City Council

Public Hearing 02/25/25 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. SUSANNA R. FINN, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 February 25, 2025 The Council of the City of Fredericksburg, Virginia, held a public hearing on Tuesday, February 25, 2025, beginning at 7:54 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine. Vice-Mayor Charlie L. Frye, Jr., Council members, Susanna R. Finn, 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 J. Lackey, Planning and Building Services Director Michael Craig, Community Development Planner Bailey Thompson, Economic Development Director Joshua Summits, Fire Chief Mike Jones, and Clerk of Council Tonya B. Lacey. Notice of Public Hearings (D25-67 thru D25-110). The Clerk read the notice of the public hearings as it appeared in the local newspaper, the purpose being to solicit citizen input. Development of the 2025-2029 Consolidated Plan and 2025-2026 Annual Action Plan which will Guide the Use of Approximately $200,000 in Annual Community Development Block Grant (CDBG) Funding (D25-67). 22421 Public Hearing 02/25/25 1 speaker. Community Development Planner Thompson explained there was one public hearing for two plans, the 2025-2029 Consolidated Plan and the 2025-2026 Annual Action Plan for the CDBG Programs. Mr. Thompson said this was the beginning of the formal public participation during the Consolidated Plan and the Annual Action Plan. Staff will continue to encourage citizen participation throughout the entire process by holding a 30-day public review period. Following the public comment period, a completed plan will be submitted to the City Council for final approval and authorization to forward it to HUD. Mr. Thompson explained that the Community Development Block Grant program has a housing rehabilitation program, removal of architectural barriers program and they have a direct homeowners assistance program. There are three sub recipients: Lois Anne’s Hope House, Legal Aid Works and they have a public facilities program. Matthew Kelly, 1309 Hanover Street – stated that Central Virginia Housing Coalition was working on the affordable housing issues and he asked how much coordination the City does with them as it moves forward with those goals. He also announced that HFFI, has access to preservation funding and they will start working with Virginia Housing Coalition to determine what they can bring and what the City can bring to preserve affordable housing so that houses will not have to be torn down. He suggested the City needed to be doing more outreach to other organizations that assist with this. 22422 Public Hearing 02/25/25 Vice-Mayor Frye reminded the public that if a citizen needs assistance with home repairs or if a person’s mobility has been impaired that they can reach out to Mr. Thompson for assistance. He thanked Mr. Thompson for his work. Councilor Gerlach also reminded the public that the City has a partial real estate tax exemption program for people who are totally disabled or senior citizens. Resolution 25-10, Approved, Amending the 2015 Comprehensive Plan to Update Chapter 11 to Address Potential for Technology Center Development in Celebrate Virginia South (D25-68). Ordinance 25-02, First Read, Approved, Establishing the Technology Overlay District to Encourage Data Center Campuses and Related Uses in Large Assemblages of Properties; Amending Generally Applicable Data Center Provisions in the Unified Development Ordinance; and Zoning Map Amendment to Designate Part of Area 1 to Technology Overlay District (D25-69). Ordinance 25-03, First Read, Approved, Accepting Amended Proffers for the Neon Project in Celebrate Virginia South to Allow a Potential Data Center Project Consistent with the Technology Overlay District (D25-70 thru D25-72). Planning and Building Services Director Craig, Economic Development Director Summits and Deputy City Manager Brown presented a PowerPoint presentation and in the presentation, they discussed the following: Process 22423 Public Hearing 02/25/25 Review; Review of the Four Items Under Consideration: Comprehensive Plan Amendment, Unified Development Ordinance Text Amendment, Zoning Map Amendment, Proffer Amendment for the Neon Project; Regional Markets – Fiscal Impacts, Electrical; Water Usage and Points of Discussion. See D25-71 for more information. Attorney Charlie Payne, with Hirschler, represented the applicant, he presented a PowerPoint presentation and in his presentation he discussed the following: Proffer Amendment Application Overview; Map of the property; Map Showing the Land Area; Map of Transect Overlay Distances to River; Data Center Use; Capital Improvements Plan (FY 2025); JLARC and TOD; Key Points Regarding TOD; Reuse Water and Other Elements. See D25-72 for more information. Anita Mason, 1401 Ashford Circle, was and elementary school teacher in Boston for 31 years and she said education is what brought her to the meeting to speak in favor of the data center. For the past two years, she has been employed as an instructional assistant, a paraprofessional in special education at Lafayette Elementary school. Lafayette and Hugh Mercer are Title One schools and that means 40 percent of the students population come from low income households. Schools can use Title One funds for additional teachers, special programs, tutoring or classroom supplies but there are strict spending rules and pressure to meet results through assessments. The money is not enough to cover all the needs of the school. Schools survive mostly on state and local funding and only ten percent is earmarked for education the rest comes from federal taxpayers. 22424 Public Hearing 02/25/25 She talked about how teacher salaries had dropped from the 22nd to the 24th in the nation. The average salary in Virginia is $63,000; the national average is $70,000. The starting salary in Fredericksburg is $46,000 and teachers use their own money for extra curriculum. Ms. Mason said the tax dollars from the data center can help in just food alone. She said she would welcome the data center in order to broaden the tax base. Libby Wassem, 1005 Albert Reynolds, spoke in support of data centers in South Celebrate Virginia. She said the City needs the revenue to pay our teachers a living wage; to feed the children and citizens and educate the children. She was concerned about how data centers were being set up. She said a special use permit (SUP) would give the City more power to negotiate what the people want. Ms. Wassem said there are no protections in environmental law and if there was an SUP it would give the City a platform. Guy Gormley, 1419 Buckner Street, spoke in opposition of data centers. He said there had been a lot of discussion on environmental concerns, power concerns, water usage, noise and encroachments onto adjacent neighborhoods. He said the only real argument he has heard in favor of data centers is the potential revenue. He stated that he would like to see the data behind the revenue projections from an independent source. He said no individual data center project has delivered the revenue promised. Mr. Gormley said it would be foolish to tie the City to the data center industry provided revenue projections. He suggested that the data center industry would be able to do 22425 Public Hearing 02/25/25 double the work in half the space in a matter of four years. He stated that the City was going to make a poor economic decision based on yesterday’s reality. Martin Conroy, 1301 Ashford Circle, spoke in support of data centers. He was supportive of what Ms. Anita Mason had to say because his career in education took him from the classroom to an administrator. He said the potential crude income would be important for schools and libraries. The funds would be good to help with funding programs that schools and libraries are unable to do today. Mr. Conroy stated that people are scared of change and he spoke about the City he lived in and how it changed from a second-class city to a world-class city, while preserving all its history. He said this was an opportunity to serve all the residents of the City. You do not progress, unless you change. Matt Kelly, 1309 Hanover Street, spoke in opposition of data centers. He said the public should have been a part of the learning process that the Council claimed to be going through when they did the 2x2 tours of the data centers. Mr. Kelly noted that the City was also looking at another track for data centers and it was closer to a residential neighborhood. He stated that Spotsylvania and Stafford Counties were stepping away from by right data centers and looking at conditions or special use permits. He said he was aware that the City was looking at conditions for buffers, vague language of water usage, hours that generators could be operated and screening but he said the concerns went beyond that. Mr. Kelly added that buffers near residential areas were surreal when the JLARC study suggest staying away from residential areas. He said what was not being 22426 Public Hearing 02/25/25 considered is that Stack Infrastructure was building closed loop cooling facilities reducing water use. He said they have a facility that will run their generators with hydrogenated vegetable oil and another being run with 100% renewable energy and Natural gas is being used to fuel generators and he asked why these conditions were not being considered. Gary Holland, 34 Newgent Drive, 22554, Pastoral staff at Zion Church Fredericksburg, spoke in support of data centers, he said they could have a transformative impact on everyday people. He said he was currently serving as Senior Director at a Global IT Company, which is valued at over $15 billion. Mr. Holland said he started his career over 25 years ago, His first job was in a data center and no one knew it was a data center. He said he was able to start his IT career there with a high school diploma and a six-month certificate from the Computer Learning Center. His experience working in the data centers allowed him to travel throughout the country implementing technologies that allow us to use debit and credit cards around the world. Mr. Holland said data centers could have a transformative impact on everyone. He said they have jobs for lawyers, Human Resources, accountants, facilities managers, managers, executives, etc. He said these data centers will provide job opportunities that can change an outlook for families. Sue Sargeant, 1318 William Street, spoke in opposition of data centers. She said the four Planning Commissioners voted against the Technology Overlay District (TOD) because it was too rushed, and should not be by right, but by SUP. She asked about the 22427 Public Hearing 02/25/25 proposed bridge river crossing that has broad support from FAMPO. She said the four Planning Commissioners knew the importance of hiring consultants. Alexanna Hengy, 2412 Lafayette Boulevard, spoke in opposition of data centers. She said the City was being bamboozled. She felt the Council was ignoring the harm that that data centers would cause the City. She asked the Council to have more of an imagination. She suggested that the Council press pause on the project. Ms. Hengy gave an example of an earthen village or cobb houses that are built underground. She said they do not have an environmental impact and they can bring in tourism dollars. This is what she would like to see on the land. Lois Powell, 1401 Ashford Circle, a retired teacher from Long Island, New York spoke in support of data centers. She moved here several years ago and she is a member of the Lion’s club. The Lion’s Club has set up a grant so that teachers can get money to do some of the special programs they would like to do for the students but are unable to get the money through their district. They also give scholarships to the students and they work with the school counselors but every other year there is a different counselor because they move on to better paying positions. Ms. Powell said data centers could do a lot of good for Fredericksburg and the schools. She said many are concerned about the environment and she was as well. She asked the Council to take their time making the decision but make it so that it will help the City of Fredericksburg and the school system. Erik Bonds, 437 Hanson Avenue, spoke in opposition of data center and he said he hoped the City had sent out mailers to all those that will be surrounded by the data 22428 Public Hearing 02/25/25 center to let them know about the data center or that there was a public meeting held for them. He said the JLARC study was clear the data centers and neighborhoods do not mix. Mr. Bonds said, this past January, was the hottest January recorded on earth and each month from June 2023 to May 2024 a record has been set for the highest global surface temperature. July 2024 was the warmest global temperature recorded and this is a climate crisis. He said climate change is an emergency and we need to act like it. He said by allowing the City to put data centers here it will make matters worse. He said the City needed to find a way to fund schools while moving away from fossil fuels. Julie Kay, 1616 Franklin Street, spoke in opposition of data centers. She said this has been a difficult process but she feels the Council was going in the wrong direction. She said when they came in 2019 with the clean energy resolution they expected the City to have clean energy by 2035 and all homes by 2050. She said she was with Al Gore’s Climate Reality, there are tipping points that will never be reached or recovered, and data centers are part of the reason that they are doing so poorly at clean energy. The energy use of a Fredericksburg Data Centers will be ten times the amount of what all the electricity is used in Fredericksburg. She said the Council was not being creative. Jarvis Bailey, 1001 Cadmus Drive, spoke in support of data centers and said he was from the eastern shore where he worked as a member of the young adult conservation core at Assateague Island National Seashore Wildlife. He said as a kid he came to Fredericksburg every summer and he knew then, Fredericksburg was a special place, and he would live here. He said he agrees with Mayor Devine when she says we 22429 Public Hearing 02/25/25 all want what is best for the City. He said he serves the community and as a school board member and, he thanked the Council for their support of public education and its partnership with schools. He said he knows the Council does its homework and he encouraged the Council in their decision. He said the City has a 14% special education population, 53% economically disadvantaged students, 27% English language learners 94% of the student population has needs that need to be funded in a significant way. He said a yes vote will have a transformative impact on both the schools budget and the City budget and he encouraged the City Council to vote, yes. Xavier Richardson, 8121 Lee Jackson Circle, 22553, he said Mary Washington was in support but a letter would be read supporting the data center. He was compelled to talk about kids that are less fortunate that he has mentored and invested in over the years. He said he mentors regionally and James Monroe was lacking in its ability to meet the Career and Technical Education (CTE) needs of the community. There is a need for CTE here in the City but they cannot afford it without the support of other resources. Mr. Richardson said he could not think of any other way to have access to the funds that would come from this project. He said the funds are needed not just for students but for resources for the teachers. He was afraid the City would fall further behind. Cameron Rodgers, 1305 Winchester Street, member of the IBEW Local 26, Electricians Union, and he works in Northern Virginia in the data center construction. He was supportive of the TOD because it would lead to less commutes for the 22430 Public Hearing 02/25/25 electricians in the area, more apprentice programs, and inspire more electricians to come up through the local area. The skill trades help people who do not go to college and through the union, he has a six-figure salary. He said data centers are the lifeblood of the union to let them work and build things around the City. Don Slaiman, 3314 Valley Drive, Alexandria, VA, represent the IBEW Local 26, he spoke on behalf of the union. He said there were others that come out but he sent them home because they had to get up so early. He said there are over 1,000 members who live within the City and the surrounding counties. He said the workforce has grown from 7,000 to 14,000. In August they brought in 500 apprentices and they plan to bring more this August. He said data center jobs are for tomorrow but performed today. The industry is to store data efficiently. Data is doubling every two and a half years. The industry is unionized organically because of the skilled nature and redundancy they need. Forty-five percent of construction for the data centers is electrical work and because of the industry being centered in the Northern Virginia, they have eleven prefabricated shops to do manufacturing and prefabricated modulars for the data centers. He said they have over thirty employees in the data centers working. Rebecca Brenkman, 1515 Princess Anne Street, she attended the Planning Commission meeting about data centers and she stated that they worked very hard. She expressed concern for the lack of information for the results that they were told to have. She stated that they did not have the results from the study that the Economic Development Authority funded. She asked why the City was rushing to rezone the property if the results were not back from the study. Ms. Brenkman stated that the 22431 Public Hearing 02/25/25 Planning Commission felt uncomfortable moving forward and they recommended not approving. She asked the Council to think of creative ways to make revenue for the City that are sustainable and will not harm the environment. Marian Matthews Lamphere, 1610 Franklin Street, volunteer her time creating gardens at the City schools and she substitute teach. She said this was a big decision. She loves the City and she is originally from South Africa. She said these decisions are giant when speaking of a 90-foot building near the river. She said her son is a fisherman and her husband is a biologist at the University of Mary Washington (UMW). Ms. Lamphere was concerned for the sturgeon they catch and the snakes along the river. She how much money is enough. She said if data centers are surrounding the area how will there be respite for those that visit here. Vance Aires, 7226 Persimmon Lane, King George, he said he and his wife shop and eat in the City and his daughter lives in the City. He said he works for International Union Elevator Constructors. He said the data centers have provided many work hours for their members. To pass up a data center would be a mistake. He represents the Virginia Building Trades, 25,000 members. He said he believes in the environment he recycles and pick up trash, he belongs to associations, organizations, and pay money into protecting the environment. He said he believes in green energy. These projects create jobs that promote highly skilled trade careers. Mr. Aires said they hire locally and they spend their money here. The tax revenue will help with infrastructure, schools, fire, police and EMS. He said these projects go through a stringent process to get where they are. 22432 Public Hearing 02/25/25 Donald Glender, 1301 College Avenue, student at UMW spoke against the proposed Technology Overlay District. He said he was aware of the financial benefits data centers could bring to the City and how the taxes could help with the burdens on taxpayers. But,the environmental cost outweigh the benefits because they consume a massive amount of energy using on average 100 megawatts (MW) of power and hour. The yearly usage of energy from a data center is 4½ times the amount of energy used by all the residences in the City. He said this energy comes from fossil fuels and Dominion Energy was building a new natural gas plant to meet data centers demand. He said data center development as a whole has caused decommissioned coal plants to be turned back online. Mr. Glender said each data center built will cause a struggle against climate change and his generation will be forced to inherit. He said he has interviewed several jurisdictions that have data centers and many have expressed how important it is to not have by-right data centers. He asked the Council to make data centers by special use permit to give the City and the citizens’ control over what is built in the City. He said many of the data center do not run at max capacity meaning they cannot be taxed at max capacity. He urged the Council to reconsider approving the TOD. Madison Morgan, 207 Duncan Street, Ashland, VA, read a letter from the Tri- County/City Soil and Water Conservation District. The Virginia Association of Soil and Water Conservation District (VASWCD) expressed concern over the inadequacies and quality of erosion control on utility projects in the Commonwealth. They would like more investigation of erosion and sediment control measures to be implemented. 22433 Public Hearing 02/25/25 VASWCD called on the General Assembly to remove any incentives to convert forest, prime pragmatic or agricultural lands into utility scale solar industrial facilities, provide incentives for such facilities to be developed on brownfields and on existing residential and commercial structures where they can contribute to greenhouse gas emissions reduction without impairing environmental quality in the Commonwealth. She said they would like to promote the adoption of utilities solar technology that is compatible with continued agricultural activity, that are environmentally sound, and that preserve the authority of local governments to make land use decisions. Ms. Morgan said the TCCSWCD believes in protecting the Commonwealth’s natural resources. They asked that the City Council consider all current and future utility scale applications with the importance of protecting the Commonwealth and its waterways. She asked the Council to look into the environmental compliance records of the developer to make an educated decision. Victor Nuby, 1301 College Avenue, student at UMW, spoke in opposition of the data center. He said the effects of the data center industry could not be overstated. He said there was no environmentally conscious way to power the data centers no matter how many energy credits used, they will still use fossil fuels to power them. He said the City would not see the monetary benefits of data centers for years due to the waiting times to bring energy to the data centers. Mr. Nuby stated that this was a rapidly changing industry and no one knows how long the benefits would last. Placing data centers near residential areas was putting residents at risk. He asked the Council to consider what the data centers would take from Fredericksburg. 22434 Public Hearing 02/25/25 Max Soundbound, 1701 College Avenue, student at UMW, said he loves outdoor recreation and trails more than anything. He said that is what drew him to Fredericksburg. He said he was trying to protect access to the trails and the river. He was worried about the Epiphany Trail and the Quarry. In regards to view shed, the Friends of the Rappahannock did not want this area to be viewed from the river and there was a study done. He said the trail system is susceptible to erosion and he hoped that proper buffers and mitigation was taken into account to protect the resources. Megahn Cotter, 1222 Brent Street, spoke in support of data centers. She spoke about the need for diversification of resources which are necessary for a city that is flourishing. She said the political climate that we are in would mean less resources coming in to non-profits like hers (Micah Ministry) as well as state and local governments who are already losing what they had to fund roads, schools, public services, etc. She said everyone would need to find ways to do more with less funding. Ms. Cotter stated that Fredericksburg was an urbanizing City with a suburban mindset. She said the city was the epicenter of urban issues in the region and transportation, economic development, affordable housing, homelessness, poverty and racial justice mean more to the City than it does to other parts of the region. She spoke of how the neighboring counties are getting greater tax revenues because they are building thousands of square feet of data centers while pushing the urban problems back to the City. She said Micah is willing to fight the good fight and while fighting regionalism she asked if the City was going to let the counties collect the resources with no obligation and no participation in the shared urban issues at the City’s expense. 22435 Public Hearing 02/25/25 Merit Sheer, 1301 College Avenue, student at UMW, she spoke on behalf of herself and her father who passed away. She said he would want her to speak about the environment and she spoke in opposition of the data center. She said in 20-40 years what happens when the kids are debating how to go about clean water crisis, or about the native species that have died off due to the actions made. She asked the Council to think about the future of those who will be living in the City years from now. Brent Hunsinger, 3219 Fall Hill Avenue, represented the Friends of the Rappahannock (FOR). He said the process has been difficult and over the past few weeks, there has been debate and conversation about the proposed TOD, the process and the timing. FOR appreciates the need for tax revenue for the City. He thanks the stakeholders, staff and the Council for those who met with them. He said the Planning Commission had a tough job and they support many of the recommendations that were made including those that were made regarding the water use discharge, view sheds and trails. Mr. Hunsinger said there was one issue that still needed to be addressed, disclosure of water usage and the water surfaces. He said disclosing water usage was critical and he asked the Council to require this. He also asked to Council to leave the setback at 150 feet as it is in the current zoning. He said at the Planning Commission, it was mentioned, there was a meeting on February 21 to gain more information on the power study by Dominion and he would 22436 Public Hearing 02/25/25 like updates from that meeting. He urged the Council to adopt the recommendation made by the Planning Commission. Matthew Schaltz, 37 Springhill Drive, spoke about the numbers, and for every 1 million square foot of data center it would require 200 MW of electricity, which could power 38,000 homes. He asked what that means for the citizens. He asked if this would offset the cost of the electricity and he said it would not. He said data centers do not solve all the problems. Mr. Shaltz said there are options that are better but they have been eliminated. He said the landowners are blocking the river crossing and there needed to be a crossing to help with the traffic in the region. Jessica Reed, 915 Cornell Street, married into a family that has been here since the 1970’s. The family serves actively in the community. She said she understands the high needs in the community but she was dumbfounded that the needs of the future are being ignored. She said voting yes would be irresponsible because there are so many unanswered questions. Gina DeBeranrd, 206 Stonewall Drive, had concerns with the unknowns with establishing the TOD. She said if the Planning Commission voted against the TOD would the Council move forward without further discussing their concerns. Ms. DeBernard was also concerned about the additional information the Council knew about that the citizens do not know about. She said there needed to be a better job at letting the citizens know what was going on. Her final concern was that the City was moving forward when the Dominion Energy Feasibility Study was not completed. 22437 Public Hearing 02/25/25 She wanted to know why the council was moving forward when it does not have this study. She also stated that five of the FAMPO river crossing options were on the TOD property and she wanted to know why the Council would approve this before FAMPO decided on which river crossing option they would use. Ed Sandtner, 132 Caroline Street, stated that data centers were here whether we liked it or not. Powerful economic and national security interests fuel the demand for data centers. He said the city’s pursuit of the revenue from a data center has taken on an heir of desperation. He suggested that the data centers should be by special use permit so that the citizens could have a level of comfort. He asked the Council to follow the lead of the Planning Commission and allow data centers by SUP. Suspension of the Rules. Councilor Gerlach moved to suspend the rules to meet passed 11:00 p.m.; 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). Jason Towery, 5511 River Road, said he has lived in the area for over 20 years and he is an engineer and has works in land development, construction projects, manage water and sewer for Stafford County, served as Chief Public Works officer, and currently the Chief Facilities Officer for Stafford Schools. He said he understand all that is going on with data centers. He said he loves the City and he said he is the only single family that this project will abut. Having a 90-foot tall building a couple hundred feet off his property line was not reasonable. He said it was moving too quickly. He was not 22438 Public Hearing 02/25/25 against data centers but he fells the City needs to take a better look at this. He was for it but wanted to find a better way to do it. John White, lives at 5405 Ivy Hill Drive, 22407, but he spend his days at 908 Railroad Avenue, he said his family has been in the Fredericksburg area since 1904 and he owns 12 parcels in the City of Fredericksburg. He said data centers are a plus for the City because of the tax revenue, the economic impact, employment opportunities and the environmental impact. Mr. White encouraged the Council to vote in favor of data centers. Anne Little, 726 William Street, asked why not build 3 data centers and destroy only a quarter of the land instead of destroying the whole 250 acres. She said it was a false equivalency to say that it was better to build the data centers than to build houses in Celebrate Virginia because Celebrate was zoned Commercial. She asked the Council to delay action and study this further and she asked that the Council make it approved by SUP instead of by right. Ms. Little urged the Council to protect the City by making data centers approved by SUP. Joe Brito, 544 West Rocky Run Road, Stafford, VA, spoke on the Comprehensive Plan and asked that the Council include right-of-way for Option B2. Option A was the only option that impacts the waterfall in Stafford County. He said developers were controlling access to the waterfall. Stafford was trying to get a park built to get public access to the waterfall and he would like the river crossing to give access to it. He said he had a petition for support for a parallel road with a trail west of I-95 and the 15 mile road would link 6 existing roads to keep costs and impacts down connecting to 17 22439 Public Hearing 02/25/25 existing roads and providing nearly 100 combinations of alternative routes. Two years ago, FAMPO considered portions of his proposal and nearly $700,000 was spent on the study and in December 2023 while the study was being discussed Fredericksburg officials rezoned land for the Neon project directly in the path of the shortest and least costly river crossing option. Mr. Brito accused the Council of forcing FAMPO to use Option A for the bridge crossing which cost the most and impacts the most. Paula Chow, 132 Caroline Street, spoke in opposition to the rezoning and she said the developer could use the SUP process for the data center. This would give the residents the opportunity to speak on the project. He said both Spotsylvania and Stafford counties have decided to use conditional permit or SUP for approving data center developments. She asked the Council to follow the Planning Commission’s recommendations. Hamilton Palmer, 1500 Caroline Street, insinuated that the City had a spending problem. He said the schools were well funded and the student to teacher ratios were not out of line and the schools were in the bottom percentile. He said the problem was not money. Mr. Palmer said the Council said more housing was needed and this project would take 1900 units out of the pipeline and potentially be built by right. He suggested a balloon test be done to make sure this building could not be seen from the river. He said the City need to do a better job at managing its money. He did not take a position on the data center but done correctly he said they could be an asset to everyone. Thomas Johnson, 1109 City View Lane, he said as an employee at Hugh Mercer for nine years he noted that the school started out with no cottages and ended up with 22440 Public Hearing 02/25/25 12. He said when you have to move kids across a large place it reduces instructional time and the need for a new school was needed. He was pro funding the schools but he did not have a say in this particular vote. Schools and Career and Technical Education are worth funding. Kimber Cheek (D25-73), 804 Grove Avenue, protested against the building of a data center without public consent. The Stafford data center has caused issues for those living immediately near it due to noise pollution. Virginia will not meet its climate goals for 2026 if this project goes through due to increased water and energy being used and the fossil fuel lines that will need to be dug. Wallace N. King, Sr. (D25-74), 1806 College Avenue, a life long resident of Fredericksburg and he spoke in favor of the TOD mixed use project in Celebrate Virginia South. This project will bring a diversified revenue stream to the area and create high paying professional jobs. Elias Frey (D25-75), 804 Grove Avenue, concerned with this Council's decision to rush through the approval process of the proposed data center here in Fredericksburg, as well as the impact the data center will have on our city. He said data centers require massive amounts of energy and water and the electrical infrastructure is already at their limit. Mr. Frey said people living near these types of centers; speak of how disastrous they are on their sleep and, subsequently, their mental and physical health due to noise pollution. Calvin Roberts (D25-76), 612 Maury Street, spoke in opposition to the adoption of a TOD in Celebrate Virginia South, which would allow data centers to be built by right 22441 Public Hearing 02/25/25 in the city of Fredericksburg. He said if the City is going to stand by its values, it must 'act locally and think globally'- in other words, it cannot claim to care about climate change while so dramatically increasing the energy usage as a city. He urged the Mayor and City Council to reconsider their position on this issue and not sell the city out for a budget surplus. David C. Primmer (D25-77), 1509 Caroline Street, was not against the managed development of data center projects, but he strongly felt that data center projects should be subject to a “Special Use Permit” and not “By Right”. Additionally, he said all city data center projects should do the following: Reduce the height of the data centers to 60 ft tall or less; Use air cooling instead of water cooling; Require extremely strict noise regulations that will protect neighbors from the humming sound; Have larger (1000 ft) buffer zones around the entire facility and be required to plant dense stands of trees in the buffers; Require the data developer to save as much tree canopy as possible and plant more trees to obscure the view; Explore how less energy can be used to mitigate climate change and power use. See the city's climate initiative; Greed is not always good. Limit the number of data centers to protect the city and the citizens. Remember Fredericksburg's size. Mr. Primmer also noted that there were two data centers being considered: The Technology Overlay District (TOD) at Celebrate Virginia and at the Hylton Track/Gateway Blvd area, which is the area running along I-95 from Route 3 to Cowan Blvd adjacent to the Great Oaks Subdivision. 22442 Public Hearing 02/25/25 Bill Monteleone (D25-78), 10 Harkness Boulevard, owner of Greenchip, which is a nationwide leading provider of IT Asset Disposition & Management Services including global ITAD capabilities and advanced partner network. As a business owner and resident, he enthusiastically support the City’s proposed Technology Overlay District and their efforts to attract the data center industry. Mr. Monteleone said data center development will not only bring significant tax revenue to the City, but will also account for hundreds of construction jobs and full-time data center technicians and facility management jobs, which pay into the six figures. For these reasons, he strongly encouraged the City of Fredericksburg to move forward in passing the proposed TOD. Eric Fletcher (D25-79), Senior Vice-President of Mary Washington Healthcare, on behalf of Mary Washington Healthcare he shared their support for the proposed data center project at Celebrate Virginia South. The team at Mary Washington Healthcare is focused on meeting its mission to improve the health of the people in the communities they serve. They know from extensive research and experience that communities with good paying jobs and thriving employers produce healthy populations. The City’s strong ranking, in the Robert Wood Johnson’s total health ranking is tied to the economic success and employment opportunities of the area. The project at Celebrate Virginia South promises to add to the city’s economic strength. Mary Washington Healthcare support projects that invest in the local economy and bring good jobs and other economic benefits to the region. Stephanie M. Cherubin (D25-80), 208 Caroline Street, spoke in opposition of the TOD. She said any data center development should be applied through a Special Use 22443 Public Hearing 02/25/25 Permit process where the public can provide comments as the process develops. For one of the most significant projects in the history of Fredericksburg, there needs to be public input over measured time. Marilynn Deane Mendell (D25-81), 125 Caroline Street, was opposed to creating a Technology Overlay District at the Celebrate VA site. Data center development should be applied through a Special Use Permit process where the public can provide comments as the project develops. Data Center technology continues to evolve rapidly and there has not been enough time for the public to evaluate the pros and cons as well as the details of the current conditions proposed. Christine Thompson (D25-82), 438 Bridgewater Street, opposed creating a TOD at the Celebrate VA site. She said she realize the issue at stake is revenue for the city for schools and other infrastructure, but she does not believe the City can sacrifice what makes Fredericksburg special for the prospect of increased revenue for a number of years. She suggested brainstorming on ways to increase revenue without sacrificing all that we love about our city. Ronald H. Holmes (D25-83), 725 Jackson Street, Senior Vice-President of Wealth Management Financial Advisor, was in support of the TOD to allow data center uses at Celebrate Virginia. Adoption of the Overlay District will afford the City the opportunity to realize significant tax revenue for very little in terms of cost of services and infrastructure investment. Increased tax revenue will benefit emergency services and educational budgets and will reduce future tax burdens on city residents. 22444 Public Hearing 02/25/25 Keith L. Wampler (D25-84), 725 Jackson Street, Partner at PBMares, LLP, said as a business owner in the City of Fredericksburg for the past 40 years, he was aware of the financial and economic issues facing the City. This is a great opportunity to solve many of these issues with the creation of the TOD. He said he realize there are environmental, visual, noise, water, pollution, and energy concerns to consider. The City has the advantage of learning from northern Virginia and the surrounding counties, where the issues were not properly addressed up-front. Mr. Wampler highly recommended approval of the City’s Technology Overlay District. Charles Naples (D25-85), 901 Charlotte St, was opposed to creating a Technology Overlay District at the Celebrate VA site. He said any data center development should be applied through a Special Use Permit process where the public can provide comments. Konrad Heller (D25-86), 1419 Franklin Street, said he has seen a lot of good decisions made by the council with regards to sustainable development. Resources like the Rappahannock and the trail system were adding tremendous value to life and tourism in Fredericksburg, but the development of data centers in our city, is counterproductive to what has been done. Mr. Heller said it will use more water than the recycled purple water can be produced by our treatment facilities (until major upgrades are going to be finalized), which means it will have to draw from the river. The bigger issue is that the City has set forth climate sustainability goals and data centers will absolutely work against those goals. See D25-86 for more information. 22445 Public Hearing 02/25/25 Lili Robins (D25-87), 306 Amelia Street, stated that although data centers now seems inevitable, there is a way to ensure the best possible outcome, and that is with careful well-informed planning. She said this project may be the largest and most complex project that Council has ever undertaken, and she expect the Council will hire expert consultants, such as contract lawyers, to help make the best decisions to protect the integrity of the city and its quality of life. Ms. Robins noted that Stafford County supervisors recently voted to refer a zoning ordinance amendment to the Planning Commission that would require data center developers to obtain a conditional use permit. She strongly suggest that the Council follow their lead. Phil Robins (D25-88), 306 Amelia Street, asked how the Council could do the best job of protecting the voices of their constituents and city's resources while taking on the huge responsibility of a data center development that they have no experience with. He hoped they had hired expert consultants and was learning from them, and have considered the benefits of requiring such developers a special use or conditional use permit for their data center project. He suggested additional setbacks beyond the current standard to mitigate sound, smell, and view. Albert Limbrick (D25-89), 1510 Keeneland Road, opposed to creating a Technology Overlay District at the Celebrate VA site. He said any data center development should be applied through a Special Use Permit process where the public can provide comments as the project develops. 22446 Public Hearing 02/25/25 Dr. Aaron Schatz (D25-90), 1009 Jubal Early Drive, expressed his full support for the development of a data center in the City of Fredericksburg. This project presents a significant opportunity to stimulate the local economy, create new jobs, and strengthen the City’s position as a hub for innovation and growth. He said beyond job creation, data centers will drive infrastructure improvements and foster partnerships with local educational institutions, like Mary Washington Healthcare, they will help cultivate a skilled workforce prepared for future technological demands. The ripple effect of this development will support small businesses, stimulate real estate growth, and contribute to the city’s overall economic resilience. Richard and Judith Hansen (D25-91), 109 Kinloch Drive, opposed to creating a TOD at the Celebrate VA site. They said any data center development should be applied through a Special Use Permit process where the public can provide comments as the project develops. Christine Ablutz (D25-92), 100C Fauquier Street, said she care deeply about preserving the integrity of Fredericksburg's unique heritage and resources. She urged the Council to require that the data center district be subject to a special use permit and not by-right. A special use permit would give the public and City Council the ability to address problems as they arise, rather than give the developer total control. Rebecca Light (D25-93), 207 Pitt Street, told the Council to keep in mind that everything they allow in Celebrate Virginia South and the data center district will also set a precedent for future data center applicants to also want and expect. She 22447 Public Hearing 02/25/25 requested that the data center district be subject to a special use permit and never by right. Andre Pineda (D25-94), 230 Princess Anne Street, was in favor of the proposed data center initiative. He said the track of land where these centers may reside would be developed in one way or another. It was logical to them to develop it in a way that will result in additional tax revenue for the City without the demands for city services. Gordon Wallace Silleck (D25-95), 401 Cobblestone Drive, was opposed to creating a Technology Overlay District at the Celebrate VA site. He said any data center development should be applied through a Special Use Permit process where the public can provide comments as the project develops. Jamie Scully, CCIM (D25-96), 1125 Jefferson Davis Highway, Suite 350, Senior Vice President Thalhimer, expressed his support for data centers in the City in any size and capacity as possible. He stated that data centers have gotten a bad rap, but they are no longer using as much water, they are not as noisy as claimed and they have almost zero impact to the local jurisdiction. The impacts they have is overwhelming positive, especially economically, which the City desperately needs to fund our schools and other programs. Bart Goldberg (D25-97), 915 Caroline Street, spoke as a business owner and a resident of Fredericksburg. He said while he is the president of Fredericksburg Mainstreet, I was not speaking on Mainstreet's behalf. He expressed his strong support of the TOD. The financial impacts that this progress forward would have is astounding and would impact our community, businesses, infrastructure and people in a positive 22448 Public Hearing 02/25/25 way for many years to come. He said there are many positive things that the City can accomplish with these additional funds. Lachlan Eaton (D25-98), a 6th grader said he was concerned about Data Centers at Celebrate Virginia South. He did a project on 'BEN THICK Organisms at Alum Spring Park and The Rappahannock River’. His research showed that both water sources were healthy. He said he care about water and he care about The Rappahannock River. Mr. Eaton said it was not right that the adults and children who live in The Seasons Apartments near the Fred Nats Ballpark are going to be surrounded on 3 sides by Data Centers. The Friends of the Rappahannock say they do NOT support the plan called the Technology Overlay District and he agrees with them. Ellen and Jerry Stokes (D25-99), 600 Lewis Street, said they are opposed to granting developers "by right" to build the data centers. They said it makes no sense for the city to relinquish its responsibility for oversight of the construction of these facilities by giving carte blanche to the developers to do as they wish. The development of these facilities should be managed by the city through special use permits. Jay Brock (D25-100), 612 Lewis Street, said the construction of data center campuses in Fredericksburg will impact the city for years. He listed the negatives as concerns about power, water, noise—and such centers might destroy precious green spaces within the community. On the Hylton tract there will be a loss of a marvelous tree canopy. Mr. Brock said the positives are that the tax revenue will add significantly to city coffers and Council members argue that this is the better alternative than allowing a 22449 Public Hearing 02/25/25 substantial increase in the number of city residents with its accompanying tax burdens. Approving data centers by special use permit would allow public input on how they are developed and issues such as noise, electricity and water use can be addressed appropriately. Using a special permit procedure would go a long way to protecting the interests of affected city residents, and the city’s requiring such a process would go a long way to alleviating the concerns of affected residents. Gordon R. (Pete) Humes (D25-101), 503 Lewis Street, expressed his support for the development of a data center campus in Celebrate VA South. As the demand for digital infrastructure grows, establishing a data center in Fredericksburg would provide a significant and diverse source of revenue to the city as compared to an alternative use such as a mixed use development. He said given a time of uncertainty around employment within the Federal Government, which could have an adverse impact on the local economy, typically slowing the real estate development, diversification of revenue sources would be important. Mr. Humes said he has seen data center operators be good community partners in other localities by investing in schools and non-profits, which is an added benefit. John Walker (D25-102), 5509 River Road, stated that he had previously submitted comments with concerns of the data center building height, noise and water useage. He stated that every year for four years Loudon County’s water rates double to build out a water system that would accommodate data centers. He said this was the last large segment of land in the City and it must get it right. 22450 Public Hearing 02/25/25 Jonathan Dennis (D25-103), 11906 Rutherford Drive, 22407, understood the desirability of the tax income and the business engagement for the city. He said he was not opposed to the existence of data centers overall. He did urge the Council to consider only approving the proposed data center project via special use permit rather than by- right development. He said this small change would put more onus on the developer to build in ways that are amenable to the local community as well as the Council. Matthew Clark (D25-104), 1301 College Avenue, stated that in a time when actors in America are doing what they can to slow the effects of climate change, it seemed absurd to approve any major action that flies in the face of these efforts. Data Centers use shockingly high amounts of energy consumption. He said according to the Piedmont Environmental Council, data centers require 3-5 million gallons of water per day to operate, the equivalent necessary to sustain some localities. Many in the U.S., particularly young people, are looking for a ray of hope with regard to the climate crisis. The construction and maintenance of data centers will not only worsen our environmental outlook, but add to the collective impending doom so many of us feel. Sandra Cash Howson (D25-105), 817 Weedon Street, stated that since data centers have such a great impact on the communities and environment where they are located, they do not seem compatible with small cities such as ours. If there is to be a Technology District in Fredericksburg, please make data centers subject to a special permit, rather than “by right.” Emily Taylor (D25-106), 437 Hanson Avenue, thanked the City Council for working to make sure the City of Fredericksburg was a community she was proud to call 22451 Public Hearing 02/25/25 my home. She was appreciative of the work the Council has done to improve the school division and the support of public education. She was also proud when the Council passed the Fossil Free Climate Resolution and its support of the Jeremiah Community. She said it has been hard for her to trust the actions of the Council as she has in the past because what she called a lack of transparency from the City Council in regards to data centers. She asked the Council to listen to the Joint Legislative Audit and Review Commission (JLARC), local environmental groups, the City’s Planning Commission, and others like myself who do not want this project approved. Katie Burbridge (D24-107), 1301 College Avenue, student at University of Mary Washington, said she has been told by people on the Council that they take pride in Fredericksburg's dedication to be a clean city and want to continue to reach that goal, but constructing data centers will not make that possible. Fredericksburg will require more energy, more fossil fuels, and more water from the Rappahannock to support these data centers. She said the river cannot support data centers without severely destroying its natural ecosystem. Ms. Burbridge said she chose to start her adult life in Fredericksburg because she saw it as a place that would take care of its environment and the people's health. If the data center is approved, she said she could not believe that anymore and she would not stay in Fredericksburg to work. Jim Daniel (D25-108), 209 Moray Court, said he loves the idea of building out public services and building out the City but the data center would harm us. He said the 22452 Public Hearing 02/25/25 draw on power, the increase in traffic, the resource depletion of water, and the damage it would cause the Rappahannock River was too great. Mr. Daniel suggested that data centers were being used to increase surveillance, attack our privacy, and attack parties and groups in manners that are unethical and unconstitutional. The damage to the surrounding environment was not worth it and the exchange of town resources and damage for raw cash was a net negative for Fredericksburg. Sabrina Johnson (D25-109), 816 Grove Avenue, Vice President and Chair, Environmental and Climate Justice and Committee NAACP Fredericksburg Branch, said the NAACP Fredericksburg supports the Planning Commission's recommendation against rezoning Celebrate VA as a Technology Overlay District as this change would permit data centers by-right, and restrict community input. The special use permit process provides opportunities for public comment throughout the development process, which is crucial for understanding the impact of the data centers, assessing needs, and reaching the right results for all members of our community. Ms. Johnson said they urge the City Council to support the Planning Commission's recommendation and prioritize a development process that values public input and community involvement. Mayo Carter (D25-110), 424 Hanson Avenue, does not support the proposal to build data centers close to residential areas. The JLARC Joint Legislative Audit and Review Commission General Assembly study report (12-9-2024) states that data centers are incompatible with residences and should be located in industrial areas. 22453 Public Hearing 02/25/25 Councilor Mackintosh asked staff if there was any public money being invested in the construction of data centers. Mr. Summits said it was not and would be paid for by the data center developer. Councilor Mackintosh asked the staff what the scale of the square footage was for data centers approved in the region. Mr. Summits said it was about 14 million square feet approved or under construction with an additional 36 million in pipelines. The range of square footage for the City would be any where from 2-2.5 million square feet. Councilor Mackintosh clarified that what was being proposed was about a tenth of what the broader region was proposing. Mr. Summits explained that all the localities would be pulling from the same power grid but for the water most have implemented reuse of or alternate cooling systems instead of potable water. Councilor Mackintosh stated that no matter what, the residents of the City would be carrying the environmental and economic costs of data centers in the region. He said if the Council were to vote no they are saying to the citizens, they don’t think they should have the up size of this. Vice-Mayor Frye corrected comments that were made by a citizen stating the Council would not be considering the Planning Commission’s recommendation when in actuality he said they would be considering the Planning Commissions recommendations. 22454 Public Hearing 02/25/25 Councilor Finn asked a question about the location of the TOD and that it would not include locations outside of Celebrate Virginia. Mr. Craig explained that it would only be applied to the parcels in Celebrate Virginia that are listed in the ordinance. Councilor Finn asked staff to review where they are in the process and Mr. Summits said the City is just in the beginning process and there was a lot of work that would need to be done by Dominion before the local approval process. Councilor Graham moved to approve Resolution 25-10, amending the 2015 Comprehensive Plan to update Chapter 11, to address potential for Technology Center Development in Celebrate Virginia South; motion was seconded by Councilor Mackintosh. Councilor Gerlach explained that the Council thoroughly discussed the developer’s proffers and the Planning Commission recommendation. Mayor Devine said not only did they discuss but they incorporated the Planning Commission’s recommendations. Councilor Holmes spoke on those things that were incorporated, water was discussed, no potable water from the City would be used for the data center except for bridging, and it would only be used for regular use like restrooms. In regards to noise, the noise would be tested before it is built and after and it has to be below a certain decibel. The Council also asked that the generators that are being used must be a tier 4 or natural gas. The generators also have to be incased. Councilor Gerlach explained that the Planning Commission recommended the water service agreement go through the public hearing process and that was in the final 22455 Public Hearing 02/25/25 wording. There was clarification that in any event no ground water or raw water shall be drawn directly from the Rappahannock River nor water from the quarry will be used for data center cooling. Mayor Devine added that there would be no new discharge into the Rappahannock, if not treated on site it would be redirected back to the City for treatment. Councilor Mackintosh added the City accepted the ordinance as it was originally drafted, which says there will be a 200-foot setback no matter what form of residence it is. The Planning Commission also recommended a decrease in setback from all public right-of-way from 50 feet to 25 feet. Councilor Holmes said one of the stipulations is that you would not be able to see the data centers or any of its surrounding buildings or its accessories on the roof from the Rappahannock River. Councilor Graham explained why the Council was looking at a by-right use and he said they are looking at this being a single use data center campus. He said they are not looking to apply this TOD to the entire city. They are looking at specific contiguous parcels. He said this was not being done without city input. There are many stipulations being include in the ordinance to protect the residents now and in the future. Vice-Mayor Frye said this is by right with rules and requirements. He said they listened to the Planning Commission and their recommendations are include. Mayor Devine noted that the trails were addressed and the Epiphany trail was on private land and the landowner has allowed people to use the trail. The City has no 22456 Public Hearing 02/25/25 control over that but they will work with the developer to see if the trail could be expanded. Councilor Gerlach said it was recommended by the Planning Commission to require the developer to enter into power purchase agreements and they learned that it would not be legal to require the developer to enter in to a contract with another party offsite but the developer agreed to do it, if practicable. Councilor Finn added that there was an addition of encouragement of connecting trails, maintenance and the river crossing. With the final plans its up in the air but the final language is strongly in there. The motion passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Councilor Graham moved to approve Ordinance 25-02, on first read, establishing the Technology Overlay District to encourage data center campuses and related uses in large assemblages of properties; amending generally applicable data center provisions in the Unified Development Ordinance; and Zoning Map amendment to designate part of Area 1 to Technology Overlay District; motion was seconded by Councilor Gerlach. City Attorney Lackey verified that the Council was using the new version that incorporated the changes from the work session discussion; and Item D8 she suggested the language in the water-cooling section end after the word “raw water drawn directly from the Rappahannock River be utilized for data center cooling”. Councilor Graham accepted the amendment. 22457 Public Hearing 02/25/25 Councilor Finn noted that Section 6C should say 9:00 a.m. to 5:00 pm instead of 7:00 a.m. to midnight. Councilor Graham accepted the changes. The motion passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Councilor Graham moved approval of Ordinance 25-03, on first read, accepting amended proffers for the Neon Project in Celebrate Virginia South to allow a potential data center project consistent with the Technology Overlay District; motion was seconded by Councilor Mackintosh and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, 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 12:35 a.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council, MMC 22458 Regular Session 02/25/25 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. SUSANNA R. FINN, WARD THREE Council Chambers, 715 Princess Anne Street Fredericksburg, Virginia 22401 February 25, 2025 The Council of the City of Fredericksburg, Virginia, held a regular session on Tuesday, February 25, 2025, 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, Susanna R. Finn, 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 J. Lackey, Planning and Building Services Director Michael Craig, Community Development Planner Bailey Thompson, Economic Development Director Joshua Summits, Fire Chief Mike Jones, 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 Boy Scouts Troop 171. Officer Recognized. Mayor Devine recognized the presence of Lieutenant Jason Dring and Deputy Rogers at this evening’s meeting. 22459 Regular Session 02/25/25 Proclamation Recognizing Irish Heritage Month - Dennis O’Reilly (D25-52). Mayor Devine presented Mr. O’Reilly with a proclamation proclaiming March as Irish Heritage Month in Fredericksburg and she expressed appreciation and gratitude to the Irish American Community for their many contributions to the City. Washington Heritage Museum Update – Anne Darron and Chuck Fennell (D25-53). Ms. Darron and Mr. Fennell presented a PowerPoint presentation and they discussed: Development as a Tourism Asset in Fredericksburg, Improvements to the Monument Site, Pictures of Upgrades, Fundraising – A Monumental Vision Campaign, Next Steps and Thank You. For more information, see D25-53. Mayor Devine expressed the City’s gratefulness to Washington Heritage Museum for taking care of the cottage. Consent Agenda Accepted for Transmittal as Recommended (D25- 54 thru D25-66). Councilor Graham pulled item 5D for discussion. Councilor Gerlach moved approval of the City Manager’s consent agenda with the exception of item 5D; motion was seconded by Councilor Graham and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). o Resolution 25-07, Approved, Appointing Alexandra B. Rhodes as Assistant City Attorney (D25-54). o Resolution 25-08, Approved, Confirming the Declaration of Local Emergency for Winter Storm Harlow and Declaring the End of the Emergency (D25-55). 22460 Regular Session 02/25/25 o Resolution 25-09, Approved, Endorsing a Resolution Formally Adopting the Park Site Master Plans for Old Mill Park, Ficklen Island, and Alum Spring Park (D25-56). o Transmittal of the Board and Commission Minutes o Architectural Review Board – January 13, 2025 (D25-58). o Board of Social Services – December 12, 2024 (D25-59). o Fredericksburg Arts Commission – October 16, 2024 (D25-60). o Fredericksburg Arts Commission – November 20, 2024 (D25-61). o Fredericksburg Arts Commission – December 18, 2024 (D25-62). o Fredericksburg Clean and Green Commission – October 7, 2024 (D25-63). o Fredericksburg Clean and Green Commission – December 2, 2024 (D25- 64). o Fredericksburg Clean and Green Commission – January 13, 2025 (D25- 65). o Public Transit Advisory Board – December 4, 2024 (D25-66). Transmittal of Council Priorities Quarterly Update (D25-57). Councilor Graham said this was a great opportunity to let the citizens know about the Council Priorities and how they are put together and about the updates that the Council receive from staff. Mr. Baroody gave a brief overview of the priorities. He stated that in 2016, the Council set a 20-year vision, directing staff on 2-year intervals to accomplish 30 priorities. He encouraged citizens to look at the priorities chart on the website. The 22461 Regular Session 02/25/25 Council updates the three-year plan with check-ins every two years. The priorities are in Phase 5. Councilor Gerlach move to accept the transmittal of the Council priorities quarterly update; motion was seconded by Councilor Mackintosh and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Public Hearing (D25-67 thru D25-110). 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. Thomas Johnson, 1109 City View Lane, proposed that the Council start a new Commission of Public Engagement. He looked at other communities that have public engagement commissions and they comprise of professionals, lay members that demonstrate, interest, competence and knowledge in communications, engagement and public relations, marketing and journalism. He said this could benefit the Council and the City by having a formal place to identify areas of opportunity for the City and City Council to construct communications, public relations and to build capacity. Council Agenda Presented. The following items were presented to Council for discussion. 8A. Council Appointment to the Clean & Green Commission, Town & Gown, Social Services and Recreation Commission – Mayor Devine 22462 Regular Session 02/25/25 8B. Fredericksburg Area Metropolitan Planning Organization (FAMPO) Congestion Mitigation and Air Quality Improvement (CMAQ) Money – Councilor Mackintosh Council Appointment to the Clean & Green Commission, Town & Gown, Social Services and Recreation Commission. Mayor Devine noted that appointments needed to be made for the boards and commissions that Councilor Duffy served on. Councilor Graham nominated Councilor Mackintosh to serve on the Clean and Green Commission; motion was seconded by Councilor Gerlach and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Councilor Gerlach moved to appoint Councilor Finn to serve on the Town & Gown, Social Services and Recreation Commission; motion was seconded by Councilor Holmes and passed by the following recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Fredericksburg Area Metropolitan Planning Organization (FAMPO) Congestion Mitigation and Air Quality Improvement (CMAQ) Money – Councilor Mackintosh said the FAMPO Policy Committee adopted a new funding formula for the distribution of federal congestion mitigation and air quality funds. He said the committee voted against the unanimous opposition of the three Council members to use direct population to divide the money up amongst the three 22463 Regular Session 02/25/25 jurisdictions. This will leave the City short. The other alternative was to use a formula that used both population and metric that attempts to measure congestion, which would have faired the City better because the City has a higher percentage of regional congestion relative to the population. Councilor Mackintosh said there are questions whether it is legal to use straight population for the formula for CMAQ distribution. He asked Council if Mr. Baroody could send a letter under the Mayor’s name to the Secretary of transportation stating the City’s objection to the choice of the FAMPO policy committee. Council agreed. Resolution 25-11, First Read Approved, Amending the Fiscal Year 2025 Budget to Appropriate Funds in the City Grants Fund for a Grant for the Purchase of a Vehicle Barrier System and Equipment for the Hazardous Materials Team (D25-11). After a brief presentation by Finance Director Six, Councilor Mackintosh moved to approve Resolution 25-11, on first read, amending the Fiscal Year 2025 budget to appropriate funds in the City Grants Fund for a grant for the purchase of a vehicle barrier system and equipment for the hazardous materials team; motion was seconded by Councilor Graham and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 25-12, First Read Approved, Amending the Fiscal Year 2025 Budget to Appropriate Funds in the Public Facilities Capital Fund for 22464 Regular Session 02/25/25 Building Repairs at the Central Rappahannock Regional Library (D25-112). After a brief presentation by Finance Director Six, Councilor Graham moved to approve Resolution 25-12, on first read, amending the Fiscal Year 2025 budget to appropriate funds in the Public Facilities Capital Fund for building repairs at the Central Rappahannock Regional Library; motion was seconded by Councilor Holmes and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). Resolution 25-13, Approved, Supporting the Expansion of the Pedestrian and Bicycle Access Across the Falmouth Bridge (D25-113). Upon a motion by Councilor Mackintosh, Resolution 25-13, supporting the expansion of the pedestrian and bicycle access across the Falmouth Bridge; motion was seconded by Councilor Gerlach and passed by the following unanimously recorded votes. Ayes (7). Councilors Devine, Frye, Gerlach, Graham, Holmes and Mackintosh. Nays (0). City Manager’s Report and Council Calendar (D25-114 thru D25- 115). City Manager Baroody directed the Council’s attention to the Manager’s Update: Fredericksburg City Council Appoints Finn as Ward 3 Councilor, Data Center Overlay Public Hearing, Black History Month, Stay Informed, Planning Commission to Host Comprehensive Plan Community Meeting, Utility Scam Alert, Ghana Friendship Day, Rappahannock Canal Maintenance Update, Public Safety Update, Local Resources to Know, Big News, Fredericksburg!, FXBG Sports, Cancer in Virginia, Coffee with a Cop, 22465 Regular Session 02/25/25 Parks, Recreation and Events Winter and Spring Catalog is Now Available, and FXBG Snapshot. Adjournment. There being no further business to come before the Council at this time, Mayor Devine declared the meeting officially adjourned at 12:49 a.m. Kerry P. Devine Kerry P. Devine, Mayor Tonya B. Lacey Tonya B. Lacey, Clerk of Council APPROVED 01-09-24 22466 APPROVED 06-27-23