James City County School Board Mayor Haulman said the public comment period is to hear comments from citizens about the three candidates for the School Board position and to accept additional nominations for the position. He noted a number of communications regarding the candidates have been received and will be added into the record as well as speakers at this meeting. Received to date have been letters in support for Linda Hertzler from David Watson, Donald Koehler, Susan Branch Smith, and Christopher Del Negro. In support of Delores Bagby: Joseph Fuentes, Tinsley Goad, and Mary K. Goad. Prior to opening the Public Hearing, Mayor Haulman asked Ruth Larson, current member of the School Board and past Chairman, to speak. Ms. Larson commended outgoing Williamsburg representative on the School Board, Elise Emanuel, for the outstanding job she has done and how proud the City should be of her; hers are big shoes to be filled. Ms. Larson thanked Council for her appointment and thanked Ms. Emanuel for her service to the joint School Board. Mayor Haulman opened the Public Hearing noting he has a number of speaker s cards but a card is not necessary to speak. He asked comments be kept to three to five minutes. Speaking in support of candidate Julie Hummel were: 1. Bob Welsh 2. Todd Mooradian 3. Susan Barton 4. Elise Emanuel Candidate Julie Hummel introduced herself and said she is looking forward to talking with Council about the School Board position. She added that she thinks Council cannot go wrong with the appointment of any of the three candidates. Speaking in support of candidate Linda Hertzler were: 1. Michael George, Ms. Hertzler s brother 2. Winston Sheppherd 3. Caroline Corney 4. Joe Hertzler, Ms. Hertzler s husband 5. Bob Lane Speaking in support of candidate Delores Bagby were: 1. Clarence Wilson spoke as president of the 500 member York/James City/Williamsburg NAACP, a number of whom are City residents. He said at their recent meeting, the branch members approved support of Ms. Bagby. 2. Kiara Earle 3. Marie Whit 4. Reverend Robert Whitehead 5. Dr. John Whitley 6. Kocker Keppee Candidate Delores Bagby introduced herself and said she is honored to be considered as a member of the School Board. Ms. Bagby said she would give 110% if appointed, and agreed with Ms. Hummel that any of the three candidates will do a great job. Page 2 of 10

3 Mayor Haulman thanked everyone in attendance and for those who spoke in support of the candidates. He noted the critical nature of the School Board position and that the City representative will be announced at the December 10 City Council meeting. PCR #15-024: Repeal and Reenact the Zoning Ordinance Floodplain Regulations, Proposed Ordinance #15-25 Zoning Administrator Rodney Rhodes presented mandatory changes to the City s Floodplain Regulations required by the National Flood Insurance Program. The National Flood Insurance Program enables property owners in participating communities to purchase insurance protection against losses from flooding. If the City does not adopt the regulations, City residents will not have the opportunity to purchase flood insurance. Although staff is not aware of any buildings that are in the 100 year floodplain, approximately three dozen residents have flood insurance. In addition, if the City does not participate in the National Flood Insurance Program, we will not be eligible for any federal funds for any future natural disaster, be they flood related or not. The proposed revisions to the regulations were drafted from the model ordinance from the Virginia Department of Conservation and Recreation (DCR) and exceed the minimum requirements by having an 18-inch freeboard (height above flood level) for residential and non-residential structures and includes language that makes a repetitive loss structure substantially damaged. Staff is not aware of any structures that would be impacted by these requirements and the new language may reduce insurance rates. Mayor Haulman opened the Public Hearing. There were no comments and the Public Hearing was closed. Mr. Freiling moved that City Council approve Proposed Ordinance # Mr. Foster seconded the motion which carried by roll call vote of 5-0. {Ordinance #15-25} Quarterpath Road Vacation and Conveyance VAC #15-001: Request of Battery Boulevard Associates LLC to Vacate a Portion of Quarterpath Road, Proposed Ordinance #15-24 Planning Director Reed Nester presented the request for the vacation of 13,112 square feet of the Quarterpath Road right-of-way. The vacated portion will be added to the existing five (5) acre Cokes Mill property, which is owned by the applicant, and is planned for future commercial development. City Council s practice in the past was to sell vacated rights-of-way (primarily paper streets) to the adjoining property owners for 25% of the value established by the City Assessor. The assessed value for the right-of-way to be vacated as determined by the City Assessor is $87,000 ($290,000 per acre). This case is different because Quarterpath Road is an improved street at this location, Page 3 of 10

4 but with excess right-of-way. After talks with the applicant, City staff felt that 25% was too low and that a fair price for the vacated right-of-way is $30,000, which is 34.5% of the value established by the City Assessor. Mr. Nester said that staff recommendation is that Council approve Proposed Ordinance #15-24, which will vacate a portion of the Quarterpath Road right-of-way, and, a separate action, to approve the Conveyance of the Vacated/Unimproved Portion of Quarterpath Road to Battery Boulevard Associates, LLC for a consideration of $30,000. Mayor Haulman opened the Public Hearing. There were no comments and the Public Hearing was closed. Council members discussed the value of the property, the importance of keeping in mind the appearance of the City and whether the price, $30,000, is appropriate. Mr. Freiling moved that City Council approve Proposed Ordinance #15-24, which will vacate a portion of the Quarterpath Road right-of-way. Mr. Foster seconded the motion which carried by roll call vote of 5-0. {Ordinance #15-24} Mr. Freiling moved that City Council approve the conveyance of the vacated/unimproved portion of Quarterpath Road to Battery Boulevard Associates, LLC for a consideration of $30,000. Mr. Pons seconded the motion which carried by roll call vote of 5-0. REPORTS Monthly Financial Statement The Monthly Financial Statement was included in the meeting packet. Monthly Departmental Operating Reports The Departmental Operating Reports were included in the meeting packet. City Manager Reports FY2015 School Year-End Spending Plan, Proposed Resolution #15-20 Mr. Collins noted that the current City/County School Contract includes a provision that states that local school funds unexpended in any year shall become part of the appropriated funds of the City and County for the School Board for the following year. However, based on a spending plan Page 4 of 10

5 submitted by the School Board, unexpended local funds at year end may be appropriated by the City and County for school purposes beyond those previously funded. The Williamsburg-James City County School Board has submitted a spending plan for the excess FY 2015 operating revenues over expenditures that represents the City s share of the total local funding of 9.68%. The School Board s spending plan would fund eight (8) replacement school buses and one (1) new school bus for New Horizons, as well as social studies textbooks. The City has booked the amount as receivable and reduced the City s FY 2015 school operating contribution accordingly. Mr. Collins concluded his comments by recommending that the City fully fund its portion of the School Board s year-end spending plan. Proposed Resolution #15-20 would appropriate funding for bus replacements and textbooks in the City s Sales Tax Fund for FY 2016 in the amount of $123,887. Council members endorsed the need for keeping up with bus replacements and textbooks. Ms. Knudson asked if there is a plan for when ipads will be supplied to everybody in the schools; textbooks are very expensive and lose their value almost as soon as they are published. Deputy Superintendent of Schools, Olwen Herron, responded that a slow path is being pursued on a oneto-one program for the students, currently the one-to-one program is at the middle school and two more middle schools will be added this year. Mr. Foster moved that City Council approve Proposed Resolution #15-20 FY2015 School Year- End Spending Plan. Ms. Knudson seconded the motion which carried by roll call vote of 5-0. {Resolution #15-20} Legislative Issues for the 2016 General Assembly, Proposed Resolution #15-18 Mayor Haulman noted that Council heard a substantive presentation and discussion at their work session on Monday when staff was given direction on priorities. Deputy City Manager Miller presented the proposed agenda that contains twelve legislative priorities arranged under three categories. Following Council direction at the work session, the cover letter will include the top legislative priorities for The top priorities are: Funding for Public Education Interstate 64 Widening Project Tourism Promotion Funding Cost of Water Quality Mr. Freiling raised an issue that although he does not think belongs on the list of priorities, it is something he would like to bring up when Council meets with the legislative representatives: tax forgiveness for spouses of active military killed in the line of duty. He noted that as far as he Page 5 of 10

6 knows the majority of families where a spouse is killed in combat do not own their home; basically it is a more transient population with reassignments every couple of years. The tax forgiveness for real property is only available if the family owns their home, there is nothing if they rent. Mr. Freiling suggested that a qualified home owner could be given tax forgiveness on real property according to the provisions of the ordinance, and if they rent, some consideration will be made on their state income tax. This would level the playing field where one sacrifice is not valued differently than another. Mr. Foster noted one of the priorities, Regulating Internet-Based Services and Ms. Shelton clarified that there are some technical amendments that need to be made with how the information is reported from the Department of Motor Vehicles, particularly for Uber and Lyft type businesses that are regulated by the State, but are still businesses in our jurisdiction. Mr. Foster said he appreciates the intent and agrees with it, but this is not what the priority bullet says. He suggested the priority be changed by replacing the word regulate. We are asking for information, not necessarily for regulation. Mayor Haulman added he thinks the State needs to review the whole regulatory structure as it interfaces with the sharing economy and come up with a model that will work for traditional businesses as well as sharing economy businesses to create a level playing field. Mr. Pons noted the Tax Policy Reform priority regarding internet sales of hotel rooms and said the internet is the common denominator in this unregulated enterprise. He suggested that maybe the broader discussion should be how to make more equitable what happens on the internet and what happens in land-based businesses. Mr. Freiling suggested appropriate wording, amending the list of legislative priorities to reflect today s discussion. Ms. Knudson moved that City Council approve Proposed Resolution #15-18 as modified supporting certain local and state legislative priorities, and that a cover letter with the top priorities, adopted resolution, and full legislative agenda be sent to the City s legislative delegation prior to the December meeting. Mr. Freiling seconded the motion which carried by roll call vote of 5-0. {Resolution #15-18} Revenue Sharing Funds for FY17, Proposed Resolution #15-19 City Engineer Aaron Small presented Proposed Resolution #15-19 which would authorize the City Manager to proceed with applying for VDOT Revenue Sharing funds for resurfacing certain City streets in spring The Revenue Sharing funds would supplement the City s annual street resurfacing program. The following streets, which are not in any priority order, are scheduled to be resurfaced in spring 2017 should the City receive full funding from VDOT: Francis Street York Street from Waller to Tri-corner South Boundary Street Francis Street to South Henry Street Ireland Street Page 6 of 10

7 South Henry Street College Creek to Route 199 Bypass Road Corporate Limit to Capitol Landing Road Holly Hills (the section not paved in 2015) Richmond Hill Piney Creek Estates This list may change depending on the severity of this winter s weather and whether another street needing maintenance becomes obvious. Mr. Collins added that the cost of resurfacing is also a factor. Mr. Pons noted the poor condition of Lafayette Street and Mr. Small said it is on this spring s schedule. Revenue Sharing funds require a match from the locality of 50% and based on the planned improvements, the cost is estimated at $1,000,000, with the City s share being $500,000. Mr. Small noted that the funding program is competitive among local governments and there is no assurance the City will be approved for the funds; the City has received Revenue Sharing funds each year since 2011 and he feels our chances of receiving funding this year are good. In response to Mr. Freiling s question, Mr. Small said the revenue sharing program is in the process of being scaled back in favor of the HB 2 legislation. In the five to ten year range, predictions are that the program will be reduced from $189 million to about $50 million. Mr. Freiling moved that City Council approve Proposed Resolution #15-19 authorizing the City Manager to proceed with applying for FY17 VDOT Revenue Sharing funds and to execute all necessary documents relative to carrying out the Revenue Sharing program. Mr. Foster seconded the motion which carried by roll call vote of 5-0. {Resolution #15-19} Planning Commission Representative on Architectural Review Board Planning Director Reed Nester reported that Planning Commission Chair Demetrios Florakis, who also serves as the Commission s representative on the Architectural Review Board, is not able to serve on the ARB for the remainder of Mr. Florakis requests that Planning Commission member Jeffrey Klee be appointed to serve as Planning Commission s representative on the Architectural Review Board for the remainder of In addition, Mr. Nester said that currently the Commission recommends to City Council the appointment of a Planning Commission member as their representative on the Architectural Review Board. It would be a simpler procedure if the Architectural Review section of the Zoning Ordinance was amended to have the Planning Commission representative chosen by the Chair of the Planning Commission, as is the case with other Planning Commission board and committee representatives. Mr. Nester presented a draft ordinance changing the appointment procedure for Planning Commission s representative on the Architectural Review Board and recommended that Council refer the draft ordinance to the Planning Commission for review and recommendation. Page 7 of 10

8 In response to Mr. Freiling s question, Mr. Nester confirmed that since 1991 when the ordinance was written, Council has appointed to the ARB the person recommended by the Planning Commission. Mr. Freiling noted that changing the ordinance to have the Planning Commission directly appoint their representative to the ARB would remove a lot of red tape. Mr. Pons said he does not want to tie Council s hands in the future if there is an issue. Mr. Nester confirmed that the ordinance could always be changed back if Council found it necessary. Mr. Freiling moved that City Council appoint Jeffrey Klee as Planning Commission s representative on the Architectural Review Board for a term expiring on December 31, Mr. Foster seconded the motion which carried by roll call vote of 5-0. Mr. Freiling moved that City Council refer the draft ordinance changing the appointment procedure for Planning Commission s representative on the Architectural Review Board to Planning Commission for review and recommendation. Mr. Pons seconded the motion which carried by roll call vote of 5-0. City Attorney Report -- None UNFINISHED BUSINESS -- None NEW BUSINESS Quarterpath Community Development Authority Appointment, Proposed Resolution #15-21 Mr. Freiling moved that City Council adopt Proposed Resolution #15-21 appointing Charles D. Brooks to the Quarterpath Community Development Authority for a term to expire July 31, Ms. Knudson seconded the motion which carried by roll call vote of 5-0. {Resolution #15-21} OPEN FORUM Mayor Haulman opened the Open Forum portion of the meeting for comments on any topic. Gary Shelly, 205 Indian Springs Road, said he was speaking not only for himself but for other residents who have been upset about numerous illegal intrusions by City personnel onto or into Page 8 of 10

9 their properties. Mr. Shelly acknowledged a recent letter from Mayor Haulman and thanked him for assurances as noted in the letter. Mr. Shelly noted the absence of minutes for a City Council Retreat years ago and said a culture of accountability must be established. He said he does not intend to speak again about the Christophersen property, but there are other issues that he previously brought to Council s attention that need to be addressed and he will persist until they are responded to. There being no additional comment, the Open Forum was closed. CLOSED SESSION At 3:56 p.m. Mr. Freiling moved that City Council go into Closed Session pursuant to Section of the Code of Virginia for the purpose of two property matters per subparagraph 3 regarding acquisition of property for economic development of which discussion in an open meeting would adversely affect bargaining or negotiation strategy of public body; and disposition of City owned property of which discussion in an open meeting would adversely affect bargaining position or negotiating strategy of public body. The motion was seconded by Ms. Knudson and carried by roll call vote of 5-0. Aye: Haulman, Knudson, Foster, Pons, Freiling Absent During Vote: None Absent During Meeting: None At 5:20 p.m., Council returned to Open Session and Mr. Freiling moved to certify the Closed Session. CERTIFICATION OF CLOSED MEETING Date: Motion: Mr. Freiling Second: Ms. Knudson WHEREAS, the City Council of the City of Williamsburg has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section of the Code of Virginia requires a certification by the Committee that such meeting was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED that the City Council of Williamsburg hereby certifies that, to the best of each member's knowledge, (i) only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting to which this certification resolution applies, and (ii) only such public business matters as were identified in the motion convening the closed session were heard, discussed or considered by the City of Williamsburg. Page 9 of 10

10 Aye: Haulman, Knudson, Foster, Pons, Freiling Absent During Vote: None Absent During Meeting: None ADJOURNMENT There being no additional business before the Council, at 5:21 p.m. Ms. Knudson moved to adjourn the City Council meeting of. Mr. Pons seconded the motion which carried by unanimous roll call vote. Approved: December 10, 2015 Clyde A. Haulman, Mayor Gerry S. Walton Deputy Clerk of Council Page 10 of 10