City Council

Regular Session 11/08/22 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 November 8, 2022 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, November 8, 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, Assistant City Manager David Brown, City Attorney Kathleen Dooley, Director of Planning and Building Services Charles Johnston, Building Official John Schaffer, Budget Analyst Donna Leahy, Police Captain Michael Presutto 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. Mayor Greenlaw stated the council was saddened to hear about the passing of Jonny P. Johnson an extraordinary artist, humanitarian, teacher, philanthropist and friend. She said he taught us how to love and respect each other and he made the 21553 Regular Session 11/08/22 community better by his presence. Mayor Greenlaw offered condolences to his family, friends and community. Officer Recognized. Mayor Greenlaw recognized the presence of Deputy Trevor Rogers, at this evening’s meeting. Update on Homelessness Memorandum of Understanding - Samantha Shoukas, GWRC Housing and Community Health Program Director (D22-398). Ms. Shoukas presented a Power Point presentation where she discussed the Local Trends in Population and Homelessness, Unsheltered vs. Chronic, The Solution, Investing in Housing, the Road So Far, Property Search and the Challenges. She also discussed Housing as a Social Determinant of Health on behalf of Mary Washington Healthcare. Ms. Meghan Cotter presented on the Jeremiah Community and what it will take to make it happen, she talked about who Jeremiah is, their vision, she showed what the community would look like, what other similar communities look like and where they are in the process. Ms. Julie Anderson with Virginia Supportive Housing discussed how to end homelessness for good and she showed several of the projects they had completed over the years. She talked about the Supportive Housing Model and the success factors for permanent supportive housing. Ms. Shoukas said there was traction for State, Federal and regional partnerships but they have to find the right place to make it happen. 21554 Regular Session 11/08/22 Vice- Mayor Frye asked if there was any room for homeownership with the units and Ms. Cotter explained that the target population was the chronic homeless. They generally struggle with some sort of disability and the goal of this project is to meet the immediate need by getting them off the street and creating a safe, stable and supportive community and teach them be good renters. She explained that if they can get them to be good renters, one day they may be able to purchase a home. Councilor Gerlach asked about the relationship with the neighborhoods and communities and how well does the developments fit into the neighborhoods. Ms. Shoukas stated that whenever you are dealing with the homelessness most people will say, not in my back yard. She said the Eden Village project development caused the tax assessments to go up because the neighborhood was safer. They used dilapidated mobile home parks and made them in to affordable housing for people who needed support. One of the Eden Villages made a neighborhood watch and they patrol the neighborhood and they are used as the lock down facility for the daycare next to them. Councilor Duffy asked how they City Council could help to support with the expansion of regional engagement. He said the City needed the regional partners to benefit. This is a moral obligation and he would be looking to Ms. Shoukas for help with that. Ms. Shoukas said the regional conversation was not like the conversation they had five years ago. She explained that the first three years the City was the only locality to put money in along with the hospital, but now there are four localities contributing funding. She said the numbers they presented were regional numbers and it calls for regional cooperation. 21555 Regular Session 11/08/22 Consent Agenda Accepted for Transmittal as Recommended (D22- 399. 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). • Ordinance 22-27, First Read, Amending Fredericksburg City Code Chapter 14, Article III, Dangerous and Vicious Dogs, to Reflect Recent Updates to the Code of Virginia (D22-399). Citizen Comment. The following comments were given and/or submitted to be read during the citizen comment portion of this evening’s meeting. Scott Olsen, 1310 Winchester Street, asked the Council if they had taken in to consideration the feasibility of green options for the new middle school: integrated automated system sensors, synthetic roof underlayment, green roofing, grid hybrid system, passive solar, green water plumbing systems, electro chromatic glass, solar thermal cladding and proactive maintenance. Richard Dynes, 818 Weedon Street, suggested the Council table the vote on the bond obligation because he said the City did not know where all the funds would be coming from. He warned that if the taxes are bumped every time there is a need for a school the City would become a high tax locality. Mr. Dynes said the schools were underperforming and their operating budget was unrealistic. Council Agenda Presented. The following items were presented to Council for discussion. 21556 Regular Session 11/08/22 8A. Fredericksburg Gun Giveback – Vice-Mayor Frye. Fredericksburg Gun Giveback – Vice-Mayor Frye reminded citizens that the City has a gun giveback once a year but they could turn in unwanted guns anytime voluntarily at the Fredericksburg Police Station, by calling him or the City Manager’s office. Adoption of Minutes. Councilor Graham moved approval of the October 25, 2022 Public hearing and Regular Session minutes; 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 22-76, Approved, Appointing Jarrett Bailey to the Celebrate Virginia South Community Development Authority, to Fill the Remaining Term of Retiring Member Marguerite Young (D22-400). Councilor Graham moved to approve Resolution 22-76, appointing Jarrett Bailey to the Celebrate Virginia South Community Development Authority, to fill the remaining term of retiring member Marguerite Young; 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). Memorials Advisory Commission Appointment – Pauline Felder (D22-401). Councilor Gerlach moved to approve the reappointment of Pauline Felder to the Memorials Advisory Commission; motion was seconded by Councilor Devine and 21557 Regular Session 11/08/22 passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Community Policy and Management Team (CPMT) Appointment – Elizabeth Giese (D22-402). Councilor Devine moved to approve the reappointment of Elizabeth Giese to the CPMT; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-77, Approved, Approving the Comprehensive Agreement Between the School Board and First Choice Public-Private Partners: Fredericksburg II, LLC for the Design and Construction of New Middle School (D22-403 thru D22-405). 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. Mr. Whitley gave a brief staff presentation explaining that the project was an 1100 student middle school, serving six through eighth grades, located on a portion of the 27-acre parcel owned by the City at the intersection of Gateway and Idlewild Boulevards. Site Development will begin April 2023, if approved, and the building will be ready for move in in August 2025. This school will serve as a replacement for the 21558 Regular Session 11/08/22 existing Walker-Grant Middle School that was built in 1988 and that school be will converted into a third elementary school. Mr. Whitley explained that the City Council approved the Comprehensive agreement as the appropriating body. There was a public hearing held on October 11 and held open until October 25. At that time the agreement was carried forward for approval at this November 8 meeting. The gross value of the Contract Costs Limit (CCL) is $75,585,000 the net of the interim agreement is $73,075,000. The Guarantee Maximum Price (GMP) was not included in the Comprehensive Agreement. An interim GMP would be developed at 65% design and a final GMP would be developed at 90% design. The final GMP should be available in April 2023. The shared savings clause changed from 80% to owner and 20% to Design- Builder with a $250,000 cap to 40% to Design-Builder and 60% to the owner with no cap and this only goes into effect if the cost of the project comes in under the GMP. Mr. Whitley also advised that they built into the budget $7,000,000 based on the Virginia Board of Education’s new grant program that is authorized by state statue. The grant was at 10% level and they were working to get back to the 20% level. He said it was a two-step process for whether the project was eligible and as they read the act and the enabling legislation the City met the criteria. He said after receiving the criteria in October they are not sure they will meet the criteria. He said they are trying to work to clarify and possibly get them amended. 21559 Regular Session 11/08/22 Staff recommended approving the resolution to approve the agreement allowing the project to move forward. Dr. Matthew Eberhardt, Deputy Superintendent, asked the Council for their approval of the Comprehensive Agreement to allow them to move forward with building a new middle school. He spoke of how critical this project is for the students and families, for the growth, for providing a 21 century education to the middle school students and how critical it is to allow the repurposing of the current middle school for a third elementary school. Dr. Eberhardt stated that Chair Katie Pomeroy addressed the Board of Education with Superintendent Catlett and City Manager Baroody. She asked the Board for their support of the project and she asked that they adjust the draft guidelines to address some key issues. She spoke of the City Council Support and left them with the resolution showing the Council’s support. Dr. Eberhardt spoke about the draft guidelines and for the grant program and he said he believes there will be changes to the guidelines after the public comment period closes and he was hopeful this would help the middle school receive a competitive grant but it would not be effective until July 1, 2023 and the guideline process would have to start all over again. Mr. Baroody’s letter asking for suggested changes has also been shared with the Board of Education. They have worked with Delegate Durante to draft a letter to the House Appropriation staff. They continue to work with their consultants to keep the Virginia Department of Education and the legislative staff aware of Fredericksburg City Public Schools position regarding the draft guidelines. They have 21560 Regular Session 11/08/22 suggested adjustments to the draft guidelines. They have engaged other organizations who have raised similar concerns regarding the draft guidelines and they are preparing a follow-up letter from Chair Pomeroy to the Board of Education with additional suggested changes. Dr. Eberhardt said they are trying to assure the City Publics Schools are in the best position for receiving funds going forward and he stated how important the Council’s support was moving forward. Councilor Kelly had multiple questions to include additional costs of transportation, status on the renovation of the current middle school and the status of the salary study. Ms. Jen Brody the Finance Director said they were working on a transportation efficiency study and once that is complete they would have more information on the cost for transportation. She also stated that there would not be a renovation of the existing middle school but a conversion because they did not have funding for a renovation. She said they are aware they would need to fund this and they will use a mixture of fund balance and Elementary and Secondary School Emergency Relief funds (ESSR) funding. Ms. Brody said the salary study would be completed in November but it was not a full classification and compensation study. They were focusing on the ten month employees, mainly the teachers, to make sure they are competitive. Councilor Kelly asked if the state funding was still in flux and Mr. Whitley explained that the new State School Construction Guidelines Legislation wrote in a two- step process, and they were focused on step two. Step one was in place to ensure the State did not spend all the money, they wanted some type of guidance to fund only 21561 Regular Session 11/08/22 what was critically needed projects and they gave several broad categories of examples of what could fit the guidelines. He said there were three categories Commitment, Need and Physical condition of the existing facility and as they glanced at commitment it asked question such as, do you have a site and do you have plans and the Schools have both and they moved their focus to what the level of funding they may get which was between 10 percent, 20 percent and 30 percent based on your local composite index which the City’s or the fiscal stress index score flipped from above average fiscal stress, which would have given the City 20 percent to below average fiscal stress and now the City would only get 10 percent. He said they have been focused on getting them to change the guideline by taking a longer look back at the fiscal stress. He said they had received a lot of positive comments from key stakeholders, delegates and staffs that this was a good idea and they may need to get the General Assembly to change it. In October, the Board of Education came out with the guidelines for the initial step one and as they read them they were having trouble mapping to the categories. The focus is making sure the guidelines are clear and do not unnecessarily disadvantage a project such as the City’s. He said they believe it will be successful but he could not guarantee. If it does not work out they would make plans. Councilor Gerlach asked for clarification of the three criteria and Mr. Whitley explained that it was hard to map the eleven criteria that the Department of education came up with to the three that were listed in the statue. He said there was a scoring system they developed, 65 points are needed for eligibility. He said they were questioning the criteria because it didn’t seem as though it was required that each of 21562 Regular Session 11/08/22 the three criteria’s be equally weighted. He said they also needed clarity on new building versus renovated building. He said they were not sure if the schools would not be eligible as it is written because it was all up to interpretation. Councilor Duffy stated how critical this project was. He said for years the city had been funding schools with the largest elementary schools in the state, to the detriment of the educational investment. He said they have been waiting years to get the right elementary school that was needed for the students and families. He said it was too late to stop this process and he was passionate about the need to move on. He was in support of this project and the staff. Councilor Graham made a motion to approve Resolution 22-77, approving the Comprehensive Agreement between the School Board and First Choice Public-Private Partners: Fredericksburg II, LLC for the design and construction of new middle school; motion was seconded by Councilor Devine. Vice-Mayor Frye said he realizes the timing to discuss Project Labor Agreements (PLA) was off, but he wanted to make sure that as progress goes forward with this project that there is investment in the local economy and creating skilled workers instead of laborers. He asked the School Board to be creative in the way they hire within the City. He asked if there was any feedback on PLA. Mr. Whitley said PLA’s needed to have been in the procurement documents. Dr. Eberhardt said PLA should have been in discussions in the Summer of 2021. He said he has an appointment with a gentleman to see if they can have a PLA under the middle school conversion and possibly with the charging station and the electric buses. He said 21563 Regular Session 11/08/22 they were also looking at Career Technical Education (CTE) and for better ways for internship. Vice-Mayor Frye clarified that he was speaking more about jobs for adults and not the CTE program. Dr. Eberhardt said he would look in ways to be creative. Councilor Gerlach said the Comprehensive Agreement was now complete and he wanted to remind the public that in the agreement, if there were costs overruns that exceed the Guaranteed Maximum Price (GMP) that the parties were obligated to work together to reduce the scope of work or the quality of material to keep the costs within the Contract Cost Limit. He stated that the final product may not be what is shown at the 90 percent phase. Councilor Kelly reminded everyone that the three top projects that the City was paying on were school projects and he said the commitment of the Council to schools has been to the detriment of other projects. He said this would be the largest project the City has undertaken and he feels it still has unanswered questions. He understands there is a capacity issue but the major issues they were facing were not going to be addressed with bricks and mortar. He said there needed to be a more holistic approach and it should have been dealt with at once. Councilor Graham noted that it had been 1, 365 days since he first called for a new school. He was thankful to where it has led he thanked the public for their participation. He stated this was a collaborative journey and it was necessary for the elementary students. The current two elementary schools are the largest in the state and that has had an impact on performance. 21564 Regular Session 11/08/22 Mayor Greenlaw said during those 1,365 days the City has been addressing many other urgent needs such as fire and rescue salaries, capital improvement plan projections for other serious public needs, finding funds for the new wastewater treatment plant. She said she did not want any misconceptions about the work being done, but there was no need more critical than providing a good education for the students. She noted there was ongoing collaboration with the schools and she recognized that this was a difficult time for this. The motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (1). Councilor Kelly. Resolution 22-72, Second Read Approved, Amending the Fiscal Year 2023 Budget to Carry Forward Various School Grants (D22-406 thru D22- 408). 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. After staff presentation Councilor Graham moved approval of Resolution 22-72, on second read, amending the Fiscal Year 2023 budget to carry forward various school grants; 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). 21565 Regular Session 11/08/22 Resolution 22-73, Second Read Approved, Amending the Fiscal Year 2023 Budget to Appropriate Funds in the Schools Operating and Capital Funds for Electric School Buses (D22-409 thru D22-411). 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. After staff presentation Councilor Gerlach moved approval of Resolution 22-73, on second 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 Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Ordinance 22-23, Second 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 Payment Thereof (D22-412 thru D22-414). 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 Duffy disclosed that he was employed by the City of Fredericksburg Schools and he could participate fairly, objectively and in the public interest. 21566 Regular Session 11/08/22 After staff presentation Councilor Graham made a motion to approve Ordinance 22-23, on second 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 Devine and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach and Graham. Nays (1). Councilor Kelly. Ordinance 22-24, Second Read Approved, Declaring 1100 Caroline Street Blighted, and Approving a Spot Blight Abatement Plan (D22-415). Building Official Schaffer gave a brief summary on 1100 and 1101 Caroline Street and Councilor Devine made a motion to approve Ordinance 22-24, on second read, declaring 1100 Caroline Street blighted, and approving a Spot Blight Abatement Plan; motion was seconded by Councilor Graham. It was explained that this was not an easy decision for the Council and this had been an ongoing process since 2006. The motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Gerlach, Graham and Kelly. Nays (1). Councilor Frye. Ordinance 22-25, Second Read Approved, Declaring 1101 Caroline Street Blighted, and Approving a Spot Blight Abatement Plan (D22-416). Councilor Gerlach made a motion to approve Ordinance 22-25, on second 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. 21567 Regular Session 11/08/22 Ayes (6). Councilors Greenlaw, Devine, Duffy, Gerlach, Graham and Kelly. Nays (1). Councilor Frye. Resolution 22-78, Approved, Authorizing the City Manager to Accept a Donation of Approximately 1.8 Acres of Land on the North Side of the Blue Gray Parkway for the Preservation of Open Space (D22-417). After staff presentation Councilor Kelly moved to approve Resolution 22-78, authorizing the City Manager to accept a donation of approximately 1.8 acres of land on the north side of the Blue Gray Parkway for the preservation of open space; 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 22-79, Extending the November 15 Due Date for Fiscal Year 2023 Real Estate Taxes (D22-419). Following staff presentation Councilor Graham moved to approve Resolution 22-79, extending the November 15 due date for Fiscal Year 2023 Real Estate Taxes; 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). City Manager’s Report and Council Calendar (D22-420 thru D22- 421). City Manager Baroody directed the Council’s attention to the Manager’s Update: Veterans Day Procession, Transit Strategic Plan, Early Voting, Fall Leaf Collection, November is Native American and Indigenous Peoples Heritage Month, Parking Garage Fee Increases Begin November 1, Two-Way Traffic is Coming to Fall Hill Avenue, 21568 Regular Session 11/08/22 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. Closed Meeting Approved (D22-422). Upon a motion Councilor Graham, moved approval to convene in closed session under Va. Code 2.2-3711(A)(39) to discuss or consider proprietary information, voluntarily provided by private business pursuant to a promise of confidentiality from a public body, used by the public body for business, trade, and tourism development or retention, specifically relating to the proposed expansion of the William Square project in downtown Fredericksburg.; 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). 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 (7) Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 22-80, Approved, Certifying Closed Meeting. Upon the motion Councilor Devine, approved Resolution 22-80 certifying the closed meeting; seconded by Councilor Graham and passed by the following recorded votes. Ayes (7) Councilors Greenlaw, Frye, 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 10:33 p.m. 21569 Regular Session 11/08/22 Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 21570