City Council

Public Hearing 04/22/25 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. SUSANNA R. FINN, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 April 22, 2025 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, April 22, 2025, beginning at 7:36 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine. Vice-Mayor Charlie L. Frye, Jr., Council members Susanna R. Finn, Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. Others Present. City Manager Timothy J. Baroody, Deputy City Manager Mark Whitley, Deputy City Manager David Brown, City Attorney Kelly J. Lackey, Economic Development Director Joshua Summits, Finance Director Amanda Six, Senior Budget Analyst LaToya Marshall-Gronhoff and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D25-192 thru D25-194). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 25-04, First Read Approved, Changing the Precinct 401 Polling Place from New City Fellowship Church to the Schools Administration Building (D25-192). No speakers. After the staff presentation Councilor Mackintosh moved to approve Ordinance 25-04, on first read, changing the 22517 Public Hearing 04/22/25 Precinct 401 polling place from New City Fellowship Church to the Schools Administration Building; motion was seconded by Vice-Mayor Frye and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 25-05, First Read Approved, Setting the Real Estate Tax Rate at $0.80 per Every $100 of Assessed Value of Real Estate for Fiscal Year 2026 (D25-193 thru D25-195). 2 speakers. After the staff presentation, the Clerk of Council read two submitted letters. Catherine Williams (D25-194), 1803 Washington Avenue, stated that due to the impact of people being riffed or fired from the government these increases will impact the City and local businesses. She said it was discouraging to see the City reaching back into the community to raise costs every year. Matthew Kelly (D25-195), 1309 Hanover Street, had several questions for staff and Council that he felt needed to be addressed before they voted on the tax rate to inform the public about costs coming in the next year or so. See D25-195 for more information. Councilor Graham thanked the staff for putting the budget together. He recognized how difficult it has been due to the uncertainties. He said the budget reflects the values and it would get the City through the next 12 months. Councilor Graham moved approval of Ordinance 25-05, on first read, setting the Real Estate Tax Rate at $0.80 per every $100 of assessed value of real estate for Fiscal Year 2026; motion was seconded by Vice-Mayor Frye. 22518 Public Hearing 04/22/25 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 public interest. Councilor Holmes disclosed that she is a member of a business, profession, occupation or group of three or more members affected by the transaction, namely: she provides services to students at 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. Councilor Mackintosh echoed Councilor Graham’s comments, and he said the Council has arrived at a conservative budget. He said they all see a turbulent future and they have made some tough decisions regarding the tax rate and spending levels. He commends the Council on the budget, and he believes because of the conservative budget the City should end up in a good place. Mayor Devine agreed there was a lot of work and discussion on the budget and it was not easy to be unable to meet all the goals. She noted that the Council was aware of the uncertainties as well as the fears of the public. The motion passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, 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 7:53 p.m. Kerry P. Devine Kerry P. Devine, Mayor 22519 Public Hearing 04/22/25 Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC APPROVED 10-10-23 22520 Regular Session 04/22/25 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. SUSANNA R. FINN, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 April 22, 2025 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, April 22, 2025, 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 Susanna R. Finn, Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. Others Present. City Manager Timothy J. Baroody, Deputy City Manager Mark Whitley, Deputy City Manager David Brown, City Attorney Kelly J. Lackey, Economic Development Director Joshua Summits, Finance Director Amanda Six, Senior Budget Analyst LaToya Marshall-Gronhoff and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. The 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 Detective Gloria Mejia at this evening’s meeting. 22521 Regular Session 04/22/25 Proclamation for “Letter Carriers’ Stamp Out Hunger ® Food Drive Day” (D25-184). Mayor Devine presented Shawn Armstrong with a proclamation for Stamp Out Hunger® Food Drive, and she asked the community to participate on May 10. Consent Agenda Accepted for Transmittal as Recommended (D25- 185 thru D25-__). Councilor Graham moved approval of the City Manager’s consent agenda; motion was seconded by Vice-Mayor Frye and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). o Transmittal of the Board and Commission Minutes o Architectural Review Board – March 10, 2025 (D25-185). o Architectural Review Board March 24, 2025 (D25-186). o Board of Social Services – February 6, 2025 (D25-187). o Economic Development Authority – February 10, 2025 (D25-188). o Economic Development Authority – March 10, 2025 (D25-189). o Planning Commission – March 26, 2025 (D25-190). o Planning Commission CIP – April 3, 2025 (D25-191). Public Hearing (D25-192 thru D25-195). 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. 22522 Regular Session 04/22/25 Jerome Wilson, 3604 Aquia Drive Stafford, VA, stated that the General District Court had a hearing without the parties present and they ran an eviction. At the same hearing they ordered the ceasing of all funds. He stated that it was an illegal garnishment and that he was working with the FBI because he said there was something illegal going on in the courts. Council Agenda Presented. The following items were presented to Council for discussion. 8A. CSX Derailment Meeting Response – Vice-Mayor Frye 8B. Blue and Gray Apartments – Councilor Graham CSX Derailment Meeting Response – Vice-Mayor Frye said there was a community meeting to discuss the derailment that occurred last year. The meeting was hosted by Delegate Josh Cole, Sabrina Johnson, the Environmental Advocate for the NAACP and Randy Marcus from CSX. There were representatives from the Mayfield Civic Association, Cobblestone and the Cobblestone Owners’ Group. He noted that Cobblestone has been given an updated evacuation plan. Vice-Mayor Frye addressed the following questions: Is there an electronic device that can be attached to the derailment device that would signal local public safety officials? CSX response: no such device exists to automatically notify local authorities if a car impacts the derailment device. In the likely event, CSX will follow the existing processes to notify local, state and federal authorities based on the nature of the incident. Secondly, can CSX ensure that a no railcar storage safety zone or red zone be established approximately several hundred feet from the derail device? CSX response: 22523 Regular Session 04/22/25 operationally this is not feasible, crews are required by rules to have someone in line of sight when moving cars are in close proximity to the derail device. The derail is in place to prevent an unintended car from getting out of the yard onto the main track. The new device location was carefully considered to eliminate the potential for community impact in the greatest extent possible. Lastly, are there temporary shelters planned for emergencies? Vice-Mayor Frye said there is an evacuation plan and James Monroe High School will be used for overnight shelter if needed. CSX response: CSX has an industry leading care plan that they implement in the rare incident of disaster. Their protocol is to provide temporary housing, meals and incidental items directly to impacted residents in the event the derailment incident causes people to evacuate their home. This is accomplished by providing hotel rooms, open checks to local restaurants and convenience stores. While these events are rare, they do have a proven track record of providing this support to residents. During the Cobblestone incident evacuation services were proposed with the incident commanders at the beginning but the incident commander proposed that in this incident, it was not necessary. Vice-Mayor Frye said the Council would continue to address the safety. He also thanked Mr. Baroody for always following up on situations. He informed the public that the fire department goes out daily to log what is on the tracks. He said the City has a very proactive approach. Blue and Gray Apartment – Councilor Graham said this was about a proposed multifamily apartment building currently slated for empty space in the industrial park. He said there are many on Council who have spoken to the developer 22524 Regular Session 04/22/25 about the concept. He said as he understands for the project to move forward it would require an amendment to the Comprehensive Plan. He said it was time to have the discussion publicly and he asked the City Manager to get in touch with the developer to walk through the process of what it will take to fully consider the project. City Manger Baroody said he would work on getting this scheduled to have the discussion. Citizen Comment. Mayor Devine explained that we were going back to citizen comment because she had the wrong name listed as the person to speak on behalf of Lois Ann Hope House. Cassie Payne, 1601 Franklin Street, speaking on behalf of Lois Ann Hope House, said they are one of the only low-barrier shelters in the region and there is an increased need for family shelter. She said their clientele are the families you do not see. Ms. Payne said they have the longest waitlist they have ever seen. They asked for an increase in funding in hopes to help families stay in their homes as well as a host of other opportunities. She said in the City schools there are 186 students who lack stable housing as of January, 12 are unaccompanied youth and there are 2 unsheltered students. Adoption of Minutes (D25-196). Councilor Holmes moved to approve the June 25, 2024, Work Session minutes and the Public Hearing and Regular Session minutes of April 8, 2025; motion was seconded by Councilor Mackintosh and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). 22525 Regular Session 04/22/25 Ordinance 25-06, First Read Approved, Amending Water and Sewer Fees Rates and Charges (D25-197). After staff presentation. Councilor Graham explained that the water and sewer rates are mandated because things like the wastewater treatment plant which is a large capital project, and some can only be paid for through water and sewer fees. He said he hate to raise fees on something that is needed for daily life but in this case the current state law gives no choice. Councilor Graham moved to approve Ordinance 25-06, on first read, amending water and sewer fees rates and charges; motion was seconded by Councilor Mackintosh. Councilor Mackintosh reminded the public that the data center that we will be coming to the City would be cooled with affluent water from the treatment plant and they would not be getting the water for free they will have to pay. This will generate some revenue for the wastewater treatment plant, and this would pay for some of those improvements at the plant. Mayor Devine said the City staff was working hard so the city would not have to cover the wastewater treatment plant cost. Deputy Manger Whitley explained the funding the City has received as following: State ARPA Award for $29 million, Nutrient reduction grant for $27 million, WGIF fund anywhere from $50-60 million, and the City would be borrowing money from the Clean Water Revolving Fund. He said these were major awards and they will drive down the cost and overtime the city will have to repay the Clean Water Revolving Fund. 22526 Regular Session 04/22/25 The motion passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Update on Operating and Capital Budget (Update) (D25-198). Finance Director Six updated the Council stating that the budget was slated for adoption in May 2025. She noted that there would be levers in the budget in case there are any further economic declines. This will allow the City to pivot quickly in order to protect the City’s financial resources. During the work sessions there were robust discussions evaluating the City Manager’s proposed budget as well as a joint meeting with the School Board and considerations from the public at the budget public hearing. Those considerations would be included in the budget. There were shifts in funding, increasing contributions to the Empowerhouse, Lois Ann Hope House, GWRC Rapid Rehousing Center, adding $5,000 back in the budget for the SPCA, utilizing funds from the fund balance to establish a community outreach case manager’s position supporting the City’s unhoused population and a reduction in the use of the reduction stabilization fund by offsetting an additional $.01 on the real estate tax rate. Resolution 25-25, First Read Approved, Budgeting and Appropriating City of Fredericksburg Public School Funds for Fiscal Year (FY) 2026 Beginning July 1, 2025 through June 30, 2026 (D25-199). After staff presentation Councilor Graham moved to approve Resolution 25-25, on first read, budgeting and appropriating City of Fredericksburg Public School funds for Fiscal Year (FY) 2026 Beginning July 1, 2025 through June 30, 2026; motion was seconded by 22527 Regular Session 04/22/25 Councilor Mackintosh and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 25-26, Approved, Authorizing the Use of $680,457 in Motor Fuels Taxes for the Virginia Railway Express and $25,300 for the Potomac and Rappahannock Transportation Commission for Fiscal Year 2026 (D25-200). Councilor Gerlach moved to approve Resolution 25-26, authorizing the use of $680,457 in motor fuels taxes for the Virginia Railway Express and $25,300 for the Potomac and Rappahannock Transportation Commission for Fiscal Year 2026; motion was seconded by Councilor Holmes and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 25-27, Approved, Setting the Personal Property Tax Relief Percentage for the 2025 Billing in Accordance with the Personal Property Tax Relief Act of 1998 (D25-201). Councilor Mackintosh moved to approve Resolution 25-27, setting the personal property tax relief percentage for the 2025 billing in accordance with the Personal Property Tax Relief Act of 1998; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 25-28, Approved, Approving a Memorandum of Understanding with the Rappahannock Area Community Services Board 22528 Regular Session 04/22/25 and Amending the Fiscal Year 2025 Budget in the General Fund to Provide Initial Funding (D25-202). City Manager Baroody explained that there was a resolution and a Memorandum of Understanding (MOU). The MOU outlines the agreement between the City of Fredericksburg and the RACSB. In this agreement RACSB would help the City to manager the chronic homeless population citywide. He said this was needed to address homelessness, as it increases, not only in the City but nationwide. He stated that it would be better to have a civilian engage with the population if difficulties arise, instead of law enforcement. If Council funds this position, it will grant the funds to RACSB and they would hire and manage a new Community Outreach Case Manager to support the City with the homeless population throughout the City. This person would provide resources, referrals, and be a business liaison. Mayor Devine thanked the City Manager, Mr. Wiggins with RACSB and Sam Shoukas, GWRC for their work on this. She noted how critical this need is, and she said the City tried to do it regionally but it did not work out. The council agreed on how important this work is. Councilor Mackintosh moved to approve Resolution 25-28, approving a Memorandum of Understanding with the Rappahannock Area Community Services Board and Amending the Fiscal Year 2025 Budget in the General Fund to Provide Initial Funding; motion was seconded by Councilor Holmes and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). 22529 Regular Session 04/22/25 City Manager’s Report and Council Calendar (D25-203 thru D25- 204). City Manager Baroody directed the Council’s attention to the Manager’s Update: Earth Day Festival, Budget Progressing for Fiscal Year 2026, April is Child Abuse Prevention Month, Downtown Pedestrian Safety, 2025 Fireworks Schedule, United Way Benefit Golf Tournament, Volunteers Welcome, Annual Water Disinfection and Flushing, Fire Hydrant Flushing, The Fredericksburg Memorials Advisory Commission is Seeking Nominations for the City Wall of Honor, Summer Teen Basketball League, Stay Informed, Mental Health, Wellness & Safety Resource Fair, National Safe Digging Month in April, 2025 Summer Programs, and FXBG Snapshot. Adjournment. There being no further business to come before the Council at this time, Mayor Devine declared the meeting officially adjourned at 8:58 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 22530