City Council

Regular Session 02/27/24 HON. KERRY P. DEVINE, MAYOR CITY OF FREDERICKSBURG, VIRGINIA HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR HON. JANNAN W. HOLMES, AT-LARGE CITY COUNCIL HON. DR. WILL B. MACKINTOSH, AT-LARGE HON. JASON N. GRAHAM, WARD ONE HON. JONATHAN A. GERLACH, WARD TWO HON. DR. TIMOTHY P. DUFFY, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 February 27, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, February 27, 2024, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine. Vice-Mayor Charlie L. Frye, Jr., Council members Dr. Timothy P. Duffy, Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. Others Present. City Manager Timothy J. Baroody, Assistant City Manager Mark Whitley, City Attorney Kathleen Dooley, Assistant City Attorney Dori Martin, Assistant City Attorney Kelly Lackey, Budget Analyst Donna Leahy, Special Assistant to the City Manager Brenda Martin and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Council was led in prayer by Vice-Mayor Charlie L. Frye, Jr. followed by the Pledge of Allegiance led by Troop 171 Chartered by Eastland United Methodist Church. Officer Recognized. Mayor Devine recognized the presence of Lieutenant Paul Dooley and Officer Bradley Anderson at this evening’s meeting. United Way Local Government Campaign Check Presentation. Special Assistant to the City Manager Martin presented Janel Donohue, President of the 22075 Regular Session 02/27/24 Rappahannock United Way (RUW) a check in the amount of $29,755. This was made possible form the City’s 11th annual United Way Golf fundraiser which raised $14,000 and $15,755 in pledges and donations from employees. Ms. Donohue thanked all the City employees and leadership that give to the RUW, she said because of them they are able to help those in the community. Virginia Passenger Rail Authority Update (D24-85) – Executive Director DJ Stadtler presented a PowerPoint presentation discussing: Virginia Rail Epicenter of the East; Virginia Rail Authority; Virginia Passenger Rail Network: 2024; Todays Constraints; What is transforming Rail in Virginia; Virginia-CSX Agreement; Northern Virginia Area Track Improvements; Long Bridge Area Overview: All passenger Trains Travel Over the Long Bridge; Long Bridge Project; Franconia Springfield Bypass, Fredericksburg Area Projects, Fredericksburg Station Improvements – VRE Led; Fredericksburg Station Improvements; Construction Corresponds with Future Service Expansion; Includes Late Nights and Weekends; I-95 Corridor Project Costs; Mayfield Community and Mayfield Community: Track Charts of CSX-Virginia Agreement. Councilor Graham said he was looking forward to increasing rail service. He asked about Phase three and four and whether that would increase the speed of the trains and Mr. Stadtler emphasized higher reliability and frequency, not higher speed. Councilor Mackintosh asked what three tracks would look like in the City and Mr. Stadtler said it was currently at zero percent design. He said it was important to have three tracks but it was also important to maintain the historical relevance of 22076 Regular Session 02/27/24 Fredericksburg and there are places where the track will be very tight. He said they have done work with CSX and they are confident it will fit. Vice-Mayor Frye asked if there were any plans to eliminate temporary propane tank storage in the area. Mr. Stadtler said it would be difficult to eliminate that as long as there are customers. He noted that the number has been reduced significantly. Vice- Mayor also expressed his concerns about a leak that had occurred one time before and the first responders could not get to it and Mr. Stadtler assured him that they have real focus on rail safety and first responders must have access. Consent Agenda Accepted for Transmittal as Recommended (D24- 86 thru D24-92). Councilor Gerlach moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). o Ordinance 24-01, Second Read Approved, Amending the License Tax (BPOL) Ordinance to Confirm Administrative Procedures to State Law (D24-86). o Resolution 24-12, Second Read, Approving a Re-allocation of American Rescue Plan Act Funds for Fiscal Year 2024 (D24-87). o Transmittal of the 3rd and 4th FXBGO! Quarterly Reports (D24-88). o Transmittal of the Board and Commission Minutes o Economic Development Authority – January 29, 2024 (D24-89). o Green Committee – January 9, 2024 (D24-90). o Planning Commission – October 11, 2023 (D24-91). 22077 Regular Session 02/27/24 o Planning Commission – November 8, 2023 (D24-92). Public Hearing. There was no scheduled public hearing. Citizen Comment. The following comments were given and/or submitted to be read during the citizen comment portion of this evening’s meeting. Susan Pates, 2010 Fall Hill Avenue – stated that there was a disconnect between the citizens and the government. She spoke about the Mary’s Landing townhomes project that that was proposed for the Canal Quarter Neighborhood. The City staff posted notices encouraging comments from the public. After speaking with staff about the project she said the Canal Quarter Neighborhood Association held a meeting inviting City staff, the developer and City Council Ward Representative Gerlach. The meeting was cordial and productive. Ms. Pates said this was a by-right project but there was a fundamental problem with the process and she said the Council has the power to correct it. She said there was not adequate notice of the project and there was not adequate time to provide meaningful comments. Libby Wasem, 1005 Albert Rennolds Drive, stated that life is about change and growth is going to come, but she said it was important that stakeholders who live near the changes be included in the process. She expressed concerns that it will be expensive to build in the City. She noted that it was harder to get money to build office buildings since COVID because the use of space has changed but she said there is money for building housing units. She read an article from The Week Magazine which stated that the home builders are building smaller homes because the cost of homes have become unaffordable. The median square footage for new construction homes fell by three 22078 Regular Session 02/27/24 percent last year, from 2098 to 2036. The article stated that while housing costs have reached record highs some builders are trying out smaller square feet options. She said nothing that’s being built her in the City is affordable and she is afraid that the City will continue to be elitist. She asked if the Planning department could look into more options and not accept what is being presented. She suggested development where the former Big Lots and Burlington Coat Factory used to be located. Ms. Wasem also suggested more senior housing. Robert Thomas, 809 Brompton Street – asked the Council to bring attention to the developments at Mary Washington Hospital, they are cancelling some of their community obligations such as the Moss Free Clinic. They now have to pay $500,000/year in rent. They are ending a lease to the daycare and the contributions to the meals on wheels’ program. He said the Mary Washington clinic is a non-profit institution and they don’t pay federal, state or local taxes and the citizens have to make up the burden. He suggested following the money to see where they put the money they save. He suggested the City Council commission an audit to find out. Savannah Roberts, 801 Lafayette Boulevard, Unit B – spoke to address transparency and accountability, community concerns, humanitarian concerns and a lack of recognition to fairness in local governance and services provided by the Fredericksburg City Council. She had several questions regarding the consent agenda items amending the license tax (BPOL) ordinance to confirm administrative procedures to State Law and the re-allocation of American Rescue Plan Act Funds for Fiscal Year 2024. Ms. Roberts also stated that the Council’s decisions affect more than the local 22079 Regular Session 02/27/24 community, but also has broader implications on the world stage. She said the Council’s lack of transparency and accountability was concerning to her because the Council was not addressing the University of Mary Washington students being doxed by the Canary Mission. She also addressed the humanitarian issue that was happening in Gaza as well as the injustices she felt were happening to the students in the City. Raymond Herlong (D24-93), 1009 Prince Edward Street, asked the Council to intervene in the Mary’s Landing project and the use of maker district zoning. He was of the belief that the project was not a by-right project and based on the Unified Development Ordinance it is a major subdivision. Mr. Herlong suggested that he Maker District process needed improvements. He said the Council has an opportunity to improve the way new development is addressed by: insisting staff follow the Procedures Manual and revisiting the Maker District zoning criteria in anticipation of development. See D24-93 for more information. Sue Sargeant (D24-94), 1318 William Street, stated that she attended the Fall Hill Avenue neighborhood meeting to hear City staff and the developers explain the Mary’s Landing project. She said there will be 63 townhomes and they will run about $600,000 each and she said there was no consideration given to the Americans with Disability Act accessibility. She also noted that there were no tot lots. Ms. Sargeant had a few concerns: the 12 trees on the property, traffic impact, the density, the re-drawing of the lot lines and the open space credit. See D24-94 for more information. Dana Herlong (D24-95), 1009 Prince Edward Street, spoke about the Mary’s Landing project with 63 townhomes and she stated this project was not a by-right 22080 Regular Session 02/27/24 project. She said according to the Unified Development Ordinance this project was a major subdivision. She said this project raised many questions and concerns and she asked the City to re-evaluate the permit determination of by-right and she asked why doesn’t this project meet the definition of a major subdivision. See D24-95 for more information. Mohammad Ali Hassan (D24-96), 1701 College Avenue, a student at the University of Mary Washington (UMW) who represents the UMW Students for Justice in Palestine and the larger UMW Coalition for Palestine. Mr. Hassan addressed the safety of Palestine students. He said they have been doxed and harassed repeatedly. He said the pro-Palestine students fear for their safety in neighborhoods and on campus. He said students looking for help from the university have been met with insufficient resources to reassure their safety. Kaiya Washington (D24-97), 1301 College Avenue, a student at the University of Mary Washington who represents the UMW Students for Justice in Palestine and the larger UMW Coalition for Palestine. She also wanted to address the safety of students at UMW and the City Council's failure to address urgent issues that are pertinent to the citizens and residents they serve. Ms. Washington stated that several students and citizens have experienced doxing and harassment that has not been properly addressed. She gave examples of hate crimes from other areas of the States and stated that pro- Palestine students fear for their safety. She asked the Council to support a cease fire in Gaza. See D24-97 for more information. 22081 Regular Session 02/27/24 Amirah Ahmed (D24-98), 1301 College Avenue, a student at the University of Mary Washington and the president and founder of the locals Students for Justice in Palestine. She is a Fredericksburg local and organizer. She spoke about events that are occurring in the news and she stated that several Fredericksburg students and community members have been doxed in recent months for their advocacy against genocide and they do not feel safe in the City. Ms. Ahmed asked the Council to support a cease fire in Gaza by passing a resolution of support. See D24-98 for more information. Council Agenda Presented. The following items were presented to Council for discussion. 8A. 2024 Sustainability Award – Councilor Duffy 8B. James Monroe High School Basketball – Councilor Duffy 8C. GWRC Survey – Councilor Holmes 2024 Sustainability Award – Councilor Duffy reported that this award is run by the Fredericksburg Clean and Green Committee and he highlighted that applications were on the website. He encouraged businesses and restaurant to apply for the award. This is the Clean and Green Committee’s way to support and promote green and sustainable economic development in the City. James Monroe High School Basketball – Councilor Duffy reported that the boys’ and girls’ basketball teams were having a great year. He said the boys were currently playing in the quarter finals State tournament and they were leading. He said they play an unselfish game with a tenacious defense led by Coach Chuck Ellis, a former JM student and basketball player. He congratulated the boys and everyone connected 22082 Regular Session 02/27/24 to the sports program. Councilor Duffy also recognized Tameka Christopher, coach of the girls’ program who received an award for district co-coach of the year. Vice-Mayor Frye noted that many of the kids used to be participants of the Midnight Madness program. He also noted that Coach Ellis has an amazing story himself and Coach Christopher is also the basketball coach for Walker-Grant Middle. Councilor Duffy mentioned that this was the first district title for the boys since 2012 and the first Region championship since 1972. George Washington Regional Commission Survey – Councilor Holmes encouraged all members of Council and staff that received the survey to complete it. The survey addressed where they want the direction of the City to go. Councilor Graham said it was important to make sure the City’s voice is heard. He noted that the GWRC is made up of five localities and their needs are not the needs of the City and everyone’s needs should be met in a regional approach and this is one way to make sure the City’s needs are included. Adoption of Minutes. Councilor Gerlach moved approval of the February 13, 2024, Regular Session minutes; motion was seconded by Councilor Holmes and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Ordinance 24-02, First Read Approved, Imposing a Collection Fee on Delinquent Taxes and Other Charges Referred for Collection, and Authorizing the Treasurer to Employ a Private Collection Agency or 22083 Regular Session 02/27/24 Attorney for Collections (D24-99). After a brief presentation and discussion Councilor Gerlach moved to approve Ordinance 24-02, on first read, imposing a collection fee on delinquent taxes and other charges referred for collection, and authorizing the Treasurer to employ a private collection agency or attorney for collections; motion was seconded by Councilor Graham and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). City Manager’s Report and Council Calendar (D24-100 thru D24- 101). City Manager Baroody directed the Council’s attention to the Manager’s Update: Fredericksburg Civil Rights Trail Added to U.S. Civil Rights Trail, New Wayside Panels Unveiled, We are One 22401 – Jose’s Story, March 5th Presidential Primary, Area 5 Community Meeting – February 24, Parks Planning Session, The City’s Celebration of Huntley Winning NBC’s “ The Voice”, It is Important to Keep Our Children and Loved Ones Socially Connected, 73rd Annual Fine Arts Show, Join the Fredericksburg Parks, Recreation & Events for our 2024 Earth Day Festival, We're Looking for Local Businesses and Non-Profits, The City of Fredericksburg Clean and Green Commission, Traffic Safety Initiative, Parks, Recreation and Events Spring and Summer Catalog is Available and Fred Focus. Closed Meeting Approved. Upon a motion Councilor Graham, moved approval to convene in closed session under Va. Code 2.2-3711(A)(8) for legal advice regarding City Council’s authority to sell, lease, or otherwise dispose of the City’s real 22084 Regular Session 02/27/24 property; motion was seconded by Councilor Duffy and passed by the following recorded votes. Ayes (7) Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Graham; seconded by Vice-Mayor Frye and passed by the following recorded votes, Council approved a return to an open meeting. Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-113, Approved, Certifying Closed Meeting (D24-102). Upon the motion Councilor Graham, approved Resolution 24-13 certifying the closed meeting; seconded by Councilor Devine and passed by the following recorded votes. Ayes (7) Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0) Adjournment. There being no further business to come before the Council at this time, Mayor Devine declared the meeting officially adjourned at 9:50 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 22085 Regular Session 02/27/24 [This page intentionally left blank] 22086