City Council

Public Hearing 12/10/24 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 December 10, 2024 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, December 10, 2024, beginning at 7:33 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, Deputy City Manager Mark Whitley, Deputy City Manager David Brown, City Attorney Kelly Lackey, Director of Planning and Building Services Michael Craig, Zoning Administrator Kelly Machen, Director of Economic Development and Tourism Josh Summit and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D24-505 thru D24-524). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. Resolution Amending the 2015 Comprehensive Plan to Update Chapters 10 and 11 (D24-505 thru D24-524). 22337 Public Hearing 12/10/24 Ordinance 24-27, First Read Approved, Authorizing Execution of Deed for Vacating Unimproved Portions of Roffman Road and Bakersfield Lane Rights of Way, on GPIN 7860-90-8859. Ordinance 24-28, First Read Approved, Zoning Map Amendment to Rezone 25.92 Acres from the R-2 Residential District to Planned Development-Residential (PD-R) with Proffered Conditions for the Virginia Supportive Housing and Jeremiah Community Institutional Housing Project. Resolution Granting a special use permit for a 189-unit institutional housing project for the Virginia Supportive Housing and Jeremiah Community Institutional Housing Project. 36 speakers. Staff presented a PowerPoint presentation discussing the location, Issues, Proposed Uses, Proposed GDP, Proposed Comprehensive Plan Area 2 Amendment, Proffers and Key Issues. The applicant’s Attorney Charlie Payne and Ms. Meghan Cotter presented a PowerPoint presentation and he discussed: the Application Overview, GDP, Proffers, Street Plan, Phasing, Supportive Services Provided, General Rendering, General Layout of Units, VSH Typical Efficiency Apartment Floorplan, New Response to Homelessness and Community Benefit. Councilor Mackintosh asked if the maker space would be a space that could provide training to build technical careers. Ms. Cotter said that was the idea, she said 22338 Public Hearing 12/10/24 they have done a lot of study on what is working in other communities. She said they have a program that identifies the skills people have and they try to figure out how to move them into an economy so that they can earn additional income and the maker space is that place. Nick Cadwellendar, 801 Hanover Street, serve on the Jeremiah Steering Committee and a member of St. George’s for 25 years. Mr. Cadwellendar told the story of Charles Sidnor, Rector of St. George’s who was going to a meeting at the church and he met a homeless man sheltering in the entryway of the Parish Hall. He invited him in and they listened to his story and that set off a chain reaction in the community. The church decided something had to be done for the homeless and within a year they purchased a house for women and children and called it Hope House and other churches in the downtown began to support it. One year after Hope House was established another parish member Thurman Brisben recognized there were still people sleeping outside on cold nights and she established the first cold weather shelter in the churches family room. The cold weather shelter was moved to the old Maury School, it moved to Essex Street, and today the Thurman Brisben Center is on Central Road in the industrial park. He stated that even with the two shelters, there was still an unmet need, those with drug and alcohol dependencies and mental health challenges and they struggled to live in close community. The downtown churches came together and formed Micah Ecumenical Ministry. 22339 Public Hearing 12/10/24 Michael Kirby, 718 Denton Circle, former homeless person but he said he was given a chance by Micah and he said there are many out there that need the help. Peg Phillips, 7113 North Shade Tree Lane, said people who experience homelessness want the same choice as those who are not homeless. They want to be safe and have a place to call home. She has worked with Micah going on 13 years. She stated that she lived on the streets for five years and through Micah she was given a chance to make different choices. She said it was daunting to know that there are still unhouse people after 20 years. She said the Council has the opportunity to make a change in that tonight, by supporting the approval of Jeremiah Community. Anita Crossfield, 801 Littlepage Street, stated that the Jeremiah Community project was crucial to Fredericksburg. It offers stable housing and vital support to those experiencing homelessness. She said it is a community that provides hope for those it serve. Supporting this project reduces the strain on public services. Luther Forbes (D24-509), 202 Charles Street, spoke in support of the Jeremiah Community to help the unhoused neighbors. He said as the Treasurer of the Young Democrats of the Fredericksburg Area they would like to show their support for the approval of the Jeremiah Community. Ann Blosser, 19 Pawnee Drive, said she has witnessed many changes in Fredericksburg but one of the influential changes she has witnessed is the impact Micah has had on the unhoused neighbors. Micah provides the basic needs to those unhoused, and the Jeremiah Community is a project that can provide those needs, and it will give 22340 Public Hearing 12/10/24 that human connection to those neighbors. She asked the Council to approve the Jeremiah Community. Sam Shukas, 125 Princess Anne Street, in her role at GWRC she wears two hats one is homelessness and running the Continuum of Care for the region and the other is affordable housing. She said a project of this size would have a huge impact on those they could serve at one time. Under the Affordable Housing Priority, there is a Regional Housing Summit and they discuss these issues. There are two goals under the Affordable Housing Priority: the creation of the Regional Housing Assembly and the Jeremiah Project. The Regional Housing Assembly has Micah Ministry as one of their members. Joseph Crawford, stated that he arrived in the City in 2023. A Caroline County Sheriff drove him to Micah because he had nowhere else to go, he had dinner at one of the churches and a bus picked him up and took him to a shelter. He said without Micah he did not know where he would be. He hopes this can give people hope and with the Jeremiah Community this will give them a place to go. Carl Bardy, Executive Director of Central Virginia Housing, 2300 Charles Street, said they have been an active member with Micah for many years. He said on an average month they are seeing 100-125 people getting rent increases and requests to move. He said on a daily basis they are getting calls from people who are homeless. He said they increased their inventory of affordable housing from 65 affordable units to 177 units. Mr. Bardy said if they double their inventory, it still would not be enough this is what makes Jeremiah’s Community so vital. He urged the Council to support. 22341 Public Hearing 12/10/24 Meghan Samples, 1003 Emancipation Highway and business owner on Caroline Street. As a resident and business owner, she believes in compassionate and effective programs to support the homeless and affordable housing in the region. She is also a supporter of the Jeremiah Community Project. She said the issues of affordable housing plaques the region. Those that are unhoused are the most vulnerable in the community. She said the Jeremiah Community would not only provide critical housing to the most vulnerable, but it would create opportunity for safe spaces for citizens who are experiencing homelessness. Patricia Bowling, 1216 Payne Street, a public defender stated that her views as a public defender shape her views on homelessness. She strongly supports the Jeremiah Community and she asked that the Council do the same. She said there are two reasons the Jeremiah Community is the right thing to do, first she has noticed that there is a higher number of unhoused people charged with crimes. The crimes are usually directly correlated with being unhoused. The second is the heart piece; Fredericksburg has the opportunity to show what type of community it wants to be. This will allow Fredericksburg to show that it cares for all people in the community. Fred Rankin, 4 Derby Drive, 22405, the chair of the Board of Directors for Micah Ecumenical Ministries. He also severed as Chief Executive Officer for Mary Washington Healthcare from 1995-2014. In the early years of Micah they would provide dry socks, sleeping bags and tents but as they learned more about the needs they adjusted and began adding services such as community meals. As they grew, they adopted a housing first mentality and at the same time, they started adding support services. Early 2000, 22342 Public Hearing 12/10/24 they formed their first major partnership with Mary Washington Healthcare. Last year, because of a generous donation Micah opened Hesed House, temporary housing. Mr. Rankin said they learned that the root cause of homelessness is a loss of relationships. The unhoused all want what we all want, a social network where they can thrive and live safely and the Jeremiah Community will provide that. Secondly, they learned that caring for the unhoused in a holistic manner is not just in the purview of the nine downtown churches. He said they could not have done this without the support of other people and organizations. He thanked the City officials (Council, City Manager, Police, and Economic Development Authority), the businesses downtowns and the countless individuals who volunteered their time. Mr. Rankin said the Jeremiah Community would not only be good for the unhoused, but it would be good for the City and it would end street homelessness in Fredericksburg. Xavier Richardson, Spotsylvania County, speaking on behalf of Mary Washington Healthcare stating that they have been longtime supporter of Micah Ministries and they support the current efforts developing the Jeremiah Community. He said housing is health. They have supported the respite housing initiative and proud to be a prat of the project. He said this community would help to solve many of the housing problems. He said tghey have been able to introduce other agencies to Micah. Mr. Richardson explained that originally, they were a co-applicant but they were not able to sign the recent documents related to proffers because they were not the owner of the project. He said that is the only reason why they are not listed a co-applicant 22343 Public Hearing 12/10/24 but he said they are very supportive of the effort. He encourage the Council to support this project because it would have a significant impact on the community. Eric Bonds, 437 Hanson Avenue, encourage the Council to support the Jeremiah Community Project. He said being without shelter is one of the most profound environmental injustices. He stated that being unsheltered exposes people to extreme heat and cold and it cut lives short. Those that are unsheltered tend to live in areas that are less safe and it means they are living without sanitation. The creation of the Jeremiah Community is about securing the basic aspects that make human life possible. Mr. Bond also noted that Micah was an intricate part of the community garden at Snowden and it was one of the most beautiful, productive and cared for plots in the area. Anne Little, 726 William Street, since 2008 Tree Fredericksburg has been working with Micah in planting trees. She said this project would be good for the community. She noted that the two projects Micah referred to the Eden Village in Springfield, Missouri and Community First in Austin, Texas both have extensive history in building model communities for the homeless. Both the communities have been successful. Ms. Little said the City needs the resources to back the project. She noted that some of the rules that have been adopted in these two communities should be adopted in the Jeremiah Community in order to make it a successful and safe enterprise for the nearby neighbors and future residents of the community. She also noted that both communities built their community center prior to building the homes. Ms. Little said Eden Village and Community First do not use HUD money so they can impose the rules they have in place to ensure a safe and sustainable project. She said 22344 Public Hearing 12/10/24 she had spoken to Ms. Cotter about that and that was something they were considering. She urged the City Council to make a condition of approval that no construction commence until a commitment is made to build a health care facility. She further urged that Micah provide the City with a Memorandum of Understanding stating that they will adhere to the best practices that Eden Village established in order to ensure the success of the project. Rev. Joe Hensley, 801 Mortimer Street, Rector at St. George’s Episcopal Church and a member of the Micah Ecumenical Ministry Board. He said he was there to represent the enthusiastic support. He said not only the nine churches support Micah but there are over fifty churches in the region supporting Micah. He said there was an unprecedented amount of support for the project from the faith community, non-profits, business members, citizens, government, healthcare and he thanked the City for its cooperation so far. He emphasized they have a coalition that was building momentum and he asked the Council to approve the project. He said they were not property developers but community developers. He asked the Council to be a part of a greater plan. Mitzi Brown, 809 Charlotte Street, stated that she has lived in Washington, DC, Orlando, Florida, New York and Pennsylvania and each of these places have a homeless problem, they each are off of 95 and have bus and train stations. She said those are a couple of reasons they have homeless problems and it is not going to go away for them or the City of Fredericksburg. In Philadelphia, when she first moved their homelessness was a major problem for businesses, communities and she said you would be torn between annoyance and compassion. She said eventually, in the outskirts, they created 22345 Public Hearing 12/10/24 a support center that worked on housing solutions and they had several houses scattered throughout that they used to house them. In the end, they adopted a Comprehensive Plan to deal with some of the homeless situations and it was successful. It alleviated some of the homeless from downtown. She said there were fewer and fewer homeless and it was replaced by those who were homeless to them working in the community jobs. Ms. Brown asked the Council not to delay. Craig Graziano, 1603 Charles Street, Branch Manager for Central Rappahannock Regional Library. He said many of the homeless are daily regulars at the Library and most do not cause any issues and follow the rules. He said the staff has been trained on how to deal with the homeless. He stated that the library should not be a day shelter for those that are homeless. The wear and tear on the building and staff was not insignificant. Mr. Graziano said they direct many to the hospitality center because it can provide services that the Library cannot. He said they look forward to continuing to work with Micah. Brian Stelmok, 109 Twin Lakes Drive, HOA president for the Bragg Hill Community Corporation (Bragg Hill Townhomes). He said the Jeremiah Community is a good thing but he was concerned with the implementation of the project. He spoke about the impact to his community. He said they have consistently asked for Roffman Road to be connected to Bakersfield as it has always been on the plan since the neighborhood was built. He said they do not want to bear the burden of people driving on their private roads to complete the road network. Mr. Stelmok asked the Council to consider his request. Joe Wickens, Executive Director, Rappahannock Area Community Services Board, said they have a long standing relationship with Micah and supporting the homeless and 22346 Public Hearing 12/10/24 those with mental health needs. He reflected on the Unsheltered Homeless Summit he attended that was sponsored by the City where they discussed building and developing communities for the homeless. He thought that was a novel idea and he thought it would take a person with drive and he said Meghan has that drive. He never thought that three years later this would be a reality. He said this was a unique solution for the City. He stood in strong support of the Jeremiah project. Libby Humpries, 209 Ferdinand Street, the Commonwealth Attorney spoke about the rehabilitation and the crime prevention this could bring. She gave an example that when you have crime, that stems from addiction and they do not have stable housing. She said you cannot fix the crime until the addiction is fixed and you cannot fix the addiction until there is stable housing. She said moving them to rehabilitation and stable lives would do a great service and will ultimately save money. Karen Yang (D24-510), Director of Community First, Austin TX, invited the Council to learn more about their innovative Community First! Model and how it has impacted their community. Community First! Village is the first of its kind and it provides affordable, permanent supportive community and housing for individuals coming out of chronic homelessness. The resources needed are available through collaborative partnerships that they built with the local government, EMS and Commissioner Court, Downtown Austin Community Court and Austin’s regional public transit provider as well as on-site supportive service providers. 22347 Public Hearing 12/10/24 Fred Zumwalt (D24-511), Counselor at Resilience Counseling, stated that Micah and Resilience entered into a Business Associate Agreement in March 2024. Resilience provides clinical therapy services to the Micah Neighbors. Micah provides on-site space and support for the services to be performed. Mr. Zumwalt explained that homelessness and mental health are deeply interconnected with each influencing the other. He found it true that homelessness can create chronic stress. He thanked the Council for considering the positive opportunities and health benefits of our neighbors when everyone works together to provide them a place they can call home and feel safe, the Jeremiah Community. Dr. Olugbenga O. Obasanjo (D24-512), Director of Rappahannock Area Health District, spoke about the partnership the RAHD has with Micah Ministries as well as the health benefits he believes the Jeremiah Community would have for the area. Dr. Obasanjo said housing is what public health considers to be a social detriment of health or a non-medical factor that impacts health outcomes. He said they heard from the community that it is a detriment and it affects their health. In the 2021 Community Health Assessment, responses showed that affordable housing was the top factor that could improve quality of life in the area and working to end homelessness was one of the top responses. The Jeremiah Community was included in the Health Improvement Plan as one of the strategies to increase the number of safe, sustainable communities with affordable housing options in Planning District 16. Dr. Obasanjo said projects like the Jeremiah Community demonstrates strong evidence for not just reducing homelessness and increasing housing stability, but it also 22348 Public Hearing 12/10/24 reduces hospital utilization and improving overall mental health and well-being. The estimated cost to manage one chronically homeless individual on the street is $35,578 versus an estimated $15,495 in the Jeremiah Community. This project is a step toward achieving health equity in our area. Kristin Marsh, Ph.D. (D24-513), University of Mary Washington, 1508 Augustine Avenue, spoke in support of the Jeremiah Community and she urged the Council to vote in favor. She said it was critical that this project pass so that Micah can move forward with building an affordable, supportive, network-rich community for those otherwise facing housing and place-base insecurity. Joel Griffin (D24-514), 913 Caroline Street, spoke about homelessness among veterans. He said veterans make up seven percent of the population but in Virignia that number is nine percent. Veterans account for thirteen percent of the homeless population. The Jeremiah Community offers a chance to change that. This project is more than a housing solution, but it is a lifeline. This project will provide stability, services and dignity for those who have given so much. Matthew Rathbun (D24-515), 4024 Bonnie Brae Court, 22407, spoke in support of the Jeremiah Community. He said this innovative project represents an unparalleled opportunity to address chronic homelessness in Fredericksburg while fostering a stronger, healthier, and more inclusive community for all residents. Mr. Rathbun said as the president of the Fredericksburg Area Association of Realtors he has seen first-hand how the lack of affordable housing has had a negative impact in the region. He stated how essential it is to act now as a community to improve 22349 Public Hearing 12/10/24 the region and provide the safety and dignity that housing allows our neighbors. The Jeremiah Community is more than just a housing development, it is a comprehensive solution and he urged the Council to approve this rezoning proposal and support the Jeremiah Community. Raina J. Boyd (D24-516), 1024 Bakersfield Lane, Homeowner and Homeowner Association Vice-President Riverwalk Community, stated that initially she was against the Jeremiah Community project. She had concerns about the impact of such a development on her neighborhood, safety and the potential effects on home values. After learning more about Micah Ministries’ vision, their process, and their holistic approach to supporting individuals overcoming homelessness, she said she see the significant benefits this project can bring to the Fall Hill area. She has come to realize this is not a makeshift encampment but a thoughtfully planned community, just like River Walk, the new townhomes on Wicklow, and Central Park Townhomes. Ms. Boyd said because of this she was speaking in favor of the project. This development offers a comprehensive approach to addressing homelessness by providing stable housing and essential services, such as a health clinic, workshops for income development, and community support. The amenities like the community center, shared garden space, and the community market will serve as valuable resources not only for those transitioning out of homelessness but also for the entire Fall Hill neighborhood. Richard Hemsley (D24-517), 124 Hickok Circle, spoke about the need for the Jeremiah Community and the intent to provide improved services to the city of 22350 Public Hearing 12/10/24 Fredericksburg and the community. He spoke of how convienient it would be for the residents to have all their services consolidated in one area. Mr. Hemsley said he was working with Ms. Cotter on a community project in the adjacent community for improved sanitation services and renovation of a recreational Basketball/ Futsal court that will enhance the quality of life in Central Park Townhomes. Paula Chow (D24-518), 124 Caroline Street, spoke in support of Jeremiah Community but stated how important it was to build the Community Center before the residential units are built. She also spoke of how important it was to connect the Roffman Road and Bakersfield Lane and upgrade Wicklow Drive as part of the Jeremiah Village. She said if it remains incomplete, it would create an undue burden on the residents of Central Park Townhomes. Jane McDonald (D24-519), 362 Riverside Drive, stated that as the former Executive Director of Rappahannock Area Community Services Board she could attest to the complex needs of individuals who are chronically unhoused. She could also attest to the success of individuals who are provided secure housing, and ongoing services and supports to enable them to be successful in the community. This work relies on community effort and partnerships with a variety of healthcare, educational and social service agencies - partnerships that MICAH has cultivated, as evidenced by the letters of support received for this project from 17 agencies. The services, provided with stable housing, will afford individuals an opportunity to thrive. Ms. McDonald encouraged the Council to vote yes on this project. 22351 Public Hearing 12/10/24 Lynn and Ernest Ackerman (D24-520), 1300 College Avenue, spoke in strong support of the proposal regarding the Jeremiah Project. This initiative represents a well- thought-out plan that promises to become a stellar example for similar communities, catering to a diverse range of populations. The Jerimiah Community project stands out for its meticulous planning and commendable objectives. This project’s innovative approach and well-developed plans are likely to serve as a model for other communities looking to implement similar initiatives. They urged the Council to approve the proposals for the Jeremiah Community project. Sabrina Johnson (D24-521), 816 Grove Avenue, NAACP Fredericksburg, stated that the NAACP Fredericksburg Branch advocates for Black people and all persons of color who are disproportionately affected by homelessness in the Fredericksburg Region’s Continuum of Care. Homelessness is a complex and multifaceted problem that requires the collective efforts of the city administration, partnering service providers, and community organizations. She said it was imperative that they work together to develop comprehensive solutions that not only address the immediate needs of those experiencing homelessness but also prevent future cycles of poverty and displacement. The Jeremiah Community’s focus on providing permanent housing solutions and fostering relationships within a community can create lasting change and have a profound and enduring impact on the well-being of individuals and families experiencing homelessness. The Branch values Micah’s protocols to understand racial equity within its services and programs. The NAACP Fredericksburg believes solutions to homelessness must include not only supportive services but also a deep and sustained commitment to 22352 Public Hearing 12/10/24 racial equity, community collaboration, and the empowerment of historically marginalized voices. Dan Maher (D24-522), President & CEO Fredericksburg Regional Food Bank, spoke in support of the Jeremiah Community project. He noted that his project would contribute to food security and health, which are paramount concerns with the Fredericksburg Regional Food Bank. He said when a person is unhoused, there are limited food options available to them. Many meals are limited to snack foods and quick ready- to-eat resources. Access to self-sufficient meal provisions will contribute to three important impacts: improved personal health, greater dignity, having positive impacts on mental health and self-image and reduces the need for space and volunteer commitments that are essential when civic and nonprofit entities provide congregate meal programs. Dr. Theron Stinar (D24-523), CEO, Fredericksburg Christian Health Center, endorsed the Jeremiah Community development and affirmed their commitment to provide on-site primary care and mental health services to the residents of the Jeremiah Community and their neighbors regardless of the persons insurance status or ability to pay for services. For two decades, the unhoused neighbors served by Micah Ministries have received compassionate and high-quality care at FCHC clinics. Over the past two and a half years, FCHC has provided on-site care at the Micah Day Center, Respite House, Hesed House, and performed home-visits to those sheltered through Micah Ministries. They are committed to providing on-site medical services at Jeremiah Community at least one day a week in addition to continuing weekly care at other Micah locations. FCHC’s mobile health clinic should be operational by the summer and can be utilized by FCHC to 22353 Public Hearing 12/10/24 provide medical care within the Jeremiah Community even while residents are living there before construction is completed for the onsite health clinic. Dana Herlong (D24-524), 1009 Prince Edward Street, expressed her concerns about community safety within the City and she stated that the site was not the right location. Ms. Herlong said there was no Jeremiah Community without Mary Washington Healthcare as an applicant because there is no commitment for providing the required healthcare facilities and Support Works Housing has not committed to a timeline to build their required portion of the project. She suggested the Council make conditions that no construction commence until there is a commitment to build the healthcare facility, and there is a commitment and timeline from Support Works Housing. Councilor Gerlach asked about security and whether there would be a code to get onto the property and Ms. Cotter said they do not want it to be a gated community, they want to function as one community. She explained that there are ways they plan to put security in place, one way is that the roads within the property are intended for service vehicles, emergency vehicles and primarily pedestrian traffic. They also plan to have a robust camera system and the people who live on the property will handle issues that come up during off hours. Councilor Gerlach also expressed concern for the fire safety and health of individuals who have kitchens in the units. He asked would there be regular inspections of the units. Mr. Cotter explained that taking care of the community inside out is what they do. They start with the person and work outward to where they are living. She said 22354 Public Hearing 12/10/24 they are in and out of the places they live mitigating challenges and teaching life skills in order to make them successful. Councilor Gerlach asked City Attorney Kelly if there needed to be a monetary amount in the ordinance for the right-of-way since there was a savings of $35,000 per person. Ms. Kelly said it was up to the discretion of Council if they wanted an amount in there. Vice-Mayor Frye asked Ms. Cotter to speak to the issue of road connection of Bakerfield and Roffman. Ms. Cotter said they heard those concerns and talked at length with the neighborhood. She said part of the reason for not connecting it is so they can manage the property in the way they need regarding security and the need to make it predominately a pedestrian neighborhood is important for the safety and security of the residents. She said it was also important to control the comings and goings without making it a gated community. The engineer has done an analysis of the traffic coming and going from the property as well. Vice-Mayor Frye asked what does this project look like without Meghan Cotter and she stated that Mr. Cadwallender detailed the history of the downtown churches and the different needs and all that went on before she was born. Secondly, she said she always look for sustainability and training people to come behind her and take her place. In the beginning, it was just her and $50,000 now there is a staff of 30. She was very proud of her staff and how they respond to things. She said the ministry is about more than her; she’s just the one that allows God to use her. The ministry is about the downtown churches that have a bigger vision and a higher calling. 22355 Public Hearing 12/10/24 Councilor Frye expressed his concern that some people are making the perception that this project would be housing criminals and he said this is a homeless issue. He said in reality it could be anyone that falls into this situation and everyone should be treated like humans. Councilor Duffy was in support of the project and he congratulated everyone for the community support. He asked Ms. Cotter to speak toward the criticism on the approach, the timeline or rules in which the project would come forward. Ms. Cotter said they have studied other ways of doing this single site supportive housing model. Everything they have learned is housing first you put them in housing first and work on what is going on once they are housed. She said their work is about helping people to live well. She said every community has guideline and expectations and so will they. Everyone who live there will be expected to pay rent and abide by civil law. Attorney Payne said they have structured the proffers so that there will be incremental growth of the community but the services will always be there. He said not all 189 units would be built at one time it would be done in a responsible way. Councilor Mackintosh was excited about the way they are building community but he was asking about the neighbors and if they would be able to take advantage of the internal network. He asked how they would balance those needs with the security. Ms. Cotter said doing the project right and as they become a neighborhood, they will begin to function as one neighborhood. One of the things they have talked about at a high level is what it would look like for all the neighborhoods to work as one body to advise on how they function as one neighborhood. She said they do not want to do anything that would 22356 Public Hearing 12/10/24 put up any walls. Mr. Payne said they would be extending sidewalks on their site, and they are not discouraging people to stay away and he said they were also connecting to the trails from their site. Mr. Payne said they were improving the entire portion of Roffman Road to meet City specifications. Mayor Devine said this project was nothing like any other project in Virginia and Fredericksburg has always been a generous and compassionate community. She addressed some of the concerns that she has heard. First, the number of units originally the MOU spoke of 30-50 units and now there are 109 separate units. She asked the breakdown of single and double units. There was some thought that people that were already housed in other units would be moved but that is not the case they will remain where they are. There has been some concern that Fredericksburg host 42 percent of the regional publically supported affordable housing but it is only one percent of the land in the region and less than ten percent of the population. The compassion is there, but this is a strain on some of the City services and there is concern with how this will play out. Mayor Devine stated that if the first phase is around forty units and if some of those units are double units that doubles the number of people. The Community Center was to come on after forty units, with the double units that is 80 people, and she said the Community Center needed to come sooner. There was discussion of a temporary structure for the Community Center and she emphasized there must be permanent structures for the residents and no tent cities. She said it was important that the consolidation of resources on the site would diminish the need for 1013 Princess Anne 22357 Public Hearing 12/10/24 Street. She said these are questions that have been out in the community and some were concerns she has had. Mayor asked if some of the tenants have cars where would they park and Mr. Payne said there was a parking lot. Mr. Payne explained that there would be a community center on site day one, it will be a temporary facility and after the fortieth structure there would be a permanent facility provided on site. He said the proffers require the services to be on site day one. Ms. Cotter explained the unit breakdown and she said one unit is one person a double unit is a duplex but still has one person per unit. She clarified that nothing they have eluded to has suggested that this would be a campsite. Councilor Holmes clarified that Micah will already have served the people moving to these homes. Ms. Cotter said yes, they have already been receiving services but first they move them to Hesed House to see what problems they may have and then move them into housing. She said 80 percent that have moved into Hesed Housing have successfully moved into permanent housing in the first year. Councilor Holmes said she was excited about the project and her support has grown because of the meetings they have had with Micah. She said she believes that Micah has proven ethics in providing support to the unhoused. Councilor Graham said he was in complete support of the project and he thanked everyone who came out in support. He said this was an incredible project that shows the City’s leadership and compassion. Councilor Graham moved to approve Ordinance 24-27, on first read, authorizing execution of deed for vacating unimproved portions of Roffman Road and Bakersfield 22358 Public Hearing 12/10/24 Lane rights of way, on GPIN 7860-90-8859; motion was seconded by Councilor Holmes. Councilor Gerlach made a friendly amendment to eliminate requirement for any payment. The amendment was accepted and the motion passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Councilor Graham, moved to approve Ordinance 24-28, on first read, zoning map amendment to rezone 25.92 acres from the R-2 Residential District to Planned Development-Residential (PD-R) with proffered conditions for the Virginia Supportive Housing and Jeremiah Community Institutional Housing Project; motion was seconded by Councilor Gerlach 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 10:56 p.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 22359 Public Hearing 12/10/24 [This page intentionally left blank] 22360 Regular Session 12/10/24 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 December 10, 2024 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, December 10, 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, Deputy City Manager Mark Whitley, Deputy City Manager David Brown, City Attorney Kelly Lackey, Director of Planning and Building Services Michael Craig, Zoning Administrator Kelly Machen, Director of Economic Development and Tourism Josh Summit 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 Sergeant Chris Reyes at this evening’s meeting. 22361 Regular Session 12/10/24 Consent Agenda Accepted for Transmittal as Recommended (D24- 502 thru D24-504). Councilor Mackintosh moved approval of the City Manager’s consent agenda; 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). o Resolution 24-85, Authorizing Assignment of Parking Lease Agreement from Venture Hospitality 2, LLC to Historic Fredericksburg Hotel, LLC (D24-502). o Transmittal of Board and Commission Minutes • Economic Development Authority – October 21, 2024 (D24-503). • Public Transit Advisory Board – October 2, 2024 (D24-504). Public Hearing (D24-505 thru D24-524). The regular session was recessed in order to conduct scheduled public hearings and immediately reconvened upon their conclusion. Suspend the Rules. In order to meet past 11:00 p.m. Councilor Graham moved to suspend the rules; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (6). Councilors Devine, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (1). Councilor Frye. Citizen Comment. The following comments were given and/or submitted to be read during the citizen comment portion of this evening’s meeting. Julie Kay (D24-525), 1616 Franklin Street, stated that five years ago an excited group of climate action advocates came to support the City Council’s decision to declare 22362 Regular Session 12/10/24 that the city would become a clean energy city. She said five years later the results were mixed. She stated that the schools had made huge strides by obtaining 10 EV buses, replacing heating and cooling systems, addressing runoff, approving school gardens and the new school was being built with solar panels. Ms. Kay however, stated that the City had barely moved the needle by only installing LED lights in Mayfield, buying a few hybrid cars and passing the plastic bag tax. She gave examples of ways citizens have tried to help the City. Ms. Kay also expressed concerns with the City supporting bringing a data center to the City. Rebecca Brenkman (D24-526), 1515 Princess Anne Street, called on the Council to meet with their constituents to propose a ceasefire resolution for the ongoing genocide in Palestine. She also asked that the Council be more transparent about their converstions toward the proposed data centers and the affects they would have on the surrounding environment. Aleksander Radoulov (D24-527), 2510 Manor Drive, said for the sake of the perception of safety and respect for the City’s Palestinian and Lebanese residents, he had faith that the Council could achieve the bare minimum and pass a ceasefire resolution. Alexanna Hengy, 2412 Lafayette Boulevard, spoke about the 2019 100% Renewable Energy resolution the City Council passed. She recapped the things that had not been done or things done that were not supportive of the resolution such as not hiring a Sustainability Coordinator, not doing a carbon footprint summary, purchasing 22363 Regular Session 12/10/24 gas buses, not shutting down the coal plant but keeping it open to run a data center. She also expressed concerns for use of Economic Development Authority funds for the data center study. Ms. Hengy spoke in support of the Jeremiah project but stated she would like to see solar panels built into the project. She also called for a ceasefire resolution. Mark Averi, 180 Dennison Street, 22406, read comments on behalf of Tania Wilson, co-owner of DCB-MMA. She stated that the City had a lack of transparency. She said an inspection had not been done on their building at 624 Wolfe Street. She said the building had a failing roof and caused their business to fail. Their was a mold issue that was not taken care of. She complained that the properly that backed their building was improperly storing tires, has a gas tanker in the back, wrongfully storing oil barrels and antifreeze and multiple inoperable cars. She said they filed a complaint with the Environmental Protection Agency. She said they would be closing their business permanently. Jerome Wilson, 624 Wolfe Street, said that his gym would be closing because the safety of his members come first. He expressed that the building was not safe due to asbestos, mold, structural cracks in the building and a brownfield site behind the building. Mr. Wilson felt like the City was playing games with him and he told Mr. Baroody he did not have respect for people who does not give direct eye contact but he would give him direct eye contact. Councilor Gerlach called on the Mayor for point of order and Mayor Devine asked Mr. Wilson to refrain from direct personal comments to the Council or staff. 22364 Regular Session 12/10/24 Mr. Wilson stated that he was not threatening and said he felt threatened because he would not be able to pay bills anymore. He stated to the Council that he would be everywhere they are because they have ruined it. He felt that more could have been done. Kristopher Cooney, member of DCB-MMA, said he attended a meeting with Mr. Wilson at the Fredericksburg Circuit Court to look at DCB leases that he stated had altered signatures but apparently it was a clerical error. He stated that there were multiple clerical errors on several documents including City documents. He stated that Thalheimer’s direct subsidiary and construction management company MGT was investigated and the senior executive was convicted of fraud by the FBI and the IRS. Mr. Cooney said he was sure it was just a coincidence that just happened to involve Thalheimer, a shady construction company and he said the City was turning a blind eye. Bianca Cooney, member of DCB-MMA, was concerned that DCB-MMA was having to close because of falsified roof permits that she said were signed off on. She stated there was environmental waste next to children’s play sites. She stated that the Council took an oath, and as part of the oath they are to bring forth the vision of Fredericksburg and that involves building a community with cultural vibrancy and she did not feel that was happening based on the response DCB was receiving. Council Agenda Presented. The following item was presented for discussion. 8A. Update – Councilor Duffy 8B. Gun Giveback – Vice-Mayor Frye 22365 Regular Session 12/10/24 Update. Councilor Duffy announced his resignation effective December 31. He said he needed to reprioritize his family’s need and his needs and due to the return of his cancer, he would have to pursue other therapy. He said he has valued the experience. He gave a special thanks to the City Council both past and present as well as the City staff. Gun Giveback. Vice-Mayor Frye reminded the public that they could turn unwanted guns into the Fredericksburg Police Department. He noted that they could contact the Police Department, Sheriff’s Office or even him. Adoption of Minutes (D24-528). Councilor Gerlach moved approval of the August 27, 2024 Work Session minutes and the November 26, 2024 Regular Session minutes; 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). Architectural Review Board – Howard Blackburn, James Jarrell, IV, Matthew Kelly, Helen Ross (D24-529). After the recorded vote was taken, Howard Blackburn, James Jarrell IV and Helen Ross were appointed to serve on the Architectural Review Board with a vote resulting between applicants Howard Blackburn, James Jarrell, IV, Matthew Kelly and Helen Ross. Blackburn (7) Devine, Frye, Duffy, Gerlach, Graham, Holmes, Mackintosh; Jarrell (7) Devine, Frye, Duffy, Gerlach, Graham, Holmes, Mackintosh; Kelly (0); Ross (7) Devine, Frye, Duffy, Gerlach, Graham, Holmes, Mackintosh. 22366 Regular Session 12/10/24 Citizen Transportation Advisory Committee – Rebekah Herrin (D24- 530). Councilor Graham moved to appoint Rebecca Herrin to the Citizen Transportation Advisory Committee; motion was seconded by Vice-Mayor Frye and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Fredericksburg Clean and Green Commission – Shannon Doherty, Jesse Dominguez, Nathan Naidu, Kimberly Rudisill, Jamie Scully, Brenda Togo (D24-531). After the recorded vote was taken, Kimberly Rudisill and Brenda Togo were appointed to serve on the Fredericksburg Clean and Green Commission with a vote resulting between applicants Shannon Doherty, Jesse Dominguez, Nathan Naidu, Kimberly Rudisill, Jamie Scully and Brenda Togo. Doherty (1) Gerlach; Dominguez (0); Naidu (0); Rudisill (5) Frye, Duffy, Graham, Holmes, Mackintosh; Scully (1) Devine; Togo (7) Devine, Frye, Duffy, Gerlach, Graham, Holmes, Mackintosh. Board of Zoning Appeals – John Mell (D24-532). Councilor Holmes moved to appoint John Mell to the Board of Zoning Appeals; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Community Policy Management Team – Jessica Alston, Stephanie Nelson (D24-533). Councilor Graham moved to appoint Jessica Alston to the Community Policy Management Team; motion was seconded by Councilor Mackintosh 22367 Regular Session 12/10/24 and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Duffy, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 24-86, Authorizing the City Manager to Execute an Amendment to the Virginia Department of Environmental Quality Arpa- Enrcpp Agreement for the Fredericksburg Wastewater Treatment Plant Expansion & Upgrade Project (D24-534). Councilor Graham moved to approve Resolution 24-86, authorizing the City Manager to execute an amendment to the Virginia Department of Environmental Quality Arpa-Enrcpp Agreement for the Fredericksburg Wastewater Treatment Plant expansion & upgrade 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). Presentation – Annual Comprehensive Financial Report – Andrew Grossnickle of Robinson, Farmer, Cox Associates. Mr. Andrew Grossnickle with Robinson, Farmer, Cox and Associates reviewed the financial results of the audit with the Council. He said the 2024 audit had an unmodified independent auditors report. He also reported that in the Government Auditing Standards Report there were no material weaknesses or significant deficiencies to report. Mr. Grossnickle also issue a Single Guidance Report, this report is required if you spend over $750,000 of federal funds in a year, and there were no material weaknesses or significant deficiencies to report in compliance related matters. 22368 Regular Session 12/10/24 He reviewed the auditor’s letter and the management letter as well as a few highlights from the report. He reviewed a few financial highlights stating the total net position for the City’s governmental activities was $161.5 million, an increase of $15.6 million and for business activities (equity) the total net position was $98.3 million, an increase of $8.7 million. The governmental funds (fund balance) had a total fund balance of $118.5 million and the main fund of the City, the general fund, reported a balance of $44.2 million and $25.4 million was unassigned. The governmental fund balances decreased by $23.8 million driven by planned capital projects. City Manager’s Report and Council Calendar (D24-535 thru D24- 536). City Manager Baroody directed the Council’s attention to the Manager’s Update: Christmas Parade, Reminder of Real Estate and Personal Property Taxes Due, Santa Claus is Coming to Town!, Learning Lane Emergency Stormwater Repair Update #4, Road Improvement Projects, FAMFaire KrisKringlMarket, School Zone Speed Cameras, Vehicle Weight Limit Posted at Falmouth Bridge, New LED Streetlights, The City’s Upgraded Water Meter Project has Launched!, Data Center Support, Fall Leaf Collection, New Communication Efforts, 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 11:46 p.m. Kerry P. Devine Kerry P. Devine, Mayor 22369 Regular Session 12/10/24 Tonya B. Lacey Tonya B. Lacey, Clerk of Council APPROVED 01-09-24 APPROVED 06-27-23 22370