City Council

CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. WILLIAM C. WITHERS, JR., WARD TWO Council Chambers, 715 Princess Anne Street HON. DR. TIMOTHY P. DUFFY, WARD THREE Fredericksburg, Virginia 22401 Council Work Session November 9, 2021 Good Neighbor Ordinance Updates/Noise Waivers Legislative Agenda Redistricting Process The Council of the City of Fredericksburg, Virginia held a joint work session on Tuesday, November 9, 2021, beginning at 5:30 p.m. in the Council Chambers of City Hall. Council Present. Vice-Mayor Charlie L. Frye, Jr., presiding. Councilors Kerry P. Devine, Timothy P. Duffy, Jason N. Graham, Matthew J. Kelly and William C. Withers, Jr. Council Absent. Mayor Mary Katherine Greenlaw. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager David Brown, City Attorney Kathleen Dooley, Assistant City Attorney Dori Martin, Police Chief Brian Layton, Captain Michael Presutto, Director of Economic Development and Tourism Bill Freehling, Assistant Director of Tourism MC Morris, Community Planning and Building Services Director Charles Johnston, Senior Planner Michael Craig and Clerk of Council Tonya B. Lacey. Good Neighbor Ordinance Updates/Noise Waivers. Chief Layton reported that on May 11 the Council passed a revised noise ordinance newly named the Good Neighbor ordinance. There were two major changes, the times applied and there was a 200-foot rule during the daytime. When it was approved Council determined that the stated time would not occur until June 15 so that training could be done with owners and Managers of the businesses downtown. The police would only address an issue if there was a complaint. There have been 15 complaints between June 15 and November 7 regarding noise. There were two summons issued to two different businesses. These complaints were mostly on Friday or Saturday nights. 1 He said he believed the ordinance was doing exactly what it is supposed to do and they were getting less complaints than ever. Councilor Devine asked how specific were the complaints when they are received and what was the time for response. Chief Layton explained that the calls come into the non- emergency line and the response time could be 2 minutes or it could be an hour depending on how busy the officers are. They are categorized as low priority. Sometimes the business is closed by the time the officer arrives and other times the noise did not rise to the complaint. Councilor Kelly said he would like to know what the adjudication was on those calls and he asked how many call does it have to be before determined a public nuisance. Chief Layton said that was a moving target and it’s not usually declared a public nuisance until there are a variety of complaints, not only noise. Councilor Withers said he understood that the General Assembly restricted the police from pulling over vehicles for certain thing and he wanted to know whether it restricted the police from pulling over a motorcycle for noise ordinance violation and Chief Layton said it did. The General Assembly restricted anyone from being pulled over for an exhaust violation only they must be pulled over for another violation as well. Assistant City Manager Whitley said they took a look at the noise ordinance waiver application and they included language that educated that the police have the right to revoke a noise ordinance waiver in their discretion if necessary. Staff stated that they also requested five days for the waiver of the noise ordinance. (See Attachment I) Councilor Kelly asked for clarification on the noise waiver when there is a private event on private property. He wanted to know how the City could control something on a private property. Staff said they would take a look at it and get back. Councilor Devine asked what the response would be from the 911 operator if someone called with a complaint on an event that has a noise waiver. Chief Layton said they would hear that they will send a supervisor (watch commander) out to see how bad the noise is. If they are in violations, they can receive a summons if they are not in violation the complainant would get a call back notifying that they are not in violation. Councilor Devine thought maybe it could be required to notify people within 300 feet. Chief Layton said he would have discussions on that and report back. 2  Legislative Agenda. Assistant City Attorney Martin noted that they were gearing up for the 2022 General Assembly Session. The session will be 60-days. The legislative team has come together to gather some priorities for consideration. She said they would be working with Eldon James and Laura Bateman from Eldon James Associates. They would help with their lobbying efforts in Richmond. There was also a new member of the team Preston Bryant of Mcquire Woods Consultants. Mr. Preston was a former member of the House of Delegates and he served as the Secretary of Natural Resources under Governor Tim Kaine. He would be helping with the City’s funding request for its wastewater treatment efforts. Laura Bateman gave a breakdown of the items on the agenda. Ms. Bateman said the State revenues surplus funds were at $26 billion. This was a 14½ percent growth over FY 2020 and the State will be able to many of the things the local governments will be asking them to do. There is also about 1.1 billion in ARPA State funding that remains to be allocated. The City priority is the Wastewater Treatment Plant and they are working closely with Mr. Preston Bryant and they have asked for $27 million. The other items were Tree Canopy, funding for aid to localities with police department, Fredericksburg City Schools for Career and Technical Educational offerings, supporting of Child Service Act Study (CSA), pilot project, and state support for negotiating rates and support financial assistance for STEPP-VA Requirements and Marcus Alert Protocols. Councilor Graham asked if the money for funding Police Department could be used or set aside for retirement benefits. Ms. Bateman said she does not have an exact answer but her understanding is that the HB599 funding was expungable and the city could do what it wanted to with it. Mr. Whitley said the money washes through the DCJS and he was not sure if there were restrictions on it. He said the Virginia Retirement Systems benefits was the same as all the competetors. The City pays a higher rate but the benefit was the same. He noted that in the budget they increased the retiree health benefit and there was a credit of $600 effective January, which was $45. Councilor Graham asked if it was likely the General Assembly would take on the changes to the Composite Index Ms. Bateman said she does not see that happening because any changes affect all the other localities in the state. The equity fund was the best way to get 3 dollars into the local schools. In order to make changes to the Composite Index would cause a massive tax overhaul. Councilor Graham asked if the City could do a request like it was doing for the Wastewater Treatment Plant for the construction of a new middle school and Ms. Bateman said they could and she said if other schools in the state could do it, why not. Mr. Whitley said he could roll something in the sales tax regarding the schools. Mr. Graham said if it could be a request in the state budget and lesson the burden on the citizens that would be better. Councilor Kelly said they have been talking about the CSA over a decade and he asked would it be better to focus in on certain issues in order to get some results. Ms. Bateman said it was insightful and it was an approach that could be taken. She said she had coached other locality clients to put in what was core to their localities and where change and funds were needed. Putting CSA front and center puts a stake in the ground because it was important for them to know. She noted that the new governor’s top priority was schools and if he cuts the grocery tax it would take money away from local governments. Councilor Devine said they don’t say anything about teacher raises and Virginia rated in the bottom 1/3 of the states and she asked should they be advocating more for teacher pay because there had been a record number of resignation. Mr. Bateman said that would be a terrific idea and she could provide language around teacher work force development issue as well as an economic development issue Councilor Withers said what concerned him about the new governor when he was speaking about education he speaks about charter schools and making pre-k private. Ms. Bateman said she had only heard public statements he had made but she heard from someone on his transition team that said the governor would go after the current statue for charter schools and that the power rest with the State. Councilor Withers said if they do away with the grocery taxes it would only shift more of the burden onto localities. He said he liked this legislative agenda being focused on what the real needs were. Redistricting Process. Mr. Johnston announced that there would be public meetings the first would be on November 16 at the Walker-Grant Center, the second meeting would be a Public Hearing November 23 in Council Chambers and public meeting on December 7 at the 4 Dorothy Hart Center and final council meeting December 14. The City was obligated to enact the redistricting by the end of the year. The City got a late start because the census data was released late. Mr. Johnston presented a PowerPoint presentation beginning by discussing the parameters they had to work with. He showed a current ward map and a chart showing the current ward plan, current ward summary by race, initial mapping exercise, initial mapping exercise scenario, initial mapping exercise by race, Plan A Map, Plan scenario A, Plan Scenario A-Summary by Race, Plan B Map, Plan B scenario and Plan B Scenario by race. See attachment for more information. Councilor Graham asked if the public would be allowed to submit their own options and Mr. Johnston said they would be able to submit comments but he said the data would not be able to be manipulated because it was done through a software that requires a license. Mr. Graham asked how they could submit suggestions and Mr. Johnston said through email or by calling the office. Councilor Graham asked about the requirement that they could not split precincts but the City had not received the information from the state, he wanted to know what happens if there was a split precinct. Mr. Dooley said once the information wad received from the state and if the City finds there are split precincts they would be allowed to adjust the precinct lines. Councilor Graham asked if Fredericksburg Park could be taking into consideration and Mr. Johnston said they could not. Councilor Kelly said politicians should not be too involved in this process just let the public weigh in and go from there. Mr. Johnston introduced Bailey Thompson the new Community Development Planner who used to work in Pennsylvania doing the same type of work. Adjournment. There being no further business to come before the Council at this time. Vice-Mayor Frye declared the session officially adjourned at 6:54 p.m. ______________________ Tonya B. Lacey, MMC Clerk of Council City of Fredericksburg 5 6