City Council

Public Hearing 08/27/24 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 August 27, 2024 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, August 27, 2024, beginning at 8:30 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, Assistant City Manager David Brown, Acting City Attorney Dori Martin, Planning and Building Services Director Charles Johnston, Principle Planner Michael Craig, Zoning Administrator Kelly Machen, Building Official John Schaefer, Assistant Director of Tourism Margaret Morris, Deputy Police Chief Betsy Mason, Director of Public Transit Jamie Jackson, Fire Chief Mike Jones, Police Captain Rashawn Cowles and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D24-331 thru D24-334). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. 22225 Public Hearing 08/27/24 Resolution 24-57, Approved, Granting a Special Use Permit to Jarrell Properties, Inc. for a Drive-Through Associated with a Financial Institution Use at the Cowan Station Development (D24-331 thru D24-332). 2 speakers. Zoning Administrator Machen gave a brief PowerPoint presentation. Councilor Graham asked about the parking spaces and he said more vegetation could be provided if there was less parking. Jay Hicks, representative of the applicant, spoke of how important of a leader Mayor Davies was when he was growing up in the City. Mr. Hicks explained that this was an extension of a special use permit that was approved a couple of years ago, for a financial institution. It was a proffer when the rezoning occurred in 2020 and they were required to come back for a special use permit if there was a drive through needed to be installed. College Heights neighborhood has been consistently communicated with and they had no objections. In response to Councilor Graham’s question Mr. Hicks said they try to maximize the space that is available for the businesses and that was his thinking with the over parking. He said they have significant landscape buffering along Rappahannock Avenue and the College Heights Neighborhood. Mr. Hicks also add that the Goolrich’s project was coming along nicely. Councilor Mackintosh asked if there were any opportunities to create enhanced pedestrian connections between College Heights and to Old William Street. Mr. Hicks said the Jarrell’s are committed to pedestrian access and he informed the new Council and reminded the old Council of the significant conversations they had with the College 22226 Public Hearing 08/27/24 Heights Neighborhood regarding the networking they were going to provide but the neighborhood objected. Mr. Hicks explained that the drive through would be an Interactive Teller Machine (ITM). The teller would be available by video. Mr. Graham said if there is enhanced technology to mitigate more people in the facility why the need for more parking, than what is required. He said the City is trying to mitigate the issue of stormwater. Mr. Hicks said the environmental and stormwater concerns were a huge part of the site plan and had been taken care of because they worked and reworked it in the site plan review. The parking is related to the tenant it will have headquarters there and upper management and they want to make it available as much as possible. Marilyn Brown, 629 Clover Hill Drive, Ruther Glen, VA 22546, spoke but her comments were not related to the public hearing. She said the City of Fredericksburg needed more resources for the homeless because Micah Ministries was not doing what they are supposed to for the homeless. Councilor Gerlach made a motion to approve Resolution 24-57, granting a special use permit to Jarrell Properties, Inc. for a drive-through associated with a financial institution use at the Cowan Station Development; 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). Resolution 24-58, Approved, Amending the 2015 Comprehensive Plan to Update Chapter 2 (D24-333 thru D24-334). 1 speaker. Principle Planner Craig presented a PowerPoint presentation. 22227 Public Hearing 08/27/24 Sabrina Johnson, 816 Grove Avenue, asked how the update could be understood if the racial data was not included in the update. Mr. Craig noted that page 2-6 had racial demographic included, but he would dialog with Ms. Johnson about it. Councilor Mackintosh made a motion to approve Resolution 24-58, amending the 2015 Comprehensive Plan to update Chapter 2; 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). Adjourned. There being no speakers to come before the Council at this time, Mayor Kerry P. Devine declared the hearing officially adjourned at 8:54 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 22228 Regular Session 08/27/24 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 August 27, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, August 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, Assistant City Manager David Brown, Acting City Attorney Dori Martin, Planning and Building Services Director Charles Johnston, Principle Planner Michael Craig, Zoning Administrator Kelly Machen, Building Official John Schaefer, Assistant Director of Tourism Margaret Morris, Deputy Police Chief Betsy Mason, Director of Public Transit Jamie Jackson, Fire Chief Mike Jones, Police Captain Rashawn Cowles 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. 22229 Regular Session 08/27/24 Officers Recognized. Mayor Devine recognized the presence of Officer Brandon Reed and Stephen Monahan at this evening’s meeting. Remembrance of Mayor Lawrence A. Davies (D24-314.1). Mayor Devine acknowledged the passing of Rev. Lawrence A. Davies on August 11. Rev. Davies was a distinguished leader and Mayor, beloved pastor, and devoted public servant who left an enduring legacy on our City. Mayor Devine reminded residents that Rev. Davies was the City’s first elected African American to hold office in the City, serving first as a Councilmember in 1966 and then as the City’s first African American Mayor in 1976. He and his wife helped to found the Fredericksburg Sickle Cell Association. He also played a large role in creating low- income housing and he was instrumental in founding the Fredericksburg Regional Transit, as he is known as the “Father of Fred”. Rev. Davies legacy is a testament to the power of public service and the difference one person can make in the lives of many. Proclamation for Hunger Action Day (D24-315). Mayor Devine presented a proclamation to Dan Maher, President/CEO for the Fredericksburg Regional Food Bank. She proclaimed September 10 as Hunger Action Day. Update on July 20 Train Derailment at Cobblestone Square - Randy Marcus, CSX Director, State Relations, VA, WV & DC. Mr. Marcus apologized and recognized this was unsettling to the residents and to the City. He said they were committed to transparent and ongoing engagement with the residents and public 22230 Regular Session 08/27/24 officials and they were committed to learning from this incident. He noted that the derail device was too close to the sound wall at Cobblestone. Mr. Marcus said CSX has installed a new derail device since the event, south of the Route 3 overpass. Additional safeguards CSX plans to take: removal of the track infrastructure adjacent to the sound wall and install new signalized switch further south from Cobblestone. He said CSX was working to make sure that the impacted property owners were made whole, and they were engaged with the Cobblestone management and the four impacted garage owners to ensure timely submission of payment for claims. CSX was supporting Cobblestone with the rebuilding of the sound wall. Council had a lengthy discussion with Mr. Marcus on the damages that occurred on July 20 when the train derailed. Vice-Mayor Frye said because no lives were lost, he did not feel like CSX was taking the situation as serious as they should. He also asked about the derailment device and Mr. Marcus explained that the device would be moved further south and if there was a derailment it would only impact CSX’s property. He said they were also going to remove the infrastructure adjacent to the sound wall and put in a new signal switch. Vice-Mayor Frye demanded that CSX does not store cars in or near the residential neighborhoods until all this is figured out. Councilor Duffy was in support of Vice-Mayor Frye’s comment. He also said he heard that CSX should have known that the wall was inappropriately placed and that employees should have been trained better. 22231 Regular Session 08/27/24 He said he did not want to hear the it was a mistake of workers, it was a mistake of the trainers and the organization. Mayor Devine said the only positives was that there was no loss of life and no permanent displacements of anyone. Many were shaken by the incident and she said the Council urges a review and a look at the placement of railcars. She thanked Mr. Marcus for coming to speak with the Council and for reaching out to residents but they need more. Mr. Marcus stated they do care and they were doing significant things to make it better. He said there were fewer tank cars now but he could not guarantee this in the future and he understand the stress it causes for the community. Consent Agenda Accepted for Transmittal as Recommended (D24- 318 thru D24-330). Councilor Mackintosh removed Item 5B and Councilor Holmes removed item 5A. Councilor Gerlach moved approval of the City Manager’s consent agenda with the exception of Items 5A and 5B; 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). • Transmittal of the Small Area Plan 10 o Resolution Adopting an Amendment to the 2015 Comprehensive Plan to Adopt a New Small Area Plan for Planning Area 10 (D24-318). 22232 Regular Session 08/27/24 o Ordinance Rezoning Approximately 114 Acres of Land Located in Planning Area 10 from R-4 Residential to R-2 Residential, as Recommended in the Draft Small Area Plan for Area 10 (D24-318). o Ordinance Rezoning Approximately 7 Acres of Land Located in Planning Area 10 from Light Industrial and General Industrial to Creative Maker District, as Recommended in the Draft Small Area Plan for Area 10 (D24- 318). o Ordinance Rezoning Approximately 13 Acres of Land Located in Planning Area 10 to Adopt Form-Based Regulations, as Recommended in the Draft Small Area Plan for Area 10 (D24-318). • Transmittal of Board and Commission Minutes o Board of Social Services – June 6, 2024 (D24-319). o Board of Zoning Appeals – October 16, 2023 (D24-320). o Economic Development Authority – June 10, 2024 (D24-321). o Economic Development Authority – July 8, 2024 (D24-322). o Fredericksburg Arts Commission – April 17, 2024 (D24-323). o Fredericksburg Arts Commission – May 15, 2024 (D24-324). o Fredericksburg Arts Commission – June 19, 2024 (D24-325). o Pathways Committee – June 24, 2024 (D24-326). o Public Transit Advisory Board – June 5, 2024 (D24-327). o Recreation Commission – January 18, 2024 (D24-328). o Recreation Commission – March 21, 2024 (D24-329). 22233 Regular Session 08/27/24 o Recreation Commission – May 30, 2024 (D24-330). Transmitting a Resolution Approving a Contract between Rappahannock Area Community Services Board and the Commonwealth of Virginia Department of Behavioral Health and Developmental Services (D24-316). Councilor Holmes stated that this contract shows that the City has a relationship with RACSB. She said it is an important partnership and she requested that the RACSB come quarterly to report on the activities they provide on a regular basis. Resolution 24-56, Authorizing the Purchase of Two Vehicles for Fredericksburg Regional Transit (D24-317). Councilor Mackintosh said he pulled this item because the City was purchasing two diesel vehicles and the City has 2035 renewable energy goals and her wanted to know how this purchase fit into those goals. Transit Director Jackson explained that they are looking at alternative vehicles and alternative fuel. In their Transit Strategic Plan, they left that open to explore. She added that the technology was not available for body on chassis style vehicles for them to go electric. She said they also do not have the infrastructure they need for electric vehicles throughout the City, Stafford and Spotsylvania. Ms. Jackson said by law they are required to rotate their vehicles and this would require electric charging stations throughout their service area and region. She was hopeful that through the DRTP Technical Assistance Grant it would lead to a study that she hopes would lead them to what options there are. She said they were looking at propane for their body on chassis style vehicles to see if it was the right technology because it was cleaner. They are 22234 Regular Session 08/27/24 working on switching support vehicles out to hybrid. Ms. Jackson said they were taking small steps to get there as quickly as possible. Councilor Gerlach moved to approve Resolution 24-56, authorizing the Purchase of two vehicles for Fredericksburg Regional Transit; motion was seconded by Councilor Mackintosh and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Public Hearing (D24-331 thru D24-334). 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. Antwaun Carey Gay, resident of Ward 4, grew up in the area, he was a former law enforcement officer, parole officer, therapeutic mentor, worked for FailSafe, and an educator at Drew Middle. He came to encourage the Council to continue to support agencies that were helping the community. He stated that leaning to the kids that are at risk was important. He spoke of how he was a product of coaches and mentors who helped him get to the areas he served. He said he was the brother of a famous singer who tragically left the earth because of mental illness in his family. He said Pastor Lawrence A. Davies and many in the community were a big help to him and his family. Evangelina Palmer (D24-335), 701 Cobblestone Boulevard, stated that the derailment occurred on the leasing building but there are two buildings that are privately owned. She explained that the derailment happened at the rental properties 22235 Regular Session 08/27/24 but she has a garage near the derailment. She said there was not an evacuation plan for Cobblestone and she wanted to know the plans for formulating an evacuation plan. Anne Little, 726 William Street, spoke on the data center but she said the City residents had received almost a ten percent tax increase in the last two years. She said with the tax increases there was a lot more income and even more bills. Even though the Economic Development Authority was paying for the study it was still City tax dollars. She said the City needed to look at its spending because there were big projects coming. In regards to data centers, Ms. Little asked the Council what their concerns were for the river, the neighbors, noise and pollution from the center. She expressed concern with cutting down the trees if a data center is built in Celebrate Virginia. She asked the Council for a meeting so that the citizens could speak about the data centers. Eric Bonds, 437 Hansen Avenue, he spoke of the realness of climate change and he said the data centers were not consistent with a safe and stable climate. He asked the Council to find a different kind of economic development that will generate jobs and revenue. Brent Hunsinger, with Friends of the Rappahannock (FOR), stated that FOR requests the Council to hold open and transparent discussions with the public on why the EDA is spending $200,000 on a study and what the plans were for a data center in the City. He said this is so the public can discuss its benefits and drawbacks in a public forum. Sabrina Johnson (D24-335.1), Chair of the Environmental and Climate Justice Committee with the NAACP Fredericksburg, spoke with support from community 22236 Regular Session 08/27/24 members of the NAACP and the Mayfield Civic Association about the importance of conducting a thorough feasibility study for the proposed data center with a focus on the environmental impacts on black and brown communities. She spoke of how historically, communities of color have faced disproportionate environmental hazards, such as noise and air pollution from industries, waste facilities, rail yards, and pipelines. She noted that Mayfield was the only community in Fredericksburg with a petroleum pipeline. Ms. Johnson said she understood the benefits a data center would bring to the City but she said the City must consider its impacts. She said the NAACP request that the city’s data center feasibility study identify, assess, and minimize any impact the data center may place on current relevant environmental disparities and inequities. Rebecca Brenkman (D24-336), 1515 Princess Anne Street, spoke about the passing of a permanent ceasefire resolution for the ongoing genocide in Palestine. She stated that by doing nothing and staying silent, it let’s others speak and act in our place. And if we're not proud of the choices they make, then we have no one to blame but ourselves. Libby Wasem (D24-337), 1005 Albert Rennolds Drive, asked the Council to vote against allocating $200,000 for a feasibility study for a data center in the City. She said it was well documented that data centers use a huge amount of water, pose a risk of noise and commander the electrical grid. She feared taxes would rise to cover the costs. She said she object to the power company taking more money from citizens to pay for the infrastructure and operation of the data centers. Ms. Wasem asked the Council to pause for now and revisit it again in the future. 22237 Regular Session 08/27/24 Ralph Joseph (D24-338), 913 Cornell Street, said he was not outright opposed to the data center industry, but he believes this new tax revenue stream should be weighed against the impact the data center would have on residents near the site of development, and how water and power requirements would affect the residence of the city. Mr. Joseph requested the City Council pause or suspend their vote to spend $200,000 on the data center feasibility study until after the Virginia State legislature report has been published. The legislature’s report may impact the feasibility study findings and render some of the costs of the study unnecessary. William Trueman (D24-339), 1007 Kenmore Avenue, stated that the City does not need to put a 1 to 2 million square foot data center in our city. He said they require tremendous amounts of electricity, make noise that can be heard a mile away plus use a lot of water even when recycled. He was not in agreement with spending $200,000 on a study. Rachel Sargeant (D24-340), 812 Daniel Street, asked Council to abstain or 'vote no' on the Council's transfer of $200,000 to the Economic Development Authority to fund the 'feasibility study' on data centers. She said the Rappahannock River needed to be protected and not drained it to cool off data centers. Ms. Sargeant asked the council to pause on data centers until the General Assembly completes its JLARC Study on data centers. Council Agenda Presented. The following items were presented to Council for discussion. 22238 Regular Session 08/27/24 8A. First Responders – Councilor Gerlach 8B. Data Centers – Mayor Devine 8C. Potential Stormwater Impact Fees – Councilor Mackintosh 8D. Gun Giveback – Councilor Frye First Responders. Councilor Gerlach reported on the First Responders Appreciation and Awards Breakfast held by the Fredericksburg Chamber of Commerce. At this event four Fredericksburg Safety Officials received awards. The first award went to Fire Chief Mike Jones, for a Lifetime Achievement Award, the Gold Heroism Award was given to Officer Gerg Baugher, the Investigative Excellence Award was given to Gloria Mejia, and the Business of First Responding Award was given to Captain Crystal Hill. Mayor Devine said the City appreciates all those awarded and all of the first responders for their dedication, hard work and generosity which always goes above and beyond. Data Centers. Mayor Devine stated that the City Council decided to move forward in partnership with the EDA on a Feasibility Study on data centers. She said the Council began discussions on data centers in 2016. In 2018, the City Council worked with neighboring jurisdictions to equalize the tax rate so that no one was in competition for them. She said moving forward with the feasibility study does not commit the City to anything, but it keeps the City in the game. She said if the City does not keep up, then it would not be in the game. 22239 Regular Session 08/27/24 Mayor Devine clarified that the study would be on a Celebrate Virginia piece of land. She added that the City has some of the same questions the public has such as the energy use, footprint, water useage, noise and traffic. She said once they learn the answers they would be discussing this with the public. The City has one of the lowest incomes in the regions, but one of the highest residential occupancy rates. She noted it was expensive to live in the City and tax rates were going up and the City was looking for answer to those economic gaps. Mayor Devine said the JLARC study was being done but they did not know the timing of it. The Feasibility Study would be done on a parallel track with the JLARC Study. She added that the technology demands of the data centers are changing and the Council learned at its work session that it would be 5-7 years for a center to be built. She noted that if the City delayed the study it would cause the City to be back further than 5-7 years. She said the City was committed to meeting its climate goals and she was hoping the data center would help to meet some of the City’s future goals. The Celebrate Virginia South land would be developed and the City needs to see what other developments may go there and the impacts they might have. The City strain every budget season to meet the needs of the City and the financial impacts of a data center could potentially add $40 million to the coffers. A third of the City’s budget is what a data center could generate. She noted the localities surrounding the City are already building data centers and they are making it harder for the City to compete. She said data centers may not be the answer but the City would be negligent if it did not explore it. 22240 Regular Session 08/27/24 Potential Stormwater Utility Impact Fees. Councilor Mackintosh explained that Stormwater Utility Fees are a structure for funding stormwater management obligations. He added that it has been adopted by more than 28 jurisdictions across Virginia. This fee is charged on each property based on the amount of pervious surface it has. He said the purpose is to make those who are causing the stormwater runoff bare the expense. Currently, there is a tax that is levied to property owners which is proportional to the property’s assessed value which may not compare to the property that is contributing to the problem. With the consent of Council, Councilor Mackintosh proposed that staff explore the possibility of a Stormwater Utility Fee in the City in preparation of the next budget to see if this is a tool that may work for the City. Council was in agreement. Gun Giveback. Councilor Frye reminded residents that the Gun Giveback program is a 24/7 program for anyone who wants to voluntarily turn in a weapon. He said anyone interested in turning in an unwanted weapon needs to contact the Fredericksburg Police Department, Fredericksburg Sheriff’s Office or the City Manager’s office. He noted this was the only locality with this option. Adoption of Minutes (D24-341 thru D24-D52). Councilor Gerlach moved approval of the February 13, February 27, March 12, March 19, March 26, April 2, April 9, April 16, April 18, April 23, May 7, and May 14, 2024 Work 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). 22241 Regular Session 08/27/24 Fredericksburg Arts Commission Appointment – Khalia Harris (D24- 353). Councilor Holmes moved to appoint Khalia Harris to the Fredericksburg Arts Commission; 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). Fredericksburg Recreation Commission Appointment – Kevin Brown, Marla McCauley Denardi, Nathan Naidu (D24-354). Councilor Duffy moved to reappoint Kevin Brown to the Recreation Commission; 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). Resolution 24-59, Approved, Amending the Fiscal Year 2025 Budget to Recognize a Juvenile Justice and Delinquency Prevention Grant Award from the Virginia Department of Criminal Justice Services (D24-355). After staff presentation, Councilor Frye moved to approve Resolution 24-59, amending the Fiscal Year 2025 budget to recognize a Juvenile Justice and Delinquency Prevention Grant Award from the Virginia Department of Criminal Justice Services; motion was seconded by Councilor Mackintosh and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-60, Approved, Amending the Financial Management Policies of the City of Fredericksburg (D24-356). After staff presentation, 22242 Regular Session 08/27/24 Councilor Gerlach moved to approve Resolution 24-60, amending the Financial Management Policies of the City of Fredericksburg; 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). Resolution 24-61, Approved, Extending the Time for Planning Commission Review of the Proposed Vacation of Roffman Road Right-of- Way for the Jeremiah Community Project (D24-358). After staff presentation, Councilor Duffy moved to approve Resolution 24-61, extending the time for Planning Commission review of the proposed vacation of Roffman Road right-of-way for the Jeremiah Community Project; 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). Ordinance 24-25, First Read Approved, Authorizing the City Manager to Execute a Right-of-Way Agreement with Dominion Energy Virginia for Power Services to the Motts Water Treatment Plant (D24- 359). After staff presentation, Councilor Graham moved to approve Ordinance 24-25, on first read, authorizing the City Manager to execute a Right-of-Way Agreement with Dominion Energy Virginia for power services to the Motts Water Treatment Plant; motion was seconded by Councilor Frye and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). 22243 Regular Session 08/27/24 Suspend the Rules. In order to place Ordinance 24-25 on for second read, Councilor Graham moved to suspend the rules; 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 24-25, Second Read Approved, Authorizing the City Manager to Execute a Right-of-Way Agreement with Dominion Energy Virginia for Power Services to the Motts Water Treatment Plant (D24- 359). After staff presentation, Councilor Graham moved to approve Ordinance 24-25, on second read, authorizing the City Manager to execute a Right-of-Way Agreement with Dominion Energy Virginia for power services to the Motts Water Treatment Plant; motion was seconded by Councilor Frye 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 (D24-360 thru D24- 361). City Manager Baroody directed the Council’s attention to the Manager’s Update: Remembering Former Mayor Lawrence A. Davies, The Fredericksburg Police Department Grant will Assist Teen Steering Committee to Continue Progress on Violence Issues, City of Fredericksburg’s Update on the CSX Derailment, Learning Lane is Now Closed, Water Meter Surveys Begin, The Treasurer’s Office, Fredericksburg Parks, Recreation and Events, Local Grant Supports Installation of Automated External Defibrillators in City Parks, Tip, Toss and Cover!, Christmas Parade Registration is Now Open, It’s Never Too 22244 Regular Session 08/27/24 Late to Be Prepared for Emergencies, The Fredericksburg Police Department, Third-Party Mailer on Voter Registration Notices, Volunteers Needed, Soggy Doggy Event, Traffic Safety Initiative, Scam Alert, Parks, Recreation and Events Fall Catalog is Now Available, 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 10:17 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council APPROVED 01-09-24 22245 Regular Session 08/27/24 [This page intentionally left blank] 22246