City Council

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Mayor Deanna R. Reed Vice-Mayor Richard A. Baugh Council Member Ted Byrd Council Member George Hirschmann Council Member Christopher B. Jones Tuesday, October 23, 2018 7:00 PM Council Chambers 1. Roll Call Present: 4- Mayor Deanna R. Reed, Vice-Mayor Richard Baugh, Council Member Christopher B. Jones and Council Member George Hirschmann Absent: 1- Council Member Ted Byrd Also Present: 4- City Manager Eric Campbell, Deputy City Clerk Pam Ulmer, City Attorney Chris Brown and Police Chief Eric English 2. Invocation Council Member Hirschmann offered the invocation. 3. Pledge of Allegiance Mayor Reed led the Pledge of Allegiance. 4. Special Recognition 4.a. Proclamation recognizing November 1, 2018 as Extra Mile Day Mayor Reed presented a proclamation recognizing November 1, 2018 as Extra Mile Day. 5. Consent Agenda (any item placed on the consent agenda shall be removed and taken up as a separate matter, if so requested by any member of Council, otherwise all items will be voted on with one (1) motion) A motion was made by Council Member Jones seconded by Vice Mayor Baugh, to approve the consent agenda as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Baugh, Council Member Jones and Council Member Hirschmann No: 0 Absent: 1- Council Member Byrd City of Harrisonburg Page 1 Printed on 11/14/2018 City Council Meeting Minutes - Final October 23, 2018 5.a. October 9, 2018 City Council Minutes These minutes were approved on the Consent Agenda. 6. Public Hearings 7. Regular Items 7.a. Consider adopting a resolution supporting the Harrisonburg Redevelopment & Housing Authority’s grant application through the Housing Trust Fund for a housing development located at 650 East Gay Street. Emily McCarty, community development and grant coordinator for the Harrisonburg Redevelopment and Housing Authority (HRHA), stated HRHA is looking to build three new project-based units on the unimproved lot located at 650 E. Gay Street which is currently owned by HRHA and surrounded by units and properties owned and operated by HRHA. She stated units will be designated for individuals who are homeless and have special needs, which is a very vulnerable group in the community, as permanent supportive housing units and will be working in collaboration with the Community Services Board (CSB), the Department of Social Services (DSS) and the Valley Associated for Independent Living, Inc. (VAIL). She stated the units would consist of one 816 square feet 1-bedroom unit, and two 888 square feet 2-bedroom units, ADA accessible and will meet the EarthCraft Standards for energy efficiency . She stated the lot is located near a bus top that leads into the main transit hub, within ½ mile of the main office of HRHA, and is near the Ralph Sampson Park and Lucy Simms Center. She stated this project will be funded through the HRHA and through the Affordable and Special Needs Housing grant from the Virginia Department of Housing and Community Development (DHCD). Council Member Jones asked if the HRHA has other property that these units could be built outside of the Northeast neighborhood. Ms. McCarty stated she would have to ask the director of HRHA, but she believes there are few properties in the area within the city limits. Council Member Jones asked if any property was owned by HRHA in Rockingham County. Ms. McCarty, was not sure. Council Member Jones stated although he is 100% in favor of finding more affordable housing for the homeless, veterans and those in need, he is not in favor of this request as there is an already high concentration of these types of housing in the Northeast neighborhood, and he is not comfortable supporting more in that neighborhood. He stated he would love to speak with the director, Michael Wong, regarding any questions he may have, and noted the community would love to see a greater emphasis on the HRHA properties already located in the neighborhood as to upkeep and becoming a better neighbor. Ms. McCarty stated she will take those concerns back to Mr. Wong. Mayor Reed stated she agreed with Council Member Jones, feels that producing more public housing in that neighborhood is concerning to her and she is not supportive of this request. She asked if the Northeast neighborhood residents have City of Harrisonburg Page 2 Printed on 11/14/2018 City Council Meeting Minutes - Final October 23, 2018 been consulted regarding this request. Council Member Jones stated it would be the right thing to do to check with the neighbors and listen to their concerns. Council Member Hirschmann stated he feels this would not grow the community in this area. Ms. McCarty stated she will relay this information to Mr. Wong. She stated that the property was purchased as part of a larger property purchase in 2010. Council Member Jones asked if this lot could be used as a community garden, playgrounds, a training center, or something that will help lift those individuals up that are already in the public housing and change their lives. Ms. McCarty stated due to the lots location it is perfect for this type of housing as it is so close to public transportation, the HRHA office, and other services that are needed. Vice Mayor Baugh stated the fair housing plan was adopted two years ago and one of the issues discussed was the Community Development Block Grant (CDBG) funds the city receives. He stated we have a Harrisonburg-Rockingham Housing Redevelopment Authority, the city has a plan, but he is not sure if the county does. He stated he thinks more conversation should take place between council and Mr. Wong. A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to deny the resolution as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Baugh, Council Member Jones and Council Member Hirschmann No: 0 Absent: 1- Council Member Byrd 7.b. Consider the approval of the FY19-20 Harrisonburg-Rockingham Community Service Board Performance Contract Ellen Harrison, executive director of the Harrisonburg-Rockingham Community Services Board (HRCSB), presented the FY2019-2020 HRCSB Performance contract. She stated the Same Day Access program started this year in all 40 CSB's in Virginia and has shifted the demand of services and the way services are delivered. She stated in January 2019 Medicaid expansion will be reviewed, which will include over 7000 eligible individuals in the Harrisonburg/Rockingham County area and expect work loads will increase for current staff and possible new staff. She stated this past year nine additional positions were filled due to the Same Day Access program, which is causing cramped working conditions, and they are very busy in the new building design. She stated they have partnered with the Rockingham County Commonwealth Attorney’s Office, the Circuit Court and the Rockingham/Harrisonburg Court Services unit to start the first Drug Court in the area, with over 25 participants in the program. City of Harrisonburg Page 3 Printed on 11/14/2018 City Council Meeting Minutes - Final October 23, 2018 She reviewed the minor revisions from last year’s Performance Contract, highlighting the comparative budget overview, which reflects their budget of just over $ 13M that will help serve over 4,000 people annually. She did note that once the new building was completed they should be able to serve more individuals. A motion was made by Council Member Jones, seconded by Vice Mayor Baugh, to approve the FY2019-2020 HRCSB Performance contract as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Baugh, Council Member Jones and Council Member Hirschmann No: 0 Absent: 1- Council Member Byrd 7.c. Environmental Performance Standards Advisory Committee Update to City Council Thanh Dang, city planner with the Department of Planning and Community Development, introduced the Environmental Performance Standards Advisory Committee (EPSAC), which was created in 2016 with eleven members appointed and is supported by Tom Hartman, interim director of Public Works, Rebecca Stimson and herself. She stated earlier in 2018 EPSCA presented an overview of the work that had been accomplished since its inception and will present recommendations for next steps. Tom Benevento, stated the action plan makes economic sense, however, the need to take action is more important. He stated the plan for the city is about doing what is right and taking responsibility. He stated building a sustainable future and proactively addressing climate change is the decisive issue of our time. He reviewed a quote from the UN Secretary General, Antonio Guterres, and stated he feels the proposed EPSAC action plan answers the call for Harrisonburg. He reviewed nationwide statistics, with recent temperature increases and climate changes as well as national disasters and local impacts. He stated we are at a critical threshold in human history and the challenge is now. He stated we are in the company of over 9,000 major cities worldwide that have already implemented action plans similar to what is presented . He stated we must do our part to build a more just and sustainable future and the result will be a more wonderful Harrisonburg that is a joy to live in. Jeff Heie stated he would like council to remember one quote from Richard Crespin, Forbes “If sustainability costs you more, you’re doing it wrong”. He stated after adopting sustainability targets in 2008 Roanoke is now saving over $1M per year in avoided energy costs and Virginia Beach’s school system reduced energy use by 21% since 2006, saving $670,000 per year from Leadership in Energy and Environmental Design (LEED) buildings alone. He stated over 150 major companies across the globe have committed to 100% renewable energy, including six located in Harrisonburg. He stated Harrisonburg Electric Commission (HEC) is currently City of Harrisonburg Page 4 Printed on 11/14/2018 City Council Meeting Minutes - Final October 23, 2018 prevented from offering locally produced renewable energy to its customers by its contract with Dominion, which ends in 2031. He stated this is an obstacle to high tech companies and clean energy jobs entering this community. He stated he feels if this does not change HEC will lose customers and the city will lose revenue. He reviewed a list of over 40 businesses in the city that support an environmental action plan and noted Harrisonburg is one of the highest rates of solar adoption, per capita, in the state. He reviewed cities that adopted clean energy and their job creation rates for 2018 and reviewed 56 US cities and counties committed to “Zero Waste”. Mikaela Schmitt-Harsh, faculty member at JMU and environmental scientist by training, stated in February of 2018 she presented the preliminary vision of the action plan, and have since worked very hard to create a more finished plan. She stated the purpose of this plan is to provide a roadmap for city leaders, city staff and community members to implement sustainability visions and principals. She stated the vision is for the city to provide for the short and long-term social, cultural, and economic needs of its residents while protecting and conserving the natural environment that sustains them. She reviewed the seven sector areas in the action plan and the goals of each : building standards & energy efficiency; waste reduction & recycling; renewable energy; stormwater, water quality and water conservation; sustainable transportation; regional food systems; and land use & open space. She stated she hopes this provides clarification as to what the committee has been working on and the intent of the environmental action plan. She stated the committee recognizes that successful implementation will require both changes to the public sector and incentives in the private sector, and some are ambitious. She stated by implementing these plans, it will not only improve our air and water quality, it will also provide a number of costs savings to the city. She stated the committee is asking council to support and affirm the principal goals and targets of the Environment Action Plan and direct city staff to finalize the action plan within the next six months, including discussion of timelines of implementation and create a sustainability coordinator position within the fiscal year 2020 or sooner. She played a video created by the students and staff at Waterman Elementary School. Vice Mayor Baugh stated he has had a front row seat on all of this since EPSAC was formed and is wondering what the rest of council needs in respect to information and steps. He stated a formal plan is coming within the next six months and thinks it will be helpful to the city manager to have a motion made to help move this in the right direction. Council Member Hirschmann stated the plan makes sense to him, the trick is implementation, timeframe, funding, etc. Council Member Jones thanked EPSAC for their work and noted that it is important that we include the 22% that is not reflected in the audience and take the time to educate and include that population. He stated in some communities walking and biking is a good thing for the environment and one’s health and a positive choice, but City of Harrisonburg Page 5 Printed on 11/14/2018 City Council Meeting Minutes - Final October 23, 2018 in some communities, walking and biking is a necessity and a means to an end, and seen as not a luxury or amenity but a detriment. He stated it is a social responsibility to try to change that as well as changing individuals outlook on sustainability etc . Further discussion to place regarding advisors and staff assistance and the sustainability coordinator. Mayor Reed stated she thought the presentations and ideas were great and it was time to get Harrisonburg on the list. She stated education will be the key to those outside of the normal bubble, you must reach out into other neighborhoods. Ms. Schmitt-Harsh, stated the committee and the current supporting staff have very full and busy schedules and asked if it would be possible to have city staff more involved in the development of the plan. Council Member Jones stated it would have to happen. Council Member Hirschmann stated it would have to be an everybody effort. Vice Mayor Baugh stated most of the city’s boards and commissions have city staff support, but they tend to fit within a particular department. He stated this commission has been a good model using multiple departments but feels if we continue to move in the path we want to move we cannot do it with the current level of staff support we have. City Manager Campbell stated based on the recommendations he will work with staff and will talk to the committee to determine what level of staff is needed. Further discussion took place on staffing support. This Report was received and filed. 7.d. Consider adopting two resolutions of support for projects to be funded through the Highway Safety Improvement Program (HSIP) Grants Tom Hartman, interim director of Public Works, presented two resolutions in support of the Highway Safety Improvement Program Grant (HSIP) funded by VDOT. He stated the first project would be for sidewalks on the south side of Port Republic Road between South Main Street and Hillside Avenue. He stated although there is a sidewalk on the north side of Port Republic Road, there has been a significant amount of pedestrian travel on the south side along this segment. He stated this segment is identified in the Bicycle Pedestrian plan as a needed sidewalk segment and this would be a great candidate for this grant. He stated the second project is the Shared Use Path on Federal Street between East Market Street and Water Street. He stated earlier this year they were awarded a VDOT Transportation Alternatives Program grant for the north side of this intersection, and the similar changes will be made to this project, making it a one way with a right-in and right-out traffic direction and allow for the shared use path to be created which will eventually assist in connecting the Northend Greenway to the Bluestone Trail. City of Harrisonburg Page 6 Printed on 11/14/2018 City Council Meeting Minutes - Final October 23, 2018 He stated HSIP is a 100% grant funded program and there is no local match required which means it is a highly competitive program throughout the state, but he feels these projects will compete very well. Vice Mayor Baugh stated back about 15 years ago when the city started to get serious about improving the pedestrian infrastructure, one lesson was learned, that sidewalks on both sides of the street were ideal. A motion was made by Vice Mayor Baugh, seconded by Council Member Jones, to approve the support resolution for the Port Republic sidewalk installation / HSIP Grant application as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Baugh, Council Member Jones and Council Member Hirschmann No: 0 Absent: 1- Council Member Byrd See agenda item 18-014 A motion was made by Vice Mayor Baugh, seconded by Council Member Jones, to approve the support resolution for the Federal Street Shared Use Path / HSIP Grant application as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Baugh, Council Member Jones and Council Member Hirschmann No: 0 Absent: 1- Council Member Byrd 7.e. Presentation of research of the Thomas Harrison House Ande Banks, deputy city manager, stated the Thomas Harrison House project began in 2014 and the city entered into a contract to purchase the Harrison House property along with what was once the Yellow Button retail space with the intention to restore the Harrison House to something that was representative of its historical value. He stated he was appointed the project manager in 2016 and over the past year and a half they have been doing what is characterized as the hard science research behind this structure with archeology, paint analysis, dendrochronology and architectural analysis. Dr. Carole Nash, associate professor of Integrated Science and Technology at JMU, stated this has been a very interesting episode in her life, as there have been some surprises associated with this project. She stated the project was called “History Revealed and Restored”, and partnered by the city, the Margaret Grattan Weaver Foundation, Harrisonburg Rockingham Historical Society and Asbury United Methodist Church. She stated there were several goals for this project: gather basic information on Thomas Harrison in the valley; evidence reflecting date of construction City of Harrisonburg Page 7 Printed on 11/14/2018 City Council Meeting Minutes - Final October 23, 2018 of the house; and learn how the house had evolved over time. She stated Kathy Frazier and Tom Clayton, architects with Frazier Associates, Ed Chappell, retired architectural historian from the Colonial Williamsburg Foundation, Michael J. Worthington of the Oxford Tree Ring Laboratory and Susan Buck, conservator and paint analyst, were all involved in the research on the property. She reviewed the history that was discovered and the stories about the house as being an inn and then later the meeting place for the First Conference of the Methodist Church in 1794, noting Thomas Harrison died in 1785. She reviewed what the house looked like in 1864 and how it had changed over the years. She reviewed the original lot grade and noted they focused most of their work in the cellar. She stated they found the “English” cooking hearth, the “German” spring, artifacts of ceramics and animal bones, remains of a wall separating the cooking area from the spring which reflects the cooking area may have been a living area. She noted sometime between 1886 and 1891 the house front had been shifted to Bruce Street. She stated they could not find any artifacts dating back to 1750, but they did find artifacts dated as early as 1810 and noted that very few matches were found in the ceramics which is indicative of occupation by enslaved members of household living in the cellar. She stated a large quantity of animal bones were found, in large cuts, indicative of an inn. She reviewed the conclusion of the archeological investigations including the following: artifacts placing occupation post 1790; possible occupation by enslaved household members; spring and cooking area were separate; faunal remains indicate bulk food preparation; demolition layer supports late 19th century joining of Harrison and Hall houses; and structure was used as a dwelling for a limited period of time with little evidence of household occupation post 19th century. She reviewed the paint analysis noting the cellar had 13 different layers of lime wash and the exterior paints were primarily available late 18th century. She reviewed the tree ring data obtained and noted seven ceiling joists were cored and four retained complete sapwood, which indicated the trees were cut between the spring of 1789 and 1790, which was several years after the death of Thomas Harrison. She concluded by noting Thomas Harrison could not have constructed the house because he was deceased 4-5 years before the trees were felled for house construction, the house is a very late 18th century/early 19th century structure, and its location at the intersection of the Great Road and the Warm Springs Turnpike indicate a focus on transportation. She noted Thomas Harrison had a vision of what Harrisonburg should look like, with uniform lots and dwellings of stone or brick chimney. She stated they would love to do more research to find who built the house, the African American occupation of the house, where did Thomas Harrison live and City of Harrisonburg Page 8 Printed on 11/14/2018 City Council Meeting Minutes - Final October 23, 2018 additional archeological study of the lot and spring. Deputy City Manager Banks stated he felt it was important that Dr. Nash do the presentation as it does follow up on a public presentation in August 2018 that presented the same information with an attendance of approximately 200 people. He stated it is important to council as they are half of the project team that includes the Margaret Grattan Weaver Foundation, with the city pledging $500,000 matched by the foundation for a total project cost to restore the Thomas Harrison House. He stated the next step would be to begin demolition of the former Yellow Button space to further restore the “Thomas Harrison House” to its original state. Council Member Jones asked Dr. Nash to research if there is any connection to Bishop Love’s family who were Methodists and his family ancestors may tie back into the history of this property. Dr. Nash stated she suspects that as more research is done that Methodism swept through the valley and there was a lot of emancipation and that is why we have the 1830 Free Black book, where were they living and working. This Presentation was received and filed. 7.f. Consider adopting a new city seal to match new branding for the City of Harrisonburg City Manager Campbell presented updated versions of the proposed new city seal . Discussion took place on which seals each council member liked the best and agreed upon the round seal which reflects the established date in the ribbon. Council directed the city attorney to draft the ordinance that will incorporate the seal chosen for approval at the next council meeting. 8. Other Matters 8.a. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) Lauren Myers, 1868 Park Road, asked what was meant by matters not on the regular agenda. Mayor Reed stated it means if something was discussed on the agenda no public comment can be made unless it is a public hearing. Pamayotis “Poti” Giannakaouros stated he was very pleased that the unexpected turns of events this evening. He stated he has a request that after the last council meeting he is hoping council will affirm that the city will not accept segregation, and now is the time for a motion to repeal the tall grass and weeds ordinance and streamline the procedures of city staff and implementing further procedures that may be consistent with the EPSAC recommendations with education material. He stated he urges council to make a motion to repeal Section 16-6-68 of the City Code, and all references there to in our city code. City of Harrisonburg Page 9 Printed on 11/14/2018 City Council Meeting Minutes - Final October 23, 2018 Josie Kincaid, East Rock Street, asked council if they have received any reports from the SPCA regarding their euthanasia rates, and if not, when will one be received . City Manager Campbell stated the animal services PPEA, staff was directed to bring back reports on a bi-annual basis, which will be in November. He stated the SPCA is actively looking for a new executive director which is causing major change and restructuring, but the report should be presented to council at one of the November 2018 council meetings. Council Member Jones stated the PPEA proposal process was suspended by Anicira, so there wasn’t a choice for those services. He stated the SPCA has reached out to him directly to advise him they are willing to come to a council meeting any time to discuss progress and projects. Ms. Kincaid stated talking is fine but saving animals is what is important. 8.b. City Council and Staff Council Member Jones stated it is his son’s birthday, Seth is three years old. City Manager Campbell stated the Virginia House of Delegates Appropriations Committee Retreat will be held in Harrisonburg at the Hotel Madison and Conference Center on November 13th and 14th, 2018. Mayor Reed stated Council Member Jones and herself were able to attend the birthday celebration of one of our icons of Harrisonburg, Ms. Wilhelmina Johnson, who turned 90. She stated Ms. Johnson is a very important jewel of the Northeast neighborhood, the community and the city. 9. Boards and Commissions 9.a. Social Services Advisory Board A motion was made by Vice Mayor Baugh, seconded by Council Member Jones, to re-appoint Gregory Czyszczon and appoint Jeremy Hawkins to the Social Services Advisory Board. The motion carried with a unanimous voice vote. Yes: 4- Mayor Reed, Vice-Mayor Baugh, Council Member Jones and Council Member Hirschmann No: 0 Absent: 1- Council Member Byrd 10. Closed Session cb rb cj 10.a. Virginia Code Section 2.2-3711(A), under: Subsection 3 for a discussion of the acquisition of real estate for a public purpose At 9:06 p.m. a motion was made by Council Member Jones, seconded by Vice Mayor Baugh, City of Harrisonburg Page 10 Printed on 11/14/2018 City Council Meeting Minutes - Final October 23, 2018 to enter into closed session as authorized by the Virginia Freedom of Information Act, Virginia Code Section 2.2-3711(A), under: Subsection 3 for a discussion of the acquisition of real estate for a public purpose. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Baugh, Council Member Jones and Council Member Hirschmann No: 0 Absent: 1- Council Member Byrd 11. Adjournment At 9:22 p.m., the closed session ended, and the regular session reconvened. City Attorney Brown read the following statement, which was agreed to with a unanimous recorded vote of Council: I hereby certify that to the best of my knowledge (1) only public business matters lawfully exempted from open meeting requirements under Chapter 37 of Title 2.2 of the Code, of Virginia, 1950, as amended, and (2) only such public business matters as were identified in the motion by which the closed meeting was convened were heard, discussed or considered in the closed meeting by the City Council. At 9:22 p.m., there being no further business and on motion adopted, the meeting was adjourned. ________________________ ________________________ DEPUTY CITY CLERK MAYOR City of Harrisonburg Page 11 Printed on 11/14/2018