City Council

Public Hearing 04/23/24 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 April 23, 2024 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, April 23, 2024, beginning at 7:41 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, City Attorney Kathleen Dooley, Assistant City Attorney Dori Martin, Special Projects Counsel Kelly Lackey, Planning and Building Services Director Charles Johnston, Development Administrator Marne Sherman, Finance Director Robyn Shugart, Assistant Finance Director Richard Lawrence, Budget Analyst Donna Leahy, Assistant Director of Tourism Margaret Morris and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D24-171 thru D24-176). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. 22127 Public Hearing 04/23/24 Ordinance 24-05, First Read Approved, Renewing a Non-Exclusive Franchise to Marriage, Carriage & More LLC for Horse and Carriage Tours in the City (D24-171). no speakers. Assistant Tourism Director Morris gave a brief presentation and Councilor Gerlach moved to approve Ordinance 24-05, on first read, renewing a non-exclusive franchise to Marriage, Carriage & More LLC for Horse and Carriage Tours in the City; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Motion to Suspend the Rules. In order to place Ordinance 24-05 on for second read Councilor Gerlach moved to suspend the rules; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-05, Second Read Approved, Renewing a Non- Exclusive Franchise to Marriage, Carriage & More LLC for Horse and Carriage Tours in the City (D24-171). Councilor Graham moved to approve Ordinance 24-05, on second read, renewing a non-exclusive franchise to Marriage, Carriage & More LLC for Horse and Carriage Tours in the City; motion was seconded by Vice-Mayor Frye and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). 22128 Public Hearing 04/23/24 Resolution 24-28, Authorizing the City Manager to Execute a Lease with Fredericksburg VA Main Street Inc. (D24-172 thru D24-173). No speakers. Assistant Tourism Director Morris gave a summary and Councilor Gerlach moved to approve Resolution 24-48, authorizing the City Manager to execute a lease with Fredericksburg VA Main Street Inc.; motion was seconded by Vice-Mayor Frye and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-06, First Read Approved, Setting the Real Estate Tax Rate at $0.77 per Every $100 of Assessed Value of Real Estate for Fiscal Year 2025 (D24-174 thru D24-175). No speakers. Budget Manager Leahy presented a PowerPoint presentation and Councilor Graham moved approval of Ordinance 24-06, on first read, setting the real estate tax rate at $0.77 per every $100 of assessed value of real estate for Fiscal Year 2025; motion was seconded by Vice-Mayor Frye and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). The public hearing was held open until May 14. Ordinance 24-07, First Read, Establishing a Citywide Fire District and Setting a Fire District Tax Rate of $0.01 per $100.00 of Assessed Value on Real Property (D24-176). No speakers. Councilor Duffy moved approval of Ordinance 24-07, on first read, establishing a citywide Fire District and setting a Fire District Tax rate of $0.01 per $100.00 of assessed value on real property; motion was 22129 Public Hearing 04/23/24 seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). The public hearing was held open until May 14. Adjourned. There being no speakers to come before the Council at this time, Mayor Kerry P. Devine declared the hearing officially adjourned at 7:59 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 22130 APPROVED 10-10-23 APPROVED Regular Session 04/23/24 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 April 23, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, April 23, 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, City Attorney Kathleen Dooley, Assistant City Attorney Dori Martin, Special Projects Counsel Kelly Lackey, Planning and Building Services Director Charles Johnston, Development Administrator Marne Sherman, Finance Director Robyn Shugart, Assistant Finance Director Richard Lawrence, Budget Analyst Donna Leahy, Assistant Director of Tourism Margaret Morris 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 Ewan and Liam Ownby from Boy Scout Troop 1717. 22131 Regular Session 04/23/24 Officers Recognized. Mayor Devine recognized the presence of Officer Stephen Monahan and Deputy Sean Jett at this evening’s meeting. Proclamation Recognizing FailSafe-ERA Hall of Change Day (D24- 164). Mayor Devine presented a proclamation to Executive Director Juanita Shanks in support of Second Chance Month and she proclaimed April 27, 2024 as FailSafe-ERA Hall of Change Day to honor those who dared to change and committed to remain crime- free to promote public safety. Proclamation to ArtsLIVE! and the 35th Chamber Music Festival in Fredericksburg (D24-165). Mayor Devine presented a proclamation to Board President Anne M.R. Adams, Vice-President Heather Muir and Barbara Muir proclaiming and commending The ArtsLIVE! Organization for celebrating its 35th Chamber Music Festival this May and encouraging the community to support their outstanding musical offerings, particularly at Seacobeck Hall at the University of Mary Washington. She further congratulated all those involved in the founding and sustaining of the wonderful cultural offerings represented by their outstanding musical performances over the past 35 years. Consent Agenda Accepted for Transmittal as Recommended (D24- 166 thru D24-170). Councilor Gerlach moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). 22132 Regular Session 04/23/24 o Resolution 24-23, Second Read Approved, Amending the Fiscal Year 2024 Budget to Appropriate Funds for the AMI (Advanced Metering Infrastructure) Water Meter Project (D24-166). o Resolution 24-27, Approved, Approving the 2024-2025 Community Development Block Grant Annual Action Plan (D24-167). o Transmittal of the Board and Commission Minutes o Board of Social Services – February 1, 2024 (D24-168). o Economic Development Authority – February 12, 2024 (D24-169). o Planning Commission – January 25, 2023 (D24-170). Public Hearing (D24-171 thru D24-176). 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. Michael Kamel (D24-177), 1300 College Avenue, spoke in support of Palestine and he asked the Council to pass a ceasefire resolution. See D24-177 for more information. Amirah Ahmed (D24-178), 1300 College Avenue, read a ceasefire resolution that was presented to the Council in February and she said since then nothing has been done. Ms. Ahmed has requested that the Council pass a ceasefire resolution soon. See D24-178 for more information. 22133 Regular Session 04/23/24 Stephanie Flores (D24-179), 427 Palmer Street, spoke about the many people who have been murdered in Palestine and she asked the Council to call for a ceasefire and pressure DC to stop funding the Palestinian holocaust. See D24-179 for more information. Rebecca Brenkman (D24-180), 1515 Princess Anne Street, in support of the Palestinian people she asked the Council to pass an immediate and permanent ceasefire resolution that ends all U.S. aide to fund the onslaught in Palestine. See D24-180 for more information. Alexanna Hengy (D24-181), 2412 Lafayette Boulevard, again asked the Council to pass a ceasefire resolution in response to the government’s continued complicity in Israel’s genocide of the Palestinian people. See D24-181 for more information. Mai Eltringham (D24-182), 10700 Willow Court, spoke in support of the Palestinian people and asked the Council to support by passing a cease fire resolution. See D24-182 for more information. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Partners in Aging – Councilor Holmes 8B. National Bike to School Day – Councilor Duffy 8C. Green Infrastructure – Councilor Gerlach Partners in Aging. Councilor Holmes announced that Partners in Aging was holding an Operation Medicine Cabinet where they will be collecting unwanted 22134 Regular Session 04/23/24 prescriptions on April 27 from 10:00 a.m. to 2:00 p.m. There were several locations for the drop-offs. Mayor Devine reminded citizens not to throw their medicines down the toilet. National Bike to School Day. Councilor Duffy reported that City Schools would be participating in National ride your bike to school day, May 8. He commended the students, teachers, parents and Police who have been working on this. The main focus was on James Monroe High and Hugh Mercer Elementary Schools because there is more work to be done to get kids to walk, bike or roll to Lafayette Elementary ND Walker Grant Middle School. Councilor Mackintosh said as he worked on this the inequities in infrastructure drove home when he realized that certain parts of the city could not participate because of infrastructure and he said this needed to be a priority. Green Infrastructure. Councilor Gerlach reminded everyone that on Friday from 12:00 - 1:30 p.m. George Washington Regional Commission would be hosting a Green Infrastructure Charrette at the Howells Branch Library. This event will teach how to filter and absorb rain when it falls so it does not flood streets and send pollutants into the river. It was also an opportunity for the community to learn about green infrastructure, share feedback on where green infrastructure is needed and to network and connect with green infrastructure sources. Adoption of Minutes (D24-183). Councilor Graham moved approval of the July 11, 2023 Work Session minutes, April 9, 2024 Regular Session minutes and the April 16, 2024 Public Hearing minutes; motion was seconded by Councilor Duffy and passed 22135 Regular Session 04/23/24 by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-29, Approved, Authorizing the Use of $698,263 in Motor Fuels Taxes for the Virginia Railway Express and $31,600 for the Potomac and Rappahannock Transportation Commission for Fiscal Year 2025 (D24-184). After a brief presentation, Councilor Graham moved to approve Resolution 24-29, authorizing the use of $698,263 in motor fuels taxes for the Virginia Railway Express and $31,600 for the Potomac and Rappahannock Transportation Commission for Fiscal Year 2025; motion was seconded by Councilor Holmes and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Disclosures. Vice-Mayor Frye disclosed that his wife was employed by the Fredericksburg City Public School System, but he could participate in the budget discussion fairly, objectively and in the public interest. Councilor Duffy disclosed that he was employed by the Fredericksburg City Public School System, but he could participate in the budget discussion fairly, objectively and in the public interest. Councilor Holmes disclosed that she is a member of a business, profession, occupation or group or more members affected by the transaction, namely: She provide services to students of the City Schools under a grant funded contract with 22136 Regular Session 04/23/24 Fredericksburg Public Schools but she could participate in the budget discussion fairly, objectively and in the public interest. Resolution 24-30, First Read Approved, Budgeting and Appropriating Funds for Fiscal Year (FY) 2025 Beginning July 1, 2024 through June 30, 2025 (D24-185). Budget Manager Leahy presented a PowerPoint presentation and Council had a brief discussion, Councilor Holmes moved to approve Resolution 24-30, on first Read, budgeting and appropriating funds for Fiscal Year (FY) 2025 beginning July 1, 2024 through June 30, 2025; 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 24-31, Approved, Setting the Personal Property Tax Relief Percentage for the 2024 Billing in Accordance with the Changes to the Personal Property Tax Relief Act of 1998 (D24-186). After staff summary, Councilor Graham moved to approve Resolution 24-31, setting the Personal Property Tax Relief Percentage for the 2024 Billing in accordance with the changes to the Personal Property Tax Relief Act of 1998; motion was seconded by Councilor Mackintosh and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-08, First Read Approved, Amending Water and Sewer Fees Rates and Charges (D24-187). After a brief staff summary, Councilor Graham moved to approve Ordinance 24-08, on first read, amending water and sewer fees rates 22137 Regular Session 04/23/24 and charges; motion was seconded by Councilor Duffy and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-09, First Read Approved, Increasing the Tax on Admissions to Events and Places of Amusement or Entertainment in the City (D24-188). After staff summary, Councilor Duffy moved to approve Ordinance 24-09, on first read, increasing the tax on admissions to events and places of amusement or entertainment in the City; 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). Ordinance 24-10, First Read Approved, Amending the Cigarette Tax (D24-189). After brief summary, Councilor Duffy moved to approve Ordinance 24-10, on first read, amending the cigarette tax; motion was seconded by Councilor Holmes and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-11, First Read Approved, Increasing the Courthouse Security Fee for the City of Fredericksburg (D24-190). After staff summary, Councilor Gerlach moved to approve Ordinance 24-11, on first read, increasing the courthouse security fee for the City of Fredericksburg; motion was seconded by Councilor Duffy and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). 22138 Regular Session 04/23/24 City Manager’s Report and Council Calendar (D24-191 thru D24- 192). City Manager Baroody directed the Council’s attention to the Manager’s Update: Arbor Day Celebration, FY 2025 Recommended Budget, Updated Parking Regulations Downtown, Fredericksburg Public Safety Receive Essential Training on Petroleum Pipeline, Fredericksburg Lafayette Bicentennial Events, RappArts Restoring Johnny P. Johnson Mural, The Fredericksburg City Police Department is Receiving Reports on criminals impersonating Social Services Administration Office, During National Safe Digging Month in April Call 811 before Digging, Did You know – Pill being laced with fentanyl, Operation Medicine Cabinet, Happy Spring, 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 9:00 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 22139 Regular Session 04/23/24 [This page intentionally left blank] 22140