City Council

Regular Session 04/26/22 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 April 26, 2022 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, April 26, 2022, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Vice-Mayor Charlie L. Frye, Jr. Council members Kerry P. Devine, Dr. Timothy P. Duffy, Jonathan A. Gerlach, Jason N. Graham and Matthew J. Kelly. City Council Absent. Mayor Mary Katherine Greenlaw (out of town). Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Senior Planner Michael Craig, Economic Development Director Bill Freehling, Assistant Finance Director Richard Lawrence, Budget Analyst Donna Leahy 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. Officer Recognized. Vice-Mayor Frye recognized the presence of Deputy Trevor Rogers, at this evening’s meeting. 21361 Regular Session 04/26/22 Proclamation for Arbor Day (D22-126). Vice-Mayor Frye read the proclamation that was publically presented on April 13, 2022 for Arbor Day. Mayor Greenlaw presented the proclamation at the Arbor Day Celebration and proclaimed April 13, 2022 as Arbor Day in the City and she urged all citizens to support efforts to care for the trees and woodlands, to support the City’s community forestry program and to plant trees and promote the well-being of present and future generations. Ms. Anne Little, Tree Fredericksburg President, thanked the Council for their support. She said there was a total of 48 tree stewards and they must each dedicate 48 hours to the city every year. The tree stewards gave away 2,700 trees over the weekend to residents in the area and she said they continue to support the City in any way they can. Consent Agenda Accepted for Transmittal as Recommended (D22- 127 thru D22-130). Councilor Gerlach removed Item 5C from the consent agenda for discussion. Councilor Gerlach stated that he received concerns from Ward 2 residents about traffic and pedestrian safety and he asked what other solutions could be taken other than lowering the speed limit to address safety. Mr. Baroody said he was interested in reducing speeding throughout the City to make it safer. He said he was in regular talks about safety and since October there had been over 1,000 speeding citations issued. They were also looking at one way to two way conversions to help slow traffic as well as bump outs and he said they would continue to talk about ways to slow traffic. 21362 Regular Session 04/26/22 Councilor Graham said he was in support of making downtown safe for all but the number of automobile accidents were increasing everywhere. He said he did not think citations were enough and it should be an intermediate step, he suggests designing the streets for the speed the City would like them to be, such as narrowing lane widths. Councilor Kelly said he agreed with what was said but he would like this to be looked at holistically because this was only a piece of a number of things to be done. Councilor Devine agreed with the combination of street design and enforcement but she was curious of the citations and the demographic breakdown of those issued. She said it may be helpful to talk to the Driver’s Education classes and give out information at hotels for visitors in order to educate them. Councilor Kelly moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (6). Councilors Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). • Transmittal of Board and Commission Minutes o Board of Social Services – February 3, 2022 (D22-127). o Public Transit Advisory Board – February 2, 2022 (D22-128). • Transmittal of Resolution Setting Rates of Compensation for Members of the Fredericksburg Planning Commission, Architectural Review Board, and Board of Zoning Appeals (D22-129). • Transmittal of Ordinance Reducing the Speed Limit from 25 miles per hour to 20 miles per hour in the Downtown Business District (D22-130). 21363 Regular Session 04/26/22 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 Updates – Housing Advisory Committee, PRTC, Rappahannock Juvenile Detention, R-Board, Rappahannock River Basin, Recreation Commission, Rappahannock Group Home Commission, Town & Gown, Virginia Railway Express, School Working Group, Fredericksburg Arts Commission. Housing Advisory Committee – Councilor Graham reported that they had approve 3 projects for some of the low income houses. The amount of some of the projects exceeded the annual income of some of the applicants. He said it was fulfilling to know that the City could do this great work. Potomac Rappahannock Transportation Commission – Councilor Kelly stated that the PRTC handles the gas tax money and operates the bus system. He said they were doing an extensive study on fossil free buses and the report would be released in June. Rappahannock Juvenile Detention – Assistant City Manager Whitley reported that those enrolled was at a lower formula. He said if they change the formula it may affect the City in 2024. R-Board – Councilor Kelly said there was a new director hired and he would be coming on board soon. On May 11 at noon at the Stafford Government Center they 21364 Regular Session 04/26/22 would be discussions on how to change the use of garbage. He said that was also some interest from the region. Rappahannock River Basin – Councilor Gerlach said they had a meeting on March 23 and they were given presentations by State Forrester, Assistant State Forrester, and Virginia Department of Environmental Management. He stated there was a program in Virginia to maintain tree canopy in Virginia, there was also a program to make the watershed healthy, it’s called the Healthy Watershed Forest Project and it involved the planting of 4,000 trees in February. This program was to get carbon offsets. Recreation Commission – Councilor Duffy noted that things were beginning to open back up. Motts Run Reservoir would be open from April to August. The spring catalog was available, there was a significant donation being presented to the Riverfront Park and the Recreation Commission would be receiving the Park and Recreation Master plan. Rappahannock Group Home Commission - Assistant City Manager Whitley said there were no updates other than they were revising some of the policies. Town & Gown – Councilor Duffy stated that things were returning back to normal at the university. The neighborhoods reported that things were quiet. The graduation would be on May 7. There were two leaders retiring from the university Cedrick Rucker and Anna Billingsley. Mr. Gerlach also added that the University Center would be renamed after Cedrick Rucker and more parking tickets were being issued as well as more noise 21365 Regular Session 04/26/22 complaints were being responded to but no summons had been issued. He noted that all of the college was currently in ward 2 and in order to have a separate polling place on campus they must have 400 registered voters (Councilor Gerlach noted at the 5-10-22 meeting that he should have said 500 registered voters) which they currently do not have. Councilor Gerlach said they also talked about traffic issues at Stafford and Hanover Streets, sightline issues. Alumni weekend was June 3-June 15. Virginia Railway Express – Councilor Kelly reported that ridership was continuing to rise. There were no fare increases and they realized that running a commuter service was not enough and they are looking to expand those services. They are looking at shifting things so that Stafford, Fredericksburg and Spotsylvania will have more of a say. Fredericksburg Arts Commission – Councilor Graham reported that they have welcomed a few new members to the board and he said it was great to see the new energy and voices. He said they will continue to work on public art and sculptures. Ordinance 21-28, Second Read Approved, Adopting an Ordinance Creating the Rappahannock Regional Industrial Facilities Authority (RIFA) (D22-131). After a brief staff presentation and discussion Councilor Gerlach made a motion to approve Ordinance 21-28, on second read, adopting an ordinance creating the Rappahannock Regional Industrial Facilities Authority (RIFA); motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). 21366 Regular Session 04/26/22 Disclosures (D22-132 thru D22-133). Councilor Duffy disclosed that he was an employee of the Fredericksburg Public School system and he was able to participate in the transaction fairly, objectively and in the public interest. Vice-Mayor Frye disclosed that his spouse was an employee of the Fredericksburg Public School system and he was able to participate in the transaction fairly, objectively and in the public interest. Ordinance 22-06, First Read Approved, Setting the Real Estate Tax Rate at $0.86 per Every $100 of Assessed Value of Real Estate for Fiscal Year 2023 (D22-134). After a brief staff presentation Councilor Kelly said he was in support of the tax rate but he said there was a number of Council who expressed concerns for going to four cents. He thanked City Manager Baroody for being honest about possible increase the next two to three years. Councilor Kelly said the real issue that he said was not totally covered in the budget was some of the operational costs. He said the city’s staff was one of the best staff’s around and they are asked to do more and more and often times the Council has to cut equipment from the budget that is need for the employees to do their jobs. He expressed concerns with the fossil free goal because many time things get pushed aside in order to fulfill goals. He said he would like to know what the costs are going to be in order to go fossil free. He mentioned there were capital project items that were not listed in this budget and he wanted to sit down with staff to discuss what can and cannot be done. 21367 Regular Session 04/26/22 Councilor Devine stated that the staff had done a great job of updating the Council and she felt as though they were well apprised with where the City is and where it stands. Councilor Duffy said he was aware of the challenges the departments face. He noted that the biggest issue the City faces was how to continue to compete with other jurisdictions to get first rate employees. He welcomed discussions as they relate to residents and how to meet their needs. Councilor Gerlach echoed Dr. Duffy and thanked Councilor Kelly. He said the fact that it was made public that taxes would be raised next year was transparent with the public. He said there were many who are concerned with increased taxes and he said the Council needed to look at ways to ease the burden for those who cannot afford the tax increases. He said he would like to maintain the diversity of people in the City. Councilor Kelly said there was a lot that the city’s goals and initiatives do not cover. He said there was still a need for additional funds to cover what needs to be done and he said discussions needed to occur on what can and cannot happen. He agreed that reducing the tax burden on those who cannot afford was a part of the component but it does not address the issues of salaries going up, increase in fire personnel, additional police officers etc. He said the city continues to grow but the personnel have not. He said there was a significant need for revenue and that calls for broader conversation. Councilor Gerlach thanked staff for all the work they have done to find ways to diversify the City’s revenue sources, an example was the Small Area Plans for Central 21368 Regular Session 04/26/22 Park and Celebrate Virginia South. He said this could bring in new development and business opportunities. He was aware that it would not bring in revenue overnight because it would be market driven. He also noted that the Visitor Center was also finding new ways to market the City and the region to bring in more tourism revenue. Councilor Graham said it was important to look at how the City brings revenue into the City. The current environment towards remote work and recognizing the commercial real estate has been a release valve on our residents. He believes the nature of the commercial real estate would be changing. He said post pandemic there would be more white collar workers working from home. He predicts that a percentage of certain types of offices will go away permanently. He warned of transitioning the City into an experienced based economy so that the City can continue to get some of the revenues it had been getting from office space in the past. He spoke of the importance of looking at those types of spaces when doing the Area Plans and the Comprehensive Plan. Councilor Graham said they must look at the new way Fredericksburg was going to develop. Vice-Mayor Frye thanked the staff for their work on the budget but was concerned with the tax increase. He was fearful of the unknown coming out of the pandemic. He said he could not vote for the tax increase based on the conversations he has been having with constituents. Many are concerned with being forced out the City because of the rising costs. He said his vote would be a statement for his constituents. Councilor Graham made a motion to approve Ordinance 22-06, on first read, setting the real estate tax rate at $0.86 per every $100 of assessed value of real estate 21369 Regular Session 04/26/22 for Fiscal Year 2023; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (5). Councilors Devine, Duffy, Gerlach, Graham and Kelly. Nays (1). Councilor Frye. Ordinance 22-07, First Read Approved, Amending Water and Sewer Fees Rates and Charges (D22-135). Councilor Graham made a motion to approve Ordinance 22-07, on first read, amending water and sewer fees rates and charges; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (6). Councilors Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Ordinance 22-08, First Read Approved, Amending the Fee Schedule for Planning and Zoning Applications (D22-136). Councilor Kelly made a motion to approve Ordinance 22-08, on first read, amending the fee schedule for planning and zoning applications; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-23, First Read Approved, Amending the Schedule of Fees for Building Services (D22-137). Councilor Kelly made a motion to approve Resolution 22-23, on first read, amending the schedule of fees for Building Services; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (6). Councilors Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Ordinance 22-09, First Read Approved, Amending City Code Section 10-333 to Enable City Council to Provide for Compensation to the 21370 Regular Session 04/26/22 Members of the Fredericksburg Planning Commission, in Accordance with Virginia Code § 15.2-2212 (D22-138 thru D22-140). Councilor Duffy made a motion to approve Ordinance 22-09, on first read, amending City Code Section 10-333 to enable City Council to provide for compensation to the members of the Fredericksburg Planning Commission, in accordance with Virginia Code § 15.2-2212; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (6). Councilors Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Disclosures. Councilor Duffy disclosed that he was an employee of the Fredericksburg Public School system and he was able to participate in the transaction fairly, objectively and in the public interest. Vice-Mayor Frye disclosed that his spouse was an employee of the Fredericksburg Public School system and he was able to participate in the transaction fairly, objectively and in the public interest. Resolution 22-24, First Read Approved, Budgeting and Appropriating Funds for Fiscal Year (FY) 2023 Beginning July 1, 2022 through June 30, 2023 (D22-141). Councilor Graham made a motion to approved Resolution 22-24, on first read, budgeting and appropriating funds for Fiscal Year (FY) 2023 beginning July 1, 2022 through June 30, 2023; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). 21371 Regular Session 04/26/22 City Manager’s Report and Council Calendar (D22-142 thru D22- 143). City Manager Baroody directed the Council’s attention to the Manager’s Update: Gun Give Back Event, April is Child Abuse Prevention Month, Marine Corps Historic Half, Semper 5ive Miler and Devil Dog Double Runs, Abundant Parking Downtown, Parks Master Plan, Wall of Honor, Fredericksburg Regional Transit (FRED), COVID-19 Vaccinations, Traffic Safety Initiative, Board and Commission Openings, Parks, Recreation and Events Summer Catalog, Real Estate and Personal Property Tax Bills Released, Spring Programs and Fred Focus. Adjournment. There being no further business to come before the Council at this time, Vice-Mayor Frye declared the meeting officially adjourned at 8:55 p.m. Charlie L. Frye, Jr_____ Charlie L. Frye, Jr., Vice-Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 21372