City Council

Regular Session 06/02/20 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. WILLIAM C. WITHERS, JR., VICE -MAYOR, WARD TWO HON. KERRY P. DEVINE, AT-LARGE CITY COUNCIL HON. MATTHEW J. KELLY, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. DR. TIMOTHY P. DUFFY, WARD THREE HON. CHARLIE L. FRYE, JR., WARD FOUR Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 June 2, 2020 The Council of the City of Fredericksburg, Virginia, held a special session on Tuesday, June 2, 2020, beginning at 3:00 p.m. using electronic communication through GoToMeeting pursuant to and in compliance with the City Council Ordinance 20-05, an ordinance to address Continuity of City Government during the pendency of a pandemic disaster. City Council Present. Mayor Mary Katherine Greenlaw. Vice-Mayor William C. Withers, Jr., Council members Kerry P. Devine, Dr. Timothy P. Duffy, Charlie L. Frye, Jr., Jason N. Graham and Matthew J. Kelly. Also Present. City Manager Timothy J. Baroody, City Attorney Kathleen Dooley, Police Chief Brian Layton and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Councilor Matthew J. Kelly followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. Report on Events Related to the May 31, 2020 Declaration of Emergency. City Manager Baroody offered history on what had recently unfolded recently in the City after the Killing of George Floyd in Minnesota. He said in order to protect the citizens he took Governor Northam’s lead in declaring an emergency the day after 20613 Regular Session 06/02/20 the Police Department was lit on fire. He said they were supporting the freedom of speech and he asked Chief Layton to offer more history. Chief Layton reported that it had been some hard couple days for the Police Department, residents and visitors. He said on May 31, someone fire bombed the police facility and that same day the City experienced four planned protest. Three of the protest went well. One protest that occurred was very large and they did not know it was going to be as large as it was and they went mobile on the sidewalks and after about ten minutes it grew so large it took to the streets and the police were not prepared to block the streets. He said there was dangerous behavior with them walking in the wrong direction on the streets. The group went to Route 1 and shut down lanes and they proceeded south on Route 1. Chief Layton said they were not sure where they were headed and several of the nearly 300 were getting agitated and they headed toward the police department and they tear gassed the protesters. He said they were scared that they were coming to finish the job that occurred earlier in the morning. The police declared an unlawful assembly and they headed back downtown. The next day a curfew was put into place so that what occurred the night before would not happen again. He said there was no enforcement of the curfew until 1 ½ hours to 2 hours after it had passed. There were 20 arrests and all were released on summons. Chief Layton noted that there was some vandalism but there were many well behaved people in the group but there were agitators in the group as well. Chief Layton said they were facing many challenges with the large protest. He said there had been lawlessness in the protest. There was more protest planned and they were working with a community member who reached out and asked for the police department’s 20614 Regular Session 06/02/20 help and he said this would help to create unity between the police, City government and the protestors. Councilor Graham asked for an explanation on what happens when law enforcement from other jurisdiction come to aid the City and what was the chain of command. Chief Layton explained that when they call for mutual aid they are specific about what they need. Those that come report to the incident command post and the incident commander, from the City, is in charge of anyone who comes to assist the City. Councilor Devine asked to Chief Layton to elaborate on the measures that were or were not used. Chief Layton said they used tear gas and they also deployed rubber ball grenades. The grenades are thrown on the ground and it deploys small rubber ball and a noise that strikes below the knees. This device is used to encourage protestors to leave but they are not intended to hurt anyone. Councilor Devine said she wanted to dispel the rumors that police shot rubber projectiles. Chief Layton said there have been no injuries throughout the protest. He said they will do their best to work with the protesters although there were challenges. Councilor Kelly said he was happy to hear that there was dialogs going on and he said there was a lot of inflammatory information and name calling going on and he was happy to hear they were working on it. Councilor Kelly said their seemed to be some understanding from all sides that everyone needed to step back a little. He also noted that the City’s Police Department was well trained and has had few issues and those few were dealt with properly. Councilor Kelly also noted that most of the protesters had been acting properly. He said there needed to be discussions and he asked the public to take a breather so that they could come together to discuss. 20615 Regular Session 06/02/20 Councilor Frye said he reached out to one of the gentlemen whom he thought was trying to organize. He told him there was a better way to get involved and he thought they may be the group that had reached out to the Police Department. Councilor Frye clarified that there had not been any incidents in the City. He believes many of the protester may believe there have been incidents here. Vice-Mayor Withers said everyone on the Council and the staff was here to work for a better City. He said he was in support of peaceful protest and he asked those who want to protest peaceful to get away from those who want to cause problems and let them stand alone. Dr. Duffy asked if the public would have access to the videos and asked what affect the vandalism to the fallen police officer’s memorial has had on staff. Chief Layton said the videos would be made available. He said the vandalism to the memorial struck them to the core he said it was an attack on the Police Department. Chief Layton said those officers were heroes. He said the police officers would continue to be the professionals they have been trained to be. Councilor Duffy said it was important for the city government to lean into the protest and support the free speech and the Black Live Matter movement. He said this was a way for the City to come together and he would be willing to review any policies that may have caused the City to use the tear gas. Mayor Greenlaw said majority of the citizens believe that the primary goal of the Police Department was to keep everyone safe including the protesters. She said the City recognizes the passion and they want to be sure it is expressed in a safe manner. She noted that the Police Department has had a good record with races and it was recognized in a letter 20616 Regular Session 06/02/20 from the NAACP. Mayor Greenlaw noted that the police has had more officers active in the community and would continue to do so. Resolution 20-41, Approved, Confirming the City Manager’s Declaration of a Local Emergency and Ratifying Emergency Orders #2 and #3 in Response to Civil Unrest (D20-185 thru D20-187). Councilor Graham made a motion to approve Resolution 20-41, confirming the City Manager’s Declaration of a Local Emergency and ratifying Emergency Orders #2 and #3 in response to civil unrest; motion was seconded by Vice-Mayor Withers. Councilor Kelly clarified that this action was for the protection of everyone, the protester, the police officers, the residents and visitors because some have looked at it as a punitive effort. The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Resolution 20-42, Approved, Fredericksburg City Council Message to our Community (D20-187.1). Clerk of Council Lacey read into record the following resolution: On May 25, George Floyd was killed by Minneapolis police officers while in their custody. He was just the latest black person to die at the hands of law enforcement, joining a horrifically long list of Americans who have suffered similar fates. Americans nationwide are justifiably angry and frustrated, and they have taken this anger to the streets in protest. City Council shares that outrage and joins with protesters in their calls for justice. Fredericksburg’s vision for our City is to be a city that works for everyone, a community where the people are writing the next chapters of Fredericksburg’s history. Those chapters are being written now, by 20617 Regular Session 06/02/20 protesters, by residents, by every member of this community. We began a robust and engaged community dialogue in 2017, where hundreds of community members sat together to tell the story of the City, a complete story that recognizes the many significant local African American contributions. We look forward to writing the next chapter of our story in a way that reflects our mutual and strong desire for justice for all, equality, respect, and peace. The City Council calls upon the Fredericksburg community to exercise patience and understanding, and to show compassion to one another at this time. We must listen to each other. We are one community. We are in this together. Fredericksburg united will prevail through this period of unrest, as we have prevailed in the past. Therefore, the City Council hereby resolves that: • We join the community in condemning acts of violence by law enforcement against black people; • We recognize that the expression of public concern is the essence of democracy and a caring populace, and we continue to support peaceful and meaningful demonstrations in our community. • We call on the Fredericksburg to come together, to listen to one another, and to write justice, equality, respect, and peace into the future of the City. • We pledge ourselves to this continuing experiment in self-governance, and we recognize the role of peaceful protest as an essential element of our democracy. Mayor Greenlaw made a correction to the 3rd bullet and stated it should read, We call on the “Citizens of” Fredericksburg to come together, to listen to one another, and to write justice, equality, respect, and peace into the future of the City. Councilor Kelly made a motion to approve Resolution 20-42, Fredericksburg City Council message to our community; motion was seconded by Councilor Graham. 20618 Regular Session 06/02/20 Councilor Frye said he was looking forward to seeing how everyone could work together and start a community dialog so that the Council could hear more for everyone. Councilor Duffy said he would like to add the language “love each other” in the third paragraph after listen to each another. He also said he would like the phrase “Black Lives Matter” added to the resolution. Councilor Frye suggested changing the title of the resolution to “Black Lives Matter” and Councilor Duffy was supportive to that. Mayor Greenlaw said the message needed to refer to the most recent events and she stated that Fredericksburg was a community where, all live matter, and every citizen was valued. Vice-Mayor Withers agreed and said there was a wide range of races in the City. Councilor Frye explained that every time someone says, Black Lives Matter, someone else says well all lives matter but he noted that if all lives matter why is there a continuous fight for black lives. He said whenever this statement is made it mutes the point that black lives matter. Councilor Frye says the reason they say Black Lives Matter is because they don’t feel like their lives matter and they feel they are harassed and killed because the color of their skin. He said if all lives matter, why are black people crying out for their lives. Councilor Graham said it could be powerful if the final bullet of the resolution said Black Lives Matter. Councilor Kelly stated that this is what makes Fredericksburg different, in this time in where everyone does not agree on something but we all can have a civil conversation. He said he does not have an issue adding this on the resolution. He said it was important to have a document that says what they are working towards even if they cannot reach it and maybe the next generation could achieve it. Councilor Frye said by adding it makes it a powerful statement in itself and he said it also makes a statement if the Council could all agree to add it. Mayor Greenlaw said it also 20619 Regular Session 06/02/20 reinforces the first bullet point and she said she now understands the significance of adding Black Lives Matter instead of saying we care about all citizens. Vice-Mayor Withers made a motion to pass Resolution 20-42 with the addition of the Black Lives Matter statement included; motion was seconded by Councilor Frye. Dr. Duffy was in agreement with what the Council was doing, he said this was a new phase of the Civil Rights Movement and he would be supportive. City Attorney Dooley identified the three edits to the proposed resolution the first being in the third paragraph which should read, The City Council calls upon the people of Fredericksburg to exercise patience and understanding, and to show compassion to one another at this time.; the next sentence should read, We must listen to each other and love each other; and third bullet, We call on the people of Fredericksburg to come together, to listen to one another, and to write justice, equality, respect, and peace into the future of the City; and the addition of a fifth bullet to read, “Black Lives Matter”. Vice-Mayor Withers accepted those changes as well as the seconder of the motion. The motion passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Withers, Devine, Duffy, Frye, Graham and Kelly. Nays (0). Councilor Graham reminded the protesters to make sure they wore mask because there was still an ongoing pandemic. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 4:15 p.m. 20620 Regular Session 06/02/20 Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20621 Regular Session 06/02/20 [This page intentionally left blank.] 20622