City Council

Public Hearing 03/12/24 HON. KERRY P. DEVINE, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR HON. JANNAN W. HOLMES, AT-LARGE CITY COUNCIL HON. DR. WILL B. MACKINTOSH, 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 12, 2024 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, March 12, 2024, beginning at 8:02 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine. Vice-Mayor Charlie L. Frye, Jr. (joined via phone-out of town), Council members Dr. Timothy P. Duffy, Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager David Brown, City Attorney Kathleen Dooley, Fire Chief Mike Jones, Planning and Building Services Director Charles Johnston, Principle Planner Michael Craig, Zoning Administrator Kelly Machen, Community Development Planner Bailey Thompson, Budget Analyst Donna Leahy, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D24-112 thru D24-113). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 24-03, Approving the Cable Franchise Renewal Agreement between the City of Fredericksburg and Verizon Virginia LLC 22087 Public Hearing 03/12/24 (D24-112). no speakers. City Attorney Dooley presented this item and gave a brief background on the franchise agreement stating that cable services are governed by a complex network of federal and state laws and regulations. This is a renewal of service the City already has and they are staying the course. The term is five years, and the money associate with the franchise is the communication sales tax. This is a five percent fee that is collected on the cable bill by the state and then remitted to the localities. Verizon has also pledged to make a ten- thousand-dollar lump sum for the Public Educational and Government (PEG) Capital Fund. The ten thousand dollars will support capital costs that are incurred by the City and the schools in lifting up or generating content and transmitting it. Verizon has also offered to upgrade the educational and governmental service channels to HD and finally they offered to upgrade the cable facilities at the Walker Grant Center. Councilor Graham asked the Verizon Franchise Manager Ms. Julie Anderson if Verizon provided service west of I-95 and Ms. Anderson said there were four residential areas in that area and Verizon does not have access to any of them. Two of the four the developers did not let them in and the other two they would love to get access to. Councilor Devine asked about upgrading some of the hand holds and Ms. Anderson suggested she send her the addresses and she would see that they are upgraded. Councilor Graham moved to approve Ordinance 24-03, on first read, approving the Cable Franchise Renewal Agreement between the City of Fredericksburg and 22088 Public Hearing 03/12/24 Verizon Virginia LLC; motion was seconded by Councilor Mackintosh and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Annual Action Plan for The Community Development Block Grant Program – the Community Planning and Building Department is Soliciting Comments from the Public on the Development of the 2024-2025 Annual Action Plan for the Expenditure of Anticipated Community Development Block Grant Funds (D24-113). No speakers. Community Development Planner Thompson explained that each year the City submits an Annual Action Plan to the U.S. Department of Housing and Urban Development (HUD) in order to meet its federal guidelines under the Community Development Block Grant (CDBG) Program. Mr. Thompson said the 2024-2025 Annual Action Plan-CDBG program supports households with incomes below 80 percent of the area’s median income. There are four programs that the Planning Department administers: the Emergency Home Repair, the Removal of Architectural Barriers program, Direct Homeowners Assistance program and Public Facilities program. The CDBG program also work with outside agencies, partnering non-profits such as Legal Aid Works, Lois Anne’s Hope House and Fredericksburg Area Support Services. Mr. Thompson noted that in addition to this public hearing he solicited input from neighborhood and Civic groups directly. The plan will appear in the Free Lance-Star and a finalized plan will come before the Council in April. 22089 Public Hearing 03/12/24 Mr. Thompson said last year they received $201,420. Mayor Devine asked how many residents are usually helped with these grants. Mr. Thompson said the Emergency home repair assisted three families, Architectural Barriers helped two families, Homeowner Assistance helped two families and with sub recipients it branches out and they assisted nearly thousands of people. Councilor Graham said he could not express the impact this money has on the community. He said it prevents families from losing their homes. Councilor Holmes asked if the advertisement could be placed in some of the online newspapers. Mr. Baroody said they would look into it. Adjourned. There being no speakers to come before the Council at this time, Mayor Kerry P. Devine declared the hearing officially adjourned at 8:10 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 22090 Regular Session 03/12/24 HON. KERRY P. DEVINE, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR HON. JANNAN W. HOLMES, AT-LARGE CITY COUNCIL HON. DR. WILL B. MACKINTOSH, 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 12, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, March 12, 2024, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine. Vice-Mayor Charlie L. Frye, Jr. (joined via phone-out of town), Council members Dr. Timothy P. Duffy, Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager David Brown, City Attorney Kathleen Dooley, Fire Chief Mike Jones, Planning and Building Services Director Charles Johnston, Principle Planner Michael Craig, Zoning Administrator Kelly Machen, Community Development Planner Bailey Thompson, Budget Analyst Donna Leahy, and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Timothy P. Duffy followed by the Pledge of Allegiance led by Councilor Jason N. Graham. Officer Recognized. Mayor Devine recognized the presence of Officer DeAndre McCoy and Deputy Sean Jett at this evening’s meeting. 22091 Regular Session 03/12/24 Proclamation for Multiple Sclerosis Awareness Month (D24-103). Mayor Devine presented a proclamation to Ms. Belinda Mattos, on behalf of the citizens and City Council proclaiming the month of March as Multiple Sclerosis Education and Awareness month. Proclamation for Colorectal Cancer Awareness Month (D24-104). Mayor Devine presented a proclamation to Medical Director Dr. Narayan Dharel and Center Administrator Yolanda Kay, on behalf of the citizens and City Council proclaiming the month of March as Colorectal Cancer Awareness Month. Fiscal Year 2025 City Manager’s Recommended Operating and Capital Budget (D24-105). City Manager Baroody presented the Fiscal Year (FY) 2025 budget. He noted that the City continues to have an excellent bond rating from Wall Street, it maintains a strong fund balance, and budget conservatively, while building for the future. The City has maintained a stable departmental leadership which is critical when moving the many legacy projects now underway. These legacy projects include Enterprise Resources Planning (ERP) $1.5 million, Computer Aided Dispatch System (CAD) multi-million-dollar project, new middle school $77 million, Visitor Center move to Executive Plaza, Remote Read Water Meters, Motts Water Plant Expansion and Upgrade $20 million, Wastewater Treatment Plant Expansion and Upgrades $150 million and Fire Station #3. 22092 Regular Session 03/12/24 Mr. Baroody said with these project as the back drop the recommended General Fund budget is $126,694,000, an increase of $5,259,000, or 4.3% from the FY 2024 original General Fund appropriation of $121,434,000. This budget also includes a recommended $.04 real estate tax increase over the equalized rate. Additionally, this budget recommends the adoption of Fire Tax of $0.01 to support the purchase of an apparatus now, and to support our move to a third fire station in the coming years. We are also recommending an increase to Admissions Tax from 6% to 7%, an increase to the cigarette tax to $0.40 on a pack of cigarettes, and an increase to the Court Security Fee from $10 to $20. This budget also includes a reassessment of real estate. Personal Property taxes in the City are projected to be impacted as new car price increases are slowing down, as the supply chain makes improvements. This impacts the used vehicle values. The City is forecasting an approximate 5.7% decline in used vehicle values, this information was projected by JD Power. The recommended budget includes three new (and one reconfigured position) General Fund positions, and one part-time position to assist in advancing community communications. The City continues to face significant recruitment and retention challenges. The City has dozens of jobs open and unfilled. The FY 2025 budget continues aggressive investments in compensation, to better enable recruitment and retention efforts moving forward. This budget recommends that compensation for full time employees 22093 Regular Session 03/12/24 be adjusted by a 2.5% across the board pay scale increase, and a 2.5% increase along the scale for both public safety and non-public safety employees. An increase in the EMS stipends in the Fire and Rescue Department is also recommended for competitive purposes. This proposed compensation package generally keeps pace with our neighbors. The FY2025 budget includes $1,915,000 for schools, which includes monies to support enhanced security measures and planned capital expenditures. The recommended transfer totals $32,665,000, an historic commitment to schools. This is also the largest General Fund expenditure. The budget also includes $7,132,000 to cover school debt service in FY2025, which over $3 million supports the new middle school now under construction. The City continues to see inflation impact the goods and services it purchases. City Management and staff have been and will continue monitoring economic outlooks, along with their potential impacts on the City and our region. Partner agencies have generally been level funded in the recommended budget, as they have in years past, with a couple of exceptions. Mr. Baroody assured the Council that their priorities, and many community needs, were intricately woven into this FY 2025 budget recommendation. (See D24-105 for more information.) Consent Agenda Accepted for Transmittal as Recommended (D24- 106 thru D23-111). Councilor Graham moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Holmes and passed by the following 22094 Regular Session 03/12/24 recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). o Ordinance 24-02, Second Read Approved, Imposing a Collection Fee on Delinquent Taxes and Other Charges Referred for Collection, and Authorizing the Treasurer to Employ a Private Collection Agency or Attorney for Collections (D24-106). o Transmittal of the Board and Commission Minutes o Architectural Review Board – November 13, 2023 (D24-107). o Architectural Review Board – November 27, 2023 (D24-108). o Architectural Review Board – December 11, 2023 (D24-109). o Architectural Review Board – January 8, 2024 (D24-110). o Fredericksburg Arts Commission – January 17, 2024 (D24-111). Public Hearing (D24-112 thru D24-113). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. The following comments were given and/or submitted to be read during the citizen comment portion of this evening’s meeting. Rebecca Brenkman (D24-114), said she was representing not only on behalf of Students for Justice in Palestine, but also as a Fredericksburg City Resident, a City taxpayer, and ultimately, a concerned citizen of the United States. She said there was hurt, pain, and anger that resonates throughout the community, because every day, 22095 Regular Session 03/12/24 they are reminded of both the atrocities of the ongoing genocide against innocent Palestinian civilian. Ms. Brenkman said there have been both students and residences, that have been doxxed in these past months, for simply advocating against this genocide, and are now not feeling safe, living in our community, while both the administration of Mary Washington, and the Fredericksburg Community leaders, stay idle and complicit. She asked the Council to introduce, and pass a ceasefire resolution, calling for an end to U.S. support of the occupation's onslaught in Gaza, and to call for an immediate and permanent ceasefire. See D24-114 for more information. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Regional Transportation Authority – Councilor Mackintosh 8B. Communication of Development Proposals to Public – Councilor Mackintosh Regional Transportation Authority – Councilor Mackintosh gave an update on the Regional Transportation Authority (RTA). He said the RTA subcommittee would be working on a regional consensus and if there is a RTA, what the split of money would look like, and second, working on a consensus on potential mix of tax revenue would look like and what the governance or decision making structure would look like for RTA. Councilor Graham gave a brief background, stating that other RTA’s like those in Northern Virginia and Hampton Roads and Richmond each have a division of the funds they receive and how they are disbursed. The source of revenue is the other main question, he noted that the gas tax could not be used like it is in other regions because it 22096 Regular Session 03/12/24 is used for Virginia Railway Express. He said they will most likely look at sales tax, grantors tax, and occupancy tax unless there are other ideas. Communication of Development Proposals to Public – Councilor Mackintosh stated that he has been hearing from constituent that they are having a hard time knowing what is coming before the Council, particularly big developments. He requested that staff would explore ways to better communicate upcoming projects in plain language instead of the technical language. He would like to see this on the website. Mr. Baroody said this is something staff would work on and he noted that the website was getting a refresh and this may be something to add. Mayor Devine agreed this was something that needed to be done to have better communication to the public. Adoption of Minutes. Councilor Duffy moved approval of the February 27, 2024, Regular Session minutes; motion was seconded by Councilor Holmes and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Architectural Review Board Appointment – Adrianna Moss (D24- 115). Councilor Duffy moved to reappoint Adriana Moss to the Architectural Review Board; motion was seconded by Councilor Graham and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). 22097 Regular Session 03/12/24 Resolution 24-14, Approved, Initiating Amendments to the 2015 Comprehensive Plan to Site the Potential Location of Fire Station 3 at the Intersection of Wicklow Drive and Fall Hill Avenue (D24-116 thru D24- 117). After a brief PowerPoint presentation Councilor Graham moved to approve Resolution 24-14, initiating amendments to the 2015 Comprehensive Plan to site the potential location of Fire Station 3 at the intersection of Wicklow Drive and Fall Hill Avenue; motion was seconded by Councilor Gerlach and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-15, Approved, Initiating an Amendment to the Unified Development Ordinance to Permit Fire Station Uses within the Residential R-2 Zoning District with a Special Use Permit (D24-116 thru D24-117). Councilor Graham moved to approve Resolution 24-15, initiating an amendment to the Unified Development Ordinance to permit Fire Station uses within the Residential R-2 Zoning District with a Special Use Permit; motion was seconded by Councilor Gerlach and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). City Manager’s Report and Council Calendar (D24-118 thru D24- 119). City Manager Baroody directed the Council’s attention to the Manager’s Update: Women’s History Month, City Joins ‘Share the Air” Awareness Campaign, 2024 22098 Regular Session 03/12/24 Sustainability Award, Fredericksburg – Ghana Friendship Day Celebration, The City is Seeking Wall of Honor Nominations, Fredericksburg Regional Transit Awarded Two Hospital Grants, The Huntley Homecoming Celebration is Scheduled for Saturday, March 30, Historic Garden Week in Fredericksburg, Junior Naturalists, Did You Know That the Motts Run Nature Center is Staffed Entirely by Volunteers, Now Hiring! Join Our Team Today, Parks, Recreation and Events Summer Catalog is now Available and Fred Focus. Adjournment. There being no further business to come before the Council at this time, Mayor Devine declared the meeting officially adjourned at 8:50 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 22099 Regular Session 03/12/24 [This page intentionally left blank] 22100 APPROVED 06-27-23