City Council

Regular Session 05/28/24 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 28, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, May 28, 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, City Attorney Kelly J. Lackey, Finance Director Robyn Shugart, Budget Analyst Donna Leahy, Parks Recreation and Events Director Todd Brown, Clerk of Circuit Court Jeff Small 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. Officers Recognized. Mayor Devine recognized the presence of Officer Stephen Monahan and Officer Gregory Baugher at this evening’s meeting. Appointment of City Attorney (D24-220). Vice-Mayor Frye moved to appoint Kelly Lackey as the City Attorney and approval of her contract immediately; 22157 Regular Session 05/28/24 motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). After Ms. Lackey was appointed, Circuit Court Clerk Small performed the oath of office. Consent Agenda Accepted for Transmittal as Recommended (D24- 221 thru D24-223). Councilor Mackintosh removed Item 5B from the consent agenda. Councilor Graham moved approval of the City Manager’s consent agenda minus Item 5B; 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 Resolution 24-34, Second 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 (D24-221). o Transmittal of the Board and Commission Minutes o Planning Commission – September 13, 2023 (D24-223). Resolution 24-39, Fredericksburg Becoming a Bee City (D24-222). Councilor Mackintosh recognized there were several activist and volunteer at the meeting who were responsible for getting the resolution to this point. 22158 Regular Session 05/28/24 Marian Landfear and Karen Beale, members of the Rappahannock Valley Garden Club in support of Fredericksburg becoming a Bee City. She said the City will be the 16th Bee City in Virginia. She said they will be supporting the 477 native pollinators in Virginia. There are 115 species of sweat bees and they are in demise. In the Commonwealth they are pledging to increase native pollinator gardens in the City and to work with Parks and Recreation to think about pest management plans together and educate people on why they want to do these things. Councilor Mackintosh moved to approved Resolution 24-37, Fredericksburg Becoming a Bee City; motion was seconded by Councilor Duffy 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). Citizen Comment. The following comments were given and/or submitted to be read during the citizen comment portion of this evening’s meeting. Holly Clark, 1504 Winchester Street, thanked the Council for the work they have done to support bicyclist in the City. She spoke about the bike to school day and how successful it was. She said biking to school has really helped her son, but he is going to be attending Walker-Grant and more needs to be done so that kids who attend there can bike to school. She said roads that people feel comfortable biking on or walking on are economically productive places. She was happy to hear that a study was going on in the downtown regarding pedestrian safety. She thanked the Council for making things more safe. 22159 Regular Session 05/28/24 Jessica Kujala, 1508 Winchester Street, she said they had an amazing bike to school day on May 8, there were 52 kids and 25 for James Monroe High School. She said FXBGO donated bike lights, Trek donated T-shirts, JM students made stickers, members of the Rotary Club lead kids to and from school. They also had support from the Pathways Committee, Police Department and Parks and Recreation. She said biking and safe pathways was something the community deserves. She thanked the Council for always supporting the kids. Rebecca Brenkman, 1515 Princess Anne Street, read a poem by a former city resident who is Palestinian, she again asked the Council to pass a cease fire resolution. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Residential Electric Vehicle Charging – Councilor Mackintosh Residential Electric Vehicle Charging – Councilor Mackintosh said electric vehicle (EV) sales were growing and EV’s are most practical when they can be charged at home. He said it was important for the city to pursue policies that allow everyone to have the opportunity to modernize and update their transportation fleet. He said this is a challenge for people who don’t have driveways and those who live downtown and in multifamily residential. He asked staff to explore three ways to address this: proposed policy to put charge cords across sidewalks with appropriate ADA compliant cord covers, he also asked staff to come up with a more permanent plan for level 2 charging for those who don’t have driveways and he would like ideas on zoning and permitting that 22160 Regular Session 05/28/24 would incentivize larger landlords to install charging infrastructure. There was no objection from the Council to have the staff look into this. Adoption of Minutes (D24-224 thru D24-226). Councilor Graham moved approval of the October 10, October 24, and November 14, 2023 Work Session minutes and the May 14, 2024 Public Hearing and Regular Session minutes; 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). Appointment to the Board of Social Services – Dr. Kisha Frye (D24- 227). Councilor Graham moved to reappoint Dr. Kisha Frye to the Board of Social Services; motion was seconded by Holmes and passed by the following recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Abstain (1). Councilor Frye. Appointment to Citizen Transportation Advisory Committee Casandra Jagroop (D24-228). Councilor Duffy moved to appoint Ms. Cassandra Jagroop to the Citizen Transportation Advisory Committee; 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). Appointment to the Architectural Review Board – Matthew J. Kelly and Andrea Smith (D24-229). Councilor Duffy moved to appoint Ms. Andrea Smith to the Architectural Review Board; motion was seconded by Councilor Holmes and 22161 Regular Session 05/28/24 passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-08, Second Read Approved, Amending Water and Sewer Fees Rates and Charges (D24-230). After a brief presentation, Councilor Graham moved to approve Ordinance 24-08, on second read, amending water and sewer fees rates and charges; motion was seconded by Vice-Mayor Frye and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-09, Second Read Approved, Increasing the Tax on Admissions to Events and Places of Amusement or Entertainment in the City (D24-231). After staff presentation, Councilor Graham moved to approve Ordinance 24-09, on second read, increasing the tax on admissions to events and places of amusement or entertainment in the City; motion was seconded by Vice-Mayor Frye and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-10, Second Read Approved, Amending the Cigarette Tax (D24-232). After staff summary, Councilor Gerlach moved to approve Ordinance 24-10, on second read, amending the cigarette tax; 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). 22162 Regular Session 05/28/24 Ordinance 24-11, Second Read Approved, Increasing the Courthouse Security Fee for the City of Fredericksburg (D24-233). After staff summary, Councilor Gerlach moved to approve Ordinance 24-11, on second 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). Ordinance 24-07, Second Read Approved, Establishing a Citywide Fire District and Setting a Fire District Tax Rate of $0.01 per $100.00 of Assessed Value on Real Property (D24-234). After staff summary, Councilor Gerlach moved to approve Ordinance 24-07, on second 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 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 24-14, First Read Approved, Setting the Real Estate Tax Rate at $0.76 per Every $100 of Assessed Value of Real Estate for Fiscal Year 2025 (D24-235). After staff summary, Councilor Gerlach moved to approve Ordinance 24-14, on first read, setting the real estate tax rate at $0.76 per every $100 of assessed value of real estate for Fiscal Year 2025; motion was seconded by Councilor 22163 Regular Session 05/28/24 Mackintosh and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Suspend the Rules. In order to place Ordinance 24-14 on the agenda for second read Councilor Mackintosh moved to suspend the rules; 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). Ordinance 24-14, Second Read Approved, Setting the Real Estate Tax Rate at $0.76 per Every $100 of Assessed Value of Real Estate for Fiscal Year 2025 (D24-235). Councilor Mackintosh moved to approve Ordinance 24- 14, on second read, setting the real estate tax rate at $0.76 per every $100 of assessed value of real estate for Fiscal Year 2025; 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). 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 22164 Regular Session 05/28/24 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. Resolution 24-38, First Read Approved, Budgeting and Appropriating Funds for Fiscal Year (FY) 2025 Beginning July 1, 2024 through June 30, 2025 ($0.76 Real Estate Tax Rate) (D24-236). After staff review, Councilor Graham moved to approve Resolution 24-38, on first read, budgeting and appropriating funds for Fiscal Year (FY) 2025 beginning July 1, 2024 through June 30, 2025 ($0.76 Real Estate Tax Rate); 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). Suspend the Rules. In order to place Resolution 24-38 on the agenda for second read Councilor Graham moved to suspend the rules; 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 24-38, Second Read Approved, Budgeting and Appropriating Funds for Fiscal Year (FY) 2025 Beginning July 1, 2024 through June 30, 2025 ($0.76 Real Estate Tax Rate) (D24-236). Councilor Graham moved to approve Resolution 24-38, on second read, budgeting and appropriating funds for Fiscal Year (FY) 2025 beginning July 1, 2024 through June 30, 2025 ($0.76 Real Estate Tax Rate); motion was seconded by Councilor Gerlach and 22165 Regular Session 05/28/24 passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-39, Approved, Adopting the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan (D24-237). After staff summary, Councilor Mackintosh moved to approve Resolution 24-39, adopting the Fiscal Year 2025 – Fiscal Year 2029 Capital Improvement Plan; motion was seconded by Vice-Mayor Frye and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Disclosure. Councilor Mackintosh disclosed that he was a landlord who is subject to the tax and he elected to disqualify himself from voting on this proposed increase in the exemption for business gross receipts and he would not participate in the discussion or the vote. Ordinance 24-15, First Read Approved, Conforming the Landlord License Tax Structure to State Code Requirements by Increasing the Amount of Gross Receipts Exempt from Taxation (D24-238). After staff review, Councilor Duffy moved to approve Ordinance 24-15, on first read, conforming the Landlord License Tax Structure to State Code requirements by increasing the amount of gross receipts exempt from taxation; motion was seconded by Councilor Gerlach and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Abstain (1). Mackintosh. 22166 Regular Session 05/28/24 Suspend the Rules. In order to place Ordinance 24-15 on the agenda for second read Councilor Gerlach moved to suspend the rules; motion was seconded by Councilor Graham and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Abstain (1). Mackintosh. Ordinance 24-15, Second Read Approved, Conforming the Landlord License Tax Structure to State Code Requirements by Increasing the Amount of Gross Receipts Exempt from Taxation (D24-238). After staff review, Councilor Gerlach moved to approve Ordinance 24-15, on second read, conforming the Landlord License Tax Structure to State Code requirements by increasing the amount of gross receipts exempt from taxation; motion was seconded by Councilor Duffy and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Abstain (1). Mackintosh. City Manager’s Report and Council Calendar (D24-239 thru D24- 240). City Manager Baroody directed the Council’s attention to the Manager’s Update: The City’s General Property Re-Assessment is Moving Forward, Second and Final Reading on the FY 2025 Recommended Budget, Mail-In Absentee Ballots Have Been Sent Out for June 18 Primary Election, Executive Plaza Front Entrance to Close for Construction, Fredericksburg VRE Station, AED Units, The Marine Corps Historic Half Marathon, Yearlong Bicentennial Celebration of Lafayette’s Visit to Fredericksburg, May 22167 Regular Session 05/28/24 is National Military Appreciation Month, A Regional Law Enforcement Career Fair, Join Our Team Today, United Way Benefit Golf Tournament, 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 8:24 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council APPROVED 01-09-24 22168