City Council

Public Hearing 05/12/20 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE 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 May 12, 2020 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, May 12, 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, Assistant City Attorney Dori Martin, Community Planning and Building Services Director Charles Johnston, Community Development Planner Susanna Finn, Fire Chief Mike Jones and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D20-149 thru D20-154). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Granting a Special Use Permit for Eufloria, a Retail Sales Establishment at 915 Lafayette Blvd., Unit D (D20-149 thru D20-150). 1 speaker. Staff gave a brief summary of the project and stated that the applicant had done 20583 Public Hearing 05/12/20 some moderate grading not realizing they needed approval for that work. He said they would be working with the applicant to resolve those issues. Annie Pates, applicant, stated that they had been in business well over a year and they were excited to expand their business. The hours would be from 9:00 a.m. to 5:30 p.m. and there would not be any loud noises and most of the traffic would be from deliveries. After a brief discussion Mayor Greenlaw closed the meeting and explained that the Council would consider the matter at the May 26 meeting and she informed the public that public comments would be accepted until 4:00 p.m. on May 26. Approving the Community Development Block Grant 2015-2020 Consolidated Plan and 2019-2020 Annual Action Plan Substantial Amendment to Incorporate CDBG-CV Funds (D20-151 thru D20-152). No speakers. Staff gave a summary on the CDBG Consolidated Plan and Annual Action Plan substantial amendment and Council had a brief discussion. After that brief discussion, Mayor Greenlaw closed the meeting and explained that the Council would consider the matter at the May 26 meeting and she informed the public that public comments would be accepted until 4:00 p.m. on May 26. Approving the Community Development Block Grant Citizen Participation Plan (D20-151 thru D20-152). After that brief discussion Mayor Greenlaw closed the meeting and explained that the Council would consider the matter at the May 26 meeting and she informed the public that public comments would be accepted until 4:00 p.m. on May 26. 20584 Public Hearing 05/12/20 Resolution 20-31, First Read Approved, Appropriating Funds for the Fredericksburg City Public Schools for Fiscal Year 2021 (D20-153 thru D20-154). Councilor Duffy disclosed that he was an employee of the Fredericksburg City Schools namely the principal at James Monroe High and he could participate fairly and objectively and in the public interest. Councilor Frye disclosed that his spouse is an employee for the Fredericksburg City Schools and he could participate fairly and objectively in the public interest. Mr. Whitley explained that the Council would be voting on three funds for the schools: the operating fund, the grants fund, and the capital fund. The schools grant and capital fund do not include local general funds and he recommend they be appropriated 100 percent. In the school operating fund, he requested the Council to budget the full amount of $47,595,070 but only appropriate three quarters of that amount $35,996,302. He said state allows quarterly appropriations to schools and this would allow them to have monthly reviews with the schools. Mr. Whitley said this was the first time doing appropriations this way, and it was only being done this way because of the pandemic. He said this was the main fund and houses most of the school’s operations. The schools were requesting a transfer of $29,199,266 and they were asking for budgeting from other sources and recovery costs in the amount of approximately $269,000. He said they requested the use of fund balance available in Fund 205 in the amount of $1.5 million and they are forecasting aid from the Commonwealth in the amount of $17,026,804. Mr. Whitley noted that the City received a lower composite index score for the next two years which he said the City would benefit from that, although the pandemic may impact the state funding. 20585 Public Hearing 05/12/20 Council all thanked the staff for working with the schools to come up with this budget recommendation and they all agreed that the working relationship between the City Manager and the Superintendent as well as the Council and the School Board was remarkable. Councilor Duffy added that the schools were the heart of the community and he said the schools can be proud of the work done during this pandemic from the feeding of the kids, to learning and getting the students laptops and meeting the educational, social and emotional needs of the students. He thanked Dr. Marci Catlett and Mr. Baroody for putting together a budget that would meet the needs of the community. Councilor Graham noted that the City may be looking a $95.1 million budget and the proposed amount to the schools is 30.7% of the City’s proposed budget and last year it was 30.4%. He said although these are tough economic conditions the City was working with the schools. Erik Nelson (D20-154), Brompton Street, said that as a city employee, it did not seem fair that the School Administration would not share in the effort to balance the budget when City employees are taking a salary cut and reductions. See D20-154 for more information. Vice-Mayor Withers made a motion to approve Resolution 20-31 on first read, appropriating funds for the Fredericksburg City Public Schools for Fiscal Year 2021; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Adjourned. There being no more speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 8:29 p.m. 20586 Public Hearing 05/12/20 Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20587 Public Hearing 05/12/20 [This page intentionally left blank.] 20588 Regular Session 05/12/20 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 May 12, 2020 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, May 12, 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, Assistant City Attorney Dori Martin, Community Planning and Building Services Director Charles Johnston, Community Development Planner Susanna Finn, Fire Chief Mike Jones and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Charlie L. Frye, Jr. followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Coronavirus (COVID-19) Update. Chief Mike Jones reported that Governor Northam had decided to open the state on My 15 under a Phase I plan, but Northern Virginia would remain on lockdown until May 28. 20589 Regular Session 05/12/20 To date Chief Jones said there were 805 cases in the Rappahannock Area Health District, 66 were confirmed in the City of Fredericksburg. He said those numbers were continuing to rise and this was concerning because Governor Northam wants to see numbers on a downward trend before opening. Chief Jones said the amount of testing had increased. There had been an increase in the total number of deaths in the State. There were 207 deaths in the past nine days and the number of positive cases had risen by 6,300 over that same time. In the Rappahannock Health District on May 4 there was a total of 585 cases and on May 12 there was a total of 805 cases, an increase of 220 cases in nine days. The areas average was approximately 24 cases a day. There was also an increase of 21 cases in the City over the same nine-day period. Chief Jones reported that staff had met to review the Phase I guidelines and he said staff was comfortable with many of the segments. He offered help to the public for interpretation of the guidelines. The only concerns they had and were still working on were the outdoors seating for restaurants. Councilor Duffy asked what was being done proactively to protect the elderly who live in senior apartments and what was being done to protect the African Americans that are suffering in ways others were not. Chief Jones said they were in contact with the apartment complexes as well as the assisted living communities to see their plans. He said many had plans in place and those that did not have plans quickly got plans. He said so far most of the cases had been in single family homes but he said they do check those communities regularly to make sure the plans are solid. In regards to the African American community, the Chief Medical Officer provides statistics and he said they could look at the demographics and see what they say about it in the local community. He said they were working with the local 20590 Regular Session 05/12/20 department of health to get that information but with the contract tracing it could be hard to locate people. He said sometimes they attributed people outside of the City into the 22401 zip code and some people do not give good addresses. Councilor Devine gave a tip to the public stating that when they run errands to keep track of where they have been as well as receipts so that if they get sick the contact tracing would be easier. She also asked what would happen if the numbers continue to increase during the Phase I opening. Chief Jones said if the City get close to its capacity with its healthcare facilities then it would become a challenge but he said right now the numbers look good but they would continue to have weekly conversations with the healthcare providers. He said as long as the hospitals were not overcrowded and most of the people were self- quarantining at home it would be manageable. He said if the ventilators and beds were being used up then they would have to address the problem. Councilor Devine asked for verification on whether people were supposed to continue to use social distancing and wear facemasks and Chief Jones said yes, the Governor continues to request social distancing and recommended wearing a facemask. He said businesses have the right to require people to wear facemask when entering their businesses. Councilor Graham asked what the issue was with the lack of testing and Chief Jones said the only information he had on testing was the information he gets from the state and the Governor’s office. The last nine days only show that 9800 people were tested and in the last day 3400 were tested. He said he does not know when or if they will get to widespread testing. Chief Jones said there were several types of test and not all of them were readily available. Councilor Graham expressed his disappointment in the decision to reopen and he asked how the City could push back on that decision. 20591 Regular Session 05/12/20 Councilor Kelly asked what authority the City had to take unilateral action in regards to COVID-19. Mr. Baroody said they were following the Governor’s direction unless the Council directs them to do differently. Mr. Kelly asked if the City had authority to stay closed and Chief Jones said it was his understanding that the Northern Virginia localities got together and petitioned the Governor not to reopen and he did that based on their request. It was his understanding that the Governor would not consider keeping one jurisdiction to closed when all the other surrounding jurisdictions were opening. Mayor Greenlaw said it make sense that it would only work as a regional approach. Councilor Duffy said he would like to get more information on testing. He said he would like to know what targets would be used to open schools and other agencies. He also spoke of the importance of wearing a mask. Mr. Baroody said he had been talking weekly with Dr. Stern and he could offer to have him come to the next meeting to speak on behalf of the State. He said he would continue to be cautious with the opening of public buildings. Vice-Mayor Withers said he was also disappointed with the decision to open back up but he was optimistic that businesses would open carefully. He said if there were some businesses that do not open carefully he would like to see some enforcement. Councilor Frye asked if the City had the authority to open at the end of the month like Northern Virginia. Chief Jones said he had a conference call set for Thursday in regards to enforcement and how they would go about it. He said he could also provide a brief on testing by the end of the week. 20592 Regular Session 05/12/20 Councilor Frye expressed his concern for those who have no choice but to be at work during this pandemic and he said they are likely the ones who do not have health insurance. Councilor Devine encourage Mr. Baroody to continue having discussions with our neighbors. Public Hearing (D20-141 thru D20-154). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. There were no comments submitted to be read during the citizen comment portion of this evening’s meeting. Council Agenda Presented. The following items were presented to Council for discussion. 7A. Reopening of Local Economy – Councilor Devine 7B. Polling Places for May 19 Election – Councilor Devine 7C. Spotsylvania Communication – Councilor Frye 7D. Census 2020 – Councilor Duffy 7E. Virtual Memorial Day – Councilor Duffy Reopening of Local Economy. Councilor Devine asked the City Manager to give feedback on conversations with the surrounding jurisdictions as well as on the opening of the farmer’s market. Mr. Baroody stated that he was in regular conversations with the counties and they speak every Monday, Wednesday and Friday. He said they have regular conversations about all things COVID-19. There had been little conversation with the reopening of businesses but he has had no indication that they would like to put a pause on opening. He seemed to think 20593 Regular Session 05/12/20 it was the exact opposite. He noted that Stafford plans to open their public building as soon as Friday and Spotsylvania will open Monday but the City, King George and Caroline had not announced an opening. Mr. Baroody said the other jurisdictions had already opened their Farmer’s Market but he delayed the opening of the City’s Farmer’s Market until the coming weekend in order to be consistent with the Governor’s actions. He noted there was a taskforce dedicated to working on the opening of the market and they feel it could be done safely. Polling Places for May 19 Election. Councilor Devine announced that there would only be one polling place at the Dorothy Hart Community Center and she reminded them to have their identification available. She also reminded those who were voting absentee to be sure to return them by 7 p.m. at the registrar drop box. Mayor Greenlaw also reminded the public that the absentee ballots could not be accepted at the polling place. Spotsylvania Communications. Councilor Frye thanked Spotsylvania County Board of Supervisor for his work on the enhancements on Route 2 and he also spoke with VDOT regarding the restrictions on Lansdowne Road which does not allow the UPS drivers to make a right turn onto Lansdowne Road. Census 2020. Councilor Duffy reminded citizens to complete their census because each person missed was a loss of $20,000 over the ten-year period. Virtual Memorial Day. Councilor Duffy announced the virtual Memorial Day ceremony and he encouraged people to send pictures in by May 19. Adoption of Minutes (D20-155 thru D20-156). Councilor Graham moved approval of the April 14 and April 28, 2020 Work Session Minutes, the revised April 14, 2020 20594 Regular Session 05/12/20 and April 28 regular session minutes; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Resolution 20-32, Approved, Approving the 2020-2024 Community Development Block Grant Consolidated Plan (D20-157). After staff presentation and some discussion Councilor Graham made a motion to approve Resolution 20-32, approving the 2020-2024 Community Development Block Grant Consolidated Plan; 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). Resolution 20-33, Approved, Approving the 2020-2021 Community Development Block Grant Annual Action Plan Pandemic (D20-158). Councilor Graham made a motion to approve Resolution 20-33, approving the 2020-2021 Community Development Block Grant Annual Action Plan Pandemic; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Resolution 20-34, Approved, Initiating Amendments to the Unified Development Ordinance §72-59 Signage, to Update Building Signage Standards in Commercial, Industrial, and Planned Development Districts and Update the Freestanding Sign Standards in Planned Development Districts (D19-159). Councilor Graham made a motion to approve Resolution 20-34, initiating amendments to the Unified Development Ordinance §72-59 Signage, to update building signage standards in Commercial, Industrial, and Planned Development Districts and 20595 Regular Session 05/12/20 update the Freestanding Sign Standards in Planned Development Districts; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). City Manager’s Report and Council Calendar (D19-160 thru D19- 161). City Manager Baroody directed the Council’s attention to the Manager’s Update to Love Sign, Local Election Pushed Back to May 19, Farmer’s Market Set to Open Saturday, May 16, Virtual Memorial Day Remembrance, Chatham Bridge Closure, Upcoming Budget Work Session and Meetings, COVID-19 (Coronavirus), Census 2020, Generous Gift Extends N-95 Mask Life and Fire Department Inventory, Step Outside, Say Hello! Topnotch Bond Rating Affirmed and Sale of Bonds, New Trail Marking Reminders, Personal Property Tax Deadlines Extended, Real Estate Bill Deadline Unchanged, United Way Benefit Golf Tournament Postponed Free Activity Bags 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 9:29 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20596