WILLIAMSBURG CITY COUNCIL MINUTES July 11, 2013

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1 WILLIAMSBURG CITY COUNCIL MINUTES 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, Of Counsel to the City Attorney s Office Joe Phillips substituting for 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, Public Works & Utilities Director Dan Clayton, Human Services Director Peter Walentisch, Finance Director Phil Serra and Commissioner of Revenue Judy Fuqua. COUNCIL MINUTES Mr. Freiling moved that the minutes for the June 10 Work Session and the June 13, 2013 Regular Meeting be approved as submitted. Ms. Knudson seconded the motion which carried by roll call vote of 5-0. Recorded Vote on the Motion: Aye: Knudson, Pons, Haulman, Freiling, Foster MATTERS OF SPECIAL PRIVILEGE Excellence in Service to Williamsburg presented to Deputy Commissioner of Revenue, Phyllis M. Rosen Mayor Haulman presented the Excellence in Service award to Phyllis M. Rosen noting that this award is made even more special because it signifies recognition by her peers. He said Phyllis has faithfully and effectively served the Williamsburg public for twenty years and as Deputy Commissioner of Revenue, is responsible for all aspects of personal property tax administration, including assisting residents with vehicle registration; setting up personal property tax books and preparing and printing tax bills. She issues business licenses, processes state income taxes and remits various reports to the Commonwealth. Phyllis works well under stress always maintaining a pleasant disposition, and her genuine upbeat and caring attitude results in superior customer service and effective teamwork. As an exceptional employee and representative of the City, Phyllis is recognized for her dedication to excellence in keeping with the best traditions of public service in the City of Williamsburg.

2 After a standing ovation by the audience which included numerous staff members and her husband Steve, Phyllis accepted the proclamation with gratitude to her coworkers and said it is because of them and their welcoming support that she is receiving this award; it is a great honor. Other Recognitions Mayor Haulman announced that two City employees received awards for excellence at the June Peninsula Crime Line Awards Ceremony: Police Investigator Lang Craighill was the recipient of the Peninsula Crime Line 2013 Salute to Law Enforcement Award for his work on a cold case identifying and leading to the arrest of a decade old rape and abduction suspect through the use of DNA and excellent police work; and City Attorney Christina Shelton received the 2013 Peninsula Crime Line Salute to Law Enforcement Civilian Award for her efforts to protect some of the City s most vulnerable citizens, its children. In working with the courts and local community partners she has been instrumental in protecting children from harm and neglect by creating safer environments and providing support to at-risk families. Mayor Haulman also commended the City s Green Team led by Assistant City Manager Jodi Miller, as well as the commitment of businesses and residents for their part in the recognition received from NerdWallet, a consumer advocacy website based in San Francisco. NerdWallet recognized Williamsburg for its commitment to environmental responsibility and sustainability as one of the ten most innovative green cities with successful green initiatives that involve the whole community. PUBLIC HEARINGS 2013 Comprehensive Plan Implementation - Miscellaneous Changes, Proposed Ordinances #13-23 to # PCR #13-019: Revise RS-2 District to Reduce Cluster Subdivision Density from 6 to 5 Dwelling Units/Net Acre. Proposed Ordinance # PCR #13-020: Revise PDR District to Reduce Residential Density from 6 to 5 Dwelling Units/Net Acre when Rezoning from RS-2 District. Proposed Ordinance # PCR #13-021: Rezone 36.8 acres at 951 South Henry Street from WM to RS-1. Proposed Ordinance # PCR #13-022: Rezone 36.8 acres at 190 Strawberry Plains Road from RS-2 to WM. Proposed Ordinance # PCR #13-023: Revise Archaeological Review Districts Map to Expand the Areas Subject to Archaeological Review. Proposed Ordinance # Mr. Nester noted the 2013 Comprehensive Plan was adopted by City Council in January 2013, and the five cases noted above implement the Plan s recommendations for miscellaneous changes. Mr. Nester reviewed the cases, PCR # # RS-2 SINGLE-FAMILY DWELLING DISTRICT RELATED CHANGES Two changes bring the zoning regulations into agreement with the Medium Density Single- Family Detached Residential land use category, which has a maximum residential density of five dwelling units/net acre: 2

3 1. PCR #13-019: Revise the cluster subdivision requirements for the RS-2 District to reduce the maximum density allowed for single-family cluster subdivisions from six to five dwelling units/net acre. Cluster subdivision approval requires a special use permit. 2. PCR #13-020: Revise the density requirement for the PDR Planned Development Residential District to reduce the maximum density allowed when rezoning from an RS-2 District from six to five dwelling units/net acre. CITY/COLLEGE LAND EXCHANGE PROPERTY CHANGES Two zoning map changes bring the zoning regulations into agreement with the Future Land Use map for properties that were exchanged in 1996 between the City and the College of William and Mary. 1. PCR #13-021: Change the WM William and Mary District at 951 South Henry Street to RS-1 Single-Family Dwelling District. This property is owned by the City and is designated Conservation Area and Sensitive Environmental Area land use. It is the future location of the Papermill Creek Passive Park, which is a permitted use in the RS-1 District. 2. PCR #13-022: Change the RS-2 Single-Family Dwelling District at 190 Strawberry Plains Road (behind Berkeley Middle School) to WM William and Mary District. This property is owned by the College of William and Mary and is designated William and Mary land use. ARCHAEOLOGICAL REVIEW DISTRICT EXPANSION The 1989 Comprehensive Plan recommended establishment of Archaeological Review in the City, and this was added to the Zoning Ordinance in Five Archaeological Preservation Districts were initially designated. The districts were established to ensure that archaeological resources in the City are studied and based on the findings of the study, significant resources are either preserved or recovered through a resource management plan. The archaeological preservation areas have been re-evaluated with assistance from Colonial Williamsburg s Department of Architectural and Archaeological Research. New and re-adjusted districts are recommended as PCR # PCR #13-023: Amend the Zoning Ordinance by revising the Archaeological Review Districts Map (Sheet 3 of the Official Zoning Map) to expand the areas subject to archaeological review [Sec ] as recommended by the 2013 Comprehensive Plan. Archaeological protection districts are established to ensure that archaeological resources in the city are studied and, based on the findings of the study significant resources are either preserved or recovered through a resource management plan. The following properties are proposed to be added to the archaeological protection districts: 1010 Jamestown Road; 300 Holly Hills Drive; 801(portion), 911 and 951 South Henry Street; land between College Landing Park and Route 199 ( Magnolia Avenue, Westmoreland Avenue, Rockbridge Avenue); 315 (portion), 601>609, 640, 651 (portion) and 1051 South England Street; 138 York Street; and 924, 927, 929, 931 (portion) and 942 Capitol Landing Road. 3

4 At their June meeting, Planning Commission held a Public Hearing on the five cases and recommended approval of implementation by a 4-0 vote. In response to Mr. Foster s question, Mr. Nester said with the expansion of the archaeological review area, there could be specific archaeological studies required. There have been many archaeological surveys done and in some cases there would be a determination that no further work needs to be done and in some cases there would need to be a Phase 1 study done which involves a paper review of the resources with limited field work. If resources are revealed during this study, a Phase 2 and/or a Phase 3 would proceed with more field work. Council discussion included questions about the expanded archaeological review area and the area including Redoubt Park where the Confederate counter attack occurred but is not included in the expanded area. Mayor Haulman asked if there is a reason to extend it into that area. Mr. Nester responded that there have been other archaeological surveys of the Colonial Williamsburg property and it is felt that with the survey work already done as well as the fact that the Quarterpath at Williamsburg Riverside rezonings were done based on the original archaeological boundaries, further extension is not necessary. Mayor Haulman opened the Public Hearing for comments on PCR # through PCR # There being no comment the Public Hearing was closed. In response to Council questions, Mr. Nester confirmed that there have been archaeological studies done on the area to the east of Redoubt Park and staff is satisfied that no further extension of the review area needs to be done. He added that if we want to expand the areas beyond what is shown on the map, we will need to re-advertise. Council members continued discussion about the significance of that section of property where Civil War battles took place such as the Battle of Williamsburg and the Bloody Ravine, and Mr. Pons noted that a lot of communication has been received from Civil War enthusiasts who believe there is more in that area than what has been identified through the research to date. Mayor Haulman suggested that Council ask the Planning Commission to review the possibility of extending the archaeological review area to include this property. Mr. Freiling suggested review of the existing surveys be undertaken at the staff level with Mr. Nester returning with a more in-depth explanation of what has been considered prior to Planning Commission involvement. Although he is not saying this is true, Mr. Pons said that some of the fears he has heard have been that developers, being interested in developing, will find as little as possible upon their archaeological review. Mr. Foster added that we have enabled the development of that property and knowing as much as we can while that happens is our due diligence. Mr. Freiling asked Mr. Tuttle, a Civil War aficionado, if he might be able to add something as to what has taken place in that area and to what extent the property has been surveyed. Mr. Tuttle responded that the survey work was done by Riverside at the time of the purchase from Colonial Williamsburg and coming forward. There was nothing significant that came out of that survey with regard to the Civil War activity. He said we do know that the area in question was the site of a battle, but there was no encampment there and what 4

5 would be found in the area would be something left on the battle field from the four or five hour period of fighting on May 5, Mr. Tuttle noted that this is very different from a camp site where items might accumulate over time. Although non-professionals have found certain relics there over time, there have been no foundations, structures or that type of finding. It is an important site, but how important it is archaeologically is another question. Mayor Haulman said he would be comfortable moving forward with approval with the inclusion of the question of whether it is worth taking a second look at the archaeological review expansion. Mr. Freiling moved that City Council approve the implementation of PCR #13-19, Proposed Ordinance #13-23; PCR #13-20, Proposed Ordinance #13-24; PCR #13-21, Proposed Ordinance #13-25; and PCR #13-22, Proposed Ordinance # Ms. Knudson seconded the motion which carried by roll call vote of 5-0. Recorded vote on the Motion: Yes: Haulman, Freiling, Knudson, Foster, Pons {Ordinances: #13-23, 13-24, 13-25, 13-26} Mr. Freiling moved that City Council adopt Proposed Ordinance #13-27, and ask staff to look into the value of further archaeological surveys in the areas surrounding Redoubt Park. Ms. Knudson seconded the motion which carried by roll call vote of 5-0. Recorded vote on the Motion: Yes: Haulman, Freiling, Knudson, Foster, Pons {Ordinance #13-27} PCR #13-024: Revise Security Payment for Private Signs in Public Right-of-Way, Proposed Ordinance #13-28 Mr. Nester presented the proposed revision to the Sign Regulations section of the Zoning Ordinance which establishes provisions for placing private signs on the public right-of-way. City Council approval is required, as well as maintenance of an insurance policy and provision of a security payment (bond, letter of credit, or certified check) to cover the cost of removing the sign. In a memorandum from the City Manager he suggested that, in response to a request from a Williamsburg business owner, Planning Commission consider a recommendation to City Council to amend the Zoning Ordinance by revising the Sign Regulations to provide that deposits/security be released in cases where the sign has been in place for ten or more years, and when the City has not initiated any action calling for the termination of the permit. The City Manager states in his memorandum that he considers the risk to the City for costs associated with removal of the signs in such cases to be very low, and further, this proposed change would reward successful, long-standing City businesses for their demonstrated contribution to the community. 5

6 Mr. Nester noted that when there is a wide right-of-way, the associated business is at a disadvantage if the sign is required to be set back out of the right-of-way. Since this section was established in November 2000, City Council has approved eight signs to be located in a public right-of-way: Second Street Bistro 140 Second Street April 12, 2001 Beach House Grill (replaced) 322 Second Street December 12, 2002 South of the Border 322 Second Street April 8, 2004 Country Hearth Inn & Suites 924 Capitol Landing Road December 13, 2001 Colonel Waller Motel (not installed) 917 Capitol Landing Road November 12, 2004 Capitol Landing Center Capitol Landing Rd January 12, 2006 Parkway Apartments 416 Merrimac Trail September 14, 2006 Quality Suites (removed) 1406 Richmond Road January 10, 2002 Mr. Nester noted that with the proposed change, the waiver would not be mandated but the City Manager would have the option to waive the security deposit after ten years under the conditions as outlined in the proposed ordinance. If a business has been successful for ten years the assumption is that they are a viable business and if they were then to go out of business they would have the financial resources to remove their sign. A motion to recommend approval of a change to the sign regulations failed on a vote of 2-2 at the Planning Commission meeting on June 19, This case is therefore forwarded to City Council without a recommendation from the Planning Commission. In answer to Mr. Freiling s question, Mr. Nester said the signs in question are not intruding into the right-of-way, the issue is that the right-of-way is very wide resulting in less effective placement of signage far off the street. Mayor Haulman stated the amendment seems to be a fair and balanced way to deal with this issue; it protects the City and also recognizes the commitment the business has made. Mayor Haulman opened the Public Hearing for comments regarding PCR #13-024, Proposed Ordinance # There being no comment the Public Hearing was closed. Ms. Knudson moved that City Council approve the change to the sign regulations to authorize the City Manager to waive the security deposit for signs in a public right-of-way if certain conditions are met, as detailed in Proposed Ordinance # Mr. Freiling seconded the motion which carried by roll call vote of 5-0. Recorded vote on the Motion: Yes: Haulman, Freiling, Knudson, Foster, Pons {Ordinances #13-28} REPORTS Monthly Financial Statement Mr. Tuttle had no additional comments about the Monthly Financial Statement. 6

7 Monthly Departmental Operating Reports Mr. Tuttle noted that under the Finance Department Report, the Assessment to Actual Sales Ratio reflects a considerable difference between where we are this year as opposed to last year. The average assessment is 93.4% sales to assessment ratio indicating a move in the right direction; last year it was 110% assessment to sales ratio a 16% turnaround. Schedule of Meetings July 2013 Mr. Tuttle noted the special City Council work session scheduled for Monday, July 29 at 7:00 p.m. in the Council Chambers when the Stryker Center Evaluation Committee will present their report. The following Monday, August 5 will be the regular City Council work session at 4:00 p.m. when this discussion will continue. City Manager Reports Year-end Financial Report Finance Director Serra presented a brief financial recap of the year, noting that a more indepth review will be given in December after the audit report. At the end of the year, June 30, revenues were higher than expenditures. Operating Revenues on a cash basis. The budget was $ million, revenues collected were $32.14 million; a gap of about $46,000 budget to actual. Mr. Serra noted that this will change with revenue accruals estimated at $320,000. Operating Expenditures on a cash basis. The budget was $32.4 million, expenditures were $31 million; a gap of about $1.4 million. Mr. Serra noted that all departments came in under budget. Expenditure accruals are estimated to be $562,000. Breaking down accruals by categories, Expenditures will be about $850,000 under budget, most related to Public Safety, IT and Parks and Recreation. Salaries and Benefits, about $360,000 savings, mostly from open positions in Public Safety and Landscaping and across the board savings with the change in the Health Care Plan. Operations on a cash basis considering the accruals, the total estimated revenues will be about $ million. Expenditures will be about $31.5 creating a gap of about $910,000. Mr. Serra said that on a conservative basis this will be the surplus for fiscal year 2013, and as a percentage of the Operating Revenues it will be just under 3%, consistent with past years. Sales Tax Fund on a cash basis, our Capital Projects, we ended the year with $4.3 million which is typical for the revenue for that fund the majority of which is the 1% sales tax money coming back from the state. After accruals, Revenues will come in higher than Expenditures in the Sales Tax Fund. General Fund Reserves. Beginning Fund balance of $27.8 million, add estimated Revenues of $36.7 million, take out total estimated Expenditures of $35.1 million, leaving the Fund balance at about $29.5 million. Non-spendables (two pieces of property the City is holding for resale) $1,200,000; Assigned for Capital Projects $2,500,000 mostly for school projects; and Unassigned $25,790,253, bringing the Total Estimated General Fund Reserves to $29,490,253. The Unassigned at $25,790,253 represents about 79% of the Operating Revenues, which is well above the City s Reserve Policy of 35%. Mr. Serra concluded his presentation noting the auditors will be here in September and a detailed report will be presented to Council at their December meeting. 7

8 Mr. Freiling noted the $900,000 difference in Operating Expenditures and Revenues and when we did the budget for the past year we took about $213,000 from Reserves to balance the budget. The improvement over what we were expecting is about $1.1 million and in the current climate, this is a terrific testimony to all City staff doing a wonderful in keeping costs reasonable and being good stewards of the community s resources; they should all be commended. Mayor Haulman followed up on Mr. Freiling s comments by thanking all City staff for being diligent and having very sharp pencils. He especially thanked Mr. Serra who oversees it all. Supplemental Appropriation for FY13, Proposed Resolution #13-11 Finance Director Serra reported that one additional grant was received since last month s approval of supplemental appropriations by City Council. The FY2013 budget for the Local Law Enforcement Block Grant fund needs to reflect appropriation of this grant in FY Local Law Enforcement Block Grant Fund Grant LLEBG Police grant of $2,484 for gym exercise equipment (hand weights), ten back-up batteries for radios, alcohol breath sensors and ceiling fan and heater for shooting range. 2. This grant required a City match of $276 and was expensed from the Police budget in the General Fund during FY A summary of the supplemental appropriation and the budget amendment was included in the Proposed Resolution. Mr. Foster moved the City Council approve Proposed Resolution # Mr. Pons seconded the motion which carried by roll call vote of 5-0. Recorded vote on the Motion: Yes: Haulman, Freiling, Knudson, Foster, Pons {Resolution #13-11} Regional Stormwater Management Program MOA Renewal The Memorandum of Agreement (MOA) was presented by Aaron Small, City Engineer who said the City is required by the Clean Water Act administered through the U.S. Environmental Protection Agency to obtain a permit to discharge water from its municipal storm sewer system (MS4) into surface waters. To provide a coordinated regional effort to address the requirements of the stormwater permits, the Hampton Roads Planning District Commission (HRPDC) and sixteen member jurisdictions entered into an agreement in September 2003 that established the Hampton Roads Regional Stormwater Management Program; since that time two additional jurisdictions have been added bringing the number of MOA participants to eighteen. The program has provided the City with a great deal of assistance in meeting our stormwater management permit requirements, and it is now time to renew not only our stormwater permit, but also the MOA with the HRPDC. The former MOA has been revised to simplify the organizational structure and include 8

9 additional work that will be needed to meet the requirements of the new MS4 permit; the revised MOA has been approved by the Chief Administrative Officers of the HRPDC. The cost to the City is $6, which is included in the FY 2014 budget. In response to Mr. Freiling s question, Mr. Tuttle said that when such MOAs are initially produced, they take a tremendous amount of time because all of the city and county attorneys and appropriate staffs review them; sometimes the process takes months and months. Once it is done, maintaining it is not too difficult or time consuming. Mr. Small added that this is substantially the same agreement that was agreed upon ten years ago. Mr. Pons moved that City Council authorize the City Manager to sign the Memorandum of Agreement between the City of Williamsburg and the Hampton Roads Planning District Commission continuing and amending the Hampton Roads Regional Stormwater Management Program. Ms. Knudson seconded the motion which carried by roll call vote of 5-0. Recorded vote on the Motion: Yes: Haulman, Freiling, Knudson, Foster, Pons City Attorney Report -- None UNFINISHED BUSINESS -- None NEW BUSINESS Landscape and Slope Waivers for Convenience Store at 401 Page Street, SPR # Zoning Administrator Rodney Rhodes presented the request for landscape and slope waivers for the new convenience store. He said Page Street Associates, LLC proposes to construct a 2,760 square foot convenience store at 401 Page Street and requests a waiver to allow the placement of parking within the required 15-foot front landscape area, and a slope waiver to allow placement of a storm drain pipe around the building impacting 940 square feet of slopes that are greater than 30%. It was noted that on January 13, 2012 the Virginia Supreme Court issued a decision that any kind of waiver or modification is a legislative act that can be approved only by the local governing body. At their June 19 meeting, Planning Commission approved the site plan contingent upon Council approving the landscape and slope waivers. In response to Ms. Knudson s question, Mr. Rhodes said the slope waiver would allow for improved drainage by flattening the very steep slopes that drop off behind the building making the slopes more gradual and allowing the water to seep in. Mr. Freiling said this provides a vast improvement over what is currently on the site and the proposed extensive landscaping make it head and shoulders above the existing site; it is going to be one more step in improving that intersection on an entrance corridor into the City. Mr. Freiling added that it comes together very nicely and makes a great deal of sense to him. 9

10 Council members were in agreement that the project on this challenging lot will be a big plus to the neighborhood and the City. Mr. Freiling moved that City Council approve the landscape and slope waivers as recommended by Planning Commission. Mr. Foster seconded the motion which carried by roll call vote of 5-0. Recorded vote on the Motion: Yes: Haulman, Freiling, Knudson, Foster, Pons Special Meeting Stryker Center Mayor Haulman again reminded everyone of the special City Council meeting on Monday, July 29 at 7:00 p.m. when Council will receive the report of the Review Committee established under the PPEA process for the Stryker Center. He added that discussion will follow at City Council s work session on August 5 at 4:00 p.m. Both meetings will be held in these Council Chambers and will be televised. Commendation from the EPA Ms. Knudson noted that Council members received a letter at the beginning of the meeting today from the EPA stating that the City has done everything it was supposed to do in response to their request about four months ago. She thanked staff for their work adding that she has filled out a number of similar forms herself and knows it is not easy. Mr. Tuttle confirmed there was a lot of paper work and questions involved. OPEN FORUM Mayor Haulman opened the Open Forum portion of the meeting for comments on any topic. Sabrina Fairbanks, a property owner at 201 Cary Street, said that she came to Council about one year ago regarding the parking issue on Cary Street and the adjacent area because her tenants never seemed to have enough space to park. At the end of last year Council helped by reducing the number of guest passes which will go into effect in August, and gave the authority for the City to revoke some of the passes which are being improperly used. As the last school year progressed and after Public Works Director Clayton gave them a few more sections of yellow decal, resident parking, it turned out that they still did not have enough parking. She noted the report she distributed to Council and said there are six streets that have the yellow decal and people who have the yellow decal but live on other streets, park on Cary Street in order to shorten their walk to campus. She said she is present today to request that Cary Street get its own color. Ms. Fairbanks thanked the City for going above and beyond by giving them more parking, the police have warned and repeatedly ticketed, the landlords have given copies of the pertinent City Code section which requires the permit holders to park at their address, but these measures are not working. Ms. Fairbanks said that in order to find out the address a particular decal is registered to, 10

11 you must call busy finance office personnel and then the police department to report the car. If it is after working hours, the police have no way of knowing if it is a legitimate Cary Street vehicle. It is a very cumbersome process to find out whether the car can legitimately be parked on Cary Street. She concluded her comments by saying everything has been tried and she thinks the point has come when Cary Street needs its own color. In response to Mayor Haulman s questions, Mr. Tuttle said we have five or six colored parking decal districts; we are set up for the August timeframe with the colors currently in place. He added that a lot of changes have been made to try to deal with the Cary Street situation, a lot with Ms. Fairbanks help, and City staff thinks we need to go with the changes that have been made this year and see if this solves the problem. He noted that police access to all the necessary data 24/7 is very easy to accomplish. Mayor Haulman asked at what point does the cost of having police monitoring the situation outweigh the cost of changing the color of decals on the street. Mr. Tuttle confirmed that initially whole neighborhoods were designated one color in order to have parking available for those in that particular neighborhood and not for someone from a neighborhood across town. It was not meant to be so restrictive that within a particular neighborhood you could not park elsewhere in that neighborhood. Basically it is a matter of driving a couple of blocks to park a couple blocks closer to campus. In response to Mr. Pons question, Mr. Tuttle confirmed that if it was determined that the change was needed, it could be done administratively, and would involve changing the signs and reissuing decals on that particular street. Ms. Knudson noted that it sounds as though we are issuing too many decals for the number of parking spaces available; Mr. Tuttle said the number of guest decals issued has been reduced which has helped the problem. Mayor Haulman summarized by suggesting the situation be monitored through the fall and see whether the changes are working and if not, the change in decal color for Cary Street would be an option. Mr. Freiling added that if it is still an issue around the first of the year Council might want to consider changing the zone borders. Mr. Tuttle cautioned that this action might open it to everyone wanting their block a separate color, but Mayor Haulman pointed out there are few streets where this is a real issue. He thanked Ms. Fairbanks for bringing the issue to Council s attention. There being no additional comment the Open Forum was closed. Mayor Haulman noted the presence and welcomed Bobby Braxton and Mickey Chohany, past City Council members. CLOSED SESSION At 3:15 p.m. Mr. Freiling moved that City Council go into Closed Session pursuant to Section of the Code of Virginia for the purpose of discussing one personnel matter per subparagraph 1, concerning City Manager and City Attorney evaluations and compensations and other specific personnel initiatives. The motion was seconded by Ms. Knudson and carried by roll call vote of 5-0. Recorded Vote on the Motion: Aye: Haulman, Knudson, Foster, Pons, Freiling Mayor Haulman called for a five-minute recess. 11

12 At 5:20 p.m., Council returned to Open Session and Mr. Freiling moved to certify the Closed Session. The motion was seconded by Ms. Knudson and carried by roll call vote of 5-0. Recorded Vote on the Motion: Aye: Haulman, Knudson, Foster, Pons, Freiling 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. Recorded Vote on the Motion: Aye: Haulman, Knudson, Foster, Pons, Freiling Absent During Vote: None Absent During Meeting: None After certification of the Closed Session, Council returned to Open Session and Mr. Freiling moved that the City Attorney s salary be adjusted to $124,000 and that the City Manager s salary be increased by 2%. Mr. Pons seconded the motion which carried by roll call vote of 5-0. Recorded Vote on the Motion: Aye: Haulman, Knudson, Foster, Pons, Freiling ADJOURNMENT There being no additional business before the Council, at 5:25 p.m. Ms. Knudson moved and Mr. Foster seconded the motion to adjourn the City Council meeting of. 12

13 The motion carried by unanimous roll call vote. Approved: August 8, 2013 Clyde A. Haulman, Mayor Donna Scott, City Council Clerk 13