City Council

Regular Session 11/10/20 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR HON. KERRY P. DEVINE, AT-LARGE CITY COUNCIL HON. MATTHEW J. KELLY, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. WILLIAM C. WITHERS, JR., WARD TWO HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 November 10, 2020 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, November 10, 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 Charlie L. Frye, Jr., Council members Kerry P. Devine, Dr. Timothy P. Duffy, Jason N. Graham, Matthew J. Kelly and William C. Withers, Jr. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Attorney Dori Martin, Community Planning and Building Services Director Charles Johnston, Development Administrator Marne Sherman, 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. COVID-19 (Coronavirus) Update. Fire Chief Jones reported that Governor Ralph Northam stated that the numbers were rising in Virginia, especially in the southwest area of the state. The number of hospitalizations have increased. The Governor did not take 20789 Regular Session 11/10/20 us back to phase II but here is an even stronger recommendation to wear face mask in public. He announced that Pfizer has produced a vaccine that was 90% effective. Statewide there are 885 people in the hospital, 224 in intensive care and 88 are on ventilators. The usage of ICU statewide is 79% but not all of those are COVID cases. The State positivity rate was up slightly from last month to 6.2% and the Rappahannock Area Health District (RAHD) positivity rate was 6.6%. Chief Jones said there was low ventilator usage in the RAHD. There was an average of 40-50 available hospital beds per day. The average positive cases in the area was approximately 25 and there are 273 new cases in the RAHD in the last week and 7 needed hospitalization. There was one death in the last two weeks in the RAHD and that was in Spotsylvania. The City has 36 new cases with one hospitalization. Chief Jones stated that they were in constant contact with the University of Mary Washington (UMW) and they were doing very well with their program. Over the last month they tested 200+ people with six positive cases. They also do surveillance testing, which is random testing, they tested 183 people and they had zero positive cases. Currently, they have four active cases, one in quarantine and two in isolation and the other had gone home. Since the beginning of the semester the number of positive cases on the campus had been 30. The UMW plans to do testing before students return home to their families and they will not return until around the 25 of January. The number of tests available has increased and there were agreements with three lab companies to get the results turned around quickly. Overall, Chief Jones reported the City was doing fairly well. Councilor Duffy expressed his appreciation for everyone who was taking all the safety precautions because they are key to getting this under control. He asked the priority for 20790 Regular Session 11/10/20 rolling out the vaccine. Chief Jones said from what he understands they plan to target the at risk populations and slowly move out to the general public. Councilor Graham asked Chief Jones if he had spoken with his counter parts about schools returning and going to the hybrid method of schooling. Chief Jones said this was a concern but they have not seen any spikes. He said most of the cases have come out of large gatherings but not so much in Virginia but throughout other parts of the Country. Consent Agenda Accepted for Transmittal as Recommended (D20- 520 thru D20-521). Councilor Graham moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). • Resolution 20-83, Approved, Approving the 2019-2020 Consolidated Annual Performance and Evaluation Report (D20-520). • Transmittal of Board and Commissions Minutes o Planning Commission Special Meeting – September 16, 2020 (D20-521). Citizen Comment. The following comments were submitted to be read during the citizen comment portion of this evening’s meeting. Alexanna Hengy (D20-522), 2412 Lafayette Boulevard, expressed concerns for the Gateway Boulevard project. She stated that this project was not in line with the commitment the City Council made to address the climate crisis. She also spoke of how this project would destruct 90 acres of forest. See D20-522 for more information. Council Agenda Presented. The following items were presented to Council for discussion. 20791 Regular Session 11/10/20 7A. Resolution 20-84, Commending the Fredericksburg Electoral Board, the Office of General Registrar Marc C. Hoffman, and Election Day Officials for Outstanding Service Administering the November 3, 2020 General Election – Mayor Mary Katherine Greenlaw 7B. Happy Birthday – Councilor Kelly 7C. Happy Anniversary – Mayor Greenlaw Resolution 20-84, Commending the Fredericksburg Electoral Board, the Office of General Registrar Marc C. Hoffman, and Election Day Officials for Outstanding Service Administering the November 3, 2020 General Election (D20-523) – Mayor Mary Katherine Greenlaw read the proclamation into record. Councilor Withers made a motion to approve Resolution 20-84, Commending the Fredericksburg Electoral Board, the Office of General Registrar Marc C. Hoffman, and Election Day Officials for Outstanding Service Administering the November 3, 2020 General Election; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). Happy Birthday – Councilor Kelly sent out birthday wishes to the United States Marine Corp and all those who serve and have served as well as to the families of those serving. The Marine celebrated its 245th Birthday on November 10, 2020. Happy Anniversary – Mayor Greenlaw congratulated Assistant City Attorney Dori Martin for her one-year anniversary and she said she has provided such essential services since she started and has done a great job. 20792 Regular Session 11/10/20 Adoption of Minutes (D20-524). Councilor Graham moved approval of the August 11 & 12, 2020 Work Session minutes and the October 27, 2020 Public Hearing and Regular Session minutes; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). Board of Zoning Appeals Appointment – Roy Gratz (D20-525). Councilor Devine made a motion to reappoint Roy Gratz to the Board of Zoning Appeals; motion was seconded Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Community Policy & Management Team for Youth & Family Services (CPMT) – JoAnne Kaiman (D20-526). Councilor Duffy made a motion to reappoint JoAnne Kaiman to the Community Policy & Management Team for Youth & Family Services (CPMT); motion was seconded Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Recreation Commission – Quincy Click (D20-527). Councilor Duffy made a motion to appoint Quincy Click to the Recreation Commission; motion was seconded Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Board of Social Services – Kisha Frye (D20-528). Councilor Duffy made a motion to appoint Kisha Frye to the Board of Social Services; motion was seconded Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Abstain. Vice-Mayor Frye. 20793 Regular Session 11/10/20 Resolution 20-85, Approving Revisions to the Unified Development Ordinance Procedures Manual (D20-529). After staff presentation, Councilor Devine made a motion to approve Resolution 20-85, approving revisions to the Unified Development Ordinance Procedures Manual; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Ordinance 20-24, First Read, Amending City Code §10-333 to Adjust Appointment Procedures and Membership Qualifications for the Fredericksburg Planning Commission to Allow for Staggered Terms and Reduce the Number of Planning Commission Members who are Required to Own Real Property (D20-530). After staff presentation Councilor Withers noted that the State Code only says there should be majority freeholders on the board and he said there could be less than three non-freeholders. Councilor Withers made a motion to approve Ordinance 20-24, on first read, amending City Code §10-333 to adjust appointment procedures and membership qualifications for the Fredericksburg Planning Commission to allow for staggered terms and reduce the number of Planning Commission Members who are required to own real property, with the change in the proposed ordinance to allow only two non-freeholders to serve on the Planning Commission; motion was seconded by Councilor Devine. After some discussion and the realization there was a lack of support Councilor Withers withdrew his motion and Councilor Devine withdrew her second. Councilor Graham made a motion to approve Ordinance 20-24, on first read, as originally submitted, amending City Code §10-333 to adjust appointment procedures and 20794 Regular Session 11/10/20 membership qualifications for the Fredericksburg Planning Commission to allow for staggered terms and reduce the number of Planning Commission Members who are required to own real property; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Frye, Duffy, Graham and Kelly. Nays (1). Councilor Withers. Councilor Devine lost connection to the meeting during this vote and she was unable to vote. Resolution 20-86, First Read, Amending the Fiscal Year 2021 Fredericksburg City Public Schools Budget to Appropriate CARES Set- Aside Grants and Relief Funds (D20-531 thru D20-531.2). Vice-Mayor Frye disclosed that his wife is an employee of the Fredericksburg School but he could participate in the transaction fairly, objectively, and in the public interest. Councilor Duffy disclosed that he was the Principal at James Monroe High School but he could participate in the transaction fairly, objectively, and in the public interest. After staff presentation, Councilor Graham made a motion to approve Resolution 20- 86, on first read, amending the Fiscal Year 2021 Fredericksburg City Public Schools budget to Appropriate CARES Set-Aside Grants and Relief Funds; motion was seconded by Councilor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Resolution 20-86, Second Read, Amending the Fiscal Year 2021 Fredericksburg City Public Schools Budget to Appropriate CARES Set- Aside Grants and Relief Funds (D20-531 thru D20-531.2). Councilor Graham made a motion to approve Resolution 20-86, on second read, amending the Fiscal Year 2021 Fredericksburg City Public Schools budget to Appropriate CARES Set-Aside Grants and 20795 Regular Session 11/10/20 Relief Funds; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Ordinance 20-25, First Read, Setting the Real Estate Tax Rate at $0.80 Per Every $100.00 of Assessed Value of Real Estate for the Second Half of Fiscal Year 2021 (D20-532). Staff gave a brief summary and after a brief discussion Councilor Kelly moved to approve Ordinance 20-25, on first read, setting the real estate tax rate at $0.80 per every $100.00 of assessed value of real estate for the second half of Fiscal Year 2021; motion was seconded by Councilor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Transmittal of a Resolution to Provide a Moral Obligation to Support the Financing of Stafford Regional Airport Hanger #5 (D20-533). Assistant City Manager Whitley gave a brief on the project stating this was a resolution of support and moral obligation. The Virginia Resources Authority (VRA) supporting the financing of the local share of the construction of a fifth hanger at the airport facility. The Stafford Regional Airport Authority (SRAA) seeks to finance approximately $800,000 and part of VRA financing requirements asked each of the local government that are a part of the Airport Authority to support the financing. The City’s share of the moral obligation would be 14.28%. This is the City’s share if the Authority was not able to meet their obligation. The Authority believes the debts would be paid for by the hanger fees. Mr. Hornung explained that the hangers are essential for earning revenues for the authority. The bulk of the revenues are through gas sales from the aircraft that are housed on 20796 Regular Session 11/10/20 the property. Mr. Hornung said there were currently four hangers on the property and they were all full. There is a waiting list of 13 owners looking for a hanger and they have all placed deposits for those hangers. The monthly rent for the hangers is around $4,700 per month hand based on the terms from VRA they are looking at a $4,100 per month debt service payment. The rent will cover the debt service. In the event there are any short falls SRAA will have an escrow set up to pay for any shortfalls in the future. He explained the purpose for the request was that it is required by VRA. Councilor Kelly requested Mr. Hornung give a brief update on the airport to the Council at the next meeting before they vote on this item. Councilor Wither’s said the City would be obligated to pay $8,000 a year if there was a shortfall and he said that was a pretty good deal. There was a brief discussion on the amount of air travel since COVID and Mr. Hornung said there was a dramatic drop off in March and April but in the last few months it had increased to pre-COVID numbers. City Manager’s Report and Council Calendar (D20-534 thru D20- 535). City Manager Baroody directed the Council’s attention to the Manager’s Update: Public Engagement on Racial Equity, FREE COVID-19 Testing, Property Reassessments, Fall Leaf Collection Begins, Dorothy Hart Community Center Schools Food Truck Stop, Christmas Parade 2020 Deadline Extended, Fredericksburg Regional Transit Awarded VTA Grant, Chatham Bridge Closure, Upcoming Council Meetings, COVID-19 (Coronavirus), CARES Act Funding in Action, Fall Programs, Fred Focus and VRE Welcomes Back Riders with Health and Safety Top of Mind. 20797 Regular Session 11/10/20 Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:52 a.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20798