City Council

Public Hearing 07/14/20 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR CITY COUNCIL HON. KERRY P. DEVINE, AT-LARGE HON. MATTHEW J. KELLY, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. WILLIAM C. WITHERS, JR., WARD TWO HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 July 14, 2020 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, July 14, 2020, beginning at 8:22 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 Charlie L. Frye, Jr., Council members Kerry P. Devine, Dr. Timothy P. Duffy, Jason N. Graham, Matthew J. Kelly and William C. Withers, Jr. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Dori Martin, Community Planning and Building Services Director Charles Johnston, Senior Planner Michael Craig, Zoning Administrator James Newman, Budget Manager Brenna Erford, Fire Chief Mike Jones, Police Chief Brian Layton, Economic Development Director Bill Freehling, Business Development Manager Angela Freeman, Transit Director Jamie Jackson, Transportation Administrator Erik Nelson, Chief Information Officer Suzanne Tills, Deputy Clerk of Council Brenda Martin and Clerk of Council Tonya B. Lacey. 20685 Public Hearing 07/14/20 Notice of Public Hearings (D20-315 thru D20-325). The Clerk read the notice of the public hearings as they appeared in the local newspaper, the purpose being to solicit citizen input. Resolution Granting a Special Exception for an Accessory Dwelling Unit Located at 1306 Graham Drive (D20-315 thru D20-316). 1 speaker. Zoning Administrator Newman presented a PowerPoint presentation and he discussed the request, location, why accessory dwelling units, public comments, definitions, approval criteria, consistency with UDO, conformance with the Comprehensive Plan, Planning Commission decision, conclusion and staff recommendation for approval subject to conditions. Councilor Graham asked for clarification on what the changes would be and it was determined that it would be a change of a couple outlets and two or three appliances. Councilor Devine asked how Homeowner’s Association (HOA) and City ordinance work or don’t work together. Mr. New explained that in this instance this was sent to the President of Idlewild’s HOA and their attorney and it was determined that it was permitted, but in the case of a conflict between HOA’s and City Code the City Code is not bound to the rules and regulations set forth by an HOA. Councilor Devine asked if there was a sunset clause set, how it would work if it was tied to a particular family member. City Attorney Dooley stated that she would like to look into that further with Mr. James and the Building Code Official. She said the practical affect would be to permit the installation of the special electrical service that provides the connection for the refrigerator and stove and she would imagine that the sunset of the special use permit would require the removal of the special connection but she would like to follow up on this. 20686 Public Hearing 07/14/20 Councilor Devine questioned the definition of family and asked if the use continued passed the original person’s use, would it allow three additional unrelated persons to reside in the space. Mr. James explained that the two conditions states that together the occupancy of the principle dwelling and the accessory dwelling unit shall not exceed the definition of a family. This means there could not be one family upstairs and another downstairs. He said the accessory dwelling unit (ADU) would not allow more than what was already allowed by Code. Councilor Devine asked how it was enforced and Mr. Newman explained that when they receive a complaint they investigate, send a notice of violation, if they do not abate then they go to court and there are fines up to $7500. Councilor Kelly asked how many overcrowding citations had been issued and gone to court since July 2019. Mr. James there was one case where the resident went to jail due to previous violations and this year they have investigated seven to eight complaints several were baseless, two other cases were found in violation and they reached out to the landlords and staff would be going back to investigate to make sure they have complied. Councilor Kelly said he would like to have a discussion on how the City was going to deal with ADU’s in the future. Mr. Johnston said he would like to bring this back at the end of the year for discussion. Teri Coley, 1306 Graham Drive, thanked everyone for their work on this. She said this had been a grueling process. She said she was in need of this range for her mother because she was her primary caretaker. Ms. Coley said she would like her mother to have her own independent living space. She said she applied for this permit because she was a law abiding citizen and it allows for her to get a proper building permit. Ms. Coley said she could have installed it without anyone knowing but she wanted to do things the correct way. She asked the Council to please hear her concerns. She said she was not asking to allow 20687 Public Hearing 07/14/20 renters although she acknowledged that she had allowed renters in the past, but this was for her mother. Mayor Greenlaw noted that the public hearing was closed but comments would still be accepted through August 11, 2020. Resolution Amending the Comprehensive Plan to Update Chapter 11 Small Planning Area 5B and the Future Land Use Map for General Commercial Use (D20-317). Ordinance Rezoning Approximately 9.37 Acres of Land Along U.S. Route 1 from Commercial-Transitional, Residential-Mobile Home, and R-4 Residential to Commercial-Highway Conditional (D20-318 thru D20- 319). Ordinance Authorizing the Vacation and Quit-Claim of 1.52 Acres of Right-of-Way to JFH-Fredericksburg II, LLC, for the Cowan Station Development (D20-318 thru D20-319). 4 speakers. All three Cowan public hearings were discussed at the same time. Mr. Craig presented a PowerPoint presentation and he discussed existing conditions, Comprehensive Plan Amendment, proposed zoning map amendment – General Development Plan, proposed zoning map amendment – proffer statement, transportation network, proposed zoning map amendment – vacation of right-of-way and Planning Commission and staff recommendation. Councilor Withers asked staff to consider, no left turn from Spotsylvania Avenue onto William Street for safety reasons. He also noted that he likes the proposed intersection 20688 Public Hearing 07/14/20 alignment much better than the previous versions. Mr. Craig said the left hand turn was already something staff was looking into. Councilor Duffy said he shared the same concern with the left had turn on William Street. He asked Mr. Craig to explain what the College Heights concerns were with the second pedestrian access point. Mr. Craig explained that for people to walk there needed to be a system that had an ease of movement. Having as many connections as possible was a way to ensure that this piece of fabric was walkable and that is what they were pushing. The neighborhood concerns were with the impact on trees, adjacent property owners, and pedestrian connection resulting in parking problem but staff doesn’t see that arising. Councilor Kelly said to put two trails 50-60 yards apart was a bit much. He said he understands connecting to existing trails but to add additional entrances for an office park was not needed and he would have to side with the neighborhood and vote against that. Councilor Graham said he was in support of the trail entrances because this was an opportunity to get people out of their cars. He also said this was a way to show the City was prioritizing other modes of transportation, beyond driving. He also asked for an explanation on minimum versus maximum with parking spaces. Mr. Craig said there were 226 spaces proposed which is one per 230 square feet and the ordinance requires one per 300 square feet. The ordinance also has a maximum for a by-right project of 125% of the minimum required and the proposal is 130% minimum required. Councilor Graham said whenever there was an opportunity to prioritize trails over parking it should be done and he asked the applicant if there was a way to shave off some of the parking spaces to help with the City’s future Stormwater management needs. Jeh Hicks, 99 Wilderness Lane, Director of Community Relations at Jarrell Properties. Mr. Hicks thanked staff and others for working with them. He said they have 20689 Public Hearing 07/14/20 worked with the City and the neighborhood on all concerns. He said this project had resulted in a complete makeover and would offer the best possible use for the area. In reference to the trails, he said they were big fans of the trails but they were not wedded to one or two entrances. Mr. Hicks said they would do what was best for the City. He said there were options with the parking and they would consider them and address them at the August meeting. Councilor Devine mentioned biking, and she asked if there could be some enhancements for people using their bicycles. He said he believes there were five bicycle racks incorporated in the general development plan. Mayor Greenlaw thanked Mr. Hicks for working so hard with City staff to develop a project that will be beneficial to the City. Thomas Fines (D20-320), 1300 Rappahannock Avenue, spoke in support of the project provided his property and the adjoining neighborhood was protected. Mr. Fines said he did not feel the two trail heads were necessary. See D20-320 for more information. Juliet Dameron (D20-321), 1601 William Street, spoke about the two sewer backups she had and she was concerned that the increase in sewage from this development would impact her office negatively. See D20-321 for more information. College Heights Civic Association (CHCA) (D20-322), the CHCA generally supports the development but they had one issue with the additional footpath. They believe one footpath would be enough. They supported the Payne Street connection which goes directly to Route 1. CHCA stated that one footpath would minimize the destruction of trees and vegetation and lastly the second proposed trail head would enter between two houses and would be detrimental to the privacy of those property owners. 20690 Public Hearing 07/14/20 The public hearing was closed but public comments will be accepted through August 11. Resolution Supporting the Smart Scale Applications to the Virginia Department of Transportation (D20-323). No speakers. Mr. Nelson reported that the City of Fredericksburg proposed to submit four applications to the Virginia Department of Transportation’s Smart Scale program. The projects he proposed to submit were the Gateway Boulevard Extended project, U.S. Route 1 STARS – Route 3 off ramp signals/Spotsylvania Avenue intersection improvements, U.S. Route 1 STARS – Augustine Avenue intersection improvements and Idlewild Boulevard to VCR Trail – 900-foot trail, 70 foot bridge, and crosswalk at Kings Mill. The public hearing was closed but public comments will be accepted through August 11. Resolution 20-56, First Read Approved, Cares Act Budget Amendment for Fiscal Year 2020 (D20-324). After staff presentation Councilor Graham moved to approve Resolution 20-56, on first read, Cares Act budget amendment for Fiscal Year 2020; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes. Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Motion to Suspend the Rules. Councilor Graham moved to suspend the rule to place this item on second read; motion was seconded by Councilor Withers and passed by the following recorded votes. Ayes. Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Resolution 20-56, Second Read Approved, Cares Act Budget Amendment for Fiscal Year 2020 (D20-324). After staff presentation Councilor 20691 Public Hearing 07/14/20 Withers moved to approve Resolution 20-56, on second read, Cares Act budget amendment for Fiscal Year 2020; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes. Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Adjourned. There being no more speakers to come before the Council at this time, Mayor Greenlaw declared the hearing officially adjourned at 9:56 p.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20692 Regular Session 07/14/20 HON. MARY KATHERINE GREENLAW, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR HON. KERRY P. DEVINE, AT-LARGE CITY COUNCIL HON. MATTHEW J. KELLY, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. WILLIAM C. WITHERS, JR., WARD TWO HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 July 14, 2020 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, July 14, 2020, beginning at 7:30 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 Charlie L. Frye, Jr., Council members Kerry P. Devine, Dr. Timothy P. Duffy, Jason N. Graham, Matthew J. Kelly and William C. Withers, Jr. Also Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Dori Martin, Community Planning and Building Services Director Charles Johnston, Senior Planner Michael Craig, Zoning Administrator James Newman, Budget Manager Brenna Erford, Fire Chief Mike Jones, Police Chief Brian Layton, Economic Development Director Bill Freehling, Business Development Manager Angela Freeman, Transit Director Jamie Jackson, Transportation Administrator Erik Nelson, Chief Information Officer Suzanne Tills, Deputy Clerk of Council Brenda Martin and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Vice-Mayor Charlie Frye, Jr. followed by the Pledge of Allegiance led by Mayor Mary Katherine Greenlaw. 20693 Regular Session 07/14/20 Resolution 20-54, Approved, Authorizing the Mayor to Enter into a Contract with the Police Executive Research Forum to Conduct an Independent Review of the Events of May 31 through June 2 (D20-361). Assistant City Attorney Martin stated that based on the directive given by Council to bring in a third party for an independent review they conducted interviews with their colleagues in other jurisdictions who had been through similar processes. Staff also sought out recommendations from organizations that do this type of work and have the expertise the City needed. Ms. Martin said they also teamed up with Cynthia Hudson of the law firm Sands Anderson. Ms. Hudson had over 20 years’ experience in State and local government. She was the former City Attorney for the City of Hampton and she most recently served as Chief Deputy Attorney General for the Commonwealth. Ms. Hudson also had several years’ experience studying issues of equity in government. In 2017, she was appointed as the Co- Chair of the Governor’s Commission on Diversity, Equality and Inclusion and she is currently serving as the Chair to the Governor’s Commission to Examine Racial Equity in Virginia Law. Ms. Hudson briefed the Council on the top candidate for the third party review, Police Executive Research Forum (PERF). She said it was laudable for the City to take on this third party review. She said while this step is all about the Police it would not stay that way, it was a starting point in the equity plan that the City has crafted. The ultimate reckoning with equity would cause the City to look beyond the Police Department and look at every aspect of governing. She said PERF knows law enforcement and they had a track record. She said she worked with them under similar circumstances. PERF was data driven 20694 Regular Session 07/14/20 and they use that to give solutions. She said they not only use police data but community data and they put emphasis on community and they would speak with Fredericksburg’s voice. Ms. Martin said the team would be varied she said they went through a couple iterations to try to find the right balance for the City. The team consisted of a public policy expert who has Capitol Hill experience, a couple of research specialists, a criminologist and a former law enforcement officer. There were two with law enforcement backgrounds and the other four were civilians. Councilor Kelly said it was critically important that the community understands where the City was going with this and he asked for the community’s feedback. Ms. Martin explained that they would start with fact driven approaches, and come up with a timeline. They would then broaden and talk to the City Council, police, protest leaders, members of the community to put together a complete picture. PERF would also look at policies, procedures and the organization as a whole. They would hold community meetings and this would take six to eight months. Councilor Kelly also asked if the Citizens Advisory Panel (CAP) would be involved and Ms. Martin said they would be interviewed. Councilor Duffy asked how this review would help do more than just look at the narrow technical things that went right or wrong but what we have to do as a community to establish a modern resource. He would like this to allow the City to see a broader perspective and help chart a way forward that would allow big reforms moving forward. Ms. Hudson said the proposal puts forth the very substance Councilor Duffy described. She said it was two phased, first to get to the answers of what happened and second to determine if the City was practicing good policing in general. She noted that police reform was happening all over the state and local governments in tandem. 20695 Regular Session 07/14/20 Councilor Devine stated that this was something that will enhance the sense of community and she was excited about the meeting expectations of the community and learning from this. Vice-Mayor Frye added that the City was doing exactly what the community wanted and he credited the Council for being willing to tackling hot items. He also asked when the CAP investigation would be complete and available for the public. Mayor Greenlaw noted that the CAP investigation would be completed at the end of July but it was independent from this third party investigation. Councilor Withers said he was in full support of the outside investigation but added that it was important for everyone to know that the Council knows the Police Department well and the community service they do and he knows they would welcome this investigation and the things they could improve on. He said he was not minimizing what happened to the protesters but he wanted to focus on the work of the Police Department. Mayor Greenlaw said this starts at the Police but goes deeper than that when talking about racial bias and racial injustice. She said the Police Department had worked hard to get itself nationally accredited, extending its trainings and it has shown that they are constantly improving themselves. Mayor Greenlaw said this team was a varied group of people. Councilor Graham made a motion to approve Resolution 20-54, authorizing the Mayor to enter into a contract with the Police Executive Research Forum to conduct an independent review of the events of May 31 through June 2; motion was seconded by Councilor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). Resolution 20-55, First Read Approved, Amending the Fiscal Year 2021 Budget to Use $125,000 of General Fund Contingency for a Special 20696 Regular Session 07/14/20 Investigation of the Police Department Response to Mass Demonstrations in the City (D20-361). After staff presentation Councilor Withers made a motion to approve Resolution 20-55, on first read, amending the Fiscal Year 2021 budget to use $125,000 of General Fund Contingency for a special investigation of the Police Department response to mass demonstrations in the city; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). Resolution 20-55, Second Read Approved, Amending the Fiscal Year 2021 Budget to Use $125,000 of General Fund Contingency for a Special Investigation of the Police Department Response to Mass Demonstrations in the City (D20-361). Councilor Graham made a motion to approve Resolution 20-55, on second read, amending the Fiscal Year 2021 budget to use $125,000 of General Fund Contingency for a special investigation of the Police Department response to mass demonstrations in the city; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). Coronavirus (COVID-19) Update. Chief Mike Jones reported that there was a slight increase in cases throughout the Commonwealth especially in the Hampton Roads and eastern region of the State. In the Rappahannock Area Health District, the numbers were running less than the State levels. There were less than 20 people in the hospital and only 20 new reported cases since the last reporting period. There had been an increase in the number of deaths. The total increased to 46 deaths and most of those were in the Spotsylvania long term care facility. 20697 Regular Session 07/14/20 Chief Jones also reported that testing had increased and the positivity rate was 5.4% which was below the State’s 7%. The age group had reduced and the higher percentage was in the 30-39 and the 20-29-year-old age groups. Hospitalization had increased throughout the Commonwealth but the number of beds were still in good shape. Public Hearing (D20-315 thru D20-325). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. The following comments were submitted to be read during the citizen comment portion of this evening’s meeting. Reid Schattgen (D20-326), 3702 Winding Hollow Drive, requested there be an external review of the tear gassing events that took place the week of May 31. He also requested the charges be dropped against the non-violent curfew offenders. See D20-326 for more information. Gabriel Huff (D20-327), 1501 Charles Street, expressed his disappointment in the treatment of the protesters and how the police handled the arrest of Rayshawn Crawford. He demanded open public community oversight of the police in the form of a Community Oversight Board. See D20-327 for more information. Elizabeth Scott (D20-328), 524 Charlotte Street, expressed her disappointment in the lack of support for public safety. She said the community had been overrun by lawless individuals who have made a mockery of the Fredericksburg Police Department and she said the Government had tied the hands of the law. She referred the Council to the independent review of the 2017 Protest Events in Charlottesville, VA. See D20-328 for more information. Daniel Zim (D20-329), 9737 Hidden Valley Road, Vienna, VA 22181, spoke in support of the name change of Jefferson Davis Highway and he stated that he had a petition 20698 Regular Session 07/14/20 supporting the name change and it had 4700 signatures. He also gave the deep dark history associate with the construction of Jefferson Davis Highway. See D20-329 for more information. Sarah Appleby (D20-330), 1115 Winchester Street, asked the Council to submit the original resolution to the Commonwealth Transportation Board allowing them to change the name of Jefferson Davis Highway. She did not want the responsibility to be in the hands of the Virginia General Assembly. See D20-330 for more information. Julie Lee Kay (D20-331), 1616 Franklin Street, Co-Founder of Fossil Fuel Fredericksburg stated there was no time to waste on the future of our planet. She offered three budget savings and educational actions that the Clean Energy Subcommittee and Fossil Fuel Fredericksburg would like to see included on future agendas and for discussion at the Council Fall Retreat: hire a sustainability person, pursue Power Purchase Agreements and add an environmental section to the city’s website. See D20-331 for more information. Ernest Ackerman (D20-332), 1300 College Avenue, stated that Jefferson Davis Highway does not fit our current culture and does not move the City forward. He suggested naming the highway The Loving Highway. See D20-332 for more information. Christie Carver (D20-333), 111 Caroline Street, urged the Council to sell any military equipment that had no place in the community and improve the pay of police officers. She also asked that the charges be dropped for all protesters. See D20-333 for more information. Nellie Brady (D20-334), Prince Edward Street, requested a firm date be set for an outside review of the events that took place on May 31 and she wanted all charges dropped on the protesters. Ms. Brady also suggested the City investigate broader racial inequality in the City’s law enforcement. See D20-334 for more information. 20699 Regular Session 07/14/20 Matt Bailey (D20-335), 1001 Cadmus Drive, requested a firm date be set for an outside review of the events that took place on May 31 and he wanted all charges dropped on the protesters. Mr. Bailey also suggested the City investigate broader racial inequality in the City’s law enforcement. See D20-335 for more information. Rebecca Heth (D20-336), 210 Mount Pleasant Drive, Locust Grove, 22508, requested a firm date be set for an outside review of the events that took place on May 31 and she wanted all charges dropped on the protesters. Ms. Heth also suggested the City investigate broader racial inequality in the City’s law enforcement. See D20-336 for more information. Skylar Boardley (D20-337), 55 Maple Street, Atlanta, GA, 30314, requested a firm date be set for an outside review of the events that took place on May 31 and she wanted all charges dropped on the protesters. Ms. Boardley also suggested the City investigate broader racial inequality in the City’s law enforcement. See D20-337 for more information. Cate Hazel (D20-338), 301 Caroline Street, requested a firm date be set for an outside review of the events that took place on May 31 and she wanted all charges dropped on the protesters. Ms. Hazel also suggested the City investigate broader racial inequality in the City’s law enforcement. See D20-338 for more information. Caitlin Crandall (D20-339), 1201 Dunes Street, requested a firm date be set for an outside review of the events that took place on May 31 and she wanted all charges dropped on the protesters. Ms. Crandall also suggested the City investigate broader racial inequality in the City’s law enforcement. See D20-339 for more information. Haley Gilday (D20-340), 9911 Bethwood Drive, 22407, spoke about the wrong doing that occurred during the Tara Durant 911 call and she stated that the tear gassing events that occurred were unlawful. See D20-340 for more information. 20700 Regular Session 07/14/20 Ethan Green (D20-341), 109 Hunt Lane, stated that due to the publicity of the Tara Durant 911 call drew a false narrative that was created about Antifa Mobs and terrorists running rampart in the City. He also stated that the Facebook post by Sarah Kirkpatrick was biased and supported the false narrative. See D20-341 for more information. Adam Lynch (D20-342), 1108 Sophia Street, stated that the City should submit a resolution to the Commonwealth Transportation Board supporting the name change of Jefferson Davis Highway. He supported naming it Loving Highway. See D20-342 for more information. Katie Blashford (D20-343), 1409 Franklin Street, stated that he heard the City had spent $250,000 on demonstrations and she said the cost-to-benefit seemed irrational in a City where workers have been furloughed and others fired or laid off. She said she would like to see more resources spent on programs such as Head Start. See D20-343 for more information. Tony Durso (D20-344), Carolina Court, 22408, stated that due to the publicity of the Tara Durant 911 call drew a false narrative that was created about Antifa Mobs and terrorists running rampart in the City. He also stated that the Facebook post by Sarah Kirkpatrick was biased and supported the false narrative. See D20-344 for more information. Karen Hyland (D20-345), 201 Caroline Street, urged the City Council to change the name of Jefferson Davis Highway and not pass the responsibility on to the General Assembly. See D20-345 for more information. Andrew Kolar (D20-346), 1428 Royston Street, stated that he did not think a one percent budget cut in the Police and Sheriff’s department was enough. See D20-346 for more information. 20701 Regular Session 07/14/20 Robert Lamb (D20-347), 9634 Sandy Lane Drive, 22580, supported leaving the name Jefferson Davis Highway because he was a remarkably accomplished American. See D20-347 for more information. Alex Weathersby (D20-348), 213 Farrell Lane, spoke in support of changing the name of Jefferson Davis Highway. See D20-348 for more information. Janet Watkins (D20-349), 1206 Walker Drive, expressed her concerns about the City Police Department’s response to protesters and the importance of a transparent examination of their response. She also urged the City to counter the false image that the City may be unsafe because of protest and she would like to see a series of steps taken to build trust and promote progress towards equity and justice. Ms. Watkins also spoke in support of changing the name of Jefferson Davis Highway. She suggested the City immediately ask the Commonwealth Transportation Board to change the name and not wait on the state legislature to change it. See D20-349 for more information. Kateri Eastman (D20-350), 312 William Street, expressed concern for what she called open biases displayed by the government. She said the video released by the Police addressing the Tara Durant 911 call was one factor that shows an even brighter light on the biases. Ms. Eastman said the police endangered citizens with their refusal to dispel false narratives and this also hurt local businesses. See D20-350 for more information. Teresa Eastmen (D20-351), 213 Farrell Lane, spoke of her disappointment with the Police Department for their failure to protect the reputation of the peaceful protesters. She said a false narrative was created about Antifa Mobs and terrorists running rampant in the City and the City and Police failed to set the record straight. See D20-351 for more information. 20702 Regular Session 07/14/20 Mike Carmody (D20-352), 1104 Charles Street, spoke in support of changing the name of Jefferson Davis Highway and he said although Loving Highway was an outstanding name, anything would be better than the current. See D20-352 for more information. Will Macintosh (D20-353), 905 Mortimer Avenue, urge the City to pass a resolution urging the Commonwealth Transportation Board to change the name of Jefferson Davis Highway. He said he did not want the City to wait on the General Assembly to make the change. See D20-353 for more information. Charlie Sharpless (D20-354), 1613 Sunkin Road, urged the Council to vote against the contract with Police Executive Research Forum (PERF) because he was not comfortable with who the research professionals would be. He suggested the team be selected with consultation of the community. See D20-354 for more information. Alex Caphaw-Taylor (D20-355), Springwood Drive, spoke in support of renaming Jefferson Davis Highway. She said she was disappointed to hear that the city would be sending the decision to Richmond and she urged the City to send a resolution to the Commonwealth Transportation Board instead. See D20-355 for more information. Julian Stebbins-Sharpless (D20-356), Sunkin Road, requested the City delay selecting the Police Executive Research Forum (PERF) to carry out the external review. He said they appeared to be biased towards law enforcement agencies and he suggested the City consider Law Enforcement Action Partnership Organization or Professor Lopez from Georgetown Law School. Mr. Stebbins-Sharpless also spoke of the responsibility of the City manager to protect all citizens of Fredericksburg. See D20-356 for more information. Motion to Suspend the Rules. Councilor Kelly made a motion to suspend the rule to meet past 11:00 p.m.; motion was seconded by Councilor Devine and passed by the 20703 Regular Session 07/14/20 following recorded votes. Ayes (6). Councilors Greenlaw, Devine, Duffy, Graham, Kelly and Withers. Nays (1). Vice-Mayor Frye. Amanda Stebbins (D20-357), 1613 Sunkin Road, said she was excited to see the external review of the law enforcement response to the demonstrations that occurred May 31 through June 2 on the agenda but she said it lacked community input as an integral component of the board. She said those members selected did not go far enough to provide the perspective from those in the community who were affected. See D20-357 for more information. Elizabeth Kuvinka (D20-358), 1102 Wright Court, spoke in support of changing the name of Jefferson Davis Highway. She spoke of her disappointment when she heard the City may send this decision to the General Assembly. See D20-358 for more information. Jean Concepcion (D20-359), 33 Seneca Terrace, expressed his concerns with renaming Jefferson Davis Highway. He was concerned with the precedent it would set and the cost of this action. See D20-359 for more information. Council Agenda Presented. The following items were presented to Council for discussion. 7A. Resolution 20-57, Changing the Name of Jefferson Davis Highway – Councilor Devine 7B. Road Map/Citizen Advisory Panel – Mayor Greenlaw 7C. Clear Memo – Councilor Devine 7D. Environmental Issue – Councilor Devine 7E. Birthday Recognition – Councilor Devine 20704 Regular Session 07/14/20 Resolution 20-57, Changing the Name of Jefferson Davis Highway (D20-360). Councilor Devine made a motion to approve Resolution 20-57, changing the name of Jefferson Davis Highway; motion was seconded by Councilor Duffy. Councilor Graham proposed an amended motion to include the language “should the General Assembly not vote to change the name of Route 1 by the end of their 2021 General Assembly regular session the City of Fredericksburg resolves to change the name on its own”. The maker of the motion, Councilor Devine accepted the amendment. Councilor Kelly read a statement from Virginia Department of Transportation stating that Fredericksburg had the authority to change the name of Jefferson Davis Highway without the approval of the Commonwealth Transportation Board. He said this was a great opportunity to have community discussion before any action was taken. Councilor Kelly made a substitute motion to schedule a public hearing before taking a vote. Motion failed due to the lack of a second. Councilor Duffy said the City was in a different place than it was in a few years ago. He said the Confederates lost the war and Americans have spent generations winning the peace. The freedom that was born out of that conflict has built a new type of racial injustice. He said the name was a symbol that was against the freedom movement. He said the kind of change needed to be made so that people of color do not have to live in a place that celebrates monuments of their oppression. Vice-Mayor Frye stated that he was not interested in hearing form a bunch of people who wanted to keep the name Jefferson Davis Highway. He said this was getting in front of the issue. The amended motion passed by the following recorded votes. Ayes (6). Councilors Greenlaw, Frye, Devine, Duffy, Graham and Withers. Nays (1). Councilor Kelly. 20705 Regular Session 07/14/20 Road Map/Citizen Advisory Panel (D20-362). Mayor Greenlaw called on City Manager Baroody to present this item. Ms. Tills gave an update on the work accomplished to date on the Response and Recovery Plan – Call to reform to address racial inequality and race discrimination that Council adopted on June 23. The adopted plan was organized by time, what needed to be done in order of sequence. Some tasks occurred over all three phases. There were five distinct work packages or goals and these work packages identified additional key steps that were needed. Although these additional steps were added the original plan was preserved. The five work packages are: Ensure that the safety of demonstrators and the public remains a top priority; Develop Communications Plan in cooperation with the following stakeholders: the public, businesses, city staff and Council; Assess law enforcement response to demonstrations and identify criminal justice reform proposals; Community Engagement and Address racial inequality through strategic planning and goals setting. (See D20-362 for more information). Councilor Devine stated this was an incredible roadmap that helps to dive into what needed to be done. She said this plan brings people together to get things done. Councilor Withers said he hoped the City appreciates the professional staff they have working for them. Mayor Greenlaw said these were actionable items that could be achieved. Chief Layton gave an update on the Citizen Advisory Panel (CAP). He said they had been meeting regularly to look at a charter because they did not have a formal charter. They also wanted to increase membership on the CAP from six to nine. They said they were looking for greater community representation to include younger members, members from the business community, racial, social and economic justice associations. They were also 20706 Regular Session 07/14/20 looking at creating a chair and vice-chair, which will change annually. He said they would like to continue as advisors to the Chief of Police and continuing doing what they have been doing which is looking at department policies, learning about specialty teams, reviewing arrest statistics, use of force statistics, response to resistance and other significant events. They will be discussing recruitment of new members and onboarding of new members at their next meeting. Chief Layton also reported that the Police Department would be holding an informational event on July 29 at James Monroe High School. He said they would be highlighting things the Police Department had done to become the professional department they are and they plan to hold these periodically. CLEAR Memo (D20-363). Councilor Devine said CLEAR stands for Climate, Environment and Resiliency team. She stated that the Council had received an email on July 6 and she would like the Council to consider some of the topics at Council’s October retreat. There were five basic goals: Land and Water Conservation, Sustainability Director, Comprehensive Climate Plan, Renewable Energy and Food Security. Environmental Issue. Councilor Devine announced that there would be another solarized program for citizens. She said there would be group purchasing available for roof top solar panels. She noted that the Brisben Center had been outfitted with solar panels for two months and the only fees they have incurred were administrative fees. She also thanked Rick Taylor and others for the Love Scrub program. Birthday Recognition. Councilor Devine gave a shout out to Art Silber for his 80th birthday which was being held at the stadium. Mayor said he celebrated his birthday by giving out scholarships to students. 20707 Regular Session 07/14/20 Consent Agenda Accepted for Transmittal as Recommended (D20- 364 thru D20-371). City Attorney Dooley reminded the Council that item 11B had been moved to the Consent Agenda. Councilor Kelly moved approval of the City Manager’s consent agenda as amended; motion was seconded by Councilor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). • Transmittal of the Wall of Honor Nominations – Jerry H. Brent, O’Neal Mercer, Robert C. “Hotsy” Moore, and Josiah Rowe (D20-364). • Transmittal of Boards and Commission Minutes o Business Assistance Committee – May 28, 2020 (D20-365). o Economic Development Authority – May 11, 2020 (D20-366). o Economic Development Authority – May 20, 2020 (D20-367). o Planning Commission – March 11, 2020 (D20-368). o Planning Commission – June 17, 2020 (D20-370). o Planning Commission/City Council – June 10, 2020 (D20-371). • Resolution 20-58, Authorizing the City Manager to Execute the Sub-Recipient Agreement and Related Documents – Federal Transportation Administration Section 5307 Grant Funds (FRED Transit) (D20-374). Adoption of Minutes. Councilor Graham moved approval of the June 9, 2020 Regular session and the June 10, 2020 Public Hearing minutes; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly, Withers. Nays (0). 20708 Regular Session 07/14/20 Council Appointments to Various Boards and Commissions (D20- 372). Council Devine moved to accept the Boards and Commissions appointments as listed below; motion was seconded by Councilor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Board of Social Services – Councilor Duffy Central Rappahnnock Regional Library – Councilor Devine Community Policy Management Team – Mayor Greenlaw Fredericksburg Area Museum – Councilor Kelly Fredericksburg Arts Commission – Councilor Devine and Graham Fredericksburg Clean and Green Commission – Councilor Devine Fredericksburg Regional Alliance – Mayor Greenlaw and Councilor Duffy George Washington Regional Commission/Fredericksburg Area Metropolitan Planning Organization – Councilors Kelly and Graham Housing Advisory Committee – Vice-Mayor Frye and Councilor Graham Main Street Board – Mayor Greenlaw Parking Advisory Committee – Councilors Duffy and Withers Rappahannock Area Agency on Aging – Mayor Greenlaw Rappahannock Juvenile Detention – Assistant City Manager Whitley and Vice-Mayor Frye, Alternate Rappahannock Regional Solid Waste – Councilors Kelly and Withers Rappahannock River Basin – Councilor Withers Recreation Commission – Councilor Duffy Regional Group Home Commission – Councilor Duffy 20709 Regular Session 07/14/20 Town and Gown – Councilors Duffy and Withers Virginia Railway Express Operations Board – Councilor Kelly and Councilor Graham, Alternate School Working Group – Mayor Greenlaw and Councilor Kelly Schools Enrollment Capacity Taskforce – Councilors Devine and Graham Resolution 20-59, Approved, Appointing Council Members to the Potomac and Rappahannock Transportation Commission (D20-372). Councilor Kelly made a motion to approve Resolution 20-59, appointing Council members to the Potomac and Rappahannock Transportation Commission; motion was seconded by Councilor Withers and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). Resolution 20-60, Approved, Adopting Two Small Business Assistance Programs Using CARES Act Funding (D20-373). After a brief staff presentation Councilor Kelly said he would like to also assist with the Main Street social media program and he would like to take the money out of the marketing budget. Councilor Graham made a motion to approve Resolution 20-60, adopting two small business assistance programs using CARES Act Funding and amending the funding to include assistance to the Main Street social media program; motion was seconded by Councilor Devine and passed by the following recorded votes. Ayes (7). Councilors Greenlaw, Frye, Devine, Duffy, Graham, Kelly and Withers. Nays (0). City Manager’s Report and Council Calendar (D20-375 thru D20- 376). City Manager Baroody directed the Council’s attention to the Manager’s Update: Love 20710 Regular Session 07/14/20 Scrub 2, Chatham Bridge Closure, Upcoming Council Meetings, Census 2020, COVID-19 (Coronavirus), Where to Buy Face Coverings in FXBG and Fred Focus. Adjournment. There being no further business to come before the Council at this time, Mayor Greenlaw declared the meeting officially adjourned at 12:00 a.m. Mary Katherine Greenlaw Mary Katherine Greenlaw, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, CMC 20711 Regular Session 07/14/20 [This page intentionally left blank.] 20712