City Council

Regular Session 03/26/24 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 26, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, March 26, 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., 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, Assistant City Attorney Dori Martin, Police Chief Brian Layton, Principle Planner Michael Craig, Assistant Finance Director Richard Lawrence, Budget Analyst Donna Leahy, 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. Officer Recognized. Mayor Devine recognized the presence of Officers Gregory Baugher and Stephen Monahan at this evening’s meeting. Update from Fredericksburg Area Museum. Fredericksburg Area Museum’s President and CEO Sam McKelvey reported that the museum had record 22101 Regular Session 03/26/24 attendance the past year and that has far exceeded all of their records. He said the free admission was one of the reasons and also because of the support from the City. He said their Lafayette Exhibit has been wonderfully received by the community. Mr. McKelvey said that the exhibit would be up for two years because of how well it was received and because of the 250th anniversary of the revolution. He said the museum was working on the Semiquincentennial with Assistant Tourism Director MC Morris. Mr. McKelvey said all the work that Dr. Gaila Sims was working on would roll into the Black Arts Festival, which they were working on with the City and Harambee 360. The festival is planned for the first weekend in November at Hurkamp Park, Riverfront Park and the Fredericksburg Area Museum. It will be a big celebration of art, black art, and the City of Fredericksburg. Dr. Sims said during Black History Month she personally saw 500 people at the Museum and out in the community through presentations and events. One of the highlights during Black History Month was the installation and opening of five new panels throughout the City. In collaboration of the Wayside Panels Working Group, community members and Historic Resources Planner Kate Schwartz they created a panel dedicated to Johnny P. Johnson at the corner of William and Sophia Streets, one on the Manahawkin Indigenous Tribe near Fall Hill Avenue, one honoring the original Walker-Grant School on Gunnery Road, one on Declaration Day-the Precursor to Modern Day Memorial Day Celebrations and finally the first wayside panel in Mayfield dedicated to Doctor W. L. Harris. The Museum held a reception celebrating the new 22102 Regular Session 03/26/24 panels and they took some on a trolley tours to visit the new panels. Dr. Sims said they were already working on their next series of panels to be installed. During Black History Month, they also debut a new African American History brochure in collaboration with Assistant Director of Tourism Morris, the Visitor Center and Dr. Steve Hannah at the University of Mary Washington. The title of the new brochure is “Interwoven African American History in Fredericksburg, Virginia”. Dr. Sims stated that in April they would debut new trolley tours entitled “Sparking Freedom: Enslaved Resistance in Fredericksburg and Stafford, Virginia”. This tour was developed in partnership with the Fredericksburg and Spotsylvania County Battlefield National Military Park. She said they received a grant from the National Park Foundation for this tour. Dr. Sims gave an update on the Auction Block Corner stating that they had finalized the Request for Proposals and they were working to distribute it as far as possible in order to create the best team possible. Work is also still ongoing for the Big African American History Exhibit, called “Living Legacy’s African American History in Fredericksburg Area”, to open in March 2025. She also noted that they had received a National Endowment for the Humanities Grant for the project. Dr. Sims thanked the City Council and all the community members who have shown up to events and who have shared their stories. Councilor Gerlach asked when the Sounds of Summer would begin and Mr. McKelvey said they would begin the first Friday in June and this year the last Friday of the month will be planned as a rain date. 22103 Regular Session 03/26/24 Consent Agenda Accepted for Transmittal as Recommended (D24- 120 thru D24-127). Councilor Gerlach moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). o Ordinance 24-03, Second Read, Approving the Cable Franchise Renewal Agreement Between the City of Fredericksburg and Verizon Virginia, LLC (D24-120). o Resolution 24-16, Releasing Prior Allocations of Motor Fuels Tax Funds for Various Projects (D24-121). o Resolution 24-17, Authorizing Use of $807,792.00 of Motor Fuels Tax Funds for Various Transportation Projects (D24-122). o Resolution 24-18, Authorizing the City Manager to Execute a Right-of-Way Agreement with Dominion Virginia Power for Power Service to the New Middle School (D24-123). o Ordinance 24-04, First Read, Amending City Code Chapter 14, Article IX, “Urban Agriculture,” to Revise the Regulations Regarding Keeping of Backyard Chickens and Bees (D24-124). o Transmittal of the Board and Commission Minutes o Planning Commission – November 9, 2022 (D24-125). o Planning Commission – December 14, 2022 (D24-126). o Planning Commission – January 10, 2024 (D24-127). 22104 Regular Session 03/26/24 Citizen Comment. The following comments were given and/or submitted to be read during the citizen comment portion of this evening’s meeting. Amirah Ahmed (D24-128), 1301 College Avenue, shared with the Council events that have occurred in Gaza. She stated that she and other students have requested to speak with the Council members to no avail to discuss getting a ceasefire resolution. She listed cities that have passed ceasefire resolution and she asked the Council to do the same. See D24-128 for more information. Rebecca Brenkman (D24-129), 1515 Princess Anne Street, spoke of the innocent lives that were being deprived of the basic necessities and subjected to relentless human rights violations. She asked how the Council could support a ceasefire resolution in the past, but remain silent now. She said the opportunity for the Council to make a difference was in front of them. See D24-129 for more information. Aleksander Radoulov (D24-130), 1301 College Avenue, spoke about why the cease fire resolution for Palestine was more relevant for the City of Fredericksburg. He said it was the tax dollars of the City that go to funding what the state of Israel is doing to men, women and children in the Gaza Strip. Mr. Radoulov stated that the students of University of Mary Washington have been targeted and this was an opportunity for the City to show that it has the backs of Arab, Muslims, and Jewish populations. He asked the Council to adopt a ceasefire resolution. See D24-130 for more information. Alexanna Hengy (D24-131), 2412 Lafayette Boulevard, requested the Council pass a ceasefire resolution calling on Israel to stop their indiscriminate slaughter and starvation of Palestinian men, women, and children. She noted that the Council passed 22105 Regular Session 03/26/24 a similar resolution for Ukraine and she wanted to know why they would not pass one for the Palestinians. Ms. Hengy said passing this resolution reflects the City’s interests and represents those interests to the next highest level of governance. See D24-131 for more information. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Board and Commissions Updates 8B. Real Estate Tax Exemptions for Rehabilitation/Renovation (per Virginia Code) – Councilor Gerlach Board and Commission Updates. Board of Social Services – Councilor Duffy reported they have been discussing the phasing out of COVID related waivers. There has been a thirty percent increase in applications for certain benefits through Snap and Medicaid. Many of the people applying do not qualify so caseloads have not increased. He said there are 52 kids in foster care. Social Services is doing outreach and community engagement through participating in functions at the local library, when they hold events. He also noted that April is Child Abuse Prevention Month. Central Rappahannock Regional Library – Mayor Devine reported that there was a lot going on at the Library, currently they are holding the 29th Annual Jonny P. Johnson Teen Art Show. Idea Space on Princess Anne Street is a great way to learn new skills. She also reminded citizens that there is an EV charging station at the library. 22106 Regular Session 03/26/24 Community Policy Management Team – Councilor Holmes reported that the CSA funds served 82 children, compared to last year this time it served 56 children. Majority of the funsd are supporting foster care and in January it served 53 and in January 2023 it served 29. She said it also supports out of school placement and out of home placements and where there is also a big increase in need. Fredericksburg Area Museum – Councilor Gerlach passed since Dr. Sims and Mr. McKelvey presented a report. Fredericksburg Clean and Green Commission – Councilor Duffy reported that they worked on updates to the Unified Development Ordinance regarding landscape provisions. The Clean and Green also worked with the Share the Air Initiative. The Commission is working to make all parks and outdoor recreational areas smoke free, vape free and tobacco free. There will be signs posted in park facilities and playgrounds. They are working on the City becoming a Bee City, promoting pollinator gardens in the City. The Commission also took a tour of the landfill in Stafford Fredericksburg Regional Alliance – Mayor Devine reported that they had a fundraising endowment kickoff to attract, study and know what businesses need to be attracted to the area and how to make it happen. GWRC/FAMPO – Councilor Graham reported that one of the big items recently was the Memorandum of Agreement with Continuum of Care (COC). GWRC and COC are formalizing a partnership. He said they continue to bring the regional partners in on the discussions. 22107 Regular Session 03/26/24 Councilor Graham said the Smart Scale pre-applications were submitted and between GWRC and FAMPO there were five projects they began with. He said soon they will have to narrow the projects down from five to four. He said the City does not have any projects in the FAMPO bucket, but there was one in the GWRC bucket and he said they will fight to keep that project. The project is for a potential new road between Idlewild Boulevard and William Street. Councilor Graham also updated the Council on the Regional Transportation Authority. He said they have asked the General Assembly to pause on any legislation creating a Regional Transportation Authority (RTA) in Fredericksburg until they can try to figure out what the different taxation levels might look like and what percentage of the revenues the localities would keep versus what would go to the RTA. He was hopeful the subcommittee would have a recommendation to bring to FAMPO to formalize and send a letter to the House of Delegate members and State Senators across Planning District Sixteen. Councilor Mackintosh said one of the things that is on the table is the scoring criteria for projects of regional significance. He noted that the needs in the rural counties were much different than the needs in the city and that would make the scoring metric really important. Healthy Generations Area Agency on Aging – Councilor Holmes did not have much to report because she was new to the board but she was excited about the café lunches in the different areas of the City, Spotsylvania, King George and Caroline. Main Street Board – Councilor Gerlach reported that April 13 is the sidewalk sale on Caroline Street, April 16 the annual opening of the Farmer’s Market at Hurkamp 22108 Regular Session 03/26/24 Park, and May 19 is the Marine Corp Historic Half. He said they had a full day of strategic planning which was very productive. In September or October, Main Street will be moving their offices to the first floor of the Executive Plaza next to the Visitor Center. Real Estate Tax Exemptions for Rehabilitation/Renovation (per Virginia Code) – Councilor Gerlach stated that the Council has talked about redevelopment of Central Park, shopping centers on Route one and Plank Road into mixed used developments, as well as redevelopment of Creative Maker Districts and the importance of preserving the historic buildings. He said there are real estate tax exemption in the Virginia Code. There are three separate statues, tax exemptions for residential properties, commercial properties and exemptions for motels and hotels. The exemptions have to do with incentivizing the adaptive reuse of buildings, whether historic or not. Councilor Gerlach said a portion of the statues have been adopted and is used in the historic district. The City offers real estate tax exemptions for adaptive reuse of buildings in the historic district. He said the program was underutilized. He would like to have more discussions to determine how the City might use the program to incentivize the redevelopment of Central Park and dying shopping centers on Route one and Plank Road as well as Creative Maker District. Adoption of Minutes (D24-132 thru D24-133). Councilor Duffy moved approval of the May 23 and June 13, 2023 Work Session minutes and the February 27, 2024 revised, Regular Session minutes and the March 12, 2023 Public Hearing and Regular Session Minutes; motion was seconded by Councilor Holmes and passed by the 22109 Regular Session 03/26/24 following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Citizen Transportation Advisory Commission Appointment – Yolanda Hipski (D24-134). Councilor Mackintosh moved to appoint Yolanda Hipski to the Citizen Transportation Advisory Commission; 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). Resolution 24-19, First Read Approved, Amending the Fiscal Year 2024 Budget to Appropriate Funds for Surface Transportation Block Grant Funding for Project Studies Involving William Street Improvements and a Lafayette Boulevard ADA Accessible Connection to the Virginia Central Railway Trail (D24-135). After a brief presentation Councilor Graham moved to approve Resolution 24-19, on first read, amending the Fiscal Year 2024 budget to appropriate funds for Surface Transportation Block Grant Funding for project studies involving William Street improvements and a Lafayette Boulevard ADA accessible connection to the Virginia Central Railway Trail; 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 24-20, Approved, Authorizing the City Manager to Execute Virginia Department of Environmental Quality ARPA Agreements 22110 Regular Session 03/26/24 for the Fredericksburg Wastewater Treatment Plant Expansion and Upgrade Project (D24-136). Councilor Graham moved to approve Resolution 24-20, authorizing the City Manager to execute Virginia Department of Environmental Quality ARPA Agreements for the Fredericksburg Wastewater Treatment Plant expansion and upgrade project; 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 (D24-137 thru D24- 138). City Manager Baroody directed the Council’s attention to the Manager’s Update: FY2025 Budget, Celebrating Women’s History Month, Proposed Fire Station #3 Public Meeting, Annual Water Disinfection and Flushing, Fire Hydrant Flushing, Annual Community Cleanup Week, Feet First Campaign, City is Seeking Wall of Honor Nominations, Jack and Jill Mock Election Held, Historic Garden Week in Fredericksburg, Spring is Here, Traffic Safety Initiative, 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 8:33 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 22111 Regular Session 03/26/24 [This page intentionally left blank] 22112 APPROVED 06-27-23