City Council

Regular Session 07/09/24 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 July 9, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, July 9, 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, Jannan W. Holmes and Dr. Will B. Mackintosh. City Council Absent. Jason N. Graham, family emergency. Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager David Brown, City Attorney Kelly J. Lackey, Police Chief Brian Layton, Captain Rashawn Cowles, Captain Crystal Hill, Fire Chief Mike Jones, Deputy Chief Victor Podbielski, Interim Economic Development Director Margaret Morris, Finance Director Robyn Shugart, 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 followed by the Pledge of Allegiance led by Councilor Will B. Mackintosh. 22211 Regular Session 07/09/24 Officer Recognized. Mayor Devine recognized the presence of Lieutenant Jason Dring at this evening’s meeting. Proclamation for Retiring Police Lieutenant Scott Worley (D24-295). Mayor Devine presented a proclamation to Scott Worley on behalf of the City Council and the citizens of Fredericksburg, thanking him for his selfless and dedicated contributions to the city and she extended to him best wishes for continued success and happiness with future endeavors and she congratulated him on his retirement. Chief Layton stated that Mr. Worley was one of the hardest working people. He said he was involved in everything and he was fully engaged. He said he earned this retirement and he wished him well. Proclamation for Fredericksburg Arts Commission Chair Kenneth Lecky (D24-296). Mayor Devine presented a proclamation to commend Kenneth J. Lecky, for his outstanding service to the citizens of Fredericksburg as a member of the Fredericksburg Arts Commission, and esteemed Chairman, thereof. She further expressed the gratitude of the community, for the sacrifice of untold hours of time, working to elevate Fredericksburg through his leadership and love for his City, its art and its artists. Mayor Devine spoke of how it was an honor and privilege to work with Mr. Lecky and to see the impact the commission has made on the City with its public art and events and she thanked him. 22212 Regular Session 07/09/24 Councilor Holmes stated how impressed she was when she joined the Arts Commission. She had no idea of all the work the Commission and sub committees do and all that it takes to be the chair of the commission. Mr. Lecky thanked Mayor Devine and Councilor Holmes for serving. He also thanked everyone who serves on the Commission and he was excited to see where it goes. Consent Agenda Accepted for Transmittal as Recommended (D24- 297 thru D24-303). Mayor Devine pulled Item 5D for further discussion. Councilor Duffy moved approval of the City Manager’s consent agenda with the exception of Item 5D; motion was seconded by Councilor Mackintosh and passed by the following recorded votes. Ayes (6). Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0). o Resolution 24-50, Approving the City’s Participation in the Proposed Settlement of Opioid-Related Claims Against Kroger and its Related Corporate Entities, and Directing the City Attorney and/or the City’s Outside Counsel to Execute the Documents Necessary to Effectuate the City’s Participation in the Settlement (D24-297). o Transmittal of Resolution Approving Financial Policies for the City of Fredericksburg (D24-298). o Ordinance 24-17, Second Read, Amending City Code Chapter 72, “Unified Development Ordinance,” to Update Landscaping Standards and Clarify Related Development Procedures and Definitions (D24-299). 22213 Regular Session 07/09/24 o Ordinance 24- 18, Second Read Approved, Amending City Code Chapter 72, “Unified Development Ordinance,” Section 72-27, “Performance Guarantees” (D24-299). o Transmittal of the Board and Commission Minutes o Parking Advisory Committee – March 11, 2024 (D24-301). o Pathways Committee Meeting – April 29, 2024 (D24-302). o Pathways Committee Meeting – May 20, 2024 (D24-303). Acceptance of the Wall of Honor Nominees (D24-300). Mayor Devine wanted to publically acknowledge Debby Klein and Johnny P. Johnson. She said they were two major forces being added to the wall. She also reminded citizens of the unveiling of the Johnny P. Johnson mural on Saturday at 10 am. Councilor Holmes made a motion to accept the wall of honor nominees; motion was seconded by Vice-Mayor Frye and passed by the following recorded votes. Ayes (6). Councilors Devine, Frye, Duffy, Gerlach, 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. Brent Hunsinger (D24-304), Friends of the Rappahannock, spoke in regards to the tree canopy in the City. He said the City was a model of how to be good stewards of the urban tree canopy. In 2012, the City agreed to raise the canopy cover from 44% to 49% over ten years. In 2018, a canopy study showed a decline to 40.2%. He said another study would be done this year and he fears it will show another decline due to new development and removal of large trees in back yards, large storms and other 22214 Regular Session 07/09/24 factors. Mr. Hunsinger said efforts had been made to stem the loss by planting thousands of trees and maintenance of existing mature trees but planting new trees was not a substitute for the maintenance of existing mature tree canopies. He asked the Council to look at tree canopy’s as critical infrastructure. He said FOR was looking forward to working with the City on is critical infrastructure and he was looking forward to working with the Council on legislative tools to be utilized to protect existing canopy and replacement during the development process if adopted by the General Assembly and signed by the Governor. Rebecca Brenkman (D24-305), 1515 Princess Anne Street, spoke in support of a ceasefire resolution. She spoke of how this could be a momentous action in the city's history: how we upheld being a conscientious community, and by wanting to stand on the right side of history. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Appointment of Council Member to the Elementary School Naming Committee of the Fredericksburg City Public Schools – Mayor Devine 8B. Sustainability Update – Mayor Devine 8C. Potential Data Center – Mayor Devine Appointment of Council Member to the Elementary School Naming Committee of the Fredericksburg City Public Schools. Councilor Duffy made a motion to appoint Councilor Mackintosh to the Elementary School Naming Committee; motion was seconded by Councilor Holmes and passed by the following unanimously 22215 Regular Session 07/09/24 recorded votes. (6). Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0). Sustainability Update. Mayor Devine called on Assistant City Manager Brown for an update. Mr. Brown reported that the LED light fixture conversion project had been complete in the Police Department, Bass-Ellison Building, Library, Dixon Park, Dorothy Hart Community Center and City Shop. The City was also working on the installation of solar panels and it was still under review. The contractor is developing cost estimates and the Bass-Ellison Building requires structural support. The City is working with Siemens HVAC contractor and the purpose of the contract is to evaluate electricity usage within different buildings. Siemen’s evaluate and make determinations on where adjustment can be made or make adjustments in operations and they relay this information to the City to put into place for operations. The City’s fleet has been looked at and a study was done by an outside consultant to look at what vehicles are eligible to convert to electrical or hybrid. This has resulted in several police vehicles being converted to hybrid vehicles. The challenge is that many manufacturers have cut back on producing hybrid vehicles, but staff will continue to look for opportunities. Mr. Brown reported on solar energy generating projects. He said the City and Stafford County have released a joint Request for Proposal (RFP) for the purpose of partnering on the use of closed landfills, related to placing solar panels for generating solar power. 22216 Regular Session 07/09/24 The Mayfield pilot project is a project where they are evaluating existing street lights for conversion to LED lights. The plans being developed will include a cost estimate, projected savings, estimated payback period to upgrade the 95 lights that will be identified. Mr. Brown said staff was finalizing the proposed plan and would be presenting a finalized recommendation in the first part of August. The Environmental Sustainability Program Coordinator Position has been a hard position to fill. He said they have advertised the position and was interviewing the applicants. Vice-Mayor Frye explained that since the trees have gotten so large in Mayfield the lights are dim and he asked if the lights could be lowered on the poles. Mr. Brown said they could look at pruning the trees to get the lights to shine. Councilor Mackintosh asked Mr. Brown if he could tell him more about EV stations. Mr. Brown said they have been working with outside agencies for creating supplemental stations and they have not come back to the City. They were also looking at creating a means to allow home residents to take leads out from the house to the curbside. This is still in process. Potential Data Centers. Mayor Devine stated that data centers were all around the City. She noted that Stafford, Spotsylvania, Caroline and King George all have data centers coming. She said billions of dollars would be invested in our regions and that would mean millions of dollars flowing into those communities which could significantly impact and lower their tax rates. 22217 Regular Session 07/09/24 One of the issues of concern have been water usage and she noted that Stafford was using a water recirculation process. She said this lowers the concern of water usage. She added that each development gets better and the noise concerns are almost nonexistent. Mayor Devine asked staff to explore Celebrate Virginia South as a potential location for a data center. She said with further study from staff this could potentially lower the tax burden over time. She noted the many needs of the City and this could potentially meet many of the needs in the City. She asked if the Council was in support. The Council was in support of staff looking into Celebrate Virginia South as a potential location. Adoption of Minutes. There were no minutes submitted for approval. Fredericksburg Arts Commission – Julia DeLancey, Jesse Dominguez, Matthew Drake, Julie Ellis, Khalia Harris, Alexa McNeil, Nathan Naidu (D24-306). After the recorded vote was taken, Alexa McNeil, Julia DeLancey and Matthew Drake were appointed to serve on the Fredericksburg Arts Commission with a vote resulting between applicants Julia DeLancey, Jesse Dominguez, Matthew Drake, Julie Ellis, Khalia Harris, Alexa McNeil and Nathan Naidu. DeLancey (5) Devine, Frye, Gerlach, Holmes, Mackintosh; Dominguez (0); Drake (6) Devine, Frye, Duffy, Gerlach, Holmes, Mackintosh; Ellis (0); Harris (0); McNeil (6) Devine, Frye, Duffy, Gerlach, Holmes, Mackintosh; Naidu (0). 22218 Regular Session 07/09/24 Resolution 24-51, Approved, Member Revision to the City Towing and Recovery Board (D24-307). Councilor Gerlach moved to approve Resolution 24-51 revising the City Towing and Recovery Board membership; motion was seconded by Councilor Mackintosh and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0). Resolution 24-52, First Read Approved, Amending the Fiscal Year 2025 Budget to Carryover Fiscal Year 2024 Capital Funds Related to the Annual Asphalt Rehabilitation Program (D24-308). After a brief presentation, Councilor Gerlach moved to approve Resolution 24-52, on first read, amending the Fiscal Year 2025 budget to carryover Fiscal Year 2024 Capital Funds related to the annual Asphalt Rehabilitation Program; motion was seconded by Vice-Mayor Frye and passed by the following unanimously recorded votes. (6). Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0). Motion to Suspend the Rules. In order to place Resolution 24-52 on for second read Councilor Gerlach moved to suspend the rules; motion was seconded by Vice-Mayor Frye and passed by the following unanimously recorded votes. (6). Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0). Resolution 24-52, Second Read Approved, Amending the Fiscal Year 2025 Budget to Carryover Fiscal Year 2024 Capital Funds Related to the Annual Asphalt Rehabilitation Program (D24-308). Councilor Gerlach moved to approve Resolution 24-52, on second read, amending the Fiscal Year 2025 budget to 22219 Regular Session 07/09/24 carryover Fiscal Year 2024 Capital Funds related to the annual Asphalt Rehabilitation Program; motion was seconded by Vice-Mayor Frye and passed by the following unanimously recorded votes. (6). Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0). Resolution 24-53, First Read Approved, Amending the Fiscal Year 2025 Budget to Recognize and Appropriate Grants for the Fredericksburg Police Department (D24-309). After a presentation, Councilor Duffy moved to approve Resolution 24-53, on first read, amending the Fiscal Year 2025 budget to recognize and appropriate grants for the Fredericksburg Police Department; 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). Motion to Suspend the Rules. In order to place Resolution 24-53 on for second read Councilor Mackintosh moved to suspend the rules; motion was seconded by Councilor Duffy and passed by the following unanimously recorded votes. (6). Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0). Resolution 24-53, Second Read Approved, Amending the Fiscal Year 2025 Budget to Recognize and Appropriate Grants for the Fredericksburg Police Department (D24-309). Councilor Duffy moved to approve Resolution 24- 53, on second read, amending the Fiscal Year 2025 budget to recognize and appropriate grants for the Fredericksburg Police Department; motion was seconded by Councilor 22220 Regular Session 07/09/24 Holmes and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0). Resolution 24-54, Approved, Recommending the Appointment of Certain Persons by the Circuit Court to the Board of Equalization and Setting the Compensation of Board Members (D24-310). After staff presentation Councilor Mackintosh moved to approve Resolution 24-54, recommending the appointment of certain persons by the Circuit Court to the Board of Equalization and setting the compensation of board members; motion was seconded by Vice-Mayor Frye and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0). Ordinance 24-24, First Read Approved, Amending Chapter 70 of the City Code (Taxation) to Provide for Authority of the Commissioner of the Revenue and Treasurer to Provide Administrative Refunds Arising from Assessment Adjustments of Certain Amount (D24-311). After a brief staff presentation Councilor Gerlach moved to approve Ordinance 24-24, on first read, amending Chapter 70 of the City Code (Taxation) to provide for authority of the Commissioner of the Revenue and Treasurer to provide administrative refunds arising from assessment adjustments of certain amount; motion was seconded by Councilor Duffy and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0). 22221 Regular Session 07/09/24 Motion to Suspend the Rules. In order to place Resolution 24-24 on for second read Councilor Gerlach moved to suspend the rules; motion was seconded by Councilor Mackintosh and passed by the following unanimously recorded votes. (6). Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0). Ordinance 24-24, Second Read Approved, Amending Chapter 70 of the City Code (Taxation) to Provide for Authority of the Commissioner of the Revenue and Treasurer to Provide Administrative Refunds Arising from Assessment Adjustments of Certain Amount (D24-311). Councilor Gerlach moved to approve Ordinance 24-24, on second read, amending Chapter 70 of the City Code (Taxation) to provide for authority of the Commissioner of the Revenue and Treasurer to provide administrative refunds arising from assessment adjustments of certain amount; motion was seconded by Councilor Duffy and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0). City Manager’s Report and Council Calendar (D24-312 thru D24- 313). City Manager Baroody directed the Council’s attention to the Manager’s Update: Comprehensive Plan Update, Weekend Free Trolley Service in Downtown This Summer, The Office of Voter Registration and Elections, Summer Restaurant Week, Parks Safety, Join Team FXBG, Parking Garage Elevator, Community Resources, Summer Lunch Program, Sounds of Summer Series Returns, Subscribe to FRED Alerts, The Doris E. 22222 Regular Session 07/09/24 Buffett Pool, Fall Sports, Parks, Recreation and Events Summer Catalog is Now Available, and Fred Focus. Councilor Duffy expressed kudos to staff that made the 4th of July events special. Closed Meeting Approved. Upon a motion Councilor Duffy, moved approval to convene in closed session under Va. Code 2.2-3711 A. (1) to discuss the annual performance of specific appointees of the City Council, specifically, the City Manager; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (6) Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Duffy; seconded by Councilor Gerlach and passed by the following recorded votes, Council approved a return to an open meeting. Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0). Resolution 24-55, Approved, Certifying Closed Meeting (D24-314). Upon the motion Councilor Duffy, approved Resolution 24-55 certifying the closed meeting; seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (6) Councilors Devine, Frye, Duffy, Gerlach, Holmes and Mackintosh. Nays (0) Adjournment. There being no further business to come before the Council at this time, Mayor Devine declared the meeting officially adjourned at 9:12 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 22223 Regular Session 07/09/24 [This page intentionally left blank] 22224 APPROVED 06-27-23