City Council

Regular Session 06/23/20 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 June 23, 2020 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, June 23, 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, Economic Development Director Bill Freehling, Business Development Manager Angela Freeman, Fire Chief Mike Jones, Budget Manager Brenna Erford 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. Proclamation Recognizing Virgie Bussart Gallahan Miller on her 100th Birthday (D20-244.1). Mayor Greenlaw read a proclamation into the record 20655 Regular Session 06/23/20 stating that on behalf of the City Council and the citizens of Fredericksburg, they celebrated and expressed gratitude to Virgie Bussart Gallahan Miller for the tireless years of volunteering and service to the community and citizens of Fredericksburg and the entire region, and she wished her the best and a wonderful Happy 100th birthday. Coronavirus (COVID-19) Update. Chief Mike Jones reported that they are starting to see some positive signs within the Health District and statewide. The last report was there were 16 new cases, two were in Fredericksburg bringing the number to 234 cases since the beginning of the pandemic. There were 29 positive cases in the area hospitals. There have been 39 deaths in the health district and there are still no deaths in Fredericksburg. The positivity on testing in the health district was down to 6.7 percent and the state was down 6.4 percent. Over 20,000 people have been tested in the health district. There were six people diagnosed in a long term health facility. Statewide the number of people in hospital beds have dropped to under 1,000, the number released has increased and the number of people in ICU and on ventilators has trended downward. There will be a community testing site set up in the health district at the Bragg Hill Family Life Center. There are more sites where citizens can get tested to include: Urgent Care centers, CVS, and primary care doctors. Councilor Graham asked about contact tracing and Chief Jones said the Governor reported that they had hired a few people and they were being dispersed to various health districts. He said it takes a little time to get them trained. Councilor Duffy asked Chief Jones his thoughts on moving to Phase 3 and he said it was very similar to what was currently being done except the restaurants and businesses could allow more people, but they still have to remain socially distant, gymnasiums could move to 20656 Regular Session 06/23/20 75 percent, less restrictions on museums and outdoor venues. He said the reason he believes the Governor moved so quickly to Phase 3 was due to the numbers trending down and staying down. He said he thought the Governor was being cautious. Councilor Duffy thanked everyone for wearing their mask and keeping their distance and washing their hands. Public Hearing. The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. The following comments were submitted to be read during the citizen comment portion of this evening’s meeting. Alan Dashner (D20-245), 602 Caroline Street, spoke about his disappointment with videos he had seen and the denial of what had occurred. He said this hurts the future of the City. See D20-245 for more information. Tristan Haag (D20-246), 10106 Colechester Street, 22408, spoke of his disappointment of the actions taken by Fredericksburg Police and the Stafford County Deputies during the protests. See D20-246 for more information. Kasey Roper (D20-247), 10600 Mystic Point Drive, 22407, described events that had occurred over the last couple of weeks and she asked the City to help end all of this and to ban the use of tear gas and rubber bullets. She also suggested the officers receive additional training. See D20-247 for more information. Emily Hollingsworth (D20-248), 11707 Roosevelt Road, 22407, thanked the Council for sharing and considering an actionable plan to address racial inequality and discrimination. She also suggested that the Council listen to the ideas of Black Lives Matter FXBG, the Fredericksburg Power Collective and FXBG/AAC groups. Ms. Hollingsworth asked Council to prioritize the independent review. See D20-248 for more information. 20657 Regular Session 06/23/20 Caitlin Bennet (D20-249), 612 George Street, thanked the City Manager and city staff for crafting an action plan in response to the ongoing outcry for change in the City. She also spoke about how troubled she had been because of the events that occurred between May 29 and the beginning of June. Ms. Bennet said she would like the City to begin the process of forming a Police Civilian Review Board and to encourage the General Assembly to establish a fund mediation program in state schools, funding to increase mental health services for the Fredericksburg Police Department and statewide training standardization for police departments. See D20-249 for more information. Emily Brown (D20-250), 1114 Prince Edward Street, requested the City drop the charges on the 50 who were charged for breaking curfew. See D20-250 for more information. Areli Rodriguez (D20-251), 5089 Tara Drive, 22407, asked that the City free the Fredericksburg 50. See D20-251 for more information. Ryan Vera (D20-252), 1114 Prince Edward Street, requested that the charges he received for protesting be dropped. See D20-252 for more information. Lanaisha Foreman (D20-253), 320 Riverside Manor Boulevard, asked that the City free the Fredericksburg 50. See D20-253 for more information. Amaya Montgomery (D20-254), 4 Wagoneeers Lane, 22554, asked that the City free the Fredericksburg 50. See D20-254 for more information. Caroline Ayers (D20-255), 1913 Fall Hill Avenue, asked that the City free the Fredericksburg 50. See D20-255 for more information. Jason Elms (D20-256), 1307 Sunken Road, asked that the City free the Fredericksburg 50. See D20-256 for more information. 20658 Regular Session 06/23/20 Aubrey Crowder (D20-257), 3211 Calvary Ridge Court, 22408, asked that the City free the Fredericksburg 50 and she wanted the City to apologize for acts committed by the Fredericksburg Police Department. See D20-257 for more information. Meghan Eilenfield (D20-258), 1025 Potomac Drive, 22555, asked the City to apologize for its actions. See D20-258 for more information. Beryl Brindley (D20-259), 1913 Fall Hill Avenue, asked that the City free the Fredericksburg 50. See D20-259 for more information. Adam Whitley (D20-260), Elmhurst Avenue, expressed his concern for the tactics the Fredericksburg Police Department used on the protestors. He also criticized the tactics used in the arrest of Rayshawn Crawford. Mr. Whitley demanded open, public community oversight of the Police in the form of a Community Oversight Board. See D20-260 for more information. Rebecca Boelsche (D20-261), Telluride Lane, 22553, expressed her concern for the tactics the Fredericksburg Police Department used on the protestors. She also criticized the tactics used in the arrest of Rayshawn Crawford. Ms. Boelsche demanded open, public community oversight of the Police in the form of a Community Oversight Board. See D20- 261 for more information. Tommy Manuel (D20-262), Franklin Street, expressed his concern for the tactics the Fredericksburg Police Department used on the protestors. He also criticized the tactics used in the arrest of Rayshawn Crawford. Mr. Manuel demanded open, public community oversight of the Police in the form of a Community Oversight Board. See D20-262 for more information. Susan Wyndham (D20-263), 10420 Forest Hill Court, 22408, expressed her concern for the tactics the Fredericksburg Police Department used on the protestors. She also 20659 Regular Session 06/23/20 criticized the tactics used in the arrest of Rayshawn Crawford. Ms. Wyndham demanded open, public community oversight of the Police in the form of a Community Oversight Board. See D20-263 for more information. Jadeh Kerey (D20-264), 10 Donna Dale Drive, 22405, expressed her concern for the tactics the Fredericksburg Police Department used on the protestors. She also criticized the tactics used in the arrest of Rayshawn Crawford. Ms. Kerey demanded open, public community oversight of the Police in the form of a Community Oversight Board. See D20- 264 for more information. Alexi Kerey (D20-265), 13 Greeland Court, 22405, expressed her concern for the tactics the Fredericksburg Police Department used on the protestors. She also criticized the tactics used in the arrest of Rayshawn Crawford. Ms. Kerey demanded open, public community oversight of the Police in the form of a Community Oversight Board. See D20- 265 for more information. Shana Kerey (D20-266), 13 Greenland Court, 22405, expressed her concern for the tactics the Fredericksburg Police Department used on the protestors. She also criticized the tactics used in the arrest of Rayshawn Crawford. Ms. Kerey demanded open, public community oversight of the Police in the form of a Community Oversight Board. See D20- 266 for more information. Rebecca Baker (D20-267), 8 Willow Branch Place, 22405, asked that the charges be dropped against the Fredericksburg 50. See D20-267 for more information. Julianne Hudson (D20-268), 6721 Morris Road, 22551, asked that the charges be dropped against the Fredericksburg 50. See D20-268 for more information. Dolly Whitley (D20-269), 2000 Elmhurst Avenue, expressed her concern for the tactics the Fredericksburg Police Department used on the protestors. She also criticized the 20660 Regular Session 06/23/20 tactics used in the arrest of Rayshawn Crawford. Ms. Whitley demanded open, public community oversight of the Police in the form of a Community Oversight Board. See D20- 269 for more information. Alex Weathersby (D20-270), 213 Farrell Lane, expressed her concern for the tactics the Fredericksburg Police Department used on the protestors. She also criticized the tactics used in the arrest of Rayshawn Crawford. Mr. Weathersby demanded open, public community oversight of the Police in the form of a Community Oversight Board. See D20- 270 for more information. Bryan Bess (D20-271), 425 Woodford Street, spoke about the arrest of Rayshawn Crawford and how disappointed he was in the tactics used. He demanded justice, change and empathy because he said the City was better than this. See D20-271 for more information. Jim Tharp (D20-272), 1104 Century Oak Drive, offered words of support for the Police Department. He also spoke of the high level of talent and professionalism that exists throughout the department. See D20-272 for more information. TJ Oprysk (D20-273), Cowan Boulevard, expressed concern for the tactics the Fredericksburg Police Department used on the protestors. Citizen Oprysk also criticized the tactics used in the arrest of Rayshawn Crawford. Citizen Oprysk demanded open, public community oversight of the Police in the form of a Community Oversight Board. See D20- 273 for more information. Alex Caphaw-Taylor (D20-274), 117 Springwood Drive, expressed her concern for the tactics the Fredericksburg Police Department used on the protestors. She also criticized the tactics used in the arrest of Rayshawn Crawford. Ms. Caphaw-Taylor demanded open, public community oversight of the Police in the form of a Community Oversight Board. She also noted that the schools were requiring only girls to get the HPV vaccination and she said 20661 Regular Session 06/23/20 there was no place for gender scapegoating that all 6th graders should be required to get the vaccination. See D20-274 for more information. Amanda Stebbins (D20-275), 1613 Sunkin Road, wanted to know if the James Monroe school resource officer was among those officers deploying tear gas. She also asked the Council to consider what facts or evidence support the use of school resource officers in the City schools. She did not feel this was a good use of police time and she did not believe it develops good ties between the community and the police. See D20-275 for more information. Laurie Bendall (D20-276), 1104 Century Oak Drive, offered support of the Fredericksburg Police Department. She noted that they have been asked to continue to show up during COVID while everyone else stays home, they have been asked to protect the City through the protest as well as reach out and connect with the protesters and protect their assembly rights. They have been asked to do all this while their long overdue pay raises have been cut. Ms. Bendall spoke of her disappointment knowing that the Police have been so heavily relied on over the past four months. See D20-276 for more information. Charlie Sharpless (D20-277), 1613 Sunkin Road, asked the City to encourage Chief Layton to decline to press charges for arrest related to violation of curfew and for all non- violent charges associated with the protest during May 31st and June 2nd. Mr. Sharpless also requested the person who ordered the teargassing be put on leave pending the results of the investigation. He suggested that this action would instill public trust that the investigation would be carried out transparently and judiciously. Mr. Sharpless also requested an independent investigation in to the police actions of May 31st and June 2nd. See D20-277 for more information. 20662 Regular Session 06/23/20 David Claeson (D20-278), 1104 William Street, asked for an apology for the tear gassing of the protesters and he asked the City to work with the community leaders to ensure this would not be repeated. He also suggested diverting police funds to schools and social programs within the City. See D20-278 for more information. Teresa Eastman (D20-279), 4 Royal Crescent Way, 22407, spoke of her disappointment in the way black people and people of color have been treated. She would like to see accountability for whomever called for the tear gassing on May 31 and June 1. Ms. Eastman also asked the City to free the Fredericksburg 50 that were arrested for being out passed curfew. See D20-279 for more information. Mara Scanlon (D20-280), 906 Marye Street, requested an independent review of the events that took place during the protest. She also suggested renaming Maury field and Jefferson Davis Highway. See D20-280 for more information. Marjorie Lucas (D20-281), 1014 Black Oak Court, offered a letter of support to the Fredericksburg Police Department. She spoke of how the police work with the community and listen to their concerns. Ms. Lucas also supports having a school resource officer in the schools. See D20-281 for more information. Chris Roland (D20-282), 110 Madison Avenue, 22405, requested all charges be dropped against those who were arrested and charged with curfew violations during the protest. See D20-282 for more information. Carl & Lea Braun (D20-283), 1208 Century Oak Drive, spoke in support of the Police Department. They stated how it has always been a positive experience each time they have had dealings with the police. Mr. and Mrs. Braun commended the work of the Police Department. See D20-283 for more information. 20663 Regular Session 06/23/20 William Gravatt (D20-284), 1400 Sands Circle, noted that he has worked closely with the Fredericksburg Police Department and each time they were professional, courteous and respectful. See D20-284 for more information. Carolyn Ledbetter (D20-285), 1106 Century Oak Drive, spoke in support of the Fredericksburg Police Department and the first responders. She commended the police who serve during difficult times. Ms. Ledbetter said many serve with compassion and care while upholding the laws. She said they stand behind them and support them for what they put on the line to serve. See D20-285 for more information. Veronica Eastman (D20-286), 4 Royal Crescent Way, 22407, asked the Council how they sleep knowing they are part of the problem; how do you sleep knowing you have done nothing for the black community and how do you sleep knowing you are letting back people die. See D20-286 for more information. Laura Moyer (D20-287), 1605 Sunken Road, spoke of how horrified she was that the police used tear gas on the protesters. She mentioned how each protester was keeping each other in check as they were met with tear gas. She spoke in support of an outside independent investigation into the actions of the police. See D20-287 for more information. Kathleen Harrigan (D20-288), 1309 Payne Street, thanked the Council for preserving the budget for most of the partner agencies. She also asked the City to strengthen partnerships with the local social service organizations through additional funding; expanding the list of the City’s partner agencies to broaden services for Black, Indigenous and People of Color. Second, she thanked the City for engaging in direct conversation with leaders of the Black Lives Matter protest. Ms. Harrington would like to see an expedited review of the use of tear gassing incident, ensuring staff is held accountable and a review of policy and 20664 Regular Session 06/23/20 protocols and performance associated with the use of such weapons. See D20-288 for more information. Jeb & Kristina Brough (D20-289), 1108 Century Oak Drive, spoke in support of the Fredericksburg Police Department. They mentioned the Police department’s mission and said there had not been anything to lead them to believe they have strayed form their mission statement. Mr. and Mrs. Brough said if anything they have gone above and beyond that mission statement. They spoke of how they have supported the schools anytime they were asked to assist in any way. See D20-289 for more information. Jackson Gravatt (D20-290), 1104 Century Oak Drive, spoke about how great of a job the police and fire fighters have been doing during these hard times. He gave thanks to them for protecting and serving the community. See D20-290 for more information. Jack Schaffer (D20-291), thanked the Police Department for keeping the community safe and for making sacrifices for the City. See D20-291 for more information. Council Agenda Presented. The following items were presented to Council for discussion. 7A. Resolution 20-49, Adopting a Three-Phase Plan for Community Response to Protests Calling for Reforms to Address Racial Inequality and Race Discrimination – Mayor Greenlaw 7B. FAMPO – Councilor Kelly 7C. Renaming Jefferson Davis Highway – Councilor Devine 7D. City Matters – Councilor Graham Resolution 20-49, Approved, Adopting a Three-Phase Plan for Community Response to Protests Calling for Reforms to Address Racial 20665 Regular Session 06/23/20 Inequality and Race Discrimination (D20-292 thru D20-294). Mayor Greenlaw apologized to the protesters for the tear gassing on May 31. She said there would be a thorough investigation and a full report provided to the community. She also acknowledged that racial discrimination and the racial inequality exists. She said the Council was making a commitment to listening and making a lasting change by adopting a plan of action. Mayor Greenlaw said the City would be calling on the entire community to work with them. She said the City was hearing the messages and they would address racial inequality and discrimination in all forms. The resolution before the Council was a plan to respond to the calls for reform. The Plan has three phases: first phase are the goals and actions that would occur in three to six weeks with the focus on a complete review of the use of force and incident commands on May 31 through the first week of June. It would also include an independent external review and would result in a full report to the community. They would also create an Incident Management Team. Phase two would begin at the end of June through the end of August to generate actionable proposals to include any legislative proposals for the General Assembly’s special session in August. The final phase would be ongoing to address racial injustice and discrimination. Councilor Devine said there was a lot of opportunity for the City to listen and she hoped they would be moving from protest to policy. Councilor Graham discussed a proposed amendment to Section 2.10 which says “to discuss obtaining a third party review of law enforcement actions” and he would like to have it say “obtain an independent third party review of the city’s response to protest on May 31 through June 2, 2020”. 20666 Regular Session 06/23/20 Councilor Graham made a motion to approve Resolution 20-49, adopting a Three- Phase Plan for community response to protests calling for reforms to address racial inequality and race discrimination as amended; motion was seconded by Councilor Frye. Councilor Duffy thanked everyone for their work and he said Mayor Greenlaw spoke for him in her apology. He said it would be a lot of work but the City was up for it. Mayor Greenlaw thanked the City Manager and staff for putting together the plan she said it was workable and they would use the opportunity to look at themselves and address the issues. She said everyone must work together to remove racial injustice and discrimination from this community. The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). FAMPO. Councilor Kelly said he has served on the FAMPO organization for years and it is responsible for regional transportation planning. He said they were the first MPO to prioritize transportation projects by cost, safety and congestion mitigation. They were also the first to include transit and pedestrian into the long range plan. He said there had been a lot of things going on around the region and it was because of regional cooperation. Councilor Kelly said there were three key items to help them achieve what they have achieved and they include: regional cooperation, deliberative body and strong partnerships with VDOT, Department of Rail and Public Transportation and federal highways. Councilor Kelly said within the past few months there had been issues with moving forward on transportation in the region. He explained that at the meeting before last they were presented with information that was not presented prior to the meeting, which included taking critical action on transportation projects and reducing the funding to other transportation projects specifically GWRC Ride Connect without prior notification of the 20667 Regular Session 06/23/20 changes coming forward. The request was made by the City to approve those projects previously discussed and agreed to and defer any other discussions until there was opportunity to look at the documentation and have further discussion before proceeding forward. The Board decided to move forward with the vote to add to the list a project that had not been prioritized or discussed. The project went forward with a 6 to 5 vote. The votes against were the three city votes, VDOT and Potomac Regional Transportation. Councilor Kelly said at the last meeting they again presented a project and document that they had not seen prior to the meeting but the regional colleagues had seen them. He said those actions have caused a strain on the regional relationship with everyone. He said he removed himself from the meeting that night so that they did not have a quorum to vote on the item. He said regional cooperation is not working. He said they would be sitting down to work on these issues. Vice-Mayor Withers said these items were brought to the board and the administrators did not know what was happening. He said this has to change. Renaming Jefferson Davis Highway. Councilor Devine said there had been a lot of community discussions and she wanted to let the public know that they hear them. At the July 14 meeting, Councilor Devine will ask the Council to consider a resolution that supported the name change as they would work with the Commonwealth Transportation Board, the General Assembly, the Governor and Delegate Josh Cole who she believes was planning to introduce it at the special General Assembly session in August. Councilor Devine also noted that the City’s Memorials Advisory Commission voted unanimously to support a name change of Jefferson Davis Highway. She thought it would be more powerful for Delegate Cole if he had the City’s support when he presents the item. 20668 Regular Session 06/23/20 Vice-Mayor Withers said he felt it would be better if the State did the name changing and not only within the City but he would like to push the name change throughout the State of Virginia. He said if the State was unwilling he would support Councilor Devine’s efforts. Councilor Duffy said he would support Councilor Devine and he said it would be nice if the State did the change but he did not think the City had to wait for that. He said the City should be leaders for the regions. Councilor Devine explained that she would like to support the name change going to the General Assembly but if they take no action she would like the City to reserve the right to change the name. Councilor Frye said this could show everyone that the City was taking a leadership role. Councilor Kelly said the history of the City has gone beyond the Civil War and he said he would like to honor people in the Community. Councilor Kelly said that because the road was built by the State, the City would have to get permission from the State to rename it but he was looking forward to the conversation. Councilor Graham was looking forward to the name change and he would like the City to move forward and seize the moment. Vice-Mayor Withers said we must be sensitive to the businesses that will have to change their address so he asked us to make sure they have plenty of notice. City Matters. Councilor Frye wanted to be sure the public knew that the Council was listening to them. He said there had been a lot of comments on people getting arrested and they are asking the Council to drop the charges, but the Council have no authority to do so. He said many people do not know how the process works and he encouraged them to follow through on their own. 20669 Regular Session 06/23/20 Councilor Frye also noted that many of the people involved in the protest don’t realize they are not City residents. He encourage those who were not City residents to go to their jurisdiction and make a change. He also mentioned the Fredericksburg Power Collective who is working to write a curriculum for the schools on Protest 101. Consent Agenda Accepted for Transmittal as Recommended (D20- 295 thru D20-297). Councilor Kelly moved approval of the City Manager’s consent agenda; 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 20-50, Approving the Virginia Juvenile Community Crime Control Plan for Fiscal Years 2021 and 2022 (D20-295). • Transmittal of the 2020 General Assembly Legislative Summary (D20-296). • Transmittal of Boards and Commission Minutes o Board of Social Services – February 6, 2020 (D20-297). Adoption of Minutes. Councilor Kelly moved approval of the June 2, and June 4, 2020 special session minutes; 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). Appointment to the Rappahannock Emergency Medical Services Council - Scott Davis (D20-298). Council Devine moved to reappoint Scott Davis to the Rappahannock Emergency Medical Services Council; motion was seconded by Councilor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). 20670 Regular Session 06/23/20 Appointment to the Social Services Board – Brian Vaughan (D20- 299). Council Devine moved to reappoint Brian Vaughan to the Social Services Board; 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). Appointment to the Recreation Commission – David Dorsey (D20- 300). After the recorded vote taken, David Dorsey was reappointed to serve on the Recreation Commission with a vote resulting between applicants David Dorsey and Quincy Crecelius Click. Dorsey (5) Greenlaw, Withers, Devine, Graham, Kelly. Click (2) Duffy, Frye. Appointment to the Parking Advisory Committee – James Tankersley (D20-301). Council Duffy moved to reappoint James Tankersley to the Parking Advisory Committee; 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). Appointments to the Economic Development Authority – Will Mackintosh, Susan Richey (D20-302). After the recorded vote taken, Will Mackintosh and Susan Richey were appointed to serve on the Economic Development Authority with a vote resulting between applicants Will Mackintosh, Susan Richey, Paul Janney and William Pasenelli. Mackintosh (7) Greenlaw, Withers, Devine, Duffy, Frye, Graham, Kelly. Richey (6) Greenlaw, Devine, Duffy, Frye, Graham, Kelly. Janney (1) Withers. Pasenelli (0). Resolution 20-44, Second Read Approved, Appropriating Funds for Fiscal Year (FY) 2021 Beginning July 1, 2020 through June 30, 2021 (D20- 20671 Regular Session 06/23/20 303). Councilor Duffy disclosed that he was a Principal at James Monroe High School but he was able to participate in the transactions fairly, objectively and in the public interest. Councilor Frye disclosed that his spouse was an Assistant Principal for the Fredericksburg School system but he was able to participate in the transactions fairly, objectively and in the public interest. Assistant City Manager Whitley presented the budget noting the cuts that were made from the originally presented budget. The budget being presented was $94,324,942 which was a decline from the original recommendation of $103.4 million as well as a decrease from the FY 2020 budget. He noted there were no tax increases and no fee increases but staff may look at fee increases in January. Since the first read staff reduced travel and training budgets and moved those monies to the general fund, there was also a reduction to the City Council salaries. As requested in a proposition, staff is funding the SPCA $5,000 out of contingency funding. Councilor Kelly moved to approve Resolution 20-44, on second read, appropriating funds for Fiscal Year (FY) 2021 beginning July 1, 2020 through June 30, 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). Ordinance 20-11, Second Read Approved, Suspending the Effective Date of Ordinance 20-01, an Amendment to the Unified Development Ordinance to Require the Preservation and Accommodation of Archeological Resources (D20-304). After staff presentation Councilor Graham made a motion to approve Ordinance 20-11, on second read, suspending the effective date of Ordinance 20-01, an amendment to the Unified Development Ordinance to require the 20672 Regular Session 06/23/20 preservation and accommodation of archeological resources; 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). Resolution 20-51, Approved, Granting a Special Use Permit for a Recycling Center at 10 Harkness Boulevard (D20-305). After staff presentation Councilor Devine made a motion to approve Resolution 20-51, granting a special use permit for a recycling center at 10 Harkness Boulevard; 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 20-52, Approved, Granting a Special Exception for a Recycling Center at 10 Harkness Boulevard (D20-306). After staff presentation Councilor Devine made a motion to approve Resolution 20-52, granting a special exception for a recycling center at 10 Harkness Boulevard; 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). Ordinance 20-12, Frist Read Approved, Amending 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 (D20-307). After staff presentation Councilor Kelly made a motion to approve Ordinance 20-12, on first read, amending the Unified Development Ordinance §72-59 Signage, to update building signage standards in commercial, industrial, and planned 20673 Regular Session 06/23/20 development districts and 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). Ordinance 20-12, Second Read Approved, Amending 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 (D20-307). Councilor Kelly made a motion to approve Ordinance 20-12, on second read, amending 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; 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 20-53, Approved, Amending the Comprehensive Plan to Update Fredericksburg’s Transportation Projects Identified in the FAMPO 2040 Constrained Long Range Plan and Projects Not Yet Included in the Long Range Plan (D20-308). After staff presentation Councilor Kelly made a motion to approve Resolution 20-53, amending the Comprehensive Plan to update Fredericksburg’s transportation projects identified in the FAMPO 2040 Constrained Long Range Plan and Projects not yet included in the Long Range Plan; motion was 20674 Regular Session 06/23/20 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). Adopting a Small Business Assistance Program Using CARES Act Funding (D20-309 thru D20-310). Economic Development Director Freehling explained that this was a proposal to start a small business assistant program using a portion of the City’s $2.5 million CARES Act allocation. It was previously discussed that they could use $500,000 for the program. He said he and Business Development Manager Angela Freeman, Economic Development Specialist Amy Peregoy, Assistant City Manager Doug Fawcett, and Commissioner of Revenue Lois Jacob met with the Business Assistance Committee to create a proposal. This would be the second grant program and they would like to do this round differently. They plan to come up with stringent criteria for businesses to quality and if they qualify they enter into a random drawing to receive a grant. He said this is how it has been done in several other localities because it removes the subjective bias from the process. The committee proposes having three separate drawings based on revenue using the same criteria the City uses for business license: $0-100,000; $100,000-350,000 and over $350,000. They must have a physical location in the City of Fredericksburg, they must be current on all city tax obligations, have been in business in the City since July 1, 2019, gross receipts cannot exceed $2.5 million, they must be able to show demonstrable impact by COVID-19 because of business interruption, they must be a for profit business, they must agree to various thing such as subject to FOIA and the Commissioner of Revenue will review their gross revenue. Mr. Freehling said the proposal was for the Council to allocate $500,000 for the program and they would develop the application and go live as soon as Monday to allow businesses to apply and staff could send checks out by mid to late July. 20675 Regular Session 06/23/20 Councilor Kelly said he thought they would be going out in the community to see what the needs were first as well as defining the role of Council in the process. He mentioned he would like to use some of the money for marketing purposes since many of the businesses had already received federal funds. He said using the money for marketing could bring more people to the City and that would help everyone. Councilor Kelly praised Main Street for the use of their funds to help businesses by setting up social media presence and expanding their ability to deliver to the community. He said Main Street has asked for any assistance the City could give them so they could expand that program. He asked that this be brought back at the next Council meeting. Councilor Graham said he could support having a little more time but he wanted to voice his support to some of the randomness and making sure there was an opportunity for all businesses to apply and not making it for downtown businesses only. Councilor Devine said she agree with Councilors Kelly and Graham. She also noted that Council had received a report from Main Street who represents a lot of businesses downtown and it was important to take into consideration some of the request or challenges in the report. She said long term it would be best if this was brought back at the next meeting. She said she appreciate the process the committee has set up. Vice-Mayor asked if the money could be reallocated and set aside for Main Street so that businesses did not have to wait. Mr. Freehling said in the first round fifty-five percent of the money went to downtown businesses and if Council decided to give money to Main Street they would have to make sure there was no overlap in the disbursement of the funds. City Attorney Dooley said she had not seen the Main Street program but the CARES Act funding has guidance for its use and it must be used for those reasons only or it would have to be returned. 20676 Regular Session 06/23/20 Councilor Kelly said he would like to have a bigger impact on the City and he believes marketing would do that. He said the focus needed to be on keeping the tax base. He also suggested that staff begin taking applications but Council hold off on a vote until July 14. Mr. Freehling said in order to begin taking applications he would need the Council’s support on the criteria. Councilor Graham said he was not comfortable with moving forward unless the criteria was approved. Councilor Kelly made a motion to accept the criterial established by the Business Committee with no monetary attachment on the understanding that staff would report back on the applications received at the July 14 meeting and cover the issues of the Main Street report and the possibility of using some of the funding for marketing; motion was seconded by Vice-Mayor Withers. Councilor Frye agreed with the Main Street memo that said business establishments of July 1, 2019 was too far back and he wanted to change that date to February 1, 2020. Mr. Freehling said Main Street had mentioned two of the criteria in their memo one being the business establishment date and they also thought non-profits should be considered. He explained that the July 1, 2019 would show that a business had established a track record, they would have paid taxes and this helps to eliminate fraud. Mr. Freehling said he and the Committee recommend for profit businesses only. Councilor Frye made a motion to change the criteria date to February 1, 2020 instead of July 1, 2019; motion was seconded by Councilor Graham. Councilor Kelly agreed to the amendment to his motion. Vice-Mayor Withers stated that the Business Committee spent a lot of time coming up with the criteria and he did not want to change what they had worked on and he could not support the motion. 20677 Regular Session 06/23/20 Councilor Devine said the issue she had with the February date was that taxes are paid in the rears and she asked staff how that would work and Mr. Freehling said that was one of the reasons for going with the July 1, 2019 date so they could assess the 2019 revenues. After hearing the reasoning Councilor Kelly said he agreed with the July 1, 2019 date. Councilor Frye said his reason for suggesting the February date was so that businesses that may need help would not be left out. The motion to change the date to February 1, 2020 failed by the following recorded votes. Ayes (2). Councilors Frye and Graham. Nays (5). Councilors Greenlaw, Withers, Devine, Duffy and Kelly. The original motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Motion to Suspend the Rules. In order to meet passed 11:00 p.m. Councilor Kelly moved to suspend the rules; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Graham and Kelly. Nays (1). Councilor Frye. Ordinance 20-13, First Read Approved, Reducing the Salaries of the Mayor and Members of City Council in Light of Reduced Revenue Projections Due to the Impacts of COVID-19 (D20-311). After staff presentation, Councilor Devine made a motion to approve Ordinance 20-13, on first read, reducing the salaries of the Mayor and members of City Council in light of reduced revenue projections due to the impacts of COVID-19; motion was seconded by Councilor Frye and 20678 Regular Session 06/23/20 passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Ordinance 20-13, Second Read Approved, Reducing the Salaries of the Mayor and Members of City Council in Light of Reduced Revenue Projections Due to the Impacts of COVID-19 (D20-311). Councilor Kelly made a motion to approve Ordinance 20-13, on second read, reducing the salaries of the Mayor and members of City Council in light of reduced revenue projections due to the impacts of COVID-19; 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). City Manager’s Report and Council Calendar (D20-312 thru D20- 313). City Manager Baroody directed the Council’s attention to the Manager’s Update: Special Council Meeting Held, June 23 Primary Elections, Chatham Bridge Closure, Upcoming Council Meetings, COVID-19 (Coronavirus), Where to Buy Coverings in FXBG, Census 2020 and Fred Focus. Councilor Dufy encourage citizens to complete the Census. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 10:59 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20679 Regular Session 06/23/20 [This page intentionally left blank.] 20680