City Council

Regular Session 09/26/17 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 September 26, 2017 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, September 26, 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, Transportation Administrator Erik Nelson, Director of Parks and Recreation and Events Jane Shelhorse, Public Works Director David King, Assistant Public Works Director Diane Beyer and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Bradford C. Ellis followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Officers Recognized. Mayor Greenlaw recognized the presence of Officer Ted Marrs, Melanie Schafer, and Stuart Butterfield at this evening’s meeting. Presentation of 2017 Federal Highways Administration Environmental Excellence Award – Virginia Central Railway Trail (D17- 368). – Ms. Jessie Yung, Administrator from the Federal Highway Administration (FHWA) 19777 Regular Session 09/26/17 Virginia Division explained that this award was recognized by the federal highway environmental excellence award and it has been done bi-annually for the past twenty years. They are three focused areas the natural environment, human environment and organization process innovation. Within the three focus areas there are sixteen categories and one is multimodal and Ms. Yung said they pick one winner for each category and the Virginia Central Railway trail won for the multimodal. Ms. Yung introduced one of her division employees Mr. Mack Frost who oversee the transportation enhancement funds. Mr. Frost presented the award to the Mayor and the other partners in this project. Mayor stated this was a huge team effort with the contractors, VDOT and staff. She thanked everyone who was involved. Mayor Greenlaw said the trail was one of the most popular things the City had done. City Tree Program (D17-369 thru D17-371). – Public Works Director King along with Assistant Public Works Director Beyer and Tree Fredericksburg’s Anne Little presented a PowerPoint presentation on the Urban Forestry Program. The City’s Urban Forestry Program is a partnership between the City of Fredericksburg, the Clean & Green Commission, and the non-profit group Tree Fredericksburg. The City has been a Tree City for 31 years and in 2004 a taskforce was put together to assess the City’s urban forest. This taskforce determined solutions for restoring the tree canopy which resulted in the Street Tree Plan being adopted by the Council in 2005. In 2008, the Council reconstituted the Fredericksburg Clean and Green Commission and they made urban forest canopy restoration one of their top priorities. During this time Tree Fredericksburg was established to be a conduit for grants and to organize volunteers to help plant the trees. The first project between the Clean and Green Commission and Tree Fredericksburg was Maury Playground. In 2012, the Council signed a Memorandum of 19778 Regular Session 09/26/17 Understanding with the Virginia Department of Forestry to increase its tree canopy by five percent over 10 years. There are other organization who have committed to increasing the tree canopy such as Marstel Day who has a fundraiser every year for trees. Since 2010, over 500 trees have been replaced or newly planted in the downtown area. The City continues to plant trees throughout neighborhoods and Tree Fredericksburg organizes the volunteers to plant about 50 trees in each planting project. The average cost to plant a tree in Fredericksburg is $100.00 and in most other cities in Virginia they budget $500-$600 per tree. The tree survival rate is just over 87 percent because the City waters every tree, every week, for the first year. Other City’s survival rate is fifty percent. Tree Fredericksburg has over 500 volunteers who help to plant trees each year. The value of volunteer hours in 2016 was over $33,000. Sixteen of those volunteers took classes for 10 weeks to become certified tree stewards and each have adopted an area of the city to help with minor pruning, education and outreach. The stewards have donate over 942 hours valuing over $22,193. The City has planted almost 6,000 trees since 2008 costing $615,664 and Tree Fredericksburg obtained $194,000 in grants from partners to enhance the Urban Forest Program in the same timeframe. Councilor Duffy spoke about what a great program this was and he asked how finances were managed and Mr. King explained that the City Council allocates funding for the purchase of trees every year. Mr. King explained that with the assistance of Tree Fredericksburg they are able to source the trees with specific growers to make sure the Cityb was getting quality trees. The budget that is provided by the Council is used to purchase the trees, purchase materials and paying for watering the trees. 19779 Regular Session 09/26/17 Vice-Mayor Withers asked if the City pays Tree Fredericksburg and Ms. Little explained that the gentleman who waters the trees get paid $15.00 an hour which Tree Fredericksburg pays and submits bills to the City for those charges no other members are paid. Ms. Little said when they have grant opportunities they contact the City and make them aware and they ask if they can apply for the trees, the City pays for the trees and then they submit the report to the Virginia Department of Forestry for reimbursement. Councilor Devine thanked the Tree Fredericksburg founders, City Staff and the volunteers she said this was hours of their time and she said it was a very selfless act for them to do this. Councilor Frye thanked everyone for their time and he suggested getting more Tree City signs placed throughout the City. Mayor Greenlaw also said this was a great program and it requires a lot of work to monitor and gather all the volunteers. Citizen Comment. The following speakers participated in the citizen comment portion of this evening’s meeting. Ronnette Cooper – 3003 Normandy Avenue, thanked the Council for hearing the thoughts and opinions of the community on the slave auction block. She spoke about how the community was divided. Ms. Cooper spoke about how the block caused her great pain when she first saw it and her true desire was to have it removed. She said it should be removed because it causes pain to some and by removing it she hoped it would being a healing for those. Aaron Custalow, 110 Kinlock Drive, he said he didn’t know the right steps but he said there was a way forward. He said the path should lead the people forward and not backward. He said there were two things that needed to be discussed when talking about the 19780 Regular Session 09/26/17 auction block, repentance and forgiveness. Mr. Custalow said this was an opportunity to pursue reconciliation between divided communities and races in the City. There was no reconciliation without true repentance and forgiveness. He said there could be no pathway forward for Fredericksburg if there was not forgiveness extended for the wrong doing of the forefathers and current judgments and accusations and prejudices from the African American Community. Mr. Custalow suggested that the block be removed and placed in a museum and a plaque put in its place to tell the story of what happened there as well as the commitment to stand together as a racially diverse community to pursue unity. Eddie Hackler, 9608 Hazelbrooke Court, 22407, he spoke about other location of the buying and selling of slaves within this community and other locations nearby. He spoke about the removal of the slave block and the possibility of it going to the Fredericksburg Area Museum (FAM) and he was concerned because the FAM had little to no history on African Americans in the museum and he thought that was a horrible option. Mr. Hackler said the removal of the block would not erase the sins of Fredericksburg however it would lead people to believe that the sins had been forgiven and that we live in a color blind or post racial society which he said was far from the truth. He spoke about how African Americans lead the way in unemployment, that they were a majority of the prison population and how the history was not being taught. He suggested that the unemployment and imprisonment was also slavery just called something else. Mr. Hackler said maybe slavery had not ended it had just evolved and the auction block was a reminder of that fact. He said the block should remain in place and the resources dedicated to removing it should be directed to an organization that benefits African Americans or diverted to the FAM earmarked to increase the artifacts in the museum to bring awareness of the contributions of African Americans in the building of the City of Fredericksburg. 19781 Regular Session 09/26/17 Jasee Law, Maui resident, stated there were a lot of new trees by the Visitor Center but no new benches. Richard Matthews, 3206 Normandy Avenue, former police officer from Kansas City area, he now serves as the community life pastor at Awakening Church. He said the auction block stood as a blight in history. He said we all need to strive to love well and empathize with the community. Mr. Matthews said the voice of the African American community should be the most considered voice in the decisions regarding the slave auction block. He said the community could be a catalyst in the destruction of racism and injustice for this community as well as the nation. Rev. Hashmel Turner, 1909 New Kent Street, said he was speaking on behalf of the faith community. He said they have gathered and had prayer vigils and they have discussed this auction block. He said the auction block was a barrier that tears the desire to unify. He said the faith community desires to unify but he said people cannot forgive when there are reminders like the auction block. Rev. Turner suggested that the slave block was a reminder to African Americans of how ancestors were treated and he said he did not need that reminder. Gabrielle Guy, 420 Cobblestone Drive, stated that she had been a resident for over twenty years and she had witnessed many changes in Fredericksburg. She said the slave block was a stark reminder of our country’s past and how far the country had come. Ms. Guy said history should not be erased even if they implicit painful and uncomfortable feelings. She said there are not many original items of that time period and it should remain to show the progression as a society. Ashley Bradshaw, 1415 Stafford Avenue, has lived in the City since junior high school. She said she and her husband love the history here in the City. She said the first time 19782 Regular Session 09/26/17 she found out what the slave block was it grabbed her attention and now there are times when she stop and reflect but other times she walk right by it. Ms. Bradshaw said it was not until recently that she learned of the pain the block caused her African American friends. She said it was important for the African Americans to make the decision and their voices be heard above others. She said she would like the city to be known as a beacon of hope and as a place that listened. Faith Childress, 1805 William Street, said it was incumbent to do what was right to promote racial healing in the City and in regards to the slave block she said the African American contingency in the community should be heard the loudest and whose opinion should carry the most weight and whose rights should be prioritized. She said it was her hope that the City would be a leader in the nation as to what healing of racial division and living in unity should look like. Ms. Childress noted that removing the stone does not get rid of racism but it would help to heal wounds and bring peace to the hearts of fellow citizens where there has been a history of racial trauma and bring the City unity. Council Agenda Presented. The following item were presented to Council for discussion. 7A. Slave Auction Block Removal – Mayor Greenlaw and Councilor Frye 7B. Bragg Hill Changes – Councilor Frye Slave Auction Block Removal – Mayor Greenlaw explained that the Council allowed her and Councilor Frye to form a plan in response to his request to remove the slave auction block. Staff formed a working group and presented two options. The public was given two opportunities to speak: online and at a community meeting. She said the community came through with their input and submitted 602 online comments, 26 spoke at the community meeting and several sent emails and letters. Mayor Greenlaw spoke about 19783 Regular Session 09/26/17 how engaged the community was and she said of the 602 online comments, 363 selected Option A, leave in place with better interpretation; 127 chose Option B, remove and place in a museum and put a marker in its place and 112 chose Option C, neither of the two options presented but 66 wanted it to stay in place but did not like the option provided. Mayor Greenlaw also gave the geographical break down of the comments 209 were City residents; 102 were from Stafford or Spotsylvania and 66 were from other places. Councilor Frye explained that there were online petitions circulating and he decided to get a grasp on it before anything negative happened. He said he was standing firm on the removal of the block because of the mock auction he witnessed. He said the only way to end that type of activity is to remove the block. Councilor Frye made a motion to support Option B – replace the auction block with a historic marker and have directions to its new location, possibly the Fredericksburg Area Museum. Councilor Kelly seconded the motion for discussion. Councilor Kelly thanked the public for their participation. He said monuments in the City needed to be monument for those who have made a difference in the community. He asked what lessons we were leaving for future generations to help move the community forward. He said it was important to understand how things happened and what happened and how the community had advanced from those things. Councilor Kelly said he could not express how the block made people feel when they saw it but he said pain was a critical lesson for people to understand what happened and to let everyone know about the mistakes that happened. Pain also reminds us that we do not want these things to happen again. He said that block represents revulsion, shame and pain but society must ask what its role will be to make sure this never happens again. He stated that from those lesson he hoped society would become better a people. Councilor Kelly said when you remove things, you detach 19784 Regular Session 09/26/17 them from the community and this marker was an important tool and it needed to be seen in its context for generations to come. Councilor Kelly was in support of leaving the auction block in its current location. Councilor Devine said after thoughtful and emotional feedback from the community and careful consideration of the options she was in support of keeping the auction block artifact in its original setting. She said everyone needed to honor and respect the terrible history this artifact has born witness too and she wanted the story of the African American strength, struggle, survival and success in his community to be better told and displayed. Councilor Devine offered a substitute motion supporting Option A, keeping the slave block in its current location, and giving it the reverence and respect it deserves; motion was seconded by Councilor Ellis. Councilor Duffy said it was humbling to hear the comments and views. He said it felt like he had been through several history courses and he now understand what white privilege means. He said it was troubling that many felt like this artifact has been unadorned and not thought seriously about and it does merit great consideration. He said he was in favor of the substitute motion. Councilor Duffy said he was struck by the emotional response to the slave block but he was concerned about the disrespect to the block as well as vandalism. He addressed comments made by one of the speakers relating jail and unemployment with slavery for African Americans and said that was why it was incumbent to leave the block to tell the story that continues to be lived by people who feel a lack of respect and he said it needs to be confronted. Councilor Duffy said this terrible tragedy of American History needed to stay. He said he regrets that it causes pain and he hoped the community would learn from the process. 19785 Regular Session 09/26/17 Vice-Mayor Withers said he supports the substitute motion with the caveat that this was only the beginning of the story on the block and that the City receive input from the community to tell the story the way it should be told. Councilor Ellis thanked the community for the example they set on how to have a conversation on a difficult topic. He said the City had set the example for the commonwealth and the country on how to work through difficult topics. He said he feels he was in favor of the majority of the comments submitted and that the block should remain. Mayor Greenlaw said she had been very moved by the sincere and powerful comments made on this item. She noted how the citizens listened to each other and had concern for each other no matter how they felt about the options given. Mayor Greenlaw stated that there was nothing that speaks more profoundly of the evil of slavery than an auction site. She said we cannot understand each other without knowing what we have been through and without facing the truth. The block reminds us that slavery was a terrible system and without that understanding it would be too easy to romanticize slavery and the history that so many African Americans have experienced. Mayor Greenlaw said she was moved by the comments from ancestors of slaves that was sold there and would like the block to remain. She said she was supporting the substitute motion but explained that the City was challenged with presenting it appropriately and it needed to offer a prayer to those that were sold, a prayer for reconciliation and healing in our nation and a prayer for understanding. Mayor Greenlaw said we need to make sure there was community input on how the story is told. She asked that the maker of the motion to support charging the City Manager with receiving community input and input from the African American community on how this should be treated. Councilor Frye state that he did not support the substitute motion. 19786 Regular Session 09/26/17 The substitute motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Ellis and Kelly. Nays (1). Councilor Frye. Councilor Devine made a motion to have the City Manager form a working group to include members of the community at large to have a say as the process moves forward; motion was seconded by Vice-Mayor Withers and passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Withers, Devine, Duffy, Ellis and Kelly. Nays (1). Councilor Frye. Bragg Hill Changes – Councilor Frye talked about the redevelopment in the Bragg Hill area and he noted that the 7-11 was closing. He asked if there was something the City could do to help businesses. He noted that the 7-11 was a need in the community for many who do not have transportation. Vice-Mayor Withers suggested maybe the Economic Development Department could target private businesses to move in there and maybe offer an economic incentive. Councilor Duffy also suggested this may be an opportunity for a farmer’s market like the one they have in the Mayfield subdivision. City Manager’s Consent Agenda Accepted for Transmittal as Recommended (D17-372 thru D17-375). Councilor Kelly moved approval of the City Manager’s consent agenda items; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). • Ordinance 17-23, Second Read, Amending the 2012 Lease with MediCorp Properties, Inc. to Permit Additional Hospital Identification Signs in the Public Right of Way (D17-372). 19787 Regular Session 09/26/17 • Resolution 17-82, Approving the 2016-2017 Consolidated Annual Performance and Evaluation Report (D17-373). • Transmittal of Parking Action Plan Update (D17-374). • Transmitting Board and Commission Minutes o Economic Development Authority – August 14, 2017 (D17-375). Adoption of Minutes. Vice-Mayor Withers moved approval of the September 12, 2017 Public Hearing and Regular Session minutes; motion was seconded by Councilor Frye and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Appointments to the Parking Advisory Committee (D17-376). Councilor Kelly moved to appoint Vice-Mayor William Withers, Councilor Timothy Duffy, Joe Wilson, Dr. Lynne Richardson, D.D. Lecky and Bill Beck to the Parking Advisory Committee; motion was seconded by Councilor Ellis Councilor Devine suggested the at large representative vacancy be advertised for the general public to apply. Councilors Kelly and Ellis accepted the suggestion and the motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Resolution 17-81, Second Read, Amending the Fiscal Year 2017 Budget for Final Adjustments for Schools (D17-378 thru 380). After staff presentation Councilor Duffy disclosed that he was a member of a business, profession, occupation or group of three or more members affected by the transaction but he was able to participate fairly, objectively and in the public interest. Councilor Frye disclosed that his spouse was a member of a business, profession, occupation or group of three or more members affected by the transaction but he was able to participate fairly, objectively and in the public interest. 19788 Regular Session 09/26/17 Councilor Ellis made a motion to approve Resolution 17-81, on second read, amending the Fiscal Year 2017 budget for final adjustments for schools; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Transmittal of Report on High Speed Rail Environmental Impact Statement and Outline of Recommended Comments to be Submitted by City Council (D17-381). Mr. Nelson stated that the transmittal was of information on the High Speed Rail project which was a national effort to improve rails to provide enhanced rail service. The focus was on the rail corridor in Virginia from Washington DC to North Carolina. The Environmental Impact statement had been released and Mr. Nelson stated that there were a few items the Council should request to be addressed during the process. The areas of concern were the viaducts/overpasses, parking, station, bicycle/pedestrian access, sound mitigation and other planned improvements outside of the high speed rail project. Mr. Nelson said he would bring this item back for action on October 24. Transmittal of Proposed Transportation Alternatives Project (D17- 382). Mr. Nelson explains that the Transportation Alternatives Project provides a modest amount of money for various projects and he had taken priority number twelve making connections in the neighborhoods from the City’s goals and objectives as the next project. The trails that are in place have been the easy part but making the connection between the two was more challenging. Mr. Nelson said they would try to make the connection through the Sophia Street corridor and Caroline Street. He said the challenge was the right of way which had already been defined. He said a suggestion would be to do share roads. He said they will submit an application to get an analysis of the corridor and options to develop a safe 19789 Regular Session 09/26/17 bicycle route as well as pedestrian access. He said this item would be brought back in October as well. Vice-Mayor Withers said he would not be able to support it if it was going to do away with parking. He said he was good with the share lanes. Councilor Duffy said before they paint the share road signs on the road he would like to make sure things are done to make the streets safer for bikes. Ordinance 17-24, First Read, Adding Ficklin Island to the Description of the City’s Riparian and Watershed Property; Expressly Prohibiting Hunting and Campfires on the Island (D17-383). After staff presentation Councilor Kelly made a motion to approve Ordinance 17-24, on first read, adding Ficklin Island to the description of the City’s Riparian and Watershed Property; Expressly prohibiting hunting and campfires on the island; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). Ordinance 17-25, First Read, Prohibiting Securing Bicycles, Benches, Trash Receptacles, Signs and Other Items to Trees, Street Lights, Street Signs, and Other Public Facilities in the Public Rights-of- Way (D17-384). After staff presentation and some discussion Councilor Kelly made a motion to approve Ordinance 17-25, on first read, prohibiting securing bicycles, benches, trash receptacles, signs and other items to trees, street lights, street signs, and other public facilities in the public rights-of-way; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Ellis, Frye and Kelly. Nays (0). 19790 Regular Session 09/26/17 City Manager’s Report and Council Calendar (D16-385 thru D16- 386). City Manager Baroody reviewed the Manager’s report and Council Calendar. Activities highlighted on the report were as follows: Police Host Second Pedestrian Safety Event, Parking Lot at Bass Ellison Building Re-Paved, Fire Department Newsletter Increases Internal Communications, Emergency Operations Center Moves to Police Headquarters, Work Continues on Traffic Signal Installation Downtown, 1900 Block of Lafayette Boulevard Replacement Water Line In Service, Soggie Doggie Swim, The Picnic in the Park and Memorial Park Tennis Courts. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 10:04 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 19791 Regular Session 09/26/17 [This page intentionally left blank.] 19792