City Council

Regular Session 10/08/24 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 October 8, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, October 8, 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 Jonathan A. Gerlach, Jason N. Graham, Jannan W. Holmes and Dr. Will B. Mackintosh. City Council Absent. Council member Dr. Timothy P. Duffy, sick. Others Present. City Manager Timothy J. Baroody, Deputy City Manager Mark Whitley, Deputy City Manager David Brown, City Attorney Kelly Lackey, Police Chief Brian Layton, Director of Planning & Building Services Michael Craig, Zoning Administrator Kelly Machen 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. Officer Recognized. Mayor Devine recognized the presence of Deputy Jessica Nierman at this evening’s meeting. 22279 Regular Session 10/08/24 Wall of Honor Ceremony – Johnny P. Johnson and Debby Klein (D24-406 thru D24-407). The Chair of the Memorials Advisory Commission Nancy Moore gave a brief overview of the wall of honor process and had the nominators give a brief summary of their nominees. Ambassador Pamela Bridgewater presented Mr. Johnny P. Johnson, and Jervis Hairston presented Debby Klein. They each gave a brief summary of their nominee’s contributions to the City. The clerk read a letter of thanks and appreciation from daughters of Debby Klein Rebecca and Judy Klein, who were unable to attend. The 2023 Wall of Honor honorees were Johnny P. Johnson and Debby Klein. Proclamation for the Centennial of the Rappahannock Valley Garden Club (D24-408). Mayor Devine presented a proclamation to President Karin Beals, commemorating the Centennial of the Rappahannock Valley Garden Club. She proclaimed that October 17 marked their Centennial. Tri-County City Soil & Water Conservation District (D24-409). Education and Outreach Coordinator Madison Morgan presented a PowerPoint on the Fiscal Year 2024 Annual Report. In the report she talked about the districts mission and vision, the Operating Revenues/Expenses, a Look into Fredericksburg, Fredericksburg’s Agricultural Cost-Share Breakdown, Fredericksburg’s Urban Cost-Share Breakdown, Totality of FY24 VACS Through the District, Fredericksburg’s Education and Outreach, Education Highlights, Staff Dedication Trainings and Certs and its Partners on Conservation. 22280 Regular Session 10/08/24 Consent Agenda Accepted for Transmittal as Recommended (D24- 411 thru D24-416). Mayor Devine pulled item 5A. Councilor Gerlach moved approval of the City Manager’s consent agenda excluding item 5A; motion was seconded by Councilor Holmes and passed by the following recorded votes. Ayes (6). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). o Resolution 24-67, Second Read, Amending the Fiscal Year 2025 Budget for Repairs to the Historic Renwick Courthouse Building (D24-411). o Transmittal of Draft Council Priorities for 2024-2027 (D24-412). o Transmittal of the Board and Commission Minutes o Memorials Advisory Commission – February 15, 2024 (D24-413). o Memorials Advisory Commission – May 16, 2024 (D24-414). o Public Transit Advisory Board – July 10, 2024 (D24-415). o Recreation Commission – July 18, 2024 (D24-416). Ordinance 24-27, Second 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 (D24-410). Deputy City Manager Whitley explained this item was for the sale of bonds not to exceed $35,000,000. Majority of the funds would go toward the City share of Motts Run Treatment Plant rehabilitation project. 22281 Regular Session 10/08/24 Mr. Whitley also noted that the City has been AA rating for all three rating agency for a while. He said they asked for two ratings on this bond and Moody’s has upgraded the City to a AA1 from a AA2. Councilor Graham moved to approve Ordinance 24-27, on second 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. A roll call vote was taken Ayes: Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. 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. Marilyn Brown, 629 Clover Hill Drive, Ruther Glen, VA 22546, many homeless are coming to the City and Micah cannot support them. Mohammad Ali Hassan (D24-417), 1701 College Avenue, asked why the Council showed support for the citizens of Ukraine but not Palestine. Rebecca Brenkman (D24-418), 1515 Princess Anne Street, spoke out against the genocide in Palestine and she again asked the Council to pass a ceasefire resolution. Sue Sargeant (D24-419), 1318 William Street, a resident of the College Heights neighborhood asked the Council to proceed with drafting a Conservation District ordinance. She spoke of how the neighborhood goes from the end of World War I to the beginning of World War II and post WWII. She said this ordinance was needed so 22282 Regular Session 10/08/24 that it can provide backbone to ensuring the neighborhood is not overwhelmed with builds/additions that do not reflect its character and fabric in mass, height and scale. Julie Kay (D24-420), 1616 Franklin Street, spoke about a few of the Council priorities. She took special interest in Goals #7 regarding data centers and #27 regarding movement towards the 100% Clean Energy goals of the city. She stated that if a data center is approved then 100% clean energy goals should be in the forefront of all decisions. Ms. Kay also expressed her excitement to see the goals on #27 regarding the Sustainability Coordinator position, which was posted again. She suggested the position should be under the City Manager on the organizational chart. She also stated that she would like to see commitment dates on priorities #27.2 (hybrid vehicles) and #27.3 (solar panels at the middle school). Denae Peckler (D24-421), 1410 Prince Edward Street, spoke on behalf of Historic Fredericksburg Foundation. She gave support to the Conservation Districts and she noted that since the 1990s, the City’s Strategic and Comprehensive Plans have prioritized the need to protect the unique character and historic integrity of the downtown as a neighborhood and adjoining neighborhoods. (See D24-421) for more information. Clint Schemmer, 1303 Franklin Street, he said he has lived here for 25 years. He spoke in support of piloting a conservation district. He said this would help preserve the neighborhoods character. He said it would allow the neighborhood decide what it wanted the neighborhood to look like in the future. He would like the City to remain a 22283 Regular Session 10/08/24 diverse and vibrant place, which values its heritage while providing affordable housing. Mr. Schemmer urged the Council to consider the idea of conservation districts. Mayo Carter, 424 Hanson Avenue, has lived in Fredericksburg for 50 years, she gave a little history of her neighborhood, and she explained why there was so much support in preserving the neighborhood. She was in support of the City exploring conservation districts. Miranda Lenihan (D24-422), 1701 College Avenue, stated that the Council needed to make a public statement demanding a ceasefire. Zoey Young (D24-423), 179 Longstreet Avenue, asked for support in passing a ceasefire resolution for the genocide in Palestine. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Dog Leash Laws – Councilor Gerlach Dog Leash Laws. Councilor Gerlach was made aware that people are allowing their dogs to run off leash in the Historic Fredericksburg Cemeteries. The dogs are urinating and pooping in the cemetery and it is not being cleaned up. He reminded resident that there is a dog leash law that makes it a Class 4 Misdemeanor to walk a dog without a leash. Adoption of Minutes (D24-424 thru D24-425). Councilor Mackintosh moved approval of the May 28, 2024 Work Session minutes, June 11, 2024 Work Session minutes, and the September 24, 2024 Public Hearing and Regular Session minutes; 22284 Regular Session 10/08/24 motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (6). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-69, Initiating an Amendment to Comprehensive Plan Chapters 10 and 11, to Adjust the Boundary of the T-1 Preserved Open Space Transect Zone in the Proposed Jeremiah Community, and to Permit the Vacation of the Roffman Road/Bakersfield Lane Rights of Way for the Virginia Supportive Housing and Jeremiah Community (D24-426 thru D24- 427). Zoning Administrator Machen presented a PowerPoint presentation and Councilor Gerlach moved to approve Resolution 24-69, initiating an amendment to Comprehensive Plan Chapters 10 and 11, to adjust the boundary of the T-1 Preserved Open Space Transect Zone in the proposed Jeremiah Community, and to permit the vacation of the Roffman Road/Bakersfield Lane rights of way for the Virginia Supportive Housing and Jeremiah Community; motion was seconded by Councilor Holmes and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-70, Initiating an Amendment to the Unified Development Ordinance and the Official Zoning Map, to Repeal the Railroad Station Overlay District (D24-428 thru D24-429). Director of Building and Planning Services Craig presented a PowerPoint presentation and Councilor Graham moved to approve Resolution 24-70, initiating an amendment to the Unified Development Ordinance and the Official Zoning Map, to repeal the Railroad Station 22285 Regular Session 10/08/24 Overlay District; motion was seconded by Councilor Holmes and passed by the following unanimously recorded votes. Ayes (6). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Transmittal of Legislative Agenda - Draft 2 (D24-430). Deputy City Manager Whitley presented a draft from the September 10 meeting to include: Tree Canopy, Local Composite Index School Funding, School Funding Generally, Rooftop Solar Energy & Building Codes, Classification of Land and Improvements for Tax Purposes, Affordable Housing, Red Light Cameras, Artificial Intelligence and Data Centers. He asked for assistance on the red light cameras because there was some disagreement on that. Mayor Devine asked what the disagreement was with the red light cameras, Councilor Graham said there were studies that have come out, and red light cameras have resulted in an increase of different crashes. He said based off this, he was not in favor of them. Mr. Whitley explained that the list was long and it needed prioritizing. He cautioned that if they have too many items in the resolution it would fall to its weight. He reminded the council that this was a short session and he suggested focusing on a top five. Councilor Holmes argued that there was a benefit to leaving them all in the resolution so that the City’s lobbyist would know it is something of interest to the City if a bill comes through. Mayor Devine agreed saying narrowing the focus would be helpful. 22286 Regular Session 10/08/24 Councilor Gerlach clarified that when it comes to the roof top solar panel he was only speaking about single family dwellings, not all roofs. He said without adjustments in the building codes, reaching the Council’s 2050 goal of being fossil free would be unattainable. Councilor Mackintosh suggested combining all the school funding items together and the Cyber Security and AI together. Mr. Whitley explained that the AI item was in reference to a specific bill. He said in terms of education he would be happy to take that direction but he said sales tax for school construction should be kept at the top because it almost passed last session. Councilor Holmes said she asked that mental health be added because there was a critical shortage for mental health professionals. Mr. Whitley said he added it to the school funding but Councilor Holmes said that was good and needed there but that this was not what she meant. Councilor Mackintosh suggested removing the affordable housing item, although important, it was not a specific ask and he did not know how effective it would be. He said he was fine with the resolution being a little sprawling because the Council can have conversations with those in Richmond and let them know what we think is realistic and doable. City Manager Baroody said he agree that this can be a communication tool but it was important to identify the top three to five items instead of eliminating them because they each have value. He suggested bringing a final draft to Council on October 22287 Regular Session 10/08/24 22. Mayor Devine agreed and suggested staff speak with Mr. Preston Bryant of McGuireWoods law firm to give guidance on crafting something that is effective. City Manager’s Report and Council Calendar (D24-431 thru D24- 432). City Manager Baroody directed the Council’s attention to the Manager’s Update: Employee Appreciation Event, General Election Voting, Fredericksburg Parks, Recreation & Events Honored at VRPS State Conference, The City’s Upgraded Water Meter Project Has Launched, Comprehensive Plan Update – FXBG Forward, Current Opportunities for In-Person Public Participation, New Director Announced, Annual Scarecrow Fest, Now Hiring!, Parks, Recreation and Events Fall Catalog is Now 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)(19) for the discussion of information subject to exclusion under 2.2-3705.2(14), where discussion in an open meeting would jeopardize the safety of any person or the security of any facility or building, specifically, the security of City Hall and Council Chambers; motion was seconded by Councilor Holmes and passed by the following recorded votes. Ayes (6) Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Return to Open Meeting Approved. Upon the motion of Councilor Graham; seconded by Councilor Holmes and passed by the following recorded votes, Council approved a return to an open meeting. Ayes (6) Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). 22288 Regular Session 10/08/24 Resolution 24-71, Approved, Certifying Closed Meeting (D24-433). Upon the motion Councilor Graham, approved Resolution 24-71 certifying the closed meeting; seconded by Councilor Holmes and passed by the following recorded votes. Ayes (6) Councilors Devine, Frye, 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 9:30 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council 22289 APPROVED 01-09-24 Regular Session 10/08/24 [This page intentionally left blank] 22290