City Council

Public Hearing 10/10/23 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 October 10, 2023 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, October 10, 2023, beginning at 7:41 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, Assistant City Attorney Dori Martin, Police Chief Brian Layton, Deputy Police Chief Betsy Mason, Captain Rashawn Cowles, Captain Crystal Hill, Captain Patrick Reed, Emergency Communications Director Michelle Lambert, Transit Director Jamie Jackson, Planning and Building Services Director Charles Johnston, Senior Development Administrator Marne Sherman, Community Development Planner Bailey Thompson, Stormwater Manager Brian Cook, Stormwater Specialist Pamela Daniels, Finance Director Robyn Shugart, Budget Analyst Donna Leahy and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D23-463 thru D23-467). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. 21941 Public Hearing 10/10/23 Resolution 23-60, Approved, Amending the 2015 Comprehensive Plan to Designate a 56-Acre Parcel in Small Area 9 for Future Open-Space Use (D23-463 thru D23-465). No speakers. Community Development Planner Thompson presented a PowerPoint presentation followed by a presentation from the outgoing Executive Director of Downtown Greens Sarah Perry. Pete Morelewicz (D23-466), 222 Princess Anne Street, spoke in support of the Comprehensive Plan Amendment designating 1360 Belman Road as Preservation. He said before moving to the City he knew nothing about gardening and food production but through Downtown Greens he has learned to cultivate healthy soil, plant his own pollinator garden, and appreciate the local flora and fauna. He now helps to teach his neighbors. Linda Thornton (D23-467), 1331 Hanover Street, spoke in support of the amendment to the City’s Comprehensive Plan to allow Downtown Greens to put the 56- acre parcel in the Battlefield Industrial Park. Councilor Devine congratulated Downtown Greens and she said she was proud to be a donor and she moved to approve Resolution 23-60, amending the 2015 Comprehensive Plan to designate a 56-acre parcel in Small Area 9 for future open-space use; motion was seconded by Councilor Devine; motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham and Kelly. Nays (0). Councilor Gerlach. 21942 Public Hearing 10/10/23 Adjourned. There being no speakers to come before the Council at this time, Mayor Mary Katherine Greenlaw declared the hearing officially adjourned at 8:01 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC APPROVED 10-10-23 21943 Public Hearing 10/10/23 [This page intentionally left blank] 21944 Regular Session 10/10/23 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 October 10, 2023 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, October 10, 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, Assistant City Attorney Dori Martin, Police Chief Brian Layton, Deputy Police Chief Betsy Mason, Captain Rashawn Cowles, Captain Crystal Hill, Captain Patrick Reed, Emergency Communications Director Michelle Lambert, Transit Director Jamie Jackson, Planning and Building Services Director Charles Johnston, Senior Development Administrator Marne Sherman, Community Development Planner Bailey Thompson, Stormwater Manager Brian Cook, Stormwater Specialist Pamela Daniels, 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 Councilor Matthew J. Kelly followed by the Pledge of Allegiance led by Councilor Jason N. Graham. 21945 Regular Session 10/10/23 Officer Recognized. Mayor Greenlaw recognized the presence of Deputy Sean Jett at this evening’s meeting. Proclamation Recognizing Paralegals Week (D23-454). Mayor Greenlaw presented a proclamation to Senior Paralegal Lynne Seay of the Commonwealth’s Attorney office proclaiming October 23-27 as Paralegals Week and Monday, October 23 as Paralegals Day. Introduction of New Command Staff at the Police Department. Chief Brian Layton introduced his new command staff at the Police Department: The First Deputy Police Chief for Fredericksburg Betsy Mason, Captain Patrick Reed, Captain Rashawn Cowles, Captain Crystal Hill and Emergency Communications Director Michelle Lambert. Vice-Mayor Frye thanked the Police Department for the way they handle responses at the schools. He said he does the breakfast buddy program and he has seen the police at work in the schools. Consent Agenda Accepted for Transmittal as Recommended (D23- 455 thru D23-462). 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). 21946 Regular Session 10/10/23 • Resolution 23-59, Second Read Approved, Amending the Fiscal Year 2023 Budget for the Health Insurance and Multi-Purpose Stadium Funds (D23- 455). • Transmittal of the Board and Commission Minutes o Planning Commission – January 12, 2022 (D23-456). o Planning Commission – March 8, 2023 (D23-457). o Planning Commission – March 15, 2023 (D23-458). o Planning Commission – March 17, 2023 (D23-459). o Planning Commission – April 26, 2023 (D23-460). o Planning Commission – May 10, 2023 (D23-461). o Recreation Commission – July 20, 2023 (D23-462). Public Hearing (D23-463 thru D23-467). 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. There were no items presented to Council for discussion. Adoption of Minutes. Councilor Devine moved approval of the September 12, 2023 Public and Regular Session minutes; motion was seconded by Vice-Mayor Frye 21947 Regular Session 10/10/23 and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 23-61, Approved, Initiating an Amendment to the Unified Development Ordinance §72-34.4, Wetlands Overlay District, to Conform to the Code of the Virginia (D23-468 thru D23-469). After staff presentation Councilor Kelly moved to approve Resolution 23-61, initiating an amendment to the Unified Development Ordinance §72-34.4, Wetlands Overlay District, to conform to the Code of the Virginia; 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 23-62, First Read Approved, Appropriating Fiscal Year 2024 Fredericksburg Transit Fund Balance for a Radio, Communications and Emergency Management System Project (D23-470). After staff presentation Councilor Graham moved to approve Resolution 23-62, on first read, appropriating Fiscal Year 2024 Fredericksburg Transit fund balance for a radio, communications and Emergency Management System project; motion was seconded by Councilor Kelly and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 23-63, Approved, Appropriating $60,000 in the City Grant and Fredericksburg City Schools’ Capital Funds in Fiscal Year 2024 for a Grant from the Virginia Department of Historic Resources for an 21948 Regular Session 10/10/23 Adaptive Reuse Feasibility Study for the 1935 Walker-Grant School (D23- 471 thru D23-473). After staff presentation Councilor Duffy disclosed that he was employed by the Fredericksburg City Public Schools but he could participate fairly, objectively and in the public interest. Vice-Mayor Frye disclosed that his spouse was employed by the Fredericksburg City Public Schools but he could participate fairly, objectively and in the public interest. Councilor Gerlach moved to approve Resolution 23-63, appropriating $60,000 in the city grant and Fredericksburg City Schools’ Capital Funds in Fiscal Year 2024 for a grant from the Virginia Department of Historic Resources for an Adaptive Reuse Feasibility Study for the 1935 Walker-Grant School; motion was seconded by Councilor Frye and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Gerlach, Graham and Kelly. Nays (0). Resolution 23-64, First Read Approved, Approving an Assignment of Fund Balance for Fiscal Year 2023 (D23-474 thru 476). After staff presentation Councilor Kelly moved to approve Resolution 23-64, on first read, approving an assignment of fund balance for Fiscal Year 2023; 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 23-65, First Read Approved, Amending the Fiscal Year 2024 Budget to Appropriate Funds for the Purchase of Public Safety Vehicles (D23-477). After staff presentation Councilor Kelly moved to approve 21949 Regular Session 10/10/23 Resolution 23-65, on first read, amending the Fiscal Year 2024 budget to appropriate funds for the purchase of public safety vehicles; 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). City Manager’s Report and Council Calendar (D23-478 thru D23- 479). City Manager Baroody directed the Council’s attention to the Manager’s Update: State Awards Received, Scarecrow Fest, The Fredericksburg Police Department, In- Person Absentee Voting (early voting), Election Text Notification, Community and School Safety, Small Area Plan 5, Fire Department Open House, The City’s FY24 Asphalt and Concrete Rehabilitation Program Begins, Fredericksburg Christmas Parade, Traffic Safety Initiative, Hops and Happy Hour, Community Resources, Public Input Sought on Proposed Plan, The Parks, Recreation and Events Fall Catalog is available!, Fred Focus. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 8:18 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 21950