City Council

Regular Session 08/22/17 CITY OF FREDERICKSBURG, VIRGINIA HON. MARY KATHERINE GREENLAW, MAYOR CITY COUNCIL HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. BRADFORD C. ELLIS, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street HON. CHARLIE L. FRYE, JR., WARD FOUR Fredericksburg, Virginia 22401 August 22, 2017 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, August 22, 2017, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Mary Katherine Greenlaw, Vice-Mayor William C. Withers, Jr. and Council members Kerry P. Devine, Dr. Timothy P. Duffy, Bradford C. Ellis, Charlie L. Frye, Jr. and Matthew J. Kelly. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, Assistant City Manager Doug Fawcett, City Attorney Kathleen Dooley, Assistant City Attorney Robert Eckstorm, Planning and Building Development Director Charles Johnston, Zoning Administrator Michael Craig, Historic Resources Planner Kate Schwartz, Development Administrator Marne Sherman, Building Code Official John Schaefer, Public Works Director David King, and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Mayor Greenlaw opened the meeting with a moment of silence for the victims involved in the Charlottesville attack. Council was led in prayer by Councilor Matthew J. Kelly followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Public Hearings (D17-322 thru D17-325). The regular session was recessed in order to conduct the scheduled public hearings and immediately reconvened upon their conclusion. 19739 Regular Session 08/22/17 Citizen Comment. The following speakers participated in the citizen comment portion of this evening’s meeting. Clint Van Zandt, 705 Hanover Street, spoke in regards to the slave auction block. He noted that this was an artifact, not a statue, that’s attached to a dreadful time in history. He addressed an article written by Historian John Hennesey which he had a December 27, 1857 news article advertising the sale of humans at the slave block location. He mentioned how he had seen children standing on the slave block because they were too young to understand. Mr. Van Zandt said he was sad and angry at the lack of reverence to the block. He said the community needed to be sensitive to the historic value and the terrible human trauma that it represents. He asked the council to consider moving it to the museum and placing a plaque in its place to tell the history of the block. Faith Childress, 1508 William Street, stated that the slave auction block should be placed in the museum with interpretive signage. She said her friends should not have to endure the pain of seeing that when they are downtown. Ronette Cooper, 3003 Normandy Avenue, stated that she could not walk passed the slave auction block without wondering if her relatives were placed there for auction. She said she would like to see a sign there that says the spot represented a horrific time in history. Jasee Law, Maui resident, stated that many people look at Virginia as a place of hostility because of the events that occurred in Charlottesville and he asked that the bench be placed back in front of the Visitor Center. Council Agenda Presented. The following item was presented to Council for discussion. 7A. Slave Auction Block Removal – Councilor Frye 7B. Downtown Lighting – Councilor Devine 19740 Regular Session 08/22/17 Slave Auction Block Removal – Councilor Frye said the he had received calls and requests regarding the slave auction block and he said there had also been petitions online for the removal of the auction block. Councilor Frye said he would like to work with Mayor Greenlaw and City Manager Baroody to put together a report to bring back to the Council. Councilor Kelly said this issue had brought two questions that needed to be dealt with: the first was the level of community discussion and secondly, how the City presents its history. He said there are serious issues that need to be dealt with and they will require community support and dialog. Councilor Kelly suggested that the City not only deal with this matter but also discuss how the City was going to present its history such as monuments, battlefields and other topics. He said the topic should be broader. Councilor Kelly said the slave block was a moment in our history and it showed how far we have come and learning from the journey helps to achieve the goals on which the nation was founded. He said he understood the pain and anguish the block caused but he said it would instill in everyone that they have an obligation that something like this would never happen again. Councilor Kelly said putting it away in a room was dangerous and said being reminded periodically was good and it lets the next generation know what happened. Councilor Devine said as a history teacher it was important to see something in context even as painful as it may be. She stated that if it stayed she would like more of the story told. Councilor Ellis agreed with Councilor Devine and Councilor Kelly he said the monuments or markers are not to endorse or celebrate slavery they are there because it is the history of Fredericksburg and it cannot be denied. He said as a veteran the tearing down of 19741 Regular Session 08/22/17 monuments was disturbing to him. Councilor Ellis said they should not be torn down but placed in context. Councilor Duffy stated that this was a difficult issue and that he was supportive of Councilor Frye’s idea but said he would hate to remove the slave block without considering the context of the artifact. He said any decision needed to be respectable of the artifact but currently the artifact was not being displayed respectfully. Vice-Mayor Withers said he was in agreement with gathering information but he also stated that there was not one person on Council that does not understand and respect what the block represents and he said whatever the Council come up will respect the dark time during the history. Vice-Mayor Withers said it was up to Council to determine how best to preserve the history. Mayor Greenlaw added that this was a horrific time and that a price was put on a humans head. She said slavery could not be romanticized and the Council would find the best way to handle the artifact. She reminded everyone that the City had something unique in the City and within three blocks there was a reminder of the worst of slavery, the sales in the next block there was a sculpture and memorial to the 150th anniversary of the Emancipation Proclamation and one block further there was interpretative signage telling the role City residents played in the Civil Rights Movement and the sit-ins that occurred. Mayor said the City’s history was the Nation’s history. Councilor Frye spoke passionately stating that no one knows how an African American feels when they walk by the block and he talked about his long history in the City and about the stories he heard from his great grandparents. Downtown Lighting – Councilor Devine asked Public Works Director King to speak on the progress of the downtown lighting. Mr. King said there were two types of street 19742 Regular Session 08/22/17 lights downtown: colonial and the common street lights, known as cobra lights, on the utility poles. He said there were some older colonial street lights along Caroline Street and there were some newer versions that have been installed. He said they would focus on the older lights first by revamping the lights. He said they applied for a grant but did not receive it and they were working on ways to revamp them. Mr. King said they were also looking at whether they needed electrical outlets on the lights. He stated that they were working with manufacturers and testing LED lights near Hyperion Coffee shop but they had not found the ones with the warmth needed downtown. The cobra lights he felt could be worked on sooner with Dominion VA Power to install new brighter lights before the holiday shopping season. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D17-326 thru D17-336). Councilor Kelly moved approval of the City Manager’s consent agenda items; motion was seconded by Councilor Ellis and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Ordinance 17-18, Second Read Approved, Amending the Unified Development Ordinance to Regulate Short Term Rentals of Residential Properties; and to Make Technical Revisions to the Definition and Use Standards for Bed-and Breakfast Inns (D17-326). • Resolution 17-70, Approved, Amending Fiscal Year 2018 Budget Authorizing Additional Expenditures in the City Grants Fund (Fund 210) (D17-327). • Resolution 17-71, Approved, Initiating Amendments to the Unified Development Ordinance for Land Within the Historic Fredericksburg District, to Remove the 19743 Regular Session 08/22/17 50% Reduction of Residential Density when 25% or More of the Site is in the 100 Year Floodplain; and to Remove the 75% Reduction of Residential Density for Sites Containing 15% to 24% Floodplain (D17-328). • Resolution 17-72, Approved, Amending the Historic District Handbook to Incorporate the Historic Fredericksburg District Window Policy (D17-329). • Transmitting Board and Commission Minutes o Economic Development Authority – July 10, 2017 (D17-330). o Fredericksburg Clean and Green Commission – April 3, 2917 (D17-331). o Fredericksburg Clean and Green Commission, Green Committee – May 9, 2017 (D17-332). o Planning Commission Work Session – July 12, 2017 (D17-333). o Planning Commission – July 12, 2017 (D17-334). o (D17-335 skipped accidentally) o Recreation Commission – June 15, 2017 (D17-336). Appointment to the Architectural Review Board – Carthon Davis (D17-337). Councilor Devine moved to appoint Carthon Davis to the Architectural Review Board; motion was seconded by Councilor Ellis and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Ordinance 17-18, Second Read Approved, Temporary Leasing a Portion of the Renwick Courthouse to St. George’s Episcopal Church for Sunday Religious Instruction (D17-338). After staff presentation Councilor Kelly made a motion to approve Ordinance 17-18, on first read, temporary leasing a portion of the 19744 Regular Session 08/22/17 Renwick Courthouse to St. George’s Episcopal Church for Sunday religious instruction; motion was seconded by Councilor Ellis and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Abstain (1). Councilor Withers. Resolution 17-73, First Read Approved, Amending the Fiscal Year 2017 Budget for Final Adjustments (D17-339). After staff presentation Councilor Kelly made a motion to approve Resolution 17-73, on first read, amending the Fiscal Year 2017 budget for final adjustments; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 17-74, Approved, Initiating Amendment to the 2015 Comprehensive Plan to Establish the Use of Transects to Describe Future Land Use Patterns, and to Amend Chapter 11, “Planning Areas” to Adopt a New Small Area Plan for Planning Area 3 (D17-340 thru D17-341). After staff presentation Councilor Kelly made a motion to approve Resolution 17-74, initiating amendment to the 2015 Comprehensive Plan to establish the use of transects to describe future land use patterns, and to Amend Chapter 11, “Planning Areas” to adopt a New Small Area Plan for Planning Area 3; motion was seconded by Vice-Mayor Withers and passed by the following recorded vote. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 17-75, Approved, Establishing the Parking Advisory Committee (D17-342). Councilor Devine made a motion to approve Resolution 17-75, establishing the Parking Advisory Committee; motion was seconded by Councilor Duffy and 19745 Regular Session 08/22/17 passed by the following recorded vote. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). City Manager’s Report and Council Calendar (D16-343 thru D16- 344). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: WTTG FOX 5 Zip Trip is Coming to the City, Mayor Helps Promote Upcoming Heart Walk Event, LOVE Comes to Fredericksburg and Multiple City Agencies Participate in Annual National Night Out. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 9:48 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19746