City Council

Public Hearing 09/24/24 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 September 24, 2024 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, September 24, 2024, beginning at 7:49 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 David Brown, City Attorney Kelly Lackey, Finance Director Robyn Shugart, Chief of Police Brian Layton, Captain Rashawn Cowles, Fire Chief Mike Jones, Planning and Building Services Director Charles Johnston, Building Official John Schaeffer, Principle Planner Michael Craig, Community Development Planner Bailey Thompson, Stormwater Manager Brian Cooke, Director of Economic Development and Tourism Josh Summit and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D24-388 thru D24-390). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. 22265 Public Hearing 09/24/24 Ordinance 24-27, First Read Approved, Providing for Issuance and Sale of General Obligation Bonds of the City of Fredericksburg, Virginia, in an Amount Not to Exceed $35,000,000, and the Form, Details and Payment Thereof (D24-388 thru D24-389). no speakers. Staff presented a brief PowerPoint presentation and after a little discussion Councilor Graham moved to approve Ordinance 24-27, on first read, providing for issuance and sale of general obligation bonds of the City of Fredericksburg, Virginia, in an amount not to exceed $35,000,000, and the form, details and payment thereof; motion was seconded by Vice-Mayor Frye and a roll call vote was taken. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-66, Approving the 2023-2024 Consolidated Annual Performance and Evaluation (D24-390). no speakers. Community Development Planner Thompson provided a brief summary of the CAPER and Councilor Gerlach moved to approve Resolution 24-66, approving the 2023-2024 Consolidated Annual Performance and Evaluation; 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 8:02 p.m. Kerry P. Devine Kerry P. Devine, Mayor 22266 Public Hearing 09/24/24 Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 22267 Public Hearing 09/24/24 [This page intentionally left blank] 22268 Regular Session 09/24/24 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 September 24, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, September 24, 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 David Brown, City Attorney Kelly Lackey, Finance Director Robyn Shugart, Chief of Police Brian Layton, Captain Rashawn Cowles, Fire Chief Mike Jones, Planning and Building Services Director Charles Johnston, Building Official John Schaeffer, Principle Planner Michael Craig, Community Development Planner Bailey Thompson, Stormwater Manager Brian Cooke, Director of Economic Development and Tourism Josh Summit and Clerk of Council Tonya B. Lacey. Opening Prayer and Pledge of Allegiance. Vice-Mayor Charlie L. Frye followed by the Pledge of Allegiance led by Councilor Jason N. Graham led council in prayer. 22269 Regular Session 09/24/24 Officer Recognized. Mayor Devine recognized the presence of Sergeant Chris Reyes at this evening’s meeting. Proclamation for Motts Run Day (D24-376). Mayor Devine presented Callie Brown with a proclamation recognizing Motts Run for its 50 years and proclaiming September 28 as Motts Run Appreciation Day. Proclamation for Paralegals Week (D24-377). Mayor Devine presented a proclamation to Lynne Seay, paralegal for the Commonwealth Attorney’s office, proclaiming October 6-12, 2024 as Paralegals Week and October 6, 2024 as Paralegals Day. Proclamation for Fire Prevention Week (D24-378). Mayor Devine presented a proclamation to Fire Chief Mike Jones proclaiming October 6-12, 2024 as Fire Prevention Week and she encouraged the community to be aware of their surroundings, engage in fire safe practices and support the many public safety activities of the Fredericksburg Fire Department including their Open House on Sunday, October 6, 2024. Chief Jones reminded everyone how important it is to have working smoke alarms and he invited everyone to the open house on June 6. Proclamation Recognizing Charles Johnston, Director of Planning and Building Services for 11 years of Service. Mayor Devine presented a proclamation to Charles Johnston congratulating him on his 11 years of service as the 22270 Regular Session 09/24/24 Director of Community Planning and Building and on his accomplishments with the City of Fredericksburg. Consent Agenda Accepted for Transmittal as Recommended (D24- 379 thru D24-387). Councilor Gerlach moved approval of the City Manager’s consent agenda; 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). o Ordinance 24-26, Second Read, Amending Chapter 74 of the City Code (Utilities) to Conform Utility Disconnection Provisions of State Code for Residential Customers (D24-379). o Transmittal of Board and Commission Minutes o Architectural Review Board – August 14, 2023 (D24-380). o Architectural Review Board – June 10, 2024 (D24-381). o Architectural Review Board – June 24, 2024 (D24-382). o Architectural Review Board – July 8, 2024 (D24-383). o Architectural Review Board – July 22, 2024 (D24-384). o Economic Development Authority – August 12, 2024 (D24-385). o Economic Development Authority – September 4, 2024 (D24-386). o Parking Advisory Committee – June 10, 2024 (D24-387). Public Hearing (D24-388 thru D24-390). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. 22271 Regular Session 09/24/24 Citizen Comment. The following comments were given and/or submitted to be read during the citizen comment portion of this evening’s meeting. Marilyn Brown, 629 Clover Hill Drive, Ruther Glen, VA 22546, other cities have shelters but the City of Fredericksburg has Micah and they are turning people away when the weather is bad. She asked the Council to do something about it. Jerome Wilson, 624 Wolfe Street, owner of DCB MMA athletic training, spoke about a design flaw in his building which caused his facility to flood. He presented a final building roof permit which he said was not accurate. He said the date marked on the permit was not the actual date of the inspection and this mistake has placed the City in the middle of a litigation. Carla Johnston (D24-391), 502 Woodford Street, spoke of the difficulties getting in and out of their neighborhood because of the traffic situation. She said the traffic gets backed up due to the roundabout. She provided photocopies of the area. Anne Little (D24-392), 726 William Street, spoke in support of Conservation District zoning and requested the Council approve the process for drafting a Conservation District ordinance. William Trueman (D24-393), 1007 Kenmore Avenue, urged the Council to support moving forward on creating Conservation Districts. John Copenhaver (D24-394), 911 Sylvania Avenue, spoke in support of Conservation Districts in the City and he encouraged the Council to vote to allow them. Sue Sargeant (D24-395), 1318 William Street, expressed her appreciation to Councilor Tim Duffy for speaking up for the College Heights Civic Association in working 22272 Regular Session 09/24/24 with St. Mary’s Church to address parking issues within the College Heights neighborhood associated with St. Mary’s parishioners parking on neighborhood streets. Rebecca Brenkman (D24-396), 1515 Princess Anne Street, called for a ceasefire resolution in solidarity for Palestine. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Early Voting – Councilor Graham 8B. Historic Conservation Districts – Councilor Gerlach Early Voting – Councilor Graham reminded citizens that early voting had begun and that they can go vote in person at 601 Caroline Street. He also reminded that the last day to register was October 15. Historic Conservation Districts – Councilor Gerlach thanked the citizens who had written letters in support of Conservation Districts. He urged citizens to watch the discussion that occurred at the work session. Adoption of Minutes. Councilor Mackintosh moved approval of the June 25, 2024, August 27, 2024, and September 10, 2024 Public Hearing and 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). Board of Zoning Appeals Appointment – Jesse Dominguez, Kenneth Gantt and Andrew Mercer (D24-397). Councilor Duffy moved to appoint Andrew 22273 Regular Session 09/24/24 Mercer to the Board of Zoning Appeals; 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). Citizen Transportation Advisory Commission Appointment – David Fauth (D24-398). Councilor Duffy moved to appoint David Fauth to the Citizen Transportation Advisory Commission; 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). Resolution 24-67, First Read Approved, Amending the Fiscal Year 2025 Budget for Repairs to the Historic Renwick Courthouse Building (D24-399). After a brief presentation Councilor Gerlach moved to approve Resolution 24-67, on first read, amending the Fiscal Year 2025 budget for repairs to the Historic Renwick Courthouse building; motion was seconded by Councilor Mackintosh and passed by the following unanimously recorded votes. (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Update on the Re-assessment and Board of Equalization (D24-400). Finance Director Shugart reported that the assessor had made appeals and now the Board of Equalization would begin their process. This was a transmittal item only. Resolution 24-68, Amending the Fiscal Year 2025 Budget to Recognize a Byrne Justice Assistance Grant Award and a Virginia State Police Help Eliminate Auto Theft Grant (D24-401 thru D24-402). Finance 22274 Regular Session 09/24/24 Director Shugart reported that this was an amendment to the FY2025 budget for two grants to purchase license plate camera. Chief Layton presented a PowerPoint presentation to explain what Flock Safety is and is not, why they use Flock Safety, how it works and the costs. Chief explained that the City would not own the equipment it would be leased and the software was part of the package. Councilor Duffy stated that he had seen other localities that have used the technology and the details of what was happening and he was in support. Councilor Graham questioned if the information could be shared with other states and Chief Layton said it was shared. He explained there were two law enforcement databases that they utilized to enter information into, one is managed by the FBI and the other by Virginia. Flock information is entered into a database the same way and shared throughout. Councilor Mackintosh asked if the information could be FOIA’d and Chief Layton assured him that it could not. He also asked why they were only putting the cameras in the gateways. Chief Layton said gateways were the starting point and that is the fairest way to implement the program. He said they would need 35 cameras to cover all the gateways. Councilor Mackintosh asked would the other jurisdictions surrounding the City be using the technology and Chief Layton said they all were using it and one of the other localities was in the process of getting the system. Councilor Holmes asked if there would be extra staff time for the use and Chief Layton explained it would not. 22275 Regular Session 09/24/24 Councilor Gerlach asked if any additional staff time would be needed in court and Chief Layton said whoever would be doing the investigation would be in court anyway, so no extra time would be needed. Councilor Gerlach moved to approve Resolution 24-68, amending the Fiscal Year 2025 budget to recognize a Byrne Justice Assistance Grant Award and a Virginia State Police Help Eliminate Auto Theft Grant; motion was seconded by Councilor Graham and passed by the following unanimously recorded votes. (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Transmittal of the Downtown Street Study (D24-403). Principal Planner Craig said the transmittal was the first transmittal of the ongoing work with the downtown traffic engineering study. He said this was starting the basic metrics for looking at one-way to two-way conversions. He said the study would look at two things the one-way to two way conversions on Princess Anne and Caroline Street north of William Street and south of Lafayette Amelia and William Streets. The consultant was active on the second phase looking at the sections of the street looking at aerial mapping and the configuration of the traffic controls that are on the streets and to identify how traffic calming and bicycle connections could be accommodated. Councilor Mackintosh asked why the core downtown was not considered on Princess Anne and Caroline Street. Mr. Craig said in the other areas there was room for things like moving the loading trucks off street and out of the main travel ways, but in 22276 Regular Session 09/24/24 the core downtown with the density of the commercial uses and those that need the loading service it was infeasible to change the traffic pattern. He explained there was no other way to load/unload other than to block the lane. Councilor Mackintosh said the confusing traffic patterns were hostile to visitors and he feels like this would be moving the problem and not fixing the problem. City Manager Baroody added that if Council wanted them to take another look it was not too late they could do that. Councilor Graham said the crash data and the signalization interested him and he said it looks like the downtown is not the place for signals or only in a few instances. He said maybe they could be switched to stop signs. He asked that staff take a greater look at that. City Manager’s Report and Council Calendar (D24-404 thru D24- 405). Assistant City Manager Whitley directed the Council’s attention to the Manager’s Update: National Hispanic Heritage Month, General Election Voting, The City’s Upgraded Water Meter Project Has Launched, Fredericksburg Police Department Grant, Comprehensive Plan Update Meetings, Comprehensive Plan Update Survey, Board of Equalization, Annual Scarecrow Fest, Groundbreaking on Firearms Training Center, Citywide Notifications, September is Preparedness Month, Beware of Scams, Traffic Safety Initiative, Now Hiring!, 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 9:00 p.m. 22277 Regular Session 09/24/24 Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council APPROVED 01-09-24 22278