City Council

Public Hearing 10/25/22 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 October 25, 2022 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, October 25, 2022, beginning at 7:54 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 (left early - 9:19). Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager David Brown, City Attorney Kathleen Dooley, Director of Planning and Building Services Charles Johnston, Senior Planner Michael Craig, Development Administrator Marne Sherman, Building Official John Schaffer, Assistant Finance Director Richard Lawrence, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D22-379 thru D22-385). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 22-23, First Read Approved, Providing for Issuance and Sale of General Obligation Bonds of the City of Fredericksburg, Virginia, in an Amount not to Exceed $80,000,000, and the Form, Details and 21529 Public Hearing 10/25/22 Payment Thereof (D22-379 thru D22-381). No speakers. Assistant City Manager Whitley explained that the general obligation bonds were for several purposes such as the new middle school, stormwater projects and several utility projects. The bonds are not to exceed $80 million, the projects total $78,275,000. Two of the projects that are being brought forth are the new middle school and the renovation of the wastewater treatment plant. This bond addresses the new middle school which is currently under design to be constructed at the intersection of Idlewild and Gateway Boulevards. Also included in this issuance are public safety software for police and fire, various stormwater projects including Pond “D”, design for the new fire station and development costs, replacement of the City’s water meter system and sanitary sewer conveyance work including the replacement of a receptor and the renovation of a pump station off Route 2 and 17. Mr. Whitley reported that they will not know the final cost of the bond issuance until bids are received from the competitive bond sale. He noted that they visited with the bond rating agencies and each have given a rating on the City’s finances and the general economy of the City and they are hoping for good stability in the City’s rating (AA rating) those ratings will be received within a couple of weeks. The City’s financial advisors at PFM have forecasted a true cost of 4.294 percent and they have given the City a breakdown. Mr. Whitley said based on what they know they are forecasting a need of and additional $.04 to $.06 on the real estate tax rate. Councilor Kelly stated there were challenges that require programming and resources. He said the square footage was not part of the equation. He said this was a 21530 Public Hearing 10/25/22 huge commitment to the smaller piece of the problem and it was hitting the tax base. He was concerned that there was not a large enough tax base. He said the City was a victim of its own size. Councilor Kelly did not think they were getting into the issues that they really needed to talk about such as, additional staffing needs and salaries. He was concerned that this investment would not make a real difference. Disclosures. Councilor Duffy disclosed that he was employed by the city of Fredericksburg Schools but he could participate fairly, objectively and in the public interest on the Bond Issuance, Comprehensive Agreement and the School Fund items. Vice-Mayor Frye disclosed that his spouse was employed by the city of Fredericksburg Schools but he could participate fairly, objectively and in the public interest on the Bond Issuance, Comprehensive Agreement and the School Fund items. Councilor Duffy was encouraged by the efforts to build a new middle school and the renovation of the old middle school for a third elementary school. He was in support of moving forward. Councilor Graham agreed that he was also encouraged by the efforts made and he explained that it was less expensive to build the new middle school, than to build a new elementary school because they would soon have to build a new middle school in the near future. He was excited for the direction they were going. Councilor Devine said this was a long but necessary process and they all realize this is just a building and there is so much more to education. She asked for the support of the community. 21531 Public Hearing 10/25/22 Vice-Mayor Frye said he was not happy with raising taxes but there was a need and this was the best result for the students. He saluted the teachers for what they do he noted there are many challenges in a title one school. He said his number one concern was learning more about project labor agreements. Mayor Greenlaw explained that the Council has been discussing this for over two years and this was the most practical solution. The City was being faced with two needs the wastewater treatment plant and schools. She stated that with this debt the City was well within its own self-imposed debt limit and this would accomplish two schools. She expressed appreciation for the work with the School Board. Councilor Devine made a motion to approve Ordinance 22-23, on first read, providing for issuance and sale of general obligation bonds of the City of Fredericksburg, Virginia, in an amount not to exceed $80,000,000, and the form, details and payment thereof; motion was seconded by Councilor Duffy. Councilor Gerlach stated he would support the motion and he explained that because of the population growth this would not be the last school the City would need to build in the next 18-20 years. He said although this was the worst time to build a school causing it to be the costliest capital project in the history of the City, he reluctantly supported it. The motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (1). Councilor Kelly. Approving the Comprehensive Agreement Between the School Board and First Choice Public-Private Partners: Fredericksburg II, LLC for 21532 Public Hearing 10/25/22 the Design and Construction of New Middle School (D22-382). No speakers. Mr. Whitley explained that this was a Comprehensive Agreement between the School Board and First Choice and the City is asked to approve through the Public-Private Educational Facilities and Infrastructures Act (PPEA) process as the appropriating body. He explained that the agreement was between the schools and First Choice but as the appropriating body the City must approve the agreement. Mr. Whitley explained that there were a couple of items in the Comprehensive agreement that were not finalized such as: the design phase which the guaranteed maximum price (GMP) will be established, contract revision for material price fluctuations, form and methodology for the potential Schools’ purchase of materials and definition of Force Majeure and Site Conditions. Mr. Whitley suggested Council hear public comment and close the public hearing and take action at the November 8 meeting. Councilor Gerlach said this was a good solution because he was not comfortable approving an agreement that was not completely negotiated especially with the provisions that are still outstanding. Vice-Mayor Frye asked if there was any feedback on the project labor agreement conversations from the schools. Mr. Whitley said he knew there was a presentation to the School Board but he had not received any feedback on putting that in the contract agreement. City Attorney Dooley noted that the draft comprehensive agreement does not provide for project labor agreements. She said it was not part of the Request for 21533 Public Hearing 10/25/22 Proposals (RFP) that was issued and it has not been brought up by any of the design builders and it was not a part of the contract. Vice-Mayor Frye said project labor agreement addresses some of the things Mr. Whitley brought up about material and price fluctuation. He said there are ways to address those issues in project labor agreements. He was hopeful that there will be some research and dialog on project labor agreements. Resolution 22-72, First Read Approved, Amending the Fiscal Year 2023 Budget to Carry Forward Various School Grants (D22-383). Resolution 22-73, First Read Approved, Amending the Fiscal Year 2023 Budget to Appropriate Funds in the Schools Operating and Capital Funds for Electric School Buses (D22-384). No speakers. The two topics were related so the public hearings were held at the same time. After staff presentation Councilor Graham move to approve Resolution 22-72, on first read, amending the fiscal year 2023 budget to carry forward various school grants; 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). Councilor Gerlach move to approve Resolution 22-73, on first read, amending the fiscal year 2023 budget to appropriate funds in the schools operating and capital funds for electric school buses; motion was seconded by Vice-Mayor Frye and passed by 21534 Public Hearing 10/25/22 the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Consideration of Proposals for an Interim Agreement/ Comprehensive Agreement for the WWTP (D22-385). 2 speakers. City Attorney Dooley explained that the City was using the Public-Private Educational Facilities and Infrastructures Act (PPEA) for the procurement, design and construction upgrades and expansion to the Wastewater Treatment Plant (WWTP). The PPEA is a state Authority adopted by the General Assembly in 2002 and it was first used by the City in 2004 for the construction of James Monroe High School and Upper Lafayette Elementary School. The City also used it for various other projects such as the Spohia Street Parking Garage, upgrades to the WWTP, the new Courthouse, Police Headquarters, the upgrades to utility facilities and the renovation of the Walker-Grant Center and the Schools are using the PPEA today for the design and construction of the new school. The benefits of a PPEA is so that you build a design build team architect, engineer and the construction company and they bid on the project together. This makes for greater coordination and cost savings in the design-build paradigm. The PPEA project delivery system establishes a single point for responsibility for design and construction and eliminating many risk to the owner of contractor claims. Ms. Dooley said there was no action for the Council to take except to hold the public hearing. 21535 Public Hearing 10/25/22 Assistant City Manager Brown gave a brief summary of the project stating that the project involves upgrades to the WWTP which was built in 1955. It has gone through a number of different improvements. As with most facilities the WWTP is reaching the end of its service life and needs to be expanded because of the growth in the City. Currently, the facility is able to treat 4.5 million gallons per day and they propose to increase that to 6 million gallons per day. One of the other requirements is that regulation have continued to evolve and change and part of the upgrades will meet those needs as required by the Department of Environmental Quality. Assistant City Manager Whitley gave a brief update on the finances of this project. He said they were in active negotiations with two firms Kokosing Industrial, Inc./Arcadis and Ulliman Schutte Construction/Black & Veatch. He explained that the original project estimates were in the $100-105 million range. The sources of fund were coming from the Commonwealth through the Water Quality Improvement Fund (WQIF) grant in the amount of $35 million, a direct appropriation of American Rescue Plan Act (ARPA) funds and of the $27 million $15 million was dedicated to this project and the other was to improve on the conveyance system. He said they decided to use the City’s own direct ARPA allocation which is one third of the ten million. He said they were anticipating that Spotsylvania County was part of the projects influent intake pump station and would owe a small piece for that work. He said they would be borrowing funds through the State’s subsidies clean water revolving loan fund that is administered by DEQ and Virginia Resources Authority and it would be a subsidies interest rate and using revenue bonds instead of general obligation bonds. 21536 Public Hearing 10/25/22 Allen McCullah, with Ulliman Schutte Construction, he said his firm has been building infrastructure throughout Virginia for almost 20 years. He said the City was dealing with many of the same problems others are dealing with. The greatest issue is the supply chains but he was able to deliver the project for the City. Ryan Nelson, with Kokosing, thanked the City for the opportunity and he was in agreement with Mr. McCullah about the environment of the supplies but they look forward to delivering a key infrastructure for the City. Adjourned. There being no more speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 9:14 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 21537 Public Hearing 10/25/22 [This page intentionally left blank] 21538 Regular Session 10/25/22 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 October 25, 2022 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, October 25, 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 (left early - 9:19). Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager David Brown, City Attorney Kathleen Dooley, Director of Planning and Building Services Charles Johnston, Senior Planner Michael Craig, Development Administrator Marne Sherman, Building Official John Schaffer, Assistant Finance Director Richard Lawrence, 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. Mayor Greenlaw recognized the presence of Detective Gloria Mejia, at this evening’s meeting. 21539 Regular Session 10/25/22 Domestic Violence Awareness Month Proclamation (D22-371). Mayor Greenlaw presented Kathy Anderson, Empowerhouse’s Executive Director a proclamation proclaiming October as Domestic Violence Awareness Month. Ms. Anderson thanked the City Council and the employees of the City for attending its candlelight vigil. The support was appreciated. Dr. Gaila Sims – Fredericksburg Area Museum (FAM), Curator of African American History and Special Projects. Dr. Sims stated that she became full-time with FAM in August and the first project she put together was the African American History Advisory Committee. This Committee will oversee all projects of African American History. There were several work groups created out of the Committee and they were as follows: Auction Block, Collection of Exhibits, Youth Outreach, Wayside Panels and helping City representatives with tours and brochures at the Visitor Center. They are also working on expanding their African American digital interpretations. Dr. Sims will also be giving two lectures at FAM on November 3 and 10. Wall of Honor Ceremony – Nancy Moore, Chair of Memorials Advisory Commission. The Chair of the Memorials Advisory Commission Nancy Moore gave a brief overview of the wall of honor process and had the nominators give a brief summary of their nominees. Ms. Jeannette Cadwallender presented Mr. Roger Clarke, Ms. Sue Henderson presented Mr. Robert Grogan, Ms. Nancy Moore presented Charles Dyson because the nominator could not attend as well as Barbara Willis. They 21540 Regular Session 10/25/22 each gave a brief summary of their nominee’s contributions to the City. The 2022 Wall of Honor honorees were Roger Clarke, Robert Grogan, Charles Dyson and Barbara Willis. Consent Agenda Accepted for Transmittal as Recommended (D22- 372 thru D22-378). 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 (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). • Resolution 22-70, Adopting an Amendment to the 2015 Comprehensive Plan to Modify the Transect Designation on GPIN 7860-61-7176 and a Portion of GPIN 7860-60-7626 to the Special District – Special Tourism and Events District (D22-372). • Ordinance 22-19, Second Read, Amending the Unified Development Ordinance to Add a New “Special Tourism and Events Overlay District” and to Regulate Off-Street Parking in the New Overlay District (D22-372). • Ordinance 22-20, Second Read, Rezoning Approximately +/- 56 Acres of Land Located in Planning Area 1, Designated as Transect T-SD – Special Tourism and Events District, to the Special Tourism and Events Overlay (STEO) (D22- 372). • Ordinance 22-21, Second Read, Amending the Off-Street Parking Regulations of the Unified Development Ordinance to Add Parking Standards for Uses Not Listed, to Modify the Parking Requirement for “Towing and 21541 Regular Session 10/25/22 Impoundment,” and to provide Interpretive Clarity for Certain Commercial Uses (D22-373). • Ordinance 22-22, Second Read, Amending the Unified Development Ordinance to Exempt Certain Boundary Line Adjustments from the Subdivision Regulations (D22-374). • Resolution 22-71, Amending the FY 2023 Budget to Appropriate Funds for the Rappahannock Regional Criminal Justice Academy (Fund 0736) (D22- 375). • Transmittal of Boards & Commission Minutes o Architectural Review Board Minutes – August 8, 2022 (D22-376). o Economic Development Authority – September 12, 2022 (D22-377). o Economic Development Authority – October 3, 2022 (D22-378). Public Hearing (D22-379 thru D22-385). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. 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, Recreation Commission, Rappahannock Group Home Commission, Town & Gown, Virginia Railway Express, Fredericksburg Arts Commission 21542 Regular Session 10/25/22 Potomac & Rappahannock Transportation Commission – Councilor Kelly reported that they were looking at electric buses and they were currently doing a study on what is required for non-gas vehicles. He said he would make sure everyone has a copy of the study when it’s completed. Councilor Kelly said the 95 corridor funds were back and this was another source of funds for the City. He also reported that the Virginia Railway Express did not have a rate increase for jurisdictions because they were still using pandemic funding but he said there would be an increase next year. There is a new train slot coming up next year and they are also talking about reverse commutes and weekend service. Councilor Kelly also stated there would be a meeting held in Fredericksburg as they embark on station improvements. Housing Advisory Committee – Vice-Mayor Frye said they were currently accepting applications. The Committee met two weeks ago to approve work for families. He encouraged anyone who needs home improvements to apply and see if they qualify for assistance. Rappahannock Juvenile Detention – Mr. Whitley Reported that the Commission voted to extend an escrow contract and they are looking forward to having the facility improved. He also said the City has had a positive true-up for the past couple years. Recreation Commission – Councilor Duffy reported that the Commission was involved in the endorsement and the development of the Master Plan which shapes the work of the Commission, Department and Parks, Recreation & Events for years to come. 21543 Regular Session 10/25/22 They continue to work on standard procedures on handling memorial requests such as memorial benches, tables and trees. There should be a final draft in early 2023. He said they were also supportive of the entrance fee pilot program for Old Mill Park. Rappahannock Group Home Commission – Councilor Duffy reported that this was a regional commission and recently the discussions have been on the needs of the Chaplin Youth Center both capital and personnel. Recently they have been discussing the development of long term plans for facilities. He said lot has changed and the program must be updated. Mr. Whitley stated that the Council would see a request for a generator for the facility and it would be a rather large request although it would be split several ways. He said during last year’s ice storm they lost power, they worked through it but they need some work on the facility. Fredericksburg Arts Commission – Councilor Graham said they recently discussed arts applications for the next quarter and they noticed that they could use some fresh ideas from new artist and they encouraged people to visit their website to apply. Councilor Devine noted there were three new art sculptures around the City and she said there were sponsorships available for the program. She thanked those who expressed concern about the missing otter. Adoption of Minutes. Councilor Devine moved approval of the October 11, 2022 Public hearing and Regular Session minutes; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (0). 21544 Regular Session 10/25/22 Planning Commission Appointment – David Durham (D22-386). Councilor Devine moved to approve the reappointment of David Durham to the Planning Commission; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (0). Resolution 22-67, Second Read Approved, Amending the Fiscal Year 2023 Budget to Appropriate Funds in the Schools Capital Fund for a New Middle School (D22-387 thru D22-389). After a brief staff presentation Councilor Duffy disclosed that he was employed by the city of Fredericksburg Schools and he could participate fairly, objectively and in the public interest. Vice-Mayor Frye disclosed that his spouse was employed by the city of Fredericksburg Schools and he could participate fairly, objectively and in the public interest. Councilor Graham made a motion to approve Resolution 22-67, on second read, amending the fiscal year 2023 budget to appropriate funds in the Schools Capital Fund for a new middle school; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (0). Ordinance 22-24, First Read Approved, Declaring 1100 Caroline Street Blighted, and Approving a Spot Blight Abatement Plan (D22-390 thru D22-392). Building Official Schaffer presented a PowerPoint on 1100 and 1101 21545 Regular Session 10/25/22 Caroline Street. He explained the Virginia Maintenance Code which gives the authority to enforce corrective orders and issue notice of violations. He showed photos of the properties and described the repairs needed on each of the properties. Staff recommended the Council adopt the ordinance declaring the building at 1100 and 1101 Caroline street as spot blight. He said the City has had a long history of working with the owner to make the repairs and to compel the owner through court proceedings to no avail. The adoption of the ordinance including the spot blight abatement plan will authorize the city or its contractors to go on the property to make repairs necessary for the preservation of the structures. The cost of the work will be billed to the owner. The spot blight abatement plan is a stopgap measure to keep further deterioration from occurring to the structures. A component of the spot blight abatement plan includes: applying a protective covering, a protective treatment to the exterior surface of the wooden structures, replace rotten damaged siding or damaged boards along the porches, to include the overhangs windows trim around the windows and the front and rear porches. The Historic Resources Planner advised that the proposed work will not require an Architectural Review Board review as long as replacement is in kind. The proposed work at 1100 Caroline Street is estimated to cost between $25,000 - $32,000 and the work at 1101 Caroline Street is estimated at $60,000 - $72,000. The cost will be billed to the owner and will become a lien against the property until paid. Councilor Duffy asked Mr. Schaffer to give a timeline on how long he has been working with the homeowner. Mr. Schaffer explained that staff had been working with 21546 Regular Session 10/25/22 the homeowner since 2016 at which time a notice of correction was made. He said they met with the owner twice to explain what needed to be done. Staff also got painters to help her and that did not work out. In 2019, staff issued a notice of violation and put her on a timeline for when the work had to be done and in March of 2019 they summons the court. She was found guilty and the Judge ordered her to correct the violations and he asked staff to come back six months to give an update on the progress and the owner did not show up. In November 2020, the district Judge found the owner guilty of all charges and ordered her to paint the property, repair maintenance violation and pay fines up to $2,500. As of today there has not been any other work. Councilor Duffy explained that this was a difficult situation for everyone especially the owner and he wanted to emphasize this is not something rash that the City moved into but rather a last resort. Mayor Greenlaw said this was necessary to save two valuable properties because the City does not want them to deteriorate to the point of no repair. Councilor Gerlach explained that the spot blight policy was an extraordinary measure that the City rarely takes. He asked when the last time the City had a spot blight designation. Mr. Schaffer said he was not with the City, but he believes it was in 2012, the owner received several notices but never responded and it was determined spot blight. Ms. Dooley said the authority had only been used once before for a dilapidated structure on Winchester Street, where numerous attempts to find the owner failed. She said it was used as a last resort. 21547 Regular Session 10/25/22 Mayor Greenlaw stated that it was important to realize that the City was using the authority to make the repairs in order to preserve the property. Councilor Devine thanked the staff for the process and for the care shown to the owner and the property. She said this was a safety issue and it goes beyond the owner because it affects the neighbors. She said they do not wish to cause a hardship and she spoke of how important it is to get this taken care of for the owner, neighbors, neighborhood and the historic district. Vice-Mayor Frye explained that this was a tough decision for him although he understands the long history. He talked about the possibility of the person losing ownership of the home if they could not pay for the repairs. He said he could not support this action although he understood what needed to be done. Councilor Graham agreed it was difficult but the Council must look at the impact to the community at large. It has a significant impact on the resident and their family but if there was a fire the home would go pretty quickly and could possibly spread to the neighboring properties. He said that must be taken into account with a decision like this. Councilor Duffy noted that these are two prominent properties in the City. He said there was a difference in having the wherewithal to make improvements versus the means to make the improvements. He said all property owners are obligated and it has not been done despite repeated efforts to make it happen. He was in support of spot blight. 21548 Regular Session 10/25/22 Vice-Mayor Frye explained why he could not support he stated how his parents had lost a home to a millionaire who wanted to build a property and they put the pressure on causing the house to be demolished and he said the City was involved and because of that he could not support. Mayor Greenlaw noted this was protecting the property from being lost. Councilor Gerlach made a motion to approve Ordinance 22-24, on first read, declaring 1100 Caroline Street blighted, and approving a Spot Blight Abatement Plan; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Devine, Duffy, Gerlach and Graham. Nays (1). Councilor Frye. Ordinance 22-25, First Read Approved, Declaring 1101 Caroline Street Blighted, and Approving a Spot Blight Abatement Plan (D22-390 thru D22-392). Councilor Gerlach made a motion to approve Ordinance 22-25, on first read, declaring 1101 Caroline Street blighted, and approving a Spot Blight Abatement Plan; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (5). Councilors Greenlaw, Devine, Duffy, Gerlach and Graham. Nays (1). Councilor Frye. Resolution 22-74, First Read Approved, Amending the Fiscal Year 2023 Budget to Appropriate Funds in the Fredericksburg Opportunity Fund for a Performance Agreement with SAJ Entertainment, LLC and the Economic Development Authority (D22-393). After staff presentation Councilor 21549 Regular Session 10/25/22 Gerlach moved to approve Resolution 22-74, on first read, amending the fiscal year 2023 budget to appropriate funds in the Fredericksburg Opportunity Fund for a Performance Agreement with SAJ Entertainment, LLC and the Economic Development Authority; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (0). Motion to Suspend. In order to place Resolution 22-74 on for second read Councilor Gerlach moved to suspend the rule; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (0). Resolution 22-74, Second Read Approved, Amending the Fiscal Year 2023 Budget to Appropriate Funds in the Fredericksburg Opportunity Fund for a Performance Agreement with SAJ Entertainment, LLC and the Economic Development Authority (D22-393). After staff presentation Councilor Gerlach moved to approve Resolution 22-74, on second read, amending the fiscal year 2023 budget to appropriate funds in the Fredericksburg Opportunity Fund for a Performance Agreement with SAJ Entertainment, LLC and the Economic Development Authority; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (0). 21550 Regular Session 10/25/22 Resolution 22-75, Approved, A Petition to the Circuit Court to Order a Special Election to Fill the Vacancy in the Office of Sheriff Created by the Retirement of Paul Higgs (D22-394). After staff presentation Councilor Graham moved approval of Resolution 22-75, approving a petition to the Circuit Court to order a special election to fill the vacancy in the office of Sheriff created by the retirement of Paul Higgs; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (0). Ordinance 22-26, First Read Approved, Amending City Code §2-192 to Allow the Treasurer to Advertise Due Dates of Local Taxes in the Newspaper Once Per Billing Cycle, Pursuant to the Code of Virginia (D22- 395). After staff review Councilor Devine moved approval of Ordinance 22-26, on first read, amending City Code §2-192 to allow the Treasurer to advertise due dates of local taxes in the newspaper once per billing cycle, pursuant to the Code of Virginia; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (0). Motion to Suspend. In order to place Ordinance 22-26 on for second read Councilor Devine moved to suspend the rule; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (0). 21551 Regular Session 10/25/22 Ordinance 22-26, Second Read Approved, Amending City Code §2- 192 to Allow the Treasurer to Advertise Due Dates of Local Taxes in the Newspaper Once Per Billing Cycle, Pursuant to the Code of Virginia (D22- 395). After staff review Councilor Devine moved approval of Ordinance 22-26, on second read, amending City Code §2-192 to allow the Treasurer to advertise due dates of local taxes in the newspaper once per billing cycle, pursuant to the Code of Virginia; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (0). City Manager’s Report and Council Calendar (D22-396 thru D22- 397). City Manager Baroody directed the Council’s attention to the Manager’s Update: Transit Strategic Plan, Early Voting, Scarecrow Fest, Veterans Day Procession, Parking Garage Fee Increases Begin November 1, Fall Flu Shots, Two-Way Traffic is Coming to Fall Hill Avenue, Washington Avenue and Maury Street, Traffic Safety Initiative, 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 10:04 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 21552