WILLIAMSBURG CITY COUNCIL MINUTES AUGUST 11, 2011

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1 WILLIAMSBURG CITY COUNCIL MINUTES AUGUST 11, 2011 The Williamsburg City Council held its regular monthly meeting on Thursday,, at 2:00 p.m., in the Council Chambers of the Stryker Building, 412 N. Boundary 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, and Messrs. D. Scott Foster, Jr. and Douglas G. Pons. Also present were City Manager Jack Tuttle, City Attorney Christina Shelton and Council Clerk Donna Scott. Staff Attending: Assistant City Manager Jodi Miller, Economic Development Director Michele DeWitt, Communications Specialist Kate Hoving, Planning Director Reed Nester, Parks & Recreation Director Lori Rierson, Police Chief Dave Sloggie, Fire Chief Pat Dent, Human Services Director Peter Walentisch, Public Works & Utilities Director Dan Clayton, IT Director Mark Barham, and Finance Director Phil Serra. Mayor Haulman noted the Fire Department s new pumper truck which is parked in front of the building for public viewing, and asked Fire Chief Pat Dent to say a few words about the new arrival which replaces the 1988 truck. In addition to comments about the truck which will be in service by the end of next week, Chief Dent said the department is proud of the new apparatus and appreciates Council s support. He noted that all are welcome to stop by the department in the future to see the state-of-the-art vehicle. Mayor Haulman thanked Chief Dent and said the City of Williamsburg has the best fire department in the world. COUNCIL MINUTES City Council Clerk noted revisions to the Closed Session section of the minutes of the July 14 meeting. Ms. Knudson moved that the minutes of the July 11 Work Session be approved as submitted and the July 14, 2011 Regular Meeting be approved as amended. Mr. Pons seconded the motion which carried by roll call vote of 5-0. MATTERS OF SPECIAL PRIVILEGE -- None

2 BACKGROUND PRESENTATIONS/DISCUSSION Youth Achievement Program Human Services Director, Peter Walentisch, said it is a great privilege to be with the City and the Human Services Department, primarily because the Council has entrusted the lives of our citizens, both young and old, to his department s care during the different phases in their lives. He proudly introduced the group of young people in the audience who are participants in the Youth Achievement Program and noted they are our future. Mr. Walentisch added that he hopes to see a few of them working for the City in the future and maybe even be on City Council someday. Jamil Ball and Destiny Kirk spoke representing the group of participants. Jamil Ball, Henderson Street, said it has been a great summer and he has learned a lot from his participation in the Program; things that will help him later in life. Counselors taught participants how to build relationships between family members; how to pick your goals and prioritize them; how to keep a positive attitude and motivation to achieve those goals; to pay attention to what adults tell you and when they correct you, to remember it is to make you a better person so you can have a positive future. Mr. Ball said that what will stay with him and the other participants is the Three Rs : respect, role modeling and responsibility. Respect means to respect your elders and also your peers, so you treat them the way you want to be treated. Role modeling means to be a leader and not a follower; do the right things and lead others to do the same. Responsibility means to first be responsible for yourself then you can be responsible for others. Mr. Ball concluded his comments by saying the Program offered many activities, discussions and lessons. He thanked City Council for making the Program possible; the youth of the City appreciate what the Council has done for them. He also thanked Council for making him a better person. Destiny Kirk, New Hope Road, said during the past six weeks she has learned to be a better person; one way is not to be influenced by her peers, for example, not to be influenced when someone tells her to do the wrong thing instead of what she knows is the right thing to do. Ms. Kirk said one of her favorite experiences of the summer program was when they had mock job interviews. The activity taught her how to present herself in a job interview. They also enjoyed listening to their elders on the Human Services Advisory Board. They told Program participants about life when they were young and why they chose their careers. Also, at the Ropes Course at the College of William & Mary, they learned to trust their team members as well as to overcome their own fears. This was one of life s challenges that they will need to face in the years ahead. Ms. Kirk concluded her comments by saying she thanks the City of Williamsburg for giving them these opportunities and experiences. Mayor Haulman thanked both Mr. Ball and Ms. Kirk for their comments and for participating in the Program. 2

3 Mr. Walentisch said the Youth Achievement Program had an extraordinary staff and introduced those staff members as the A Team : Walesca Darce, David Goodwin, Azania Jenkins, and the program coordinator, Emilio Pesante. He added, last but not least, Sean Preston who is one of the Youth Program graduates. Mr. Walentisch said Mr. Preston graduated from Virginia State University with a degree in history, is from the Highland Park neighborhood, was an intern in the program last summer and a staff member this year. He noted that Mr. Preston has application in to the local school system. Mr. Walentisch invited all to attend the Youth Achievement Program closing ceremony tomorrow at noon in the Community Building. In response to Mayor Haulman s question, Mr. Walentisch said the first Program began in 1994 and was in partnership with the College and was called the Higher Aspirations, Wisdom and Knowledge Program (HAWK). Mayor Haulman thanked Mr. Walentisch and all the people who work with him for all their hard work; it is an important program and has had a real impact on our City youth as well as our community. He added that he hopes it is a program that can continue into the future. Mr. Freiling said it was kind that the Program participants thanked the Council because all the credit Council can take is providing the framework that allows Mr. Walentisch and the counselors to do the work to provide the program. He thanked Program participants for demonstrating a commitment to themselves and to the community; not every young person would want to commit themselves to a program in the summer when they might think more about relaxing and getting together with friends. Mr. Freiling said that although he doesn t want to sound like a counselor, there are two things he would like to share: participants in the Program will get as much out of the program as they put into it and as they apply what they ve learned after the program. He added that hopefully the younger participants will return in future summers and learn more each session. He thanked the counselors, and noted that each year the feedback Council receives from participants is extremely positive. Mr. Foster thanked staff and Program participants and wished the youth good luck when school starts. Mr. Pons said this is the second year he has enjoyed the presentation of the Youth Achievement Program participants, it is a special time for him, and he feels a great sense of pride that the City has a Human Services Department and staff to put together a program like this where it is obvious the youth get a lot out of it. He reiterated Mr. Freiling s comment that this is just the beginning and if the participants take the things learned in the program and put them into practice, the world is their oyster; keep up the good work. Ms. Knudson echoed other Council members comments and thanked all involved for their work. Ms. Knudson added that, in an era when everybody is talking about cutbacks, we are privileged to live in a community that continues to support this kind of program. 3

4 PUBLIC HEARINGS PCR #11-008: Amendment of Zoning Regulations Pertaining to Rental of Bedrooms to Roomers in Owner-Occupied, Single-Family, Detached Dwellings. Council will consider deferring this public hearing to allow Planning Commission to hold an August 17 public hearing on three alternatives. Mayor Haulman stated that as a result of the Public Hearings held by the Planning Commission, the Commission inadvertently failed to look at all the options that were put forward. He said he would take a motion for Council to defer today s Public Hearing until the Planning Commission has time to have a Hearing dealing with all the options. Mr. Freiling moved that Council defer the Public Hearing to allow Planning Commission to hold a Public Hearing at their next meeting on August 17. Ms. Knudson seconded the motion which carried by roll call vote of 5-0. Mayor Haulman asked City Attorney Shelton for clarification of the relationship between the three-person rule and the roomer regulation that allows three- or four-persons with BZA special exception. Ms. Shelton responded that the three-person limitation on occupancy is the general zoning in residential districts in the City of Williamsburg. The roomer provisions are by special exception which is an exception to the general zoning so that under certain conditions, when City Council provides for it in the Zoning Ordinance and the BZA approves it, additional individuals can live in a dwelling. She reiterated that the applicant must meet certain conditions and the special exception must be approved by the BZA. Ms. Shelton confirmed that if BZA approves the special exception, it trumps the three-person rule. Mr. Freiling suggested that if anyone came to the meeting today intending to speak to the issue, they might be permitted to speak. Although it would not be part of the formal public hearing, Council members agreed to permit speakers to comment on the issue and Mayor Haulman opened the floor for comments. Terence Wehle, 412 Harriet Tubman, said he would like to address the part regarding two roomers allowed in a dwelling; going from one roomer by right to two roomers with administrative approval, but four parking spaces are required -- two for the occupants and two for the roomers. He noted this moves from zero parking spaces required for one roomer, to four spaces required for two roomers. He said especially close to the college for students without vehicles, the housing availability could be cut back quite a bit with this requirement. Many homes don t have the footage in front of them or the space on the lot. He suggested that through the parking sticker regulations, which most of the neighborhoods have that are close to the college, would be a way to check on the number of approved roomers. If you want a car then you need to be approved for four parking spaces; if they don t have a car then they can still be allowed to live there and not have to worry about parking spaces. This would be a way to help the homeowners make some income and the students can walk or ride their bikes to the college. 4

5 Mayor Haulman thanked Mr. Wehle for his comments and suggested that he, as well as others, go to the August 17 Planning Commission Public Hearing to make their positions clear. He said the Commission will consider the issue and then make recommendations to City Council for another Public Hearing at Council s September 8 meeting. There being no additional comment the floor was closed. Mr. Freiling moved that City Council defer the Public Hearing to allow Planning Commission to hold a Public Hearing August 17 on the three alternatives. Ms. Knudson seconded the motion which carried by roll call vote of 5-0. REPORTS Monthly Financial Statement There were no additional comments regarding the Monthly Financial Statement Monthly Departmental Operating Reports Mr. Tuttle noted the finance section of the Report discusses the assessment to sales ratio which for last month was 97.8%; anything below 100% is in positive territory; sales are keeping up with assessments. This demonstrates the appropriateness of the assessments and confirms they will support budgets in the future. Another note regarding assessments is that there have been 29 assessment appeals this year and 21 last year. The appeals are first considered by the City Assessor and then go to the Board of Equalization for determination. In the public works section of the Report, the water tank off Rt. 60 in the Quarterpath at Williamsburg area, is over 60% constructed and it is expect to be fully integrated into the City s water system by the first of next year. Ms. Knudson stated that the new sidewalks on Richmond Road in front of Sorority Court looked wonderful. Ms. Knudson noted that the health insurance numbers are way down. Mr. Tuttle said that what that shows is that this year what we had projected is almost the same as what was spent for health claims; he added that the last few years we had spent more than what was projected and we had to pull out of our reserves to cover it. There are a number of new businesses in the City, and Ms. Knudson thanked Economic Development Director DeWitt for her efforts. City Attorney Report Bank Qualified Tax Exempt Financing for Tribe Square, Proposed Resolution #11-09 Ms. Shelton noted that the purpose of the requested bond is to cover costs of land acquisition and construction of the student housing portion of the William and Mary Real Estate Foundation s Tribe Square development now nearing completion on Richmond Road. The 5

6 facility will provide four ground floor spaces for rent to businesses and two stories of housing to be leased to William and Mary for student housing. In order to comply with federal tax regulations, the bond proceeds will be used to defray the costs only related to the student housing portion of the project. Ms. Shelton explained that each calendar year, the Federal Tax laws allow the City and its related entities to issue a total of not more than $10 million in bank qualified tax exempt bonds. Consequently the Economic Development Authority s issuance of the requested bank quality bond to the Foundation will reduce the amount of bank qualified financing authorized for the City for the remainder of calendar year 2011 by the $5 million or such lesser amount as is ultimately borrowed by the Foundation. Ms. Shelton noted that Nancy Buchanan, Executive Director of the William and Mary Real Estate Foundation and Michele DeWitt, Williamsburg Economic Development Director are present for any questions from Council. Mr. Freiling moved that, finding the Tribe Square project appropriate for tax exempt financing through the City of Williamsburg, the City Council approve Proposed Resolution # Mr. Foster seconded the motion which carried by roll call vote of 5-0. {Resolution #11-09} Mayor Haulman thanked Ms. Buchanan and stated that this is a terrific project and Council appreciates the Real Estate Foundation and the College of William and Mary working with the City of Williamsburg on this project; it s an ideal partnership, good for the City, the College and the Real Estate Foundation. Mr. Freiling added that it is a quality addition to the streetscape, as well as the new sidewalks, along Richmond Road. Mayor Haulman thanked City staff for their work and asked that Ms. DeWitt convey Council s appreciation to the EDA members for their good work on this project. City Manager Reports Support for Restoring Across-the-Board Cuts in Aid to Localities, Proposed Resolution #11-10 Finance Director Phil Serra briefed City Council on Proposed Resolution # He stated that for Fiscal Years 2009 thru 2012 the Commonwealth has required that all localities elect to either receive reduced funding for certain State-supported programs, or write a check to the State for the same amount of money. The City has chosen the latter for the last three years, and staff has notified the State that the City intends to write the check again in January for current FY In mid-july, staff was notified that VML and VACO are recommending that localities across Virginia do the following: Elect to spread the reductions to as many programs as possible, as opposed to simply writing a check back to the State, in effect putting more administrative burden on the State. If localities have elected to write a check for FY 2012, it is recommended to rescind that decision. 6

7 Encourage City Councils and Boards to adopt a resolution to be sent to Governor McDonnell asking him to reverse the $60 Million reduction for current FY 2012, and restore the $60 Million in each year of next year s Budget Bill for FY 2013 and FY City staff recommends complying with the recommendations from VML and VACO except for rescinding the decision to write a check back to the State for FY 2012 since it is budgeted for FY It was noted that the State shows operating surpluses for FY 2010 and FY Approval of the Resolution would show Council s support for requesting that the Governor submit a budget amendment to the 2012 session of the General Assembly to reverse the $60 Million reduction in current year FY 2012, and to eliminate the aid to localities reduction of $60 Million per year in the State s budget submitted for FY 2013 and FY Mr. Freiling asked for more detail regarding the State s surpluses. Mr. Serra reported that they are estimating FY 2011 at $311 Million surplus and FY 2010 was $403 Million surplus. Mr. Freiling noted that the Aid to Localities is about one-fifth of the State s surplus. In response to Mr. Foster s question, Mr. Tuttle confirmed this will fold into the City s Legislative Agenda later in the year. Mr. Freiling moved that City Council approve Resolution #11-10 Resolution Requesting Members of the Virginia General Assembly to Reverse the $60 Million Per Year Aid to Localities Reduction for the Current Year FY 2012, and to Eliminate the Reduction in the Budget Submitted for FY 2013 & FY Ms. Knudson seconded the motion which carried by roll call vote of 5-0. {Resolution #11-10} Williamsburg Performance Management System Mr. Tuttle stated that Mark Barham, IT Director, will be presenting the new dashboards that are available to both City staff and online to the public. Mr. Tuttle and Phil Serra, Finance Director, first put the dashboards in context to the wider Performance Management System. Mr. Tuttle began the presentation by discussing how it all relates back to City Council s goals and initiatives as well as longer-range planning. Mr. Serra spoke briefly about what has been done since 1994, noting that Mr. Tuttle became City Manager in Performance Measurements began in 1994 using manual systems that were labor intensive. In 2006, working with the ICMA s Performance Measurement division, the City joined the Virginia Performance Consortium, along with 27 other localities. This gave us the opportunity to develop a more structured performance measurement system. Mr. Barham presented more detail on the dashboards. Mr. Freiling asked how many other communities are doing the public dashboard aspect, and 7

8 Mr. Tuttle responded that there are efforts to take information and make it available to the public, but nothing exactly like this where the public has the ability to pull live data out and have it displayed on their monitor, and it s only the beginning. Mr. Freiling noted that this is a remarkable level of transparency. Mr. Foster asked that Mr. Barham spell out a few ways this saves City staff time, and Mr. Barham said just by using data obtained from the actual source saves an incredible amount of time. Mr. Pons asked what the downside is and Mr. Barham replied that he doesn t know of a downside. Mayor Haulman thanked everyone involved and noted the dashboards will always be changing according to the level of information needed by members of City departments William and Mary Student Outreach Activities Assistant City Manager Jodi Miller reviewed the 2011 William and Mary Student Outreach Activities planned to welcome new and returning College of William and Mary students. Ms. Miller said that in addition to some of the activities from past years, the City has been working in partnership with AV Adventures and the College of William & Mary to provide a new activity. The idea is to introduce the students to City businesses using the latest digital and social media techniques. The event would take place on Friday, August 26 beginning at 7:30 p.m. and will be an interactive walking tour where students travel through the downtown business district, learning about the different businesses and opportunities at those businesses. As part of the tour students will be engaged with participating businesses in a variety of different ways. Ms. Miller said each student on the tour will receive a backpack filled with information from sponsoring businesses as well as the City s retail and dining maps. In addition to the tour, AV Adventures will be working with the City and businesses to design ongoing promotions throughout the school year. She noted that at the end of the day yesterday there were ten City businesses that had signed up to participate and to be a sponsor of the tour. With the different levels of sponsorship comes a commitment of four years. Ms. Miller noted that this will be the first time the City is sponsoring this type of tour; it s a very innovative concept and she is not aware of any other college town in the country that is doing something like this. Mr. Foster said he loves the idea that over four years we will have a fully educated student population; there will be no excuse for not knowing what s downtown. Mr. Pons said he is glad the sponsorships are coming in. He said he had mentioned in the past, and hopes it will be mentioned to the group that is putting this together, that with the City s investment, it is important that there will be mention of all the City businesses in the downtown area. Mayor Haulman noted that one of the items included in the backpacks will be the EDA maps of all the City businesses. Mr. Foster clarified that every City business is open to any sponsorship. Ms. Miller noted that we would just have to be more creative in the way they are included since this is a walking tour, but, she added, there are ways to incorporate them as far as the script, the social media aspect and long-term promotion, so that any City business that is interested can be included in some way. In response to Ms. Knudson s question, Ms. Miller answered that at this point the block parties, ice cream socials and meetings with student leaders that have been done for a number of years, are not scheduled in order to try something different. One of the activities that will continue this year is the Virginia Symphony performance to be held at Lake Matoaka Amphitheater. As usual it is a free concert open to the public. UNFINISHED BUSINESS 8

9 Appointment to Boards and Commissions, Proposed Resolution #11-11 Mr. Freiling moved that City Council appoint Charles D. Brooks as Alternate to the Quarterpath Community Development Authority for a term commencing August 1, 2011 and ending July 31, Mr. Freiling also moved that Jackson C. Tuttle, II be reappointed to the Quarterpath Community Development Authority for a term commencing August 1, 2011 and ending July 31, Ms. Knudson seconded the motion which carried by roll call vote of 5-0. {Resolution #11-11} NEW BUSINESS None OPEN FORUM Mayor Haulman opened the Open Forum portion of the meeting for comments on any topic. There being no comment the Open Forum was closed. ADJOURNMENT There being no additional business before the Council, at 3:25 p.m. Mr. Freiling moved and Ms. Knudson seconded the motion to adjourn the City Council meeting of. The motion carried by unanimous roll call vote. Approved: September 8, 2011 Clyde A. Haulman, Mayor Donna Scott, City Council Clerk 9

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