City Council

Regular Session 09/27/22 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 September 27, 2022 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, September 27, 2022, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw. 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. Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Director of Planning and Building Services Charles Johnston, Development Administrator Marne Sherman, Finance Director Robyn Shugart, Budget Analyst Donna Leahy and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Vice-Mayor Charlie L. Frye, Jr. followed by the Pledge of Allegiance led by Councilor Jason N. Graham. Officer Recognized. Mayor Greenlaw recognized the presence of Lieutenant Rashawn Cowles, at this evening’s meeting. 21499 Regular Session 09/27/22 Proclamation for Paralegals’ Week – October 2-8 (D22-336). Mayor Greenlaw presented a proclamation to Ms. Lynne Seay of the Commonwealth Attorney’s Office and she urged all citizens to recognize the contributions of legal support staff to our system of justice and to commend their efforts to develop their professional knowledge and capabilities. Certified Local Government Preservation Program (D22-337). Ms. Aubrey Von Lindern, the CLG Coordinator for the Virginia Department of Historic Resources, presented a PowerPoint. In the presentation she discussed: Preservation Partnerships: A Brief History; National Historic Preservation Act: The 1980 Amendments; CLG Requirements; Maintaining a System of Survey and Inventory of Historic Properties; Public Outreach, Engagement and Participation; Public Outreach, Education and Engagement: the Role of the Review Board; How Public Outreach Can Help You; Ways to Engage, Educate and Reach Out to the Public; The Design Review Process as a CLG; Fredericksburg Projects and Future Goals and CLG Benefits. See D22-337 for more information. 2023 General Assembly Legislative Agenda Discussion (D22-338). Mr. Eldon James and Laura Bateman from Eldon James and Associates noted that it was going to be a short session for the General Assembly. They suggested the Council adopt its legislative agenda in early October because each chamber has enacted bill limits for the upcoming General Assembly. Ms. Bateman reviewed the items that were currently listed on the agenda and the State Budget Requests for the City were the Fredericksburg Wastewater Treatment 21500 Regular Session 09/27/22 Plant, Public School Construction Funding and Criteria Virginia Board of Education Guidelines or State Budget Language Shall use the CLGs 5-year Historic Average Fiscal Stress Score. The City’s Policy Statements would Fund Aid to Localities with Police Departments (HB599) and Support for Local Police Compensation, Increased Funding and Policy for ECO/TDOs, State funding and Policy for Local and Regional Jails and Taxation. See D22-338 for more information. Consent Agenda Accepted for Transmittal as Recommended (D22- 339 thru D22-342). Councilor Graham 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, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). • Transmittal of the Fiscal Year 2022 Status of Land Use Annual Report (D22- 339). • Transmittal of the George Washington Regional Commission Regional Hazardous Mitigation Plan – Draft of the 2022 Update (D22-340). • Resolution 22-61, Approving the 2021-2022 Consolidation Annual Performance and Evaluation Report (D22-341). • Resolution 22-61, Updating the City Council’s Remote Participation Policy (D22-342). Citizen Comment. There were no comments given and/or submitted to be read during the citizen comment portion of this evening’s meeting. 21501 Regular Session 09/27/22 Council Agenda Presented. The following items were presented to Council for discussion. 8A. Board and Commissions Updates - Board of Social Services, Central Rappahannock Regional Library, Community Policy Management Team, Fredericksburg Area Museum, Fredericksburg Clean & Green Commission, Fredericksburg Regional Alliance, GWRC/FAMPO, Healthy Generations Area Agency on Aging, Main Street Board. 8B. UMW CORE – Vice-Mayor Frye. Board of Social Services – No update. Fredericksburg Clean and Green Commission – Councilor Duffy reported that the Commission was working with the Fred Nat Team owners to get LEED Certified, they have completed the solarized program, working with the Friends of the Rappahannock and the UMW students to continue work on the Urban Heat Mapping in Fredericksburg, they are working to schedule a fall date for a river cleanup, and they are working on promoting recycling and composting to improve the process. He said they are always encouraging the public to purchase reusable rather than single use products and to increase the number of businesses and residents participating in the recycling program. They are also working to educate the public about the benefits and techniques of composting as well as increasing the rate of composting in the City. Tree Fredericksburg is planning to plan over 530 trees this fall to replace storm damaged trees. Half of the trees will be planted on City streets and the other half will be planted at schools and parks. They obtained a $48,000 grant for the school trees and 21502 Regular Session 09/27/22 a $22,000 grant for street trees. They finished the assessment of the city tree lists and have submitted the revisions to the City. Central Rappahannock Regional Library – Councilor Devine reported that the Library Board recently met and had a lot of public input due to the response of current events. There were 33 speakers and 31 spoke in favor of the CRRL’s Mission. She said it was inspiring to see the support for the library. The mission is to inspire lifelong learning for everyone in the community. She noted that Fredericksburg fully supports the regionalism of the library and recognizes the importance and benefits to all of the citizens in the region. Community Policy Management Team – Mayor Greenlaw noted that this board manages fund for children with special needs and most of the work is confidential. It’s a multi-agency board that is housed in the Department of Social Services. Fredericksburg Area Museum – Councilor Gerlach reported that the Voices Strong Voices True – Untold Stories Program was being led by Dr. Gala Simms, the Auction Block Exhibit would be open November 5 on the first floor of the Museum. The FAM website has been update with the African American history, they were also working on wayside panels, brochures and walking tours as part of the commitment to historic preservation and there will also be a new African American history exhibit opening in 2025. FAM has partnered with the Friends of the Rappahannock and others under a three year grant to deliver programming to local schools. They will also display an African American art exhibit in the old Council Chambers of the FAM, they will have a 21503 Regular Session 09/27/22 dinosaur exhibit in the near future to display footprints found here in the City and finally Bomba was a success for Hispanic Heritage Month. Fredericksburg Regional Alliance – Mayor Greenlaw reported President Curry Roberts was awarded the highest award from the Virginia Economic Development Authority, the Cardinal Award. It is given for leadership in Economic Development, outstanding professional accomplishments and exceptional service to the EDA. George Washington Regional Commission/Fredericksburg Area Metropolitan Planning Organization – Councilor Graham reported that GWRC $2 million housing grant was approved and awarded to Caroline County. The FAMPO East-West Mobility Study phases one and two were recently completed and included a bus rapid transit proposal route through the City and the proposal stretches into Spotsylvania County along Route 3. It is open for public comment. Healthy Generations- Area Agency on Aging – Mayor Greenlaw noted that many services are offered to seniors such as advice on Medicare and Medicaid, transportation and assistance with caregiving. She invited everyone to visit their website. Main Street – Councilor Gerlach said that Brenden Kelly, the director was doing a wonderful job engaging the public and organizing events that make downtown a dynamic and fun destination. The following are upcoming events: Scarecrow Fest, First Friday/Sip and Stroll, Downtown Affair, they are co-sponsoring Halloween Movie night at Riverfront Park, and the Children’s Stroll and Treats in the Street. UMW COAR. Vice-Mayor Frye said COAR was Community Outreach and Resources and he wanted to recognize all the students who participated. They had an 21504 Regular Session 09/27/22 event called “Into the Streets” they worked with the following local organizations: St. Mary’s Garden, Lafayette Elementary School Garden, Habitat for Humanity Restore, Tree Fredericksburg, Fredericksburg Area Museum, Downtown Greens, UMW Sustainability, River Cleanup, Fredericksburg Food Coop, Ecology Club Community Garden, Bookmobile Fredericksburg and the Fredericksburg SPCA. Adoption of Minutes. Councilor Duffy moved approval of the September 13, 2022 Public Hearing and Regular Session minutes; motion was seconded by Vice-Mayor Frye and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-63, Approved, Granting an Extension of Time for the Vacation of the Alum Spring Road Right of Way (D22-343). After a brief staff presentation Councilor Duffy made a motion to approve Resolution 22-63, granting an extension of time for the vacation of the Alum Spring Road right of way; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Fiscal Year 2022 Preliminary Year-End Financial Report (D22-344). Finance Director Shugart reported that the majority of the City’s revenue sources met or exceeded the budget in part due to the lifting of pandemic related restrictions along with increases in revenues that were impacted by inflation. The largest General Fund revenues are: Real Estate Taxes, Personal Property Taxes, Meals Taxes, Sales Taxes, and Business License Taxes. The General Fund 21505 Regular Session 09/27/22 revenues through June 30, 2022 totaled $109,430,071. The total revised General Fund budget for FY 2022 is $108,305,846, this includes the budgeted use of fund balance for one time and capital needs. Consumption based revenues such as Meals, Sales, Business License, and Admissions Tax all have exceeded the budget for FY 2022. Lodging taxes have seen increases. This revenue source was budgeted at $1,200,000 and collections total $1,661,182 for the end of FY 2022. Admissions tax collections have also seen significant increases due to pandemic related restrictions being lifted. This revenue source was budgeted at $300,000 and collections total $459,244 for the end of FY 2022. There are some revenue sources that did not meet the expected budget. Tobacco tax collections was budgeted at $550,000 and collections total $532,959 for the end of FY 2022. Telecommunications Sales Tax has been declining. The budget was $1,400,000 and collections total $1,269,699 for the end of FY 2022. Meals Tax collections have shown significant growth as pandemic related restrictions have been lifted. The budget for FY 2022 is $11,000,000 and collections through June 30, 2022 are $13,849,223. Sales tax revenues has shown increases through June 30th. The budget forecast was increased for FY2022 to $14,150,000 and year to date collections through June 30, 2022 are $15,569,291. 21506 Regular Session 09/27/22 Resolution 22-64, Approved, Increasing the Fees for Parking in the Sophia Street Parking Garage (D22-345). After a brief staff presentation and discussion Councilor Duffy made a motion to approve Resolution 22-64, increasing the fees for parking in the Sophia Street parking garage; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-65, First Read Approved, Amending the Fiscal Year 2022 Budget for the Multi-Purpose Stadium Fund (D22-346). After a brief staff presentation and discussion Councilor Gerlach made a motion to approve Resolution 22-65, on first read, amending the fiscal year 2022 budget for the Multi- Purpose Stadium Fund; 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). Suspension of the Rules. In order to second read Resolution 22-65, Councilor Graham made a motion to suspend the rules; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-65, Second Read Approved, Amending the Fiscal Year 2022 Budget for the Multi-Purpose Stadium Fund (D22-346). Councilor Gerlach made a motion to approve Resolution 22-65, on second read, amending the fiscal year 2022 budget for the Multi-Purpose Stadium Fund; motion was seconded by 21507 Regular Session 09/27/22 Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-66, Approved, Assignment of Unassigned Fund Balances to Capital Projects (D22-347). After a brief staff presentation Councilor Graham made a motion to approve Resolution 22-66, assignment of unassigned fund balances to capital projects; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). City Manager’s Report and Council Calendar (D22-348 thru D22- 349). City Manager Baroody directed the Council’s attention to the Manager’s Update: Fredericksburg Sister Cities Fundraiser for Ukraine, Citizens Advisory Panel Openings, Early Voting Starts, Two-Way Traffic is Coming to Fall Hill Avenue, Washington Avenue and Maury Street, Street Rehabilitation Schedule, Fiscal Year 2022 Preliminary Year End Financial Update, Veterans Day Procession, Traffic Safety Initiative, New Speed Limit in Downtown Business District, Are You Subscribed to Fredericksburg Alerts, COVID-19 Vaccinations, Board and Commission Openings, The Parks, Recreation and Events Fall Catalog, Fall Programs and Fred Focus. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:52 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor 21508 Regular Session 09/27/22 Tonya B. Lacey Tonya B. Lacey, Clerk of Council 21509 Regular Session 09/27/22 [This page intentionally left blank] 21510