WILLIAMSBURG CITY COUNCIL MEETING WITH LEGISLATIVE REPRESENTATIVES and WORK SESSION December 7, 2015 CITY COUNCIL/LEGISLATIVE DELEGATION MEETING The Williamsburg City Council held a meeting with the City s legislative representatives on Monday, December 7, 2015 at 4:05 p.m. in the 2 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 and Messrs. D. Scott Foster, Jr. and Douglas G. Pons. Also present were Senator John Miller, Delegate Monty Mason, City Manager Marvin Collins, Deputy City Manager Jodi Miller, City Attorney Christina Shelton, Communication Specialist Lee Ann Hartmann, Deputy Clerk of Council Gerry Walton and members of the community and press. LOCAL AND STATE LEGISLATIVE PRIORITIES -- 2016 Mayor Haulman led the discussion regarding the City s 2016 legislative priorities. At the November 12, 2015 City Council meeting, Council adopted Resolution #15-18 outlining its priorities, and the purpose of this meeting was to formally present the Priorities to the City s legislative delegation. In addition to this presentation and discussion, also discussed was Council s request to have the DMV release information regarding Uber and Lyft services in the City, and enacting legislation to allow counties the option to appoint another BOS member other than the Chair to serve on the Hampton Roads Transportation Accountability Commission (HRTAC). Council members thanked Senator Miller and Delegate Mason, and at 4:35 p.m. Mayor Haulman called for a brief recess prior to the beginning of the City Council Work Session which was held in the 3 rd Floor Conference Room in the Municipal Building, 401 Lafayette Street, Williamsburg, Virginia.
CITY COUNCIL WORK SESSION CALL TO ORDER At 4:50 p.m. Mayor Haulman called the City Council regular work session 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 Marvin Collins, Deputy City Manager Jodi Miller, City Attorney Christina Shelton, and Deputy Clerk of Council Gerry Walton. Staff members present were Economic Development Director Michele DeWitt, Communications Specialist Lee Ann Hartmann, Planning Director Reed Nester, and Finance Director Phil Serra. ITEMS FOR CITY COUNCIL MEETING OF DECEMBER 10, 2015 Council Preview Mayor Haulman confirmed that Council members had all information necessary for the City Council meeting on Thursday. He added that agendas and supporting documentation are posted online. Public Comment Mayor Haulman opened the floor for public comment on any topic. There were no comments from the audience. BACKGROUND PRESENTATIONS/DISCUSSION Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ending June 30, 2015 Mayor Haulman, who serves as the Chair of the Finance and Audit Committee, said the annual meeting of members of the Committee, the auditors, and staff was held on December 2 to discuss the audit engagement, internal controls, and a briefing on the financial report and results of operations for the year. An important part of the meeting was to discuss concerns the auditors may have had regarding internal controls, staff training, or anything they felt needed to be discussed based on their review of the financial systems and procedures in place during the fiscal year. Mayor Haulman said the Committee heard presentations by Audit Manager Anne Wall, with Robinson Farmer and Cox Associates, and Finance Director Phil Serra, after which the Finance and Audit Committee approved a motion to recommend acceptance of the report as presented and to forward it to City Council. Ms. Wall briefed Council on the audit engagement that resulted in a clear report and Mr. Serra spoke about the results of the operations for the year. Food Trucks Planning Director Reed Nester noted that he was presenting information about the food truck and food cart issue to stimulate discussion among City Council members. Page 2 of 7
Included in Mr. Nester s presentation were the following points: Some Perceived Pros and Cons Pros: Increased variety Lower cost Convenience Add to street life Cons: Unfair competition with existing restaurants Incompatibility with City character Generation of trash and litter Existing City Regulations Allowed on public property as part of a special event permit Prohibited on private property through zoning regulations [Sect. 21-602(2) states that the sale, offering for sale or distribution of goods or services from any vehicle portable vending cart except for Farmer s Markets, is prohibited.] Policy of Other Peninsula Jurisdictions James City County not allowed York County Board of Supervisors will consider in December a Zoning Ordinance change to allow on private property with administrative approval in commercial and industrial areas Newport News trucks and carts allowed through an annual permit process in downtown area and Oakland Industrial Park Hampton allowed on private property with Commissioner of Revenue approval Food Truck/Vending Cart Issues Do we need them? Do they provide unfair competition with City restaurants? Do they fit in the City s character? If allowed, where should they be located? (public streets; private property) If allowed, who is eligible? (any food truck vendor; only vendors who also own a restaurant in Williamsburg) Public Street Locations Regulated through the City Code Most opportunities are in the downtown area How are vendors to be selected? (first come, first served; lottery) Page 3 of 7
Where are vendors allowed? (assigned locations; anywhere legally parked) Possible pilot program -- As part of the Farmers Market on Boundary Street between College Corner and Prince George Street (revision to special event permit) Private Property Locations Regulated through the Zoning Ordinance Located on private parking lots How are vendors to be selected? (permitted use; up to property owner; special use permit) Mr. Nester said the next steps would be: City Council give staff direction on if and where food trucks and vending carts should be allowed Staff drafts proposed regulations Staff presents proposed regulations at City Council work session following adoption of City budget (June 6 work session) Public hearing could be held to gauge public and business reaction to food truck possibilities City Council discussion included the following comments: For today s discussion, it was suggested the focus be on the competition question and the question of whether it would fit in with the City character. We should not try to recreate the wheel because there are models in other locations where food trucks have been a smashing success; we know the elements required to have a successful food truck program. If we are going to allow it, we need for it to be a success, not like York County and Newport News where it seems they really didn t want to do it. It was noted that York County is just beginning a trial of the program, so they will be observing what is successful and what is not. Do we have enough information to know what makes a food truck program successful? What is the success factor in other communities; what population bases are required; what is the transient work force that needs to be in place --- more data is needed. The question needs to be discussed of whether there is a need for food trucks and vending carts to fill. What is the environment that makes food trucks sustainable? We need more information. What is the role of existing restaurants in the program? Some restaurants use food trucks as a method of experimentation; what is the connection here? Concern was expressed about the health issue. Not convinced the health department has enough people to monitor the restaurants we already have, and the addition of food trucks/carts would just increase the number of inspections needed. Ms. Knudson noted when last she heard, there were only two inspectors for the Page 4 of 7
Peninsula. We need to get the health department involved very soon; we need for them to tell us that they can handle the increased inspections. There was discussion about when it would be best to hold a public hearing and the suggestion was made that Council needs to identify the areas where more information is needed, such as the health department issue; in what environments food trucks are successful; what are customers looking for, what would better round out our offerings; are there areas in the City where there is no existing restaurant nearby and is that a place where food trucks would make sense? We need to have some sort of public conversation before we have any kind of an ordinance, as well as have a Planning Commission recommendation before coming to City Council. Should the question be whether they really fit in with the City s character today, or should it be would they fit in with where we want the City to be in 5, 10 or 20 years from now? We need citizen input as well as input from local restaurateurs. For the community discussion it would be helpful to have examples of other cities where food trucks/vending carts are allowed. Mr. Foster said he would like to focus on food trucks because vending carts are a very different thing being exposed to the elements and usually pedestrian driven. In looking at areas in the City, Mr. Nester noted that there are very few places in the Northeast Triangle were a food truck on a public street could be allowed. He noted the synergy between micro-breweries and food trucks, and although we don t have any micro-breweries yet, it is a natural mix. It was suggested that when a public conversation is held, that a couple of food trucks be invited so that those people who have never experienced a food truck could do so. Tourism Contingency Funding Policy City Manager Marvin Collins said the existing policy was adopted in August 2015. Through staff s experience with the policy to date and in feedback from some individual Council members, it was clear that several points in the policy need to be re-addressed. Mr. Collins reviewed the suggested amendments to the policy and noted that if Council wishes to move ahead with the changes, the amended policy can be presented to Council for action at their regular meeting on Thursday. Council discussion included the following points: A broad marketing plan needs to be part of an applicant s plan. Do we need to require more specificity in what we need in a proposal? Will asking for detailed information on the proposed project be enough? Needed is how the project/activity will advance the City s goal to increase overnight visitation. If we are going to have a staff committee that reviews the requests and provides a recommendation for City Council s consideration, a member of Council or a member of the tourism industry should be on the committee. (Currently members of the committee are the City Manager, Deputy City Manager, Economic Development Director, Parks and Recreation Director, and Finance Director.) Maybe someone from the Tourism Alliance would bring that perspective to the committee. However, it was pointed out that anyone outside the City s employment might have a conflict of interest and might even be requesting funding. Page 5 of 7
If Council is going to be making the funding decision, we should not be a member on the committee. We don t want to continue funding the same entity doing the same things, but keep the opportunity open for someone to come up with additional, innovative ideas. It would be good to include on the application past and current funding received by the applicant and in what way the current request is different. Evaluation of the success of a previous project needs to be part of the recommendation sent to Council. If a funding request were to be submitted with a tight time frame attached, it was noted that there is an Operating Contingency Fund outside of this program that the City Manager has the authority to approve funding for and if it s questionable in nature, Council would be consulted. In such a case the applicant would be asked why the submittal was not done in a timely manner. During the next budget round, Council may want to consider renewing or expanding the amount that was put in the budget last time. Mr. Collins said revisions will be made and the policy brought back to Council for action at their Thursday meeting. CITY COUNCIL COMMUNICATIONS - None SCHEDULE OF MEETINGS: December 2015 The Schedule of Meetings for December was included in the meeting packet. OPEN FORUM Mayor Haulman opened the floor for public comment. There were no comments from the audience. CLOSED SESSION At 6:17 p.m., Mr. Freiling moved that City Council go into Closed Session pursuant to Section 2.2-3711 of the Code of Virginia for the purpose of discussing one personnel matter per subparagraph 1, concerning appointments to Boards and Commissions. The motion was seconded by Ms. Knudson and carried by roll call vote of 5-0. Recorded Vote on the Motion: Aye: Haulman, Freiling, Knudson, Foster, Pons No: None Absent: None At 6:31 p.m., Council returned to Open Session and Mr. Freiling moved to certify the Closed Session. The motion was seconded by Ms. Knudson. CERTIFICATION OF CLOSED MEETING Date: December 7, 2015 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 Page 6 of 7
The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 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, Freiling, Knudson, Foster, Pons No: None Absent During Vote: None Absent During Meeting: None ADJOURNMENT There being no additional business before the Council, at 6:32 p.m. Ms. Knudson moved to adjourn the City Council meeting of December 7, 2015. Mr. Pons seconded the motion which carried by unanimous roll call vote. Approved: January 14, 2016 Gerry S. Walton Deputy Clerk of Council Clyde A. Haulman Mayor Page 7 of 7