City Council

Public Hearing 03/14/23 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 March 14, 2023 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, March 14, 2023, beginning at 7:53 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, Finance Director Robyn Shugart, Assistant Finance Director Richard Lawrence, Budget Analyst Donna Leahy, Parks, Recreation and Events Director Todd Brown, Director of Planning and Development Services Charles Johnston and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D23-107. The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 23-03, First Read, Granting Fredericksburg VFW No. 3103, Veterans of Foreign Wars of the United States, a Twenty-Year Lease 21683 Public Hearing 03/14/23 of the Freedom Lane Right of Way, to Use for Surface Parking and Other Improvements Associated with the Expansion of the Post; and Closing Freedom Lane to Motor Vehicle Traffic (D23-107). no speakers. After staff presentation Councilor Kelly moved to approve Ordinance 23-03, on first read, granting Fredericksburg VFW No. 3103, Veterans of Foreign Wars of the United States, a twenty- year lease of the Freedom Lane right of way, to use for surface parking and other improvements associated with the expansion of the post; and closing Freedom Lane to motor vehicle traffic; 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). Adjourned. There being no speakers to come before the Council at this time, Mayor Mary Katherine Greenlaw declared the hearing officially adjourned at 7:57 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 21684 Regular Session 03/14/23 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 March 14, 2023 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, March 14, 2023, 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, Finance Director Robyn Shugart, Assistant Finance Director Richard Lawrence, Budget Analyst Donna Leahy, Parks, Recreation and Events Director Todd Brown, Director of Planning and Development Services Charles Johnston 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 Deputy Sean Jett at this evening’s meeting. 21685 Regular Session 03/14/23 American Red Cross Proclamation (D23-103). Mayor Greenlaw presented a proclamation to the American Red Cross Executive Director Patricia Wolfrey, proclaiming the month of March as Red Cross Month. Fiscal Year 2024 City Manager’s Recommended Operating Budget and Fiscal Year 2024-2028 Capital Improvements Plan (D23-104). City Manager Baroody presented the Fiscal Year (FY) 2024 budget. The recommended general fund budget for FY 2024 was $120,552,445 this is an increase of $5,567,690, up 4.84% from the FY 2023 original General Fund Budget. This budget also includes a recommended $.02 real estate tax increase moving from $0.86 to $0.88 per $100 in valuation (a 2.5% percent increase), generating approximately $915,000 in new general fund revenue. Mr. Baroody also recommended a Lodging tax rate increase from 6% to 8%, estimated to generate an additional $560,000. The FY 2024 budget also includes some changes in Parks and Recreation fees and EMS fees. Mr. Baroody explained that the largest drivers for expenditures in the FY 2024 budget were: employer recruitment, retention, associated compensation, new debt service and inflation. The total requested General Fund budget for FY 2024 was over $127 million, which suggests the magnitude of growth in demand for City services and infrastructure. There were 23 positions requested in the General Fund and the Recommended Budget only included five new and one conversion from part-time to full-time. There were also multiple new positions in the City’s enterprise funds. Three of the five new positions are 21686 Regular Session 03/14/23 allocated to public safety: the Fire and Rescue Training Officer, Deputy Police Chief and Police officer. Mr. Baroody stated that the employees were the most valuable resource in successfully moving the City forward and honoring the City Council’s Priorities. He spoke of the continued challenges with recruitment and retention. The FY 2024 budget designates a historic amount of funding, over $3 million in new investments in compensation, to better enable recruitment and retention efforts moving forward. This budget recommends that compensation for full time employees increase between five percent and ten percent, depending on various factors. Mr. Baroody shared that the City continues to see inflation impacts on the goods and services purchased, but the City was also seeing larger revenue collections due to increase costs in goods in services. The City is also aggressively seeking state and federal grants. Over the years the City has been awarded more than $40 million in Commonwealth direct support for the wastewater treatment plant rebuild. The Project has also qualified for as much as $54 million in grants from the Virginia Water Quality Improvement Fund (WQIF) sources. The City also assisted the School Board in grant funding from the Commonwealth of Virginia, which may offer millions of dollars in support of the new middle school construction project. The City also submitted a $5 million request to the federal delegation in support of the wastewater treatment plant and a $4 million requests to support the City’s Computer Aided Dispatch (CAD system). 21687 Regular Session 03/14/23 Mr. Baroody spoke about the larger projects as well as the smaller one. He said most of the partner outside agencies would receive leveled funding with a couple exceptions that boosted food support for the needy and reduced some homelessness support in light of recent Continuum of Care recommendations. The City still reserves $2 million in support of homelessness initiatives but will recommend moving those resources to a reserve on the balance sheet and out of the soon to expire ARPA reserve. The Council’s Vision has been advanced by the setting of community priorities, which are tracked and reported quarterly. In Phase Four of this work, staff is focused on the critical work Council has directed and is working with community stakeholders in pushing resources and attention to what matters most. (See D23-__for more information.) Consent Agenda Accepted for Transmittal as Recommended (D23- 105 thru D23-106). Councilor Kelly 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). • Resolution 23-20, Second Read, Amending the Fiscal Year 2023 Budget to Enter into a Performance Contract with ABM Building Systems, Inc., for Energy Savings Work on Select Buildings (D23-105). • Transmitting an Update on Ranked Choice Voting (D23-106). Public Hearing (D23-107). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. 21688 Regular Session 03/14/23 Citizen Comment. The following comments were given and/or submitted to be read during the citizen comment portion of this evening’s meeting. Steve Watkins (D23-108), 1206 Walker Drive, a 32-year resident of the City, an author of historical novels for young readers. He said he has a deep interest and commitment in Fredericksburg’s history, the current state and its future. He presented an online petition that he put out on Change.org where he received 208 signatures. He also presented an article he had written in the Pie & Chai Magazine regarding the Confederate street names in Idlewild. He said it was time to stop honoring Confederate men and women in the City. Rupert Farley, 1305 Caroline Street, addressed consent agenda item 5B, a memorandum on Ranked Choice Voting. He asked the Council to keep in mind the number of people who did not run for City Council because of plurality winner elections. He said with ranked choice voting this would not be an issue because anyone who wants to run can run without feeling like they are a vote splitter or spoiler. Sue Sargeant (D23-109), 1318 William Street, spoke in regards to Renwick Courthouse. She urged the Council not to allow the building to fall in to the hands of private investors. She spoke of her disappointment with the properties being built at the old Free Lance-Star site. Council Agenda Presented. The following items were presented to Council for discussion. • Renwick Courthouse – National Register of Historic Places Nomination – Councilor Kelly 21689 Regular Session 03/14/23 • Idlewild Street Names – Councilor Graham • Steam Engine – Councilor Kelly • Shootings in the City – Vice-Mayor Frye Renwick Courthouse – National Register of Historic Places Nomination. Councilor Kelly stated that he conducted a poll on Renwick to see what the Community thought about Renwick and he received 320 responses and there was a lot of support for maintaining pubic ownership of the building, looking at public private opportunity to use the building and to engage the public in the discussion. He said this was a national building of significance. Councilor Kelly said he was contacted by Historic Fredericksburg Foundation, Inc. and they reminded him that it was discussed to have the building put on the National Register of Historic Places. They wrote in 2019 offering to help do that and to help cover the cost. He said HFFI has already filled out the preliminary paperwork and now all that needed to be done was to submit the application for the National Register. HFFI has offered to pay half of the cost. Councilor Kelly said the City needed to look at all options that are available, for that structure, and putting it on the National Register would help with some of the options. He said there was a number of options available for funding if the building was on the National Register. Mayor Greenlaw stated that she has no problem moving this forward but she said it should come from the City and not paid for by anyone else. She was appreciative of the offer. 21690 Regular Session 03/14/23 Councilor Gerlach asked for the advantages of having it listed and Mr. Kelly said it gives access to additional funding sources especially federal funding and it would bring attention to a nationally historic building which goes out to the nation at large. He stated there was no downside to doing this. Planning Director Johnston added that the Renwick building was on the national register as part of the National Register District, but said it could be individually listed on the register. He said it was eligible for tax credits. Mr. Kelly said when you have a property listed individually there are more opportunities for the property. Mayor Greenlaw recognized that the property was protected by the rules and regulations of the Architectural Review Board and the City would set conditions and regulations to protect it when it decides what it will do with the property. Councilor Kelly said he would let HFFI know that the City would be submitting the application for the National Register. Mr. Baroody reminded Council that staff came to the Council last summer about next steps and from that conversation, staff returned in January, and suggested finding a consultant to help with multiple things to plan the future of Renwick appropriately. Mr. Baroody said putting it on the National Register was very appropriate but suggested it be part of the project for the consultant. Councilor Duffy agreed that was a good step to include it in the work of the consultant. 21691 Regular Session 03/14/23 Mr. Baroody explained that there were several projects underway while the property is unoccupied: the heat and air conditioning was running full time to control air quality and there would be work on the steeple this budget season. Mayor Greenlaw asked if the work with the consultant could happen within this calendar year and Mr. Baroody agreed. Vice-Mayor Frye asked for clarity on whether they were speaking about all three properties or just Renwick and Mr. Baroody said he was speaking of the entire complex, all three buildings. Mayor Greenlaw clarified that the designation would only be for Renwick. Councilor Kelly said he was hopeful that there would be discussions on all options for the property. He said the critical thing that needed to be addressed was whether the property would be maintained in City ownership. He said this has not been clarified for the public. Councilor Gerlach was in agreement that we should move forward with the designation. He said this was last discussed at the June 14, 2022 work session and there was discussion as to whether it should remain publically owned and he said no one on the Council wanted it to become privately owned. The draft Request for Quote (RFQ) was prepared and it said the City was interested in retaining ownership of the complex although it would consider other alternatives that would allow financing flexibility while insuring a long-term public-private partnership. He said it had not been fully determined but everything is pointing to the direction that the City wants to retain ownership. 21692 Regular Session 03/14/23 Councilor Kelly said moving forward it should be known because it will drive the direction of the property. He said there were many examples of public-private facilities that maintain their public use. Councilor Kelly reiterated his main concern was that the Renwick Courthouse remain public property and the other two buildings could be used for something else. Councilor Gerlach addressed a comment on the website where Councilor Kelly’s survey was located and it said “City Council plans to redevelop the site but wants to sell it off to private interests.” He said this was a false statement, and the Council has never reached that conclusion. Councilor Devine reminded everyone that the Wallace building was a gift to the City. She was in agreement with moving ahead with the consultant. She said this process would help to identify the best use for the building. This was a building that everyone was proud of and has a soft spot for it. She said the Council wants to give it the best next life. Idlewild Street Names. Councilor Graham thanked Mr. Watkins for voicing concern over the issue of street names honoring Confederate men and women in the City. He said he was in support of the initiative to change the street names. He said within Idlewild there was one street name that stood out, and it was Jubal Early Drive. Jubal Early was a Confederate general that spent the reminder of his life toward white supremacy and Councilor Graham said the City could not keep honoring people like this. Councilor Graham reminded the Council that the Memorials Commission had written a letter where they unanimously approved a request to rename Forrest Avenue 21693 Regular Session 03/14/23 ,which is named after Nathan Bedford Forrest, the founder of the KKK. He said this was a growing movement and recognition across the City and it was time to stop honoring these men and women. Vice-Mayor Frye also thanked Mr. Watkins for bringing this to the Council. He recognized that this was a tough topic. He noted that in 2020 someone had written a letter about Confederate Ridge and he said it was the Council’s duty to address these concerns. Dr. Duffy agreed the concerns needed to be addressed. Councilor Kelly noted that the streets should be named after those who have contributed to the City like those that are on the Wall of Honor. He said there needed to be a community conversation to address it. Councilor Gerlach said he looked forward to the conversations but he noted that history is made daily. He also stated that the streets had names prior to the Civil War and it would not be out of the ordinary to change the names. Steam Engine. Councilor Kelly said he was contacted by Carey Leitch about a steam engine that sits at the entrance gate of Quantico which ran a saw mill in Stafford County in the 1880’s and stamped on the side is Fredericksburg, Virginia. It was made at the Hope Foundry which was located in downtown Fredericksburg. The Foundry operated from 1846 to the turn of the century. There were discussions about bringing the steam engine back to Fredericksburg and Mr. Leitch has offered to move it and store it until the City decides what to do with it. 21694 Regular Session 03/14/23 Councilor Kelly asked the Council if there was interest in bringing the engine back to the City, and if Mr. Baroody would be able to send a letter of support for moving it here. Shootings in the City. Vice-Mayor Frye mentioned that there were two shootings, in one day, a couple weeks ago and in December there were two. He expressed his concern that one day someone will get hurt. He reminded the public that they could voluntarily turn in unwanted guns to the Fredericksburg Police Department, 365 days a year. Adoption of Minutes (D23-110). Councilor Graham moved approval of the October 11, 2022 Work Session Minutes and the February 28, 2023 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). Ordinance 23-04, First Read, Changing the Real Estate and Personal Property Tax Due Dates (D23-111). After staff presentation Councilor Gerlach moved to approve Ordinance 23-04, changing the real estate and personal property tax due dates; 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 (D23-112 thru D23- 113). City Manager Baroody directed the Council’s attention to the Manager’s Update: 21695 Regular Session 03/14/23 Women’s History Month, Canal Cleanup and planned Fallen Tree Removal, Annual Water Disinfection Change and Flushing Begins, Accessory Dwelling Units Ordinance Proposal Community Outreach, Wall of Honor, Traffic Safety Initiative, Recycle Right, Train Bridges Rehabilitation Project, Board and Commission Openings, The Parks, Recreation and Events Winter & Spring Catalog is now available, Spring 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 9:03 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 21696