City Council

Regular Session 02/22/22 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. JONATHAN A. GERLACH, WARD TWO HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 February 22, 2022 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, February 22, 2022, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw. Council members Kerry P. Devine, Dr. Timothy P. Duffy, Jonathan A. Gerlach, Jason N. Graham, and Matthew J. Kelly. City Council Absent. Vice-Mayor Charlie L. Frye, Jr., attending a school event with his son. Others 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, Fire Chief Mike Jones, Director of Planning and Building Services Charles Johnston, Police Chief Brian Layton, Assistant Finance Director Richard Lawrence, Budget Analyst Donna Leahy, Environmental Programs Manager Scott Rae, 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 Councilor Jason N. Graham. 21289 Regular Session 02/22/22 Officer Recognized. Mayor Greenlaw recognized the presence of Lt. Rashawn Cowles, at this evening’s meeting. Proclamation Recognizing JV Skinner, Jr. for 25 years of Service with the Fredericksburg Fire Department (D22-47). Mayor Greenlaw presented Mr. Skinner with a proclamation and thanked him for his selfless and dedicated contributions to the City and she extended best wishes for continued success and happiness with future endeavors for him and his family. Mr. Skinner thanked his family and all the men and women in uniform for their support as well as the community. He said it has been a great experience. Chief Jones thanked Mr. Skinner for his 25 plus years at the fire department. He thanked him for his professionalism and wished him the best in his retirement. COVID-19 Update. Chief Jones reported that that the numbers were continuing to trend downward. The total number of new cases was down by half as well as the new cases per day and the number in the hospital. The percent positivity was down from 25 percent to 12.3 percent. The number of new cases in the City was nine. Statewide hospitalizations were down under 2000, and the number in the intensive care unit and on ventilators was down by half. The state positivity rate was 9.6 percent. The state vaccination count was 15 million, 7 million had received at least one dose, 6 million had received the second dose and 3 million had received the booster. This makes about 80.7 percent of Virginians vaccinated with at least one dose. In the 21290 Regular Session 02/22/22 City, 18,000 had received at least on dose and all the Health Districts were in decline except one. Consent Agenda Accepted for Transmittal as Recommended (D22- 48 thru D22-53). Councilor Kelly pulled item 5B off for discussion. Councilor Kelly moved approval of the City Manager’s consent agenda with the exception of Item 5B; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Gerlach, Graham, and Kelly. Nays (0). • Resolution 22-07, Frist Read Approved, Amending the Fiscal Year 2022 Budget to Appropriate Funds for the Purchase of a Fire Ladder Truck and Police Vehicles (D22-48). • Resolution 22-09, Frist Read Approved, Fiscal Year (FY) 2022 Budget Amendment Authorizing the Appropriation of FY 2021 Carryovers and Approving Additional Appropriations for Certain capital Projects (D22-50). • Transmittal of Board and Commission Minutes o Board of Social Services – December 2, 2021 (D22-51). o Economic Development Authority – January 14, 2022 (D22-52). o Fredericksburg Arts Commission – January 19, 2022 (D22-53). Resolution 22-08, Second Read Approved, Amending the Fiscal Year 2022 Budget to Appropriate Funds in the General Fund and the Public Works Capital Fund for the Learning Lane Culvert Replacement Projects (D22-49). Councilor Kelly pulled this item to make sure the concerns that was brought 21291 Regular Session 02/22/22 up by a citizen in an email before the last meeting were addressed and Mr. Whitley said he was confident that any over run from redesign would be covered. He noted there was a heavy contingency on this project of twenty percent and they were confident that they would meet the budget even with any design changes. He said if the project bids come back high they would resubmit it to the Council or scale back on the design. Councilor Kelly made a motion to approve Resolution 22-08, on second read, amending the Fiscal Year 2022 budget to appropriate funds in the general fund and the Public Works Capital Fund for the Learning Lane culvert replacement projects; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Gerlach, Graham, and Kelly. Nays (0). Citizen Comment. There were no comments given and/or 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. 8A. Board and Commission Update - Council Housing Advisory Commission – Councilor Graham reported that they recently reviewed applications for home repairs and they also approved an emergency home repair grant. He spoke of how touching it is to hear some of the stories. Potomac Rappahannock Transportation Commission – Councilor Kelly had nothing to report other than they are looking at bonding and they have set up a Bond Policy. 21292 Regular Session 02/22/22 Rappahannock Juvenile Detention – Mr. Whitley reported that they were maintaining a lower level of detainees. The City’s use has declined which was great news. They are looking at the budget in order to advance salaries. He said the net to the city was still a decline and the roof project came in under budget. Rappahannock Regional Solid Waste Board (R-Board) – Councilor Gerlach said they would be adding a third entrance at the Eskimo Hill site. They will be giving virtual tours on the website soon. The R-Board will be partnering with the Fredericksburg Parks and Recreation on Earth Day event April 23. A Solid Waste Committee forum will be scheduled and the Director of Public Works will have a seat at the table. There will be a waste audit scheduled in March and the single stream plastic water bottles are recyclable. Rappahannock River Basin – No update. Recreation Commission – Councilor Duffy said they continue to be updated on events and programs in the City. The final details of the Masterplan would be available in March or April and will come before Council. The Fred Nats Stadium continues to be an important facility for Parks and Recreation. The Fine Art/Kids Art show was coming up. He said Motts Run will open on April 1 and the kids fishing derby would be coming up in March. Rappahannock Group Home Commission - Councilor Duffy said they were still in a transitional phase with the new director. They were working on new branding. He said the Group Home was looking at policy changes and safety issues. Dr. Duffy said they also have new members on the Commission from other jurisdiction. 21293 Regular Session 02/22/22 Town and Gown – Dr. Duffy said there was nothing to report. Virginia Railway Express (VRE) – Councilor Kelly said they will be starting on the rehabilitation of the train station. They will be extending the platform to the go behind the GWRC parking lot. This would be a $3-million-dollar project. The communications system was up and running. They will add additional signage and cosmetic work on the bridges. He said they were talking about reverse commutes which may happen sooner than expected and they will possibly expand to include weekend service. School Working Group/Leadership Group – Mayor Greenlaw said the group meets regularly to discuss the Interim Agreement. Fredericksburg Arts Commission – Councilor Devine reported that they helped to sponsor the Love FXBG Art sale online in February. First Friday will pick up and the trolley which is sponsored by FAC will be out picking up people. They also worked with Main Street on the Sip and Stroll. Adoption of Minutes. Councilor Graham moved approval of the March 31, 2021, August 24, 2021, September 14, 2021 and September 28, 2021 Work Session minutes and the February 8, 2022 Public Hearing and Regular Session minutes; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Fredericksburg Arts Commission Appointments (D22-58). After the recorded vote was taken, Joy Thomas, Steven Hu and Pete Morelewicz was appointed to serve on the Fredericksburg Arts Commission with a vote resulting between applicants Joy Thomas, Julie Ellis, Steven Hu, Jamie Roberson, John McGuire, III and Pete 21294 Regular Session 02/22/22 Morelewicz. Thomas (6). Greenlaw, Devine, Duffy, Gerlach, Graham, Kelly; Ellis (0); Hu (6). Greenlaw, Devine, Duffy, Gerlach, Graham, Kelly; Roberson (0). McGuire (0). Morelewicz (6) Greenlaw, Devine, Duffy, Gerlach, Graham, Kelly. Fredericksburg Clean and Green Commission Appointments (D22- 59). After the recorded vote was taken, George Solley, Christie Carver, Damien Cobey and Kimberly Rudisill was appointed to serve on the Fredericksburg Clean and Green Commission with a vote resulting between applicants George Solley, Christie Carver, Damien Cobey, Bruce Saller and Kimberly Rudisill. Solley (6). Greenlaw, Devine, Duffy, Gerlach, Graham, Kelly; Carver (6). Greenlaw, Devine, Duffy, Gerlach, Graham, Kelly; Saller (3). Greenlaw, Duffy, Gerlach; Rudisill (3). Devine, Graham, Kelly. A second vote was taken to break the tie between Bruce Saller and Kimberly Rudisill. Saller (1). Gerlach; Rudisill (5). Greenlaw, Devine, Duffy, Graham, Kelly. Memorials Advisory Commission Appointments – Nancy Moore, Michael Spencer, Preston Thayer and Alan Parkes (D22-60). Councilor Kelly moved to suspend the rules to allow Nancy Moore and Michael Spencer to serve a third term to finish the work they have been working on; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Gerlach, Graham, and Kelly. Nays (0). Councilor Kelly moved to approve to appoint Nancy Moore, Michael Spencer, Preston Thayer and Alan Parkes to the Memorials Advisory Commission; motion was 21295 Regular Session 02/22/22 seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Gerlach, Graham, and Kelly. Nays (0). Ordinance 22-02, Second Read Approved, Revising Taxicab Regulations Relating to Certificate of Public Convenience and Necessity, Motor Vehicle Safety, Driver Safety, and Fares and Charges, and Dissolving the Taxicab Board (D22-61). Police Chief Layton gave a brief overview and Councilor Duffy moved to approve Ordinance 22-02, on second read, revising Taxicab Regulations relating to certificate of public convenience and necessity, motor vehicle safety, driver safety, and fares and charges, and dissolving the Taxicab Board; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-10, Approved, Amending the Fiscal Year 2022 Budget to Appropriate Funds in the City Grants Fund for Fire Department Lifepak 15 v4 Defibrillator (D22-62). After a brief summary, Councilor Graham moved to approve Resolution 22-10, amending the Fiscal Year 2022 budget to appropriate funds in the City Grants Fund for Fire Department Lifepak 15 v4 defibrillator; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-11, Amending the Fiscal Year 2022 Budget to Appropriate Funds in the City Grants Fund for Sheriff Department Special 21296 Regular Session 02/22/22 Response Team Tactical Gear and Mobile Data Terminal Devices (D22-63). After a brief summary, Councilor Graham moved to approve Resolution 22-11, amending the Fiscal Year 2022 budget to appropriate funds in the City Grants Fund for Sheriff Department special response team tactical gear and mobile data terminal devices; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). City Manager’s Report and Council Calendar (D22-64 thru D22-65). City Manager Baroody directed the Council’s attention to the Manager’s Update: Ceremony Held for Unveiling Historical Panel Recognizing the 1950 Walker-Grant High School Graduates, Region’s First Team Trained to Respond to Mental Health Calls, COVID-19 Vaccines Site and Mobile Testing Clinics, 71st Annual Fredericksburg Fine Arts Show & Sale, Traffic Safety Initiative, Board and Commission Openings, Winter Programs, Parks, Recreation and Events Newest Activity Catalog and Fred Focus. Councilor Duffy recognized Walker Grant Middle School’s safe teen driving organization called Youth of Virginia Speak Out (YOVASO) about Traffic Safety. He said they have been a very successful group and he was in hopes of this creating safe drivers in the City. Closed Meeting Approved. Upon a motion Councilor Graham, moved approval to convene in closed session under Va. Code 2.2-3711(A)(3) A for the discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, specifically Mary Washington Lodge and 21297 Regular Session 02/22/22 Monument, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (6) Councilors Greenlaw, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Devine; seconded by Councilor Graham and passed by the following recorded votes, Council approved a return to an open meeting. Ayes (6) Councilors Greenlaw, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-12, Approved, Certifying Closed Meeting (D22-66). Upon the motion Councilor Devine, approved Resolution 22-12 certifying the closed meeting; seconded by Councilor Graham and passed by the following recorded votes. Ayes (6) Councilors Greenlaw, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:50 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 21298