City Council

Regular Session 04/28/20 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO HON. KERRY P. DEVINE, AT-LARGE CITY COUNCIL HON. MATTHEW J. KELLY, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE HON. CHARLIE L. FRYE, JR., WARD FOUR Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 April 28, 2020 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, April 28, 2020, beginning at 7:30 p.m. using electronic communication through GoToMeeting pursuant to and in compliance with the City Council Ordinance 20-05, an ordinance to address Continuity of City Government during the pendency of a pandemic disaster. City Council Present. Mayor Mary Katherine Greenlaw. Vice-Mayor William C. Withers, Jr., Council members Kerry P. Devine, Dr. Timothy P. Duffy, Charlie L. Frye, Jr., Jason N. Graham and Matthew J. Kelly. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Community Planning and Building Services Director Charles Johnston, Fire Chief Mike Jones and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Matthew J. Kelly followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Coronavirus (COVID-19) Update. Chief Mike Jones reported that the number of cases had started to decrease some daily and there were only 16 patients in the health district that were in the hospital that have COVID-19 and there were only nine deaths in the Rappahannock health district. In the state, there continues to be an increase in positive 20575 Regular Session 04/28/20 cases, there were currently 426 in the Rappahannock health district and over 200 of those cases were in Stafford County, a little over one hundred in Spotsylvania and 27 in the City of Fredericksburg. Chief Jones said he and his staff were working with the City Manager on a road map of recovery so that once the Governor lifts some of the restrictions they would be prepared. Mayor Greenlaw thanked Chief Jones and all of staff for a great job. Councilor Frye thanked Chief Jones for the updates he stated how beneficial they were to the citizens. Chief Jones thanked the businesses and citizens of Fredericksburg for stepping up and looking out for the Police, Fire and Sheriff’s departments. He said their donations were greatly appreciated. Mayor agreed, she noted that even the businesses that were struggling had reached6 out to help take care of others. Citizen Comment. The following speaker submitted a comment to be read during the citizen comment portion of this evening’s meeting. Bridget McGregor (D20-141), 102 Excaliber Court, spoke about the importance of transitioning Fredericksburg Schools to clean energy. She stated that this could be a huge cost savings and a learning opportunity for the students. See D20-141 for more information. Council Agenda Presented. The following items were presented to Council for discussion. 7A. Baseball Status – Vice-Mayor Withers 7B. Ranked Choice Voting – Councilor Graham Baseball Status. Vice-Mayor Withers asked Assistant City Manager Whitley to give a brief update and status on the baseball stadium. He stated that the City’s Development 20576 Regular Session 04/28/20 and Shared Use Agreement required the City to pay annually $1,050,000 for the use of the stadium but that payment would not begin until the commencement date. He explained that there were two test for the commencement date and the first was that they must have a certificate of occupancy. He noted that the stadium had received a temporary certificate of occupancy (CO). The second test is that the facility had to be ready for City events and this part of the test had not been met. He said they do not have a firm date and as they get closer they would inform the Council. Mr. Whitley also reported that the City’s obligation was one quarter in the rears to date and this would slide. He said the Silber’s under the paid admissions agreement and the Celebrate Virginia South Property Owner’s Association would owe their quarterly payments soon. Councilor Kelly asked Mr. Whitley what sources of revenue the City had for this payment and Mr. Whitley said there were some funds that would be ready such as the tax payments from the stadium and the use agreement and the paid admissions payment. He said the City may have to make a payment and have the revenues catch up. Mr. Kelly noted that all taxes from the stadium would go back into the stadium. Vice-Mayor Withers stated that this was an extremely stressful time in the City but the City had really stepped up and it was stressful for the City Manager, managerial staff and department heads. He reminded the citizens that as of Friday the employees would be taking pay cuts and they would lose several of their fellow workers to furlough. He thanked the staff for coming through during these troubled times. Vice-Mayor Withers asked the citizens of Fredericksburg to remember this because there may be some things that cannot be done right now and he encourage them to be thankful for the staff the City has. 20577 Regular Session 04/28/20 Mayor Greenlaw stated that it was important to know that all 40 employees that were being furloughed were important to the organization. She said many of the employees that remain with reduced income would be doing their job and part of someone else’s. She said kudos to the employees for being willing to pull together and get the work done. Ranked Choice Voting. Councilor Graham reported that Governor Northam signed a bill to implement a pilot program that gives localities the choice of using ranked choice voting. The bill would go into effect July of next year. He said it was important for the City to explore it and he would like support for it. He said he would be reaching out to the registrar to see how this would look for the City and maybe have him bring a presentation to the Council. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D20-142 thru D20-143). Councilor Kelly moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Frye and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). • Ordinance 20-03, Second Read Approved, Amending the Unified Development Ordinance to Regulate Infill Development, by Amending the designated Front Yards, Secondary Front Yards, and Rear Yards on Corner Lots and Through Lots (D20-142). • Ordinance 20-09, Second Read Approved, Providing for Issuance and Sale of General Obligation Refunding Bonds of the City of Fredericksburg, Virginia, in an Amount Not to Exceed $37,000,0000, and the Form, Details and Payment Thereof (D20-143). 20578 Regular Session 04/28/20 Adoption of Minutes. Councilor Devine moved approval of the April 7 special session minutes, the April 14, 2020 regular session minutes; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Appointment to the Cable Commission (D20-144) – Councilor Duffy asked for a postponement of the vote and Council agreed. Resolution 20-30, First Read Approved, Amending the Fiscal Year 2020 Capital Budget to Reduce or Defer Capital Projects to Respond to the COVID-19 Pandemic (D20-145). After staff presentation and some discussion Councilor Devine made a motion to approve Resolution 20-30, on first read, amending the Fiscal Year 2020 capital budget to reduce or defer capital projects to respond to the COVID- 19 Pandemic; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Resolution 20-30, Second Read Approved, Amending the Fiscal Year 2020 Capital Budget to Reduce or Defer Capital Projects to Respond to the COVID-19 Pandemic (D20-145). Councilor Devine made a motion to approve Resolution 20-30, on second read, amending the Fiscal Year 2020 capital budget to reduce or defer capital projects to respond to the COVID-19 Pandemic; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). 20579 Regular Session 04/28/20 Ordinance 20-10, First Read Approved, Ordinance Amending the Continuing Disclosure Provisions in Ordinance No. 18-17 Relating to the City’s Series 2018 General Obligation Bonds to Conform the Annual Filing Requirements Therein to Established Practices Contained in the City’s Standard Continuing Disclosure Agreement (D19-146). Councilor Devine made a motion to approve Ordinance 20-10, on first read, ordinance amending the continuing disclosure provisions in Ordinance No. 18-17 relating to the City’s Series 2018 General Obligation Bonds to conform the annual filing requirements therein to established practices contained in the City’s Standard Continuing Disclosure Agreement; motion was seconded by Councilor Frye and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Ordinance 20-10, Second Read Approved, Ordinance Amending the Continuing Disclosure Provisions in Ordinance No. 18-17 Relating to the City’s Series 2018 General Obligation Bonds to Conform the Annual Filing Requirements Therein to Established Practices Contained in the City’s Standard Continuing Disclosure Agreement (D19-146). Councilor Devine made a motion to approve Ordinance 20-10, on second read, ordinance amending the continuing disclosure provisions in Ordinance No. 18-17 relating to the City’s Series 2018 General Obligation Bonds to conform the annual filing requirements therein to established practices contained in the City’s Standard Continuing Disclosure Agreement; motion was seconded by Councilor Frye and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). 20580 Regular Session 04/28/20 City Manager’s Report and Council Calendar (D19-147 thru D19- 148). City Manager Baroody directed the Council’s attention to the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Update on Budget Work Sessions and Meetings, COVID-19 (Coronavirus), Census 2020, Step Outside, Say Hello! and Fred Focus. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:21 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20581 Regular Session 04/28/20 [This page intentionally left blank.] 20582