City Council

Public Hearing 12/9/25 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 December 9, 2025 The Council of the City of Fredericksburg, Virginia held a public hearing on Tuesday, December 9, 2025, beginning at 8:03 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine, Presiding; 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. City Council Absent. None. Others Present. City Manager Timothy J. Baroody, Deputy City Manager Mark Whitley, Deputy City Manager David Brown, Assistant City Manager Todd Flippen, City Attorney Kelly Lackey, Economic Development and Tourism Director Joshua Summits, Community Planning and Building Director Michael Craig, Finance Director Amanda Six, Deputy Director of Finance Katherine Spooner, Principal Planner Josh Crump, Deputy Police Chief Betsy Mason, Patrol Division Captain Crystal Hill, Patrol Division Sergeant Joshua Starkston, and Clerk of Council Molly Henderson. Notice of Public Hearings (D25-509 thru D25-510). The notice of public hearings appeared in the local newspaper to solicit citizen input. 22721 Public Hearing 12/9/25 Resolution 26-01, First Read, Fiscal Year 2026 Budget Amendment Authorizing the Release of the Appropriation Holdback in the amount of $6,000,000 (D25-509 thru D25-510). After presentation, Finance Director Amanda Six stated that staff recommends the public hearing be held open until January when the subject resolution will be scheduled for its second read. There were no public speakers on this matter. Councilor Gerlach moved to approve Resolution 26-01, on first read, Fiscal Year 2026 Budget Amendment Authorizing the Release of the Appropriation Holdback in the amount of $6,000,000. The motion was seconded by Councilor Graham and passed by the following recorded votes: Ayes (7) - Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes, and Mackintosh; Nays (0). Adjourned. There being no further speakers to come before the Council at this time, Mayor Devine declared the public hearing will be held open and the resolution scheduled for a second reading in January 2026. Kerry P. Devine Kerry P. Devine, Mayor Molly Henderson Molly Henderson, Clerk of Council 22722 Regular Session 12/9/25 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 December 9, 2025 The Council of the City of Fredericksburg, Virginia held a regular session on Tuesday, December 9, 2025, beginning at 7:30 p.m. in the Council Chambers of City Hall. City Council Present. Mayor Kerry P. Devine, Presiding; 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. City Council Absent. None. Others Present. City Manager Timothy J. Baroody, Deputy City Manager Mark Whitley, Deputy City Manager David Brown, Assistant City Manager Todd Flippen, City Attorney Kelly Lackey, Economic Development and Tourism Director Joshua Summits, Community Planning and Building Director Michael Craig, Finance Director Amanda Six, Deputy Director of Finance Katherine Spooner, Principal Planner Josh Crump, Deputy Police Chief Betsy Mason, Patrol Division Captain Crystal Hill, Patrol Division Sergeant Joshua Starkston, and Clerk of Council Molly Henderson. Opening Prayer and Pledge of Allegiance. The Council was led in prayer by Vice-Mayor Charlie Frye, Jr., followed by the Pledge of Allegiance led by Councilor Jason Graham. 22723 Regular Session 12/9/25 Officer Recognized. Mayor Devine recognized the presence of Detective Gloria Mejia at this evening’s meeting. Proclamation for Retiring Police Chief Brian Layton (D25-492). Proclamation for Retiring Sheriff Scott Foster (D25-493). Proclamation for Retiring Captain David Sullivan (D25-494). Proclamation for Councilor Jason Graham (D25-495). Proclamation for Councilor Jonathan Gerlach (D25-496). After presentation of each proclamation by Mayor Devine, District Coordinator for Congressman Eugene Vindman (VA-07), Nathan Francis, presented congressional records and framed flags from the United States Capitol to Chief Layton and Sheriff Foster, and letters of congratulations and recognition to Councilors Gerlach and Graham. Consent Agenda Accepted for Transmittal as Recommended (D25- 497 thru D25-508). Councilor Graham moved to approve the consent agenda. The 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). o 5A. Ordinance 25-16, Second Read, Amending the City Code to Shift Planning Commission Officer Elections from October to February (D25-497). 22724 Regular Session 12/9/25 o 5B. Ordinance 25-20, Second Read, Amending Fredericksburg City Code Chapter 72, Unified Development Ordinance, to Update Regulations for Tattoo and Piercing Establishments (D25-498). o 5C. Ordinance 25-21, Second Read, Amending City Unified Development Ordinance Sections 72-40.2 (Use Table), 72-41.2 (Institutional Uses), and 72-84 (Definitions) to Update Day Care Use Regulations (D25-499). o 5D. Resolution 25-93, Approving revisions to the Unified Development Ordinance Procedures Manual (D25-500). o 5E. Transmittal of Homeless and Public Safety Collaboration (HPSC) Memorandum of Understanding (MOU) (D25-501). o 5F. Transmittal of the Board and Commission Minutes • 300th Anniversary Blue Ribbon Steering Committee – October 23, 2025 (D25-502). • Architectural Review Board – October 13, 2025 (D25-503). • Architectural Review Board – October 27, 2025 (D25-504). • Fredericksburg Arts Commission – September 17, 2025 (D25-505). • Fredericksburg Arts Commission – October 15, 2025 (D25-506). • Planning Commission – July 9, 2025 (D25-507). • Planning Commission – August 27, 2025 (D25-508). Public Hearing (D25-509 thru D25-510). The regular session was recessed to conduct scheduled public hearings and immediately reconvened upon their conclusion. 22725 Regular Session 12/9/25 Comments from the Public. The following comments were given during the citizen comment portion of the meeting. Additionally, the Clerk of Council read one (1) submitted letter. (D25-511) John Copenhaver, 911 Sylvania Ave. – Mr. Copenhaver asked Council to support creating a conservation district in the College Terrace Neighborhood. (D25-512) Julie Kay, 1616 Franklin St. – Ms. Kay spoke in support of neighborhood conservation districts as an option for any neighborhood that wants it. (D25-513) Helen Ross, 1310 Franklin St. – Ms. Ross stated she serves as the Chair of the Architectural Review Board. Ms. Ross discussed benefits of conservation districts, including that they are designed to protect and enhance areas with significant architectural features even if they are not historic districts, and provide a balanced approach to neighborhood preservation and thoughtful development. Ms. Ross stated that conservation districts are less stringent than historic districts in terms of design standards, allowing for development compatible with the existing neighborhood in terms of scale, mass, and building height. Ms. Ross said conservation districts minimize financial burden on residents and enable growth while preserving the character of the area. Ms. Ross said there is no direct evidence that a conservation district designation causes increased taxes. Ms. Ross thanked Councilor Gerlach for their conversations on this topic. Joy Crump, 815 Hanover St. – Ms. Crump spoke as a business owner, resident of Ward Two, and councilor-elect, and thanked Councilor Gerlach for his service to the City of Fredericksburg and neighbors in Ward Two. (D25-514) 22726 Regular Session 12/9/25 Laura Moyer, 1605 Sunken Rd. – Ms. Moyer discussed the proposed City Council Code of Conduct, stating she mostly agreed with it, except for item 10 regarding information discussed in closed meetings. Ms. Moyer stated Virginia law does not require a public body to conduct closed sessions, and everything Council considers may be legally discussed in open session no matter how sensitive. Ms. Moyer said the law provides exemptions that allow a public body to hold closed meetings by choice, but Councilors have individual First Amendment rights regarding matters discussed during closed session, closed session does not bind Councilors to secrecy, and each Councilor must make their own decisions about confidentiality. Ms. Moyer said she does not think attorney-client privilege is relevant to closed sessions because that privilege only binds the attorney, stating the Councilors, and by extension the public, are the clients. Ms. Moyer said she hopes item 10 will be removed, asked whether the code was voluntary or mandatory, and asked Council to clarify their intentions before moving forward with the proposed City Council Code of Conduct. Jerome Wilson, 3604 Aquia Drive, Stafford, VA, 22554 – Mr. Wilson stated that on August 15, the building at 624 Wolfe St. passed another inspection and had a large scupper attached to it, but on September 29, he saw via drone that there was no scupper. Mr. Wilson said the City is allowing buildings to operate without structural integrity, and that 624 Wolfe St. has a flat roof that holds ponding water, and something horrible could happen there, though he hopes he is wrong. Mr. Wilson said that certain individuals in the City have relationships with private entities. Mr. Wilson said 624 Wolfe St. is unsafe, and he wonders what other buildings in the City are unsafe. Mr. Wilson 22727 Regular Session 12/9/25 said the City had an asbestos report in its possession for two years and did not say anything about it, and he had a problem when he tried to stop the building from flooding, ingesting asbestos. Mr. Wilson said he had over 50 kids training in the building whose safety was jeopardized, and the building should not be in use without adequate inspection. Mr. Wilson said he did not appreciate the City Manager’s response to his Freedom of Information Act (FOIA) request which made Mr. Wilson look angry and uncooperative. Mr. Wilson said his gym at 624 Wolfe St. was for everyone, but it shut down because seven members contracted pneumonia around the time that mold appeared on the wall, from October-November 2024. Mr. Wilson said it was dangerous to allow his business to operate when the City’s Building Services department had the report, and he hopes the new Council listens, and that someone has the bravery to care more about lives than the bottom line. Council Agenda Presented. The following items were presented to Council for discussion: o 8A. City Council Code of Conduct – Councilor Gerlach o 8B. Christmas Parade and other Events – Mayor Devine o 8C. City Staff Holiday – Mayor Devine o 8D. Transit Analysis – Councilor Holmes o 8E. Murder-Free Fredericksburg – Vice-Mayor Frye 8A. City Council Code of Conduct (D25-515). – Councilor Gerlach read the memorandum for the City Council Code of Conduct and stated he will leave the memo and draft to Council to do with it what they will. 22728 Regular Session 12/9/25 8B. Christmas Parade and other Events – Mayor Devine thanked City staff for the planning and execution of holiday events including the Christmas parade, the Christmas tree lighting at Riverfront Park, and their coordination efforts with small business Saturday and other events which are enjoyed by City residents and surrounding communities. 8C. City Staff Holiday – Mayor Devine stated Virginia and most other states are authorizing Friday, December 26, 2025, as a staff holiday, and Council may consider it as a holiday for City staff. Councilor Graham moved December 26, 2025, to be a holiday for all City staff in the City of Fredericksburg. The 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). 8D. Transit Analysis – Councilor Holmes stated it was a good time to work with regional partners and conduct a comprehensive transit analysis to include Fredericksburg Regional Transit (FXBGO!), Virginia Railway Express (VRE), and OmniRide, to determine ways to increase transit opportunities. City Manager Timothy Baroody said the City can work with the George Washington Regional Commission (GWRC) to find regional support for funding a broad transit study. 8E. Murder-Free Fredericksburg – Vice-Mayor Frye stated that years ago he started tallying the number of homicides in the City so he could report findings to 22729 Regular Session 12/9/25 Council quarterly, and there have been zero homicides in the City in calendar year 2025 thus far. Vice-Mayor Frye said during the election campaign season, he noticed most conversations about running for City Council did not mention violence prevention, which re-energized him to continue prioritizing it. Vice-Mayor Frye said he ran for Council because he witnessed a murder when he was eight years old and realized as an adult that gun violence was happening in Fredericksburg. Vice-Mayor Frye said that since 2014, over 230 guns have been voluntarily collected through Fredericksburg Gun Giveback, and 6-7 have been collected in the last couple of months. Adoption of Minutes (D25-516). Councilor Graham moved to approve the following minutes as submitted: Regular Session – November 18, 2025; Public Hearing – November 18, 2025; Work Session – October 14, 2025. The 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). Architectural Review Board Appointment – Julius Banks, Nicholas Burger, Kelly Penick, Sean Robinson, Andi Smith (D25-517). Nicholas Burger, Kelly Penick, Sean Robinson, and Andi Smith were appointed to serve on the Architectural Review Board by the following recorded votes: Banks (2) – Councilors Devine and Frye; Burger (6) – Councilors Devine, Finn, Gerlach, Graham, Holmes, and Mackintosh; Penick (7) – Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes, and Mackintosh; Robinson (6) – Councilors Frye, Finn, Gerlach, Graham, Holmes, and Mackintosh; Smith (7) – Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes, and Mackintosh. 22730 Regular Session 12/9/25 Councilor Mackintosh and Mayor Devine agreed that like recent adjustments to Planning Commission term expirations, the Architectural Review Board (ARB) should consider adjusting term expiration dates from December 31 so outgoing Councilors are not appointing new ARB members. Board of Building Code Appeals Appointment – Nicholas Burger (D25-518). Councilor Gerlach moved to appoint Nicholas Burger to the Board of Building Code Appeals. The motion was seconded by Councilor Graham and passed by the following recorded votes: Ayes (7) - Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes, and Mackintosh; Nays (0). Fredericksburg Clean and Green Commission Appointment – Luther Forbes, Mason Hines, Jordan Seurattan (D25-519). Jordan Seurattan was appointed to serve on the Fredericksburg Clean and Green Commission by the following recorded votes: Forbes (2) – Councilors Gerlach and Graham; Hines (0); Seurattan (5) – Councilors Devine, Frye, Finn, Holmes, and Mackintosh. Memorials Advisory Commission Appointment – Shirin Matini, Kylie Thomson (D25-520). Councilor Graham moved to appoint Shirin Matini and Kylie Thomson to the Memorials Advisory Commission. The 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). Healthy Generations Area Agency on Aging – Brandon Boles (D25- 521). Councilor Holmes moved to appoint Brandon Boles to the Healthy Generations 22731 Regular Session 12/9/25 Area Agency on Aging (HGAAA). The motion was seconded by Councilor Graham and passed by the following recorded votes: Ayes (7) - Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes, and Mackintosh; Nays (0). Ordinance 25-19, Second Read, Rezoning Approximately 0.24 Acres from Residential-16 (R-16) to Residential-4 (R-4) at 98 Caroline Street (GPIN 7789-31-3440) (D25-522 thru D25-523). After presentation by Principal Planner Josh Crump, Councilor Finn moved to approve Ordinance 25-19, on second read, Rezoning Approximately 0.24 Acres from Residential-16 (R-16) to Residential-4 (R- 4) at 98 Caroline Street (GPIN 7789-31-3440). The motion was seconded by Councilor Graham and passed by the following recorded votes: Ayes (7) - Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes, and Mackintosh; Nays (0). Ordinance 25-22, Second Read, Amending Fredericksburg City Code, Chapter 58, § 58-1, and Adding New § 58-1000, to Establish a Traffic Signal Enforcement Program Pursuant to Code of Virginia, § 15.2-968.1 (D25- 524). After summary of the ordinance by Patrol Division Sergeant Joshua Starkston, Mayor Devine confirmed with Sgt. Starkston that the expected time frame for installation is 4-5 months, and there will be a warning period like that for the school zone speed cameras. Councilor Mackintosh asked if the system will be obtained under an existing contract, or if the City would need to start a new procurement process. 22732 Regular Session 12/9/25 Deputy City Manager Mark Whitley said the City does not yet have a contract for this work; however, staff intend to utilize an existing contract through the City of Suffolk, which was used for the school zone safety cameras, which would not require a new procurement process or request for proposals (RFP). Mr. Whitley added that if the City cannot use the existing contract, it would be considered a new procurement, which increases lead time. Councilor Gerlach asked if the system can be moved to a different intersection in future years if necessary. Mr. Whitley said if the City wishes to relocate the system in the future, staff will need to discuss terms and conditions for moving the system with the vendor, adding he does not have an estimate of time or cost for relocation services at this time. Councilor Gerlach moved to approve Ordinance 25-22, on second read, Amending Fredericksburg City Code, Chapter 58, § 58-1, and Adding New § 58-1000, to Establish a Traffic Signal Enforcement Program Pursuant to Code of Virginia, § 15.2- 968.1. The motion was seconded by Councilor Graham and passed by the following recorded votes: Ayes (6) - Councilors Devine, Frye, Gerlach, Graham, Holmes, and Mackintosh; Nays (1) – Councilor Finn. Resolution 25-91, Second Read, Amending the Fiscal Year 2026 Budget in the City Grants Fund to Support the Establishment of an Automated Traffic Signal Enforcement Program (D25-525). After summary of the resolution by Mr. Whitley, Councilor Mackintosh asked if the $200,000 22733 Regular Session 12/9/25 appropriation amending the fiscal year 2026 budget in the resolution is an estimate of the excess revenue that would be generated by the camera systems. Mr. Whitley said it is an estimate because the City does not know how many violations to expect, with the hope of decreased violations over time. Mr. Whitley clarified that the resolution would authorize staff to proceed under an appropriation to finish out fiscal year 2026, which ends June 30, 2026, and given the timeframe of installation and budget finalization for fiscal year 2027, the City may not have violation data for a more exact estimate until fiscal year 2028. Councilor Graham moved to approve Resolution 25-91, on second read, Amending the Fiscal Year 2026 Budget in the City Grants Fund to Support the Establishment of an Automated Traffic Signal Enforcement Program. The motion was seconded by Councilor Gerlach and passed by the following recorded votes: Ayes (6) - Councilors Devine, Frye, Gerlach, Graham, Holmes, and Mackintosh; Nays (1) – Councilor Finn. Resolution 25-94, Affirming Support for SupportWorks Housing, in Partnership with Micah Ecumenical Ministries and Mary Washington Healthcare, to Develop Permanent Supportive Housing (D25-526). After summary of the resolution by Mr. Baroody and Director of Real Estate Development for SupportWorks Housing, Julie Anderson, Councilor Graham moved to approve Resolution 25-94, Affirming Support for SupportWorks Housing, in Partnership with Micah Ecumenical Ministries and Mary Washington Healthcare, to Develop Permanent Supportive Housing. The motion was seconded by Councilor Gerlach and passed by the 22734 Regular Session 12/9/25 following recorded votes: Ayes (7) - Councilors Devine, Frye, Finn, Gerlach, Graham, Holmes, and Mackintosh; Nays (0). Annual Comprehensive Financial Report – Robinson, Farmer, Cox Associates (D25-527 thru D25-530). Michael Moran with Robinson, Farmer, Cox Associates reviewed the Annual Comprehensive Financial Report for the fiscal year that ended June 30, 2025. Council Calendar (D25-531). Adjournment. There being no further business to come before the Council at this time, Mayor Devine declared the meeting officially adjourned at 9:34 p.m. Kerry P. Devine Kerry P. Devine, Mayor Molly Henderson Molly Henderson, Clerk of Council 22735 Regular Session 12/9/25 [This page intentionally left blank] 22736 APPROVED APPROVED