City Council

Public Hearing 05/14/24 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 May 14, 2024 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, May 14, 2024, beginning at 8:02 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine. Council members Dr. Timothy P. Duffy, Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. City Council Absent. Vice-Mayor Charlie L. Frye, Jr., sick. 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, Finance Director Robyn Shugart, Budget Analyst Donna Leahy, Assistant Director of Tourism Margaret Morris, Parks Recreation and Events Director Todd Brown, Assistant Director of Tourism MC Morris, Tourism Stadium and Sales Manager Victoria Matthews, Fire chief Mike Jones, Human Resources Director Lesley Moore, Senior Development Administrator Marne Sherman, Stormwater Manager Brian Cooke, Deputy Clerk of Council Brenda T. Martin and Clerk of Council Tonya B. Lacey. 22141 Public Hearing 05/14/24 Notice of Public Hearings (D24-204 thru D24-208). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 24-06, Setting the Real Estate Tax Rate at $0.77 per Every $100 of Assessed Value of Real Estate for Fiscal Year 2025 (Public Hearing only-no action) (D24-204). Ordinance 24-07, Establishing a Citywide Fire District and Setting a Fire District Tax Rate of $0.01 per $100.00 of Assessed Value on Real Property (Public Hearing only-no action) (D24-205 thru D24-206). 5 speakers. Budget Manager Leahy gave a brief presentation and she discussed the Real Estate Tax Rate effective July 1, 2024, Fire Tax and the budget calendar. Joe Wilson, 913 Caroline Street, spoke about the increase in assessment on properties. He said he had 20 assessments and most had double digit increases. He said his property at 405 Amelia had increased by 41 percent, 915 Caroline had increased 54 percent, and 917 Caroline increased 32 percent. He said these increases would be passed on to his tenants. Tom Shank, 1316 Preserve Lane, stated that his land value had increased 75 percent and his house went up 38 percent and he thought this was extreme. This increase would cost him an additional $131 per month or $4,916 annually for property taxes. 22142 Public Hearing 05/14/24 Sharon Fox, 1048 Hotchkiss Place, stated that she was a senior citizen and her assessment went up $100,000. She said there are many living in the City who are retired or are senior citizens and this will bring a burden to them. Raygan Decarlo, 22401, said they are a low income family and the assessment increased over 20 percent. He wanted to know if the increase was due to the new middle school being built or the new elementary school that would be opening. Robert King, 124 Ridgeway Street, stated that his assessment went up 40 percent he said he could afford it today, but he plans to retire and he will not be able to afford it. He said he has a small house on a small piece of land much smaller than his neighbors and he was paying more than them. He asked the Council to check the system because something was wrong. Ms. Leahy reviewed the appeals process so that the public would understand how to appeal any decisions on their assessments. Mayor Devine reminded everyone of the tax relief for the elderly and disabled. Councilor Gerlach strongly stated that the City needed to find other sources of revenue besides the real estate taxes. He said it was disturbing to see taxes increase the way they are. Land values are increasing everywhere and his concern is that it will cause gentrification. Councilor Gerlach said he would also like to reevaluate the tax relief program because seniors should not be penalized because they have saved and have over $300,000. He would like to see what could be done to expand the program. Ms. Leahy stated that staff had new proposed adjustment to the revenue and expenditures in general fund Fiscal Year 2025 after receiving new information from the 22143 Public Hearing 05/14/24 2024 personal property book at the end of April. The estimated personal property revenue had increased and there were decreases in the business license and in the projected health care costs. With these changes staff estimates an additional $427,000 in available funds in the general fund. Given this new information Ms. Leahy asked the Council how they would like to proceed. Councilor Duffy said he would like to see if they could reduce real estate tax. Ms. Leahy said in order to get to the penny of $585,000 they could use $158,000 from contingency. The current contingency in FY25 budget is $798,705 and using the $158,000 would leave $640,705. Mayor Devine noted that the Council had discussed options during the work session and they were reducing the tax rate by $.01, looking to see if there were any Capital Improvement Plan projects that needed to be moved forward, making sure the schools were funded to operate next year and the need to maintain and attract staff. Mayor Devine said the Council would need time to consider and be ready to make the decision in the next two weeks. Councilor Graham said this is not a decision they take lightly and this is one of the biggest decisions made and he wanted clarification on how best to proceed in order for staff to proceed for the next agenda. Mr. Whitley explained that staff could prepare a couple budget resolutions at the May 28 meeting and stated there may be some amending from the floor. Councilor Graham said he believes that if they were presented with the options of $.77 tax rate and the $.76 tax rate that the Council would be amendable. 22144 Public Hearing 05/14/24 Resolution 24-35, Adopting 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 (D24-207 thru D24- 208). Ordinance 24-12, First Read, Amending Unified Development Ordinance Table 72-40.2, Use Table, to Permit Fire and EMS Stations in the Residential R-2 Zoning District with a Special Use Permit (D24-207 thru D24-208). Senior Development Administrator Sherman presented a PowerPoint presentation and she discussed the: Issue, Proposed Location, the Need, Response Time Maps, Response Distance Maps, Comprehensive Plan Amendments, Update Neighborhood Center Map – Small Area Plan 2, Update Environmental and Open Space Map – Small Area Plan 2, UDO Amendment and Recommendation. (See Document D24- 207 thru D24-208 for more information.) Councilor Gerlach asked if the community garden would remain open through construction and Mr. Baroody said it was their plan to leave the garden undisturbed and it remain open. Councilor Mackintosh asked what impact on the park facilities would there be. Mr. Baroody explained that they were working to move the facility to the middle of the park and the left and right sides of the park would remain the same. The intent is to only relocate the ball fields, the basketball court and the playground would stay. 22145 Public Hearing 05/14/24 Closing Public Hearing. Mayor Devine realized she had not closed the public hearing for items 6A & 6B and she closed them at this time. Raygan Decarlo, 22401, asked for clarification of the location of the newly proposed fire station. Councilor Gerlach moved to approve Resolution 24-35, adopting 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 Holmes and passed by the following recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Councilor Graham moved to approve Ordinance 24-12, on first read, amending Unified Development Ordinance table 72-40.2, Use Table, to Permit Fire and EMS Stations in the Residential R-2 Zoning District with a Special Use Permit; motion was seconded by Councilor Mackintosh and passed by the following recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0) Adjourned. There being no speakers to come before the Council at this time, Mayor Kerry P. Devine declared the hearing officially adjourned at 8:36 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 22146 Regular Session 05/14/24 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 May 14, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, May 14, 2024, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine. Council members Dr. Timothy P. Duffy, Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. City Council Absent. Vice-Mayor Charlie L. Frye, Jr., sick. 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, Finance Director Robyn Shugart, Budget Analyst Donna Leahy, Assistant Director of Tourism Margaret Morris, Parks Recreation and Events Director Todd Brown, Assistant Director of Tourism MC Morris, Tourism Stadium and Sales Manager Victoria Matthews, Fire chief Mike Jones, Human Resources Director Lesley Moore, Senior Development Administrator Marne Sherman, Stormwater Manager Brian Cooke, Deputy Clerk of Council Brenda T. Martin and Clerk of Council Tonya B. Lacey. 22147 Regular Session 05/14/24 Pledge of Allegiance. The Pledge of Allegiance led by Councilor Jason Graham. Officers Recognized. Mayor Devine recognized the presence of Officer Stephen Monahan and Officer Chris Florio at this evening’s meeting. Proclamation United States Marine Corp Historic Half Marathon (D24-193). Mayor Devine presented a Proclamation to Director Alex Hetherington and Assistant Director Angela Anderson. She proclaimed Sunday, May 19, 2024, as Marine Corps Historic Half Day and she encouraged citizens of the community to open their arms with support, cheer on the runners and display warm hospitality and she further urged citizens to embrace the mission of the Marine Corps Marathon Organization by leading an active and healthy lifestyle, to generate community spirit and honor the men and women of the United States Marine Corps. Director Hetherington said the Marine Corps honors the 17-year partnership that has been created with the City. The theme is A Bond that Spans Generations: Women who Serve Our Nation and Communities. They are celebrating the inspirational women who chose to serve their nation in the military and communities as first responders. Proclamation Emergency Medical Services Week May 19-25, 2024 (D24-194). Mayor Devine presented a Proclamation to Fire Chief Jones and Fredericksburg Rescue Squad Chief Kurt Gardner. She proclaimed the week of May 19- 25, 2024 as Emergency Medical Services week and she encouraged the community to observe the week with appropriate programs, ceremonies and activities. 22148 Regular Session 05/14/24 Chief Jones thanked all the employees for all they do each and every day. Proclamation for City Attorney Kathleen Dooley’s 20 years of Service. Mayor Devine along with former Mayor Mary Katherine Greenlaw and Mayor Thomas Tomzak presented a proclamation to City Attorney Dooley recognizing her for her 20 years of service and accomplishments. Mayor and the City Council also presented her with a city watch, flowers, gift certificate and a brick to be placed at the Library in her honor. Mayor Tomzak thanked Ms. Dooley for such a good job. Mayor Greenlaw stated that Ms. Dooley’s concise reasonable assessment of issues facing the City enabled the Council to make wise decisions and said it was a privilege and an honor to work with her. City Attorney Dooley thanked everyone for the thoughtful gifts and said the city was a great place to live and work. She spoke of how grateful she was to have worked for the City and for the Mayors, City Managers and Clerks. She said the City Staff was great and they all know their jobs from top to bottom. She thanked the Council for all their support. She thanked everyone who has and does worked for her. She thanked her wife for her constant support and understanding. Consent Agenda Accepted for Transmittal as Recommended (D24- 195 thru D24-203). Councilor Mackintosh took a moment to thank all the partners who moved the Bee City Initiative forward: Rappahannock Valley Club, Downtown 22149 Regular Session 05/14/24 Greens, Bragg Hill Community Garden, Clean and Green Commission, Parks and Recreation Commission and Department of Parks and Recreation. Councilor Gerlach moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Holmes and passed by the following recorded votes. Ayes (7). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). o Transmittal of Bee City Resolution (D24-195). o Transmittal of FXBGO 2024 1st Quarter Ridership Report (D24-196). o Resolution 24-34, First Read, Amending the Fiscal Year 2024 Budget for a Rappahannock Criminal Justice Academy Department of Criminal Justice Services Edward Byrne Memorial Justice Assistance Grant for Training and Academy Equipment (D24-197). o Transmittal of the Board and Commission Minutes o Fredericksburg Arts Commission – February 21, 2024 (D24-198). o Fredericksburg Arts Commission – March 20, 2024 (D24-199). o Memorials Advisory Commission – November 9, 2023 (D24-200). o Planning Commission – February 8, 2023 (D24-201). o Planning Commission – February 11, 2023 (D24-202). o Planning Commission – February 22, 2023 (D24-203). Public Hearing (D24-204 thru D24-208). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. 22150 Regular Session 05/14/24 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 (D24-209), 1300 College Avenue, began with a moment of silence for the 5,000+ Palestinians who have been murdered in the past three weeks. She spoke of how she was arrested for peacefully protesting on the campus where she lives. She asked the Council to pass a ceasefire resolution. Rebecca Brenkman, 1515 Princess Anne Street, asked the Council to be empathetic. She said there was livestream genocide going on and our tax dollars were paying for it. She asked the Council not to turn away from this. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Mental Health Awareness Month – Councilor Holmes Mental Health Awareness – Councilor Holmes reminded everyone that May was Mental Health Awareness Month and that mental health was a big issue in society, especially for the youth. She said 1 in 6 adolescents report experiencing a mental health condition each year and only half of them receive treatment and 1 in 5 adults experience mental health illness and only half of them receive treatment. She wanted people to pay attention to each other. She informed people if anyone was experiencing a mental health crisis they could text 988, the suicide help line. Adoption of Minutes (D24-210 thru D24-213). Councilor Graham moved approval of the August 8, August 22, September 12, and September 26, 2023 Work 22151 Regular Session 05/14/24 Session minutes and the April 23, 2024 Public Hearing and Regular Session minutes as amended; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Council Appointments to Fredericksburg Area Metropolitan Planning Organization and George Washington Regional Commission (D24-214). Councilor Graham had to step down from the FAMPO Board and move as an alternate on the GWRC Board and Councilor Gerlach and Holmes offered to fill those roles. Councilor Graham moved to appoint Councilor Gerlach to the FAMPO Board and Councilor Holmes as the representative and Councilor Graham as the alternate to the GWRC Board; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-31, Second Read, Budgeting and Appropriating City of Fredericksburg Public School Funds for Fiscal Year (FY) 2025 Beginning July 1, 2024 through June 30, 2025 (D24-215). Disclosures. 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 22152 Regular Session 05/14/24 services to students of the City Schools under a grant funded contract with Fredericksburg Public Schools but she could participate in the budget discussion fairly, objectively and in the public interest. After a brief presentation, Councilor Graham moved to approve Resolution 24- 31, on second read, budgeting and appropriating City of Fredericksburg Public School funds for Fiscal Year (FY) 2025 beginning July 1, 2024 through June 30, 2025; motion was seconded by Councilor Holmes and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-13, First Read, Amending Fredericksburg City Code, Chapters 38, Article IV (Virginia Erosion and Stormwater Management Program), §§ 38-401—38-422; and Chapter 78, Article V (Erosion and Sediment Control), §§78-1308—78-1319 to Conform to Consolidation of Erosion and Sediment Control and Stormwater Provisions Consistent with the Code of Virginia and Implementing Regulations (D24-216 thru D24- 217). After staff presentation, Councilor Graham moved to approve Ordinance 24-13, on first read, amending Fredericksburg City Code, Chapters 38, Article IV (Virginia Erosion and Stormwater Management Program), §§ 38-401—38-422; and Chapter 78, Article V (Erosion and Sediment Control), §§78-1308—78-1319 to Conform to Consolidation of Erosion and Sediment Control and Stormwater Provisions Consistent with the Code of Virginia and implementing regulations; motion was seconded by 22153 Regular Session 05/14/24 Councilor Duffy and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-36, Initiating Amendments to the Unified Development Ordinance to Consolidate and Modernize Erosion and Sediment Control and Stormwater Provisions Consistent with State Law and Regulations (D24-216 thru D24-217). After staff summary, Councilor Graham moved to approve Resolution 24-36, initiating amendments to the Unified Development Ordinance to consolidate and modernize erosion and sediment control and stormwater provisions consistent with State Law and regulations; motion was seconded by Councilor Mackintosh and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). City Manager’s Report and Council Calendar (D24-218 thru D24- 219). City Manager Baroody directed the Council’s attention to the Manager’s Update: The Marine Corps Historic Half, The City’s General Property Re-Assessment is Moving Forward, Executive Plaza Front Entrance to Close for Construction, Ballots by Mail are on the way for June 18 Primary Election, City Council Approves FXBG Main Street Lease, Congresswoman Abigail Spanberger Holds a Press Conference, Yearlong Bicentennial Celebration of Lafayette’s Visit to Fredericksburg, May is National Military Appreciation Month, Congratulations to Sheriff Scott, May is Mental Health Awareness Month, Concerts by Canoe, Catfish Nights at Motts, Ready to Make a Difference in Your 22154 Regular Session 05/14/24 Community?, Parks, Recreation and Events Summer Catalog is Now Available, Fred Focus. Adjournment. There being no further business to come before the Council at this time, Mayor Devine declared the meeting officially adjourned at 9:09 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council APPROVED 01-09-24 22155 Regular Session 05/14/24 [This page intentionally left blank] 22156