City Council

Public Hearing 06/11/24 HON. KERRY P. DEVINE, MAYOR HON. CHARLIE L. FRYE, JR., VICE -MAYOR, WARD FOUR CITY OF FREDERICKSBURG, VIRGINIA 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 June 11, 2024 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, June 11, 2024, beginning at 7:31 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 Kelly J. Lackey, Planning and Building Services Director Charles Johnston, Principle Planner Michael Craig, Zoning Administrator Kelly Machen, Deputy Police Chief Betsy Mason, Captain Crystal Hill, Budget Analyst Donna Leahy, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D24-242 thru D24-254). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. Ordinance 24-12, Second Read, Amending Unified Development Ordinance Table 72-40.2, Use Table, to Permit Fire and EMS Stations in the Residential R-2 Zoning District with a Special Use Permit (Public Hearing 22169 Public Hearing 06/11/24 only-no action) (D24-242 thru D24-243). no speakers. Staff gave a brief presentation and they explained that due to an error in the advertisement they would like to leave the public hearing open until June 25. There being no further discussion Mayor Devine held the public hearing open. Ordinance 24-16, First Read, Amending the Generalized Development Plan and Proffered Conditions for the Mary Washington Hospital Planned Development-Medical Center Zoning District (D24-207 thru D24-244 thru D24-254). 15 Speakers. Zoning Administrator Kelly Machen presented a PowerPoint presentation and in the presentation she talked about the Issue; Planning Commission; City Council Work Session; Parcel Boundary; Background; Existing GDP; Proposed GDP; General Development Plan Existing Conditions; General Development Plan Proposed Conditions; Comprehensive Plan; Unified Development Ordinance; Proffers; Historic Resources; Public Facilities & Fire Safety; Transportation; Environmental; Phasing; Conclusion & Recommendation. Bruce Davis, 6161 Coventry Court, 22553, Chairman of the Board of Trustees for Mary Washington Healthcare said the greater Fredericksburg region has tripled in size over the past three decades. Mary Washington Healthcare has lead community efforts for decades to plan for the current and future healthcare needs of this area and the greater region. Mr. Davis said he was impressed with the process used to gather large amounts of community stakeholders input to identify the healthcare needs of the area and how community organizations and Mary Washington Healthcare work hard 22170 Public Hearing 06/11/24 collaboratively to address those needs. He said having knowledge of this process would make it clear why it is important that Mary Washington Healthcare be allowed to proceed with their plans. Mr. Davis said upon approval of the rezoning request Mary Washington Healthcare will work with the KinderCare to ensure a new modern day care is constructed and open to all the families who currently use KinderCare service. He said there would not be any lapse from the time the old center closes to when the new one open. Senior Vice-President Erik Fletcher presented a PowerPoint presentation and he discussed: Identifying Community Health Needs; Community Health Needs: Mental Health; Community Health Needs: Affordable Housing; Community Health Needs: Access to Care; MWHC Graduate Medical Education Positions; MWH Campus Map; Daycare: Access & Construction Mitigation: Snowden Renovations; Continued Pursuit of Quality Care; Continued Support: 2022; Economic Impact and Summary. Mr. Fletcher introduced one of their residence Dr. Ann Baitwan, 1900 Ashford Circle, she is one of 20 residences that joined Mary Washington Healthcare’s graduate Medical Education Program. She said she selected Mary Washington for her residency training because she was looking for a community hospital near a larger city. She said the leadership was welcoming and supportive of their goals. She said she and many of her peers were looking to continue practicing in the area. Dr. Baitwan said as a resident she was excited about the education space. Councilor Mackintosh expressed concern with the lack of ability to make a left hand turn onto Eagle Village Drive because it forces drivers to make a u-turn. He asked if 22171 Public Hearing 06/11/24 it would be possible to construct a left over the median at the Eagle Village Drive intersection. This would allow left hand turn movements out of Eagle Village Drive northbound onto Sam Perry Boulevard Southbound and then close the median driveway entrance at Snowden of Fredericksburg. He said he would like to make it so that Eagle Village Drive could become a publically owned street. Mr. Baroody said staff tried to advance some of this and he reported that they had conversations with Mary Washington Healthcare and they suggested that they were open to much of what Councilor Mackintosh suggested in exchange for a reduction in access to prevent conflicts at the Snowden Center. Councilor Graham asked where the closest FXBGo would be and he was told at the main entrance of Mary Washington. He also asked if the Hospital had given any thought to swapping the parking lot and the clinic building, moving the parking to the back of the building. He said it would make it safer for the patients and the employees. Councilor Holmes was appreciative of the hospital being a partner and she was appreciative that there would not be any lapse in daycare. She did express concern about the proximity fee that would be charged to residents when they go to the doctor. Mr. Fletcher explained that there would be new clinical office space and there would be specialist clinics that are hospital departments. He said with hospital departments are held to a higher standard, and this fee was with the specialty clinics only, not for primary care. 22172 Public Hearing 06/11/24 Mayor Devine asked how the residency program would work at the Snowden House and Mr. Fletcher explained that it would not be long term stays because they want to maintain the residential character at Snowden. Vice Mayor Frye spoke about how proud he was of a local student, Makayla Swain, who came back home to do her residency. He was excited for the future expansion of education here in the City. Kathy Wack, 1203 Sophia Street, Vice-Chair of the Board of Trustees said there was a need for more physicians in the community and the highest and best use of the property was medical. She said this program was a big win for the City and she encouraged the Council to approve the rezoning. Desmond Villalba, 2008 Track Circle, said he was excited about the potential growth of the community. He said he had some concerns as a parent about community engagement. He said the engagement was good in some areas and not so good in other areas. He said a month ago they were informed that they would not have childcare and out of the 19 daycares that were shown during the presentation, only six were licensed and had limited schedules. There was one that met the Kids Station characteristics and they had a waitlist. Mr. Villalba had concerns that something may come up to delay the opening of the new daycare and he also was concerned with the construction in general. Tegan Snigier, 902 Marye Street, parent of two kids that attend Kids Station she said there were a couple of issues, the first being a childcare shortage. In Virginia there are 140,000 childcare slots needed and it is not affordable for may Virginia residents. She said within two days of the announcement that Kids Station was closing one daycare had 22173 Public Hearing 06/11/24 over thirty applications submitted and they were not going to have openings until August. She said since then she called around to 20 different locations and only five had immediate opening and none were in the 22401 zip code. She noted that Kids Station had been open over 30 years and she asked why mess with a good thing. She asked the Council to ask the Hospital to delay construction. Richmond McDaniel, 99 Caroline Street, Trustee of Mary Washington Healthcare said he cares a great deal about his community. He said there is not a more caring group of people than the trustees of the Hospital. He said their job is to deliver healthcare and this was a community hospital. He said when there is profit available it is reinvested into the community. Mr. McDaniel said they have a needs assessment of what the community needs from a healthcare perspective and they are reinvesting to meet those needs. He said they are committed to delivering what the community needs. Joe Snigier, 902 Marye Street, said it was of his opinion that Mary Washington had forgotten its mission, they were getting grander buildings, higher executive compensation while the quality of care and services for the vulnerable suffer. He said there was no clearer conflict in values than the hospitals proposal to demolish a childcare center to make way for additional non-medical buildings. Mr. Snigier said they have also lost touch with the community and there has been a lack of transparency on behalf of the hospital. He felt as though the planning process was shrouded in secrecy without community input and dialog. He said to have childcare where they live and work was a gold standard. Mr. Snigier expressed their concerns about the construction and the noise near the day care and he did not think they were understanding their concerns. 22174 Public Hearing 06/11/24 Andy Shoukas, 1600 Fall Hill Avenue, said he applaud the fact that the hospital was trying to bring in new physicians, but he was concerned that they would leave once they graduate. He asked was there a way to incentivize them to stay. In regards to the traffic, he asked that other traffic engineers be brought in to give input. Joe Wilson (D24-247), 913 Caroline Street, wrote in support for the Mary Washington Healthcare rezoning. He said as a longtime resident of the City he worked as a Trustee with Mary Washington Healthcare, he was also on the Board when they built the new hospital in the 90’s. Over the years the hospital has expanded to use much of the property and it is time to expand further. Mary Washington Hospital is the center of the effort to try to bring more access to healthcare services to our entire region. Mary Washington’s efforts to launch graduate medical education is essential to providing for the healthcare access needs of our community. He encouraged the Council to approve the rezoning. Dr. Andrew Mangano (D24-248), 11700 General Wadsworth Drive, 22551, the Program Director for the Mary Washington Healthcare Internal Medicine Residency Program, was in strong support of the proposed expansion project on the Mary Washington Hospital campus. He came to Mary Washington in August 2022 and he was impressed with the leaderships five-year vision. Dr. Mangano said the expansion project would include space for simulated labs associated with the GME (Graduate Medical Education) programs. The GME participants as well as nurses in training would be able to use the equipment in these labs as part of extensive hands-on experience. This expansion would ultimately improve the health 22175 Public Hearing 06/11/24 outcomes and well-being of our community members and by expanding its capabilities Mary Washington Healthcare will be able to address a wider range of medical needs, offer more preventive care services and support healthcare education initiatives. Dr. Kostas Constantine (D24-249), 3310 Fall Hill Avenue, spoke in support of Mary Washington Hospital’s proposal to construct new training and education facilities and clinical space on the hospital campus. This expansion holds significant promise for enhancing healthcare services and improving the overall quality of life for the community. Dr. Constantine said there is a need for more modern educational space for nursing staff, clinical team members and graduate medical education providers. He said this new education center would represent an opportunity to enhance healthcare services but also to enrich the community. Dr. Stephanie Goldberg (D24-250), 4548 Empire Court, 22408, expressed her support for the proposed Conference and Education Center on the Mary Washington Hospital campus. She said medical education was vital to the region’s ability to continue to deliver quality healthcare. This center would be unique to the region. She said this center would be able to be used for community education as well. Dr. Goldberg said Graduate Medical Education (GME) plays a pivotal role in ensuring access to high-quality healthcare services for all members of the community. GME programs contribute to the recruitment and retention of top-tier medical talent in our region. She urged the Council to support. Addie Takats (D24-251), 520 Stonewall Lane, 22407, an associate at Mary Washington Healthcare and a mother of two who are enrolled at Kids Station. She was 22176 Public Hearing 06/11/24 just as concerned as other parents when she heard about the Kids Station closure, but she found comfort when she was told the daycare would continue to exist. She was compelled to express her confidence in the proposed plans, knowing firsthand the sincerity behind the assurances. Ms. Takats was in support of Mary Washington Healthcare's proposed plans, trusting in their commitment to upholding the legacy of Kids Station. Debby Girvan (D24-252), 612 Hawke Street, urged the Council to delay action on the Mary Washington Healthcare development and rezoning application until the community was fully informed. She asked why capital improvements and executive benefits were a priority when the hospital has not addressed urgent hospital operational failures as reported in two separate audits by Leap Frog Group. Ms. Girvan also expressed her concern with the pay of the CEO and the primary care physicians as well as benefits. She said the City was losing its best doctors because the Mary Washington Healthcare Board refuses to address the unsustainable and hostile work conditions. Dr. Bhavin Suthar (D24-253), 4710 Spotsylvania County Parkway, #201, 22407, strongly supported Mary Washington Hospital’s proposal to add additional medical office buildings. He said there were not enough medical facilities in the area to meet the growing needs of the community. Dr. Suthar said having these facilities close to Mary Washington Hospital greatly improves the efficiency of the physician and it is a 22177 Public Hearing 06/11/24 convenience for the patients. This expansion will increase the hospitals capacity to accommodate more patients and enable the hospital to offer a broader array of services. Claire Leedy (D24-254), 13000 Bearington Manor, 22407, is a mother of two children who attend Kids Station and she expressed her concerns with Mary Washington Healthcare’s proposal as it relates to the demolition of Kid’s Station and the lack of formal commitment or safeguards to the continued operation of the center. She asked the council to delay any formal decision on Mary Washington Healthcare proposal until KinderCare produces information about the new location; require Mary Washington Healthcare to add a provision to their proposal that ensures no demolition will begin on the daycare until the new center is fully operational and all current services are available. Ms. Leedy also expressed concerns with the use of funds for expanding the Snowden House. She could not understand why a $6-million-dollar expansion of Snowden House was a good use of funds for a business that is supposed to be dedicated to community benefit. Councilor Gerlach moved to approve Ordinance 24-16, on first read, amending the Generalized Development Plan and proffered conditions for the Mary Washington Hospital Planned Development-Medical Center Zoning District; motion was seconded by Councilor Duffy. Councilor Duffy expressed that he was not happy with the families being scared about losing their daycare, but he was pleased that there would be no lapse in daycare. He spoke of how critical it was to Fredericksburg’s success to have a strong medical facility. 22178 Public Hearing 06/11/24 Councilor Graham asked if KinderCare had a lease agreement with Mary Washington Healthcare and Mr. Fletcher said they had a lease. Ms. Summer Hughes with Mary Washington Healthcare said the lease expired in September and they offered them a one-year extension. Mr. Fletcher explained that they anticipated that the entire campus would be used and they had spoken with KinderCare about that. Councilor Graham empathized with the parents on the lack of childcare in the area, but he explained that the City Council lacked the authority to mandate KinderCare’s presence at Mary Washington Healthcare. He noted that the Council could only review the rezoning application. Councilor Mackintosh said healthcare and childcare were two real needs in the City and he would like to see if there were any tools the City could use to get more childcare in the City. Mayor Devine said the Council had raised the daycare issue with State Legislatures. Daycare is harder and more expensive now and many are having to step out of the workforce to be with their children. She was appreciative of the good faith commitment to quality childcare The motion passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Adjourned. There being no speakers to come before the Council at this time, Mayor Kerry P. Devine declared the hearing officially adjourned at 9:33 p.m. Kerry P. Devine Kerry P. Devine, Mayor 22179 Public Hearing 06/11/24 Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 22180 Regular Session 06/11/24 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 June 11, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, June 11, 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 Kelly J. Lackey, Planning and Building Services Director Charles Johnston, Principle Planner Michael Craig, Zoning Administrator Kelly Machen, Deputy Police Chief Betsy Mason, Captain Crystal Hill, Budget Analyst Donna Leahy, 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 Councilor Jason N. Graham. Officers Recognized. Mayor Devine recognized the presence of Lieutenant Jason Dring and Lieutenant Mike Athenry at this evening’s meeting. 22181 Regular Session 06/11/24 Consent Agenda Accepted for Transmittal as Recommended (D24- 241). Councilor Gerlach moved approval of the City Manager’s consent agenda; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). o Transmitting the Draft Fredericksburg Regional Transit’s Transit Strategic Plan, Fiscal Year 2025 – 2034 (D24-241). Public Hearing (D24-242 thru D24-254). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Citizen Comment. The following comments were given and/or submitted to be read during the citizen comment portion of this evening’s meeting. Rebecca Brenkman (D24-255), 1515 Princess Anne Street, spoke about why there needed to be a ceasefire in Palestine and why the City needed to pass a cease fire resolution. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Flag Day – Mayor Devine 8B. Regional Transportation Authority – Councilor Graham 8C. Downtown Accessibility – Councilor Holmes 8D. Fredericksburg Gun Giveback – Vice-Mayor Frye 22182 Regular Session 06/11/24 Flag Day – Mayor Devine reported that Friday, June 14 was Flag Day and the American Legion Post 55 would be at Old Mill Park at 10:00 am for a flag retirement ceremony of unserviceable U.S. Flags. There are several City drop off locations City Hall and Dorothy Hart Community Center you can also drop off at the American Legion Post Regional Transportation Authority – Councilor Graham reported that FAMPO was finally at the point of discussion about the Regional Transportation Authority and they would be taking a non-binding vote to pass a resolution to send to the General Assembly members in support of a Regional Transportation Authority. He requested the City to provide a resolution of support from the Council so that it could be attached to the letter to be transmitted to the General Assembly. Downtown Accessibility – Councilor Holmes said she had been hearing from a few constituents about downtown accessibility particularly parking spaces. She asked if there had been a recent audit of accessibility and if not could there be an audit. Mr. Baroody said they were already auditing the downtown and would get back with a report. Fredericksburg Gun Giveback – Vice-Mayor Frye informed the public that the City offers a gun giveback program with no questions asked. The gun could be taken to the Police station at any time. Adoption of Minutes (D24-256 thru D24-258). Councilor Duffy moved approval of the November 28, December 12, 2023 and January 9, 2024 Work Session minutes and the May 28, 2024 Regular Session minutes; motion was seconded by 22183 Regular Session 06/11/24 Councilor Mackintosh and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-40, Approving a Contract with Altumint, Inc., for Services Related to the Automated Enforcement of Traffic Safety Speed Violations in Designated School Zones (D24-259 thru D24-261). Captain Hill presented a brief presentation. Mayor Devine asked when they anticipate implementation and it was explained it would take four to five months. Councilor Mackintosh asked if the equipment could be in place before the start of the school year and Ms. Cooper, the CEO for Altumint said it could be ready before school starts. Councilor Graham asked where the fines would reside in the City finances and Mr. Whitley said they had a couple of thoughts such as pedestrian and bike safety projects particularly in or around schools, school capital and school debt service. He said they would have to see what kind of funds come in from the fines first. Mr. Graham said he would like to also look into safe routes to school partnership and formalize relationships. Councilor Gerlach moved to approve Resolution 24-40, approving a contract with Altumint, Inc., for services related to the automated enforcement of traffic safety speed violations in designated school zones; motion was seconded by Councilor Mackintosh. Councilor Duffy asked Ms. Cooper to explained the education process and he noted he was in full support. 22184 Regular Session 06/11/24 Councilor Gerlach was also in support and he noted that these enforcement methods work. Councilor Gerlach moved to approve Resolution 24-40, approving a contract with Altumint, Inc., for services related to the automated enforcement of traffic safety speed violations in designated school zones; motion was seconded by Councilor Mackintosh. Mr. Whitley suggested that the Council not consider accelerating this process. He said he would like to have a long lead time to do the education piece so that there are no errors. Captain Hill agreed. The motion passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-41, Granting Signature Authority for Transportation Projects (D24-261). After staff presentation, Councilor Duffy moved to approve Resolution 24-41, granting signature authority for transportation projects; motion was seconded by Councilor Holmes 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 (D24-262 thru D24- 263). City Manager Baroody directed the Council’s attention to the Manager’s Update: Around the Town Free Trolley Service Returns to Downtown This Summer, Canal Cleanup, The Fredericksburg Police Department – Celebrates Pride Month, City Council 22185 Regular Session 06/11/24 Appoints Kelly Lackey as City Attorney, Wear a Life Vest and Wear It Correctly, Yearlong Bicentennial Celebration of Lafayette’s Visit to Fredericksburg, Join Our Team Today, Do You Want Real-Time Text Messages or E-Mails, The Doris E. Buffett Pool, Parks, Recreation and Events Summer Catalog is Now Available, Picnic in the Park and Fred Focus. Adjournment. There being no further business to come before the Council at this time, Mayor Devine declared the meeting officially adjourned at 10:09 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 22186 APPROVED 01-09-24