City Council

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Tuesday, August 11, 2020 7:00 PM Council Chambers 1. Roll Call Note: All Council Members except for Council Member Jones were present via virtual Go-To Meeting. Present: 4- Mayor Deanna R. Reed, Vice-Mayor Sal Romero, Council Member Richard Baugh and Council Member George Hirschmann Absent: 1- Council Member Christopher B. Jones Also Present: 3- City Manager Eric Campbell, City Clerk Pam Ulmer and City Attorney Chris Brown 2. Invocation Mayor Reed offered the invocation . 3. Special Recognition 4. 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 Baugh, seconded by Council Member Hirschmann, to approve the consent Agenda as presented. Yes: 4- Mayor Reed, Romero, Council Member Baugh and Council Member Hirschmann No: 0 Absent: 1- Council Member Jones 4.a. Minutes from the July 28, 2020 City Council Meeting These minutes were approved on the consent agenda 5. Public Hearings 5.a. Consider personal property tax exemption status for Harrisonburg Children ’s Museum Inc and real estate tax exemption status for Anicira Veterinary Center Karen Rose, Commissioner of the Revenue, presented two 501(c)(3) non-profit organizations tax exemption requests. She reviewed the process to apply for tax exemption and noted there are sixteen 501(c)(3) organizations that have personal City of Harrisonburg Page 1 Printed on 9/10/2020 City Council Meeting Minutes - Final August 11, 2020 property exemptions for a total of $21,024.00 for fiscal year 2020 and ten that have real estate exemptions for a total of $95,466.00 for fiscal year 2020. She stated the Harrisonburg Children's Museum is requesting an additional personal property tax exemption in the amount of $2,626.93 and Anicira Veterinary Center is requesting real estate tax exemption in the amount of $10,124. She stated Matt Von Schuch, board president for the Harrisonburg Children’s Museum and Cate Lemmond, president/CEO for Anicira are both available via phone if Council has any questions. Council Member Hirschmann asked if Anicira was in the business of making a profit . Mrs. Rose state they are an official 501(c)(3) organization and are non-profit. Vice Mayor Romero asked if Anicira was operating out of the Liberty Street location as well as the new location. Mrs. Rose stated yes. Vice Mayor Romero asked what the exemptions were before they expanded. Mrs. Rose stated she doesn’t recall. Council Member Baugh reviewed the history behind tax exemptions At 7:15 p.m., Mayor Reed closed the regular session and called the first public hearing to order. A notice appeared in the Daily News-Record on Wednesday, August 5, 2020. Cate Lemmond, president/CEO for Anicira stated she is available for any questions. Matt Von Schuch, board president for the Harrisonburg Children’s Museum, thanked Council for their consideration of the exemption and noted the museum is an organization that encourages the children to learn through play, they continue to add value to the community, and the staff and volunteers have done a wonderful job bringing services to the kids in the community. He stated he would be happy to answer any questions. Vice Mayor Romero asked Mr. Von Schuch how the museum is planning to operate as a result of the Covid-19’s restrictions and guidelines. Mr. Von Schuch stated operations were shut down along with the school shutdown in mid -March but when the appropriate Governor orders came in the museum opened over the summer to only a summer camp program with kids in groups of ten and three camps a day. He stated when the schools start up again staff and board members will figure out a way to still operate and allow for learning. He stated staff also does remote kit programs. At 7:21 p.m., Mayor Reed closed the public hearing and the regular session reconvened. A Motion was made by Council Member Baugh, seconded by Vice Mayor Romero, to approve the tax exemption requests as presented. Yes: 4- Mayor Reed, Romero, Council Member Baugh and Council Member Hirschmann No: 0 Absent: 1- Council Member Jones City of Harrisonburg Page 2 Printed on 9/10/2020 City Council Meeting Minutes - Final August 11, 2020 5.b. Consider the reappropriation of encumbrances that were outstanding at the end of Fiscal Year 2020 in the amount of $7,885,760.76. Larry Propst, director of Finance, presented a request to reappropriate outstanding purchase orders and encumbrances for the end of FY 2020 in the amount of $7,885,760.76. He stated this is a process they do every year. At 7:24 p.m., Mayor Reed closed the regular session and called the second public hearing to order. A notice appeared in the Daily News-Record on Tuesday, August 4, 2020. There being no one desiring to be heard, Mayor Reed closed the public hearing at 7:25 p.m., and the regular session reconvened. A motion was made by Council Member Baugh, seconded by Council Member Hirschmann, to approve the reappropriation as presented. The motion carried with a recorded vote as follows: Yes: 4- Mayor Reed, Romero, Council Member Baugh and Council Member Hirschmann No: 0 Absent: 1- Council Member Jones 5.c. Consider a supplemental appropriation in the amount of $4,625,442 for funds received through the Coronavirus Relief Fund Larry Propst, director of Finance, presented a supplemental appropriation request in the amount for $4,625,442 for distribution of the Coronavirus Relief Fund received by the city. At 7:27 p.m., Mayor Reed closed the regular session and called the third public hearing to order. A notice appeared in the Daily News-Record on Tuesday, August 4, 2020. James “Bucky” Berry, 30 W. Washington St., stated he would like to see some of these funds used to keep people in their homes and safe from evictions or foreclosures. He doesn’t want to see some of the funds go to stabilization of the land for the new high school, it should go to those suffering and barely making ends meet. At 7:29 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Council Member Baugh stated there is money allocated to be used for evictions and housing, but this is also a way to get money back for expenditures already incurred by the City due to Covid-19. He stated we must spend or lose these funds prior to the end of the year and we are hoping another round of funding will come our way. City of Harrisonburg Page 3 Printed on 9/10/2020 City Council Meeting Minutes - Final August 11, 2020 Mayor Reed stated if anyone was keeping up with Council, between newspaper articles and work sessions, it was said funds would be available for rental assistance. A motion was made by Council Member Baugh, seconded by Vice Mayor Romero, to approve the supplemental appropriation as presented. The motion carried with a recorded vote as follows: Yes: 4- Mayor Reed, Romero, Council Member Baugh and Council Member Hirschmann No: 0 Absent: 1- Council Member Jones 6. Regular Items 6.a. Consider adopting the Environmental Performance Standards Advisory Committee ’s Bylaws Amendment Tom Hartman, director of Public Works presented changes to the Bylaws for the Environmental Performance Standards Advisory Committee (EPSAC) and reviewed the changes and noted the following: 1. Directs the focus of roles and responsibility of EPSAC. 2. Membership decreases to between 9-12 members. 3. Appoint a member of Council and a member of School Board to EPSAC. 4. Terms limits will be put in place, three-year terms, with initial staggering of terms. 5. Allows EPSAC to meet virtually if necessary. Council Member Baugh stated this seems like a natural evolution of this committee and brings more in line to the rest of the boards and commissions for the city. A motion was made by Council Member Baugh, seconded by Council Member Hirschmann, to approve the request as presented. The motion carried with a recorded vote as follows: Yes: 4- Mayor Reed, Romero, Council Member Baugh and Council Member Hirschmann No: 0 Absent: 1- Council Member Jones 6.b. Consider a request from Rockingham Properties, LLC with representative Matchbox Realty to rezone 231, 251, and 261 South Liberty Street. Agenda item 6b and 6c presented together Vice Mayor Baugh stated the Virginia State and Local Conflict of Interest Act requires that he make the following disclosure to be recorded in the city records on any matter City of Harrisonburg Page 4 Printed on 9/10/2020 City Council Meeting Minutes - Final August 11, 2020 from which he is prohibited by law from participating: The transaction involved is agenda item 6b and 6c, a request for rezoning and a request for a special use permit for certain real property located in the City of Harrisonburg at 231, 251 and 261 S. Liberty St. ; his personal interest in the transaction relates to the ethical requirements to which he must adhere as a licensed member of the Virginia State Bar; he affirms he will not vote or any manner act on behalf of city council on this matter Adam Fletcher, director of Community Development presented the request to rezone from M-1 to B-1 and a special use permit request to allow manufacturing processing and assembly operations located at 231, 251, and 261 South Liberty Street. which were previously tabled by Council on January 14, 2020 until review of the downtown parking study could be done. He reviewed the surrounding property, zoning and stated the long-term plans for the area are for mixed use. He reviewed the parking utilization in the area from the parking study and noted if the subject site were to develop and remove all parking on the site, the closest parking they would have available would be the Municipal Parking lot. He stated the applicant is requesting for a B-1 zoning which gives them the flexibility to redevelop the site from property line to property line and have requirements for on-site parking and he applicant could not provide staff with their exact plans for the property. He stated the redevelopment of the site could be 100 residential units and 30 square feet of new use, presumed to be office, retail and restaurant space. He stated if this were to occur it would make a significant impact on the parking availability in the area. He stated staff recommended denial of the rezoning request, however Planning Commission voted to recommend approval (6-1). He stated staff and Planning Commission (7-0) recommended approval of the special use permit request with the following conditions: 1. The special use permit shall only be applicable for a newspaper production facility or a substantially similar operation. 2. If in the opinion of Planning Commission or City Council, the use becomes a nuisance, the special use permit can be recalled for further review, which could lead to the need for additional conditions, restrictions, or the revocation of the permit. Council Member Hirschman asked if these requests affect the Daily News Record ’s (DNR) operations. Mr. Fletcher stated it would not affect the DNR’s operations at this time. Vice Mayor Romero stated his main concern is the parking and he was hoping more information or proffers would have been heard to alleviate the parking issues. Council Member Hirschmann stated he feels it is necessary for the applicant to come City of Harrisonburg Page 5 Printed on 9/10/2020 City Council Meeting Minutes - Final August 11, 2020 up with a more reasonable approach and alternative to the parking. It was noted to Council that the applicant is available for questions if needed. Vice Mayor Romero stated he is in favor of growth, but long term this may impact other businesses in the area with the parking. Mayor Reed stated the applicant hasn’t come up with a really clear plan for the property and agrees with Vice Mayor Romero. Mr. Fletcher stated staff recommended denial of the rezoning as there were concerns that the applicant did not have a clear plan of use and staff was concerned as to it having the ability for a manufacturing facility without restrictions. Further discussion took place regarding additional housing in the area that was not included in the parking study for parking demands. Vice Mayor Romero asked if the applicant significantly changed the request if they would have the opportunity to reapply and perhaps make concessions to our concerns on parking. Mr. Fletcher confirmed if substantial changes are made, they can return within one year. A motion was made by Vice Mayor Romero, seconded by Council Member Hirschmann, to deny the request for rezoning and special use permit as presented. The motion carried with a recorded vote as follows: Yes: 4- Mayor Reed, Romero, Council Member Baugh and Council Member Hirschmann No: 0 Absent: 1- Council Member Jones 6.c. Consider a request from Rockingham Properties, LLC with representative Matchbox Realty for a special use permit to allow manufacturing, processing, and assembly operations at 231, 251, and 261 South Liberty Street. presented with Agenda Item 6b A motion was made by Vice Mayor Romero, seconded by Council Member Hirschmann, to deny the request for rezoning and special use permit as presented. The motion carried with a recorded vote as follows: Yes: 4- Mayor Reed, Romero, Council Member Baugh and Council Member Hirschmann No: 0 Absent: 1- Council Member Jones City of Harrisonburg Page 6 Printed on 9/10/2020 City Council Meeting Minutes - Final August 11, 2020 6.d. Consider approving the policy for naming city spaces and facilities Chris Brown, city attorney, presented a revised Facility Naming policy which reflects the changes Council suggested at the previous Council meeting. He reviewed the changes made. Council Member Baugh stated it common to name something after people of regional, state or national importance. A motion was made by Council Member Baugh, seconded by Council Member Hirschmann, to approve the request as presented. The motion carried with a recorded vote as follows: Yes: 4- Mayor Reed, Romero, Council Member Baugh and Council Member Hirschmann No: 0 Absent: 1- Council Member Jones 6.e. Consider approving an amendment to the FY2019-FY2020 Community Services Performance Contract Chris Brown, city attorney, presented an amendment to the Community Services Board contract which is received every year from the State. He stated Council is asked to approve it but if they don’t the State deems it approved anyways. A motion was made by Council Member Baugh, seconded by Council Member Hirschmann, to approve the amended contract as presented. The motion carried with a recorded vote as follows: Yes: 4- Mayor Reed, Romero, Council Member Baugh and Council Member Hirschmann No: 0 Absent: 1- Council Member Jones 6.f. Consider adopting an ordinance to suppress the spread of the Novel Coronavirus, SARS-CoV-2 and the disease it causes, commonly referred to as COVID-19 Chris Brown, city attorney, presented an ordinance regarding the suppression of Covid-19. He stated localities around the state are struggling with the pandemic, restrictions have been made by the Governor, but in localities in the state which have large universities are particularly worried about when a large number of students come back. He stated Albemarle County and Charlottesville passed an emergency ordinance placing restaurants back to Phase II in reference to capacity restrictions it also addresses the wearing of face masks and no more than 50 individuals in a group gathering maximum. He stated Blacksburg is considering an ordinance almost identical as well. He stated in discussions with the Mayor and the Harrisonburg Police Department the attached ordinance was drafted which is heavily based on the Charlottesville City of Harrisonburg Page 7 Printed on 9/10/2020 City Council Meeting Minutes - Final August 11, 2020 ordinance and deals with gatherings of 50 or more individuals. He stated the Governors orders are still in effect for restaurants and other businesses as far as social distancing requirements and the mask order. He stated our concern is in the gatherings of large groups of people in which the Covid-19 virus could spread. He stated the limitations on this ordinance are that no more than 50 persons, both private and public, shall gather. He noted the exceptions would be expressive activity (1st Amendment type situations such as demonstrations etc.), religious exercises and wedding ceremonies/receptions. He stated another exception would be persons, contractors or employees working the event do not count towards the 50 persons maximum. He provided the definition of gathering, reviewed other aspects of the ordinance and the penalties associated with non-compliance. Mayor Reed stated she feels that in the next ten days we are going to have an influx of people in the city and this is a guideline for people to feel safe. Vice Mayor Romero asked if this ordinance would apply to schools for in person attendance. Mr. Brown stated it does not. Vice Mayor Romero asked how this ordinance applies to sporting events. Mr. Brown stated sports gatherings of more than 50 is not allowed. He asked how the communication take place to inform the public. Mr. Brown stated the public information officer and Harrisonburg Police Department will help with translating and getting it out via social media and the press. Mr. Browns stated this ordinance is effective for 60 days and expires 11:59 pm on October 13, 2020 unless amended by Council. Mayor Reed stated this ordinance is being supported by the universities. A motion was made by Vice Mayor Romero, seconded by Council Member Hirschmann, to adopt the ordinance as presented. The motion carried with a recorded vote as follows: Yes: 4- Mayor Reed, Romero, Council Member Baugh and Council Member Hirschmann No: 0 Absent: 1- Council Member Jones 6.g. Consider a VML Conference Voting Delegate and an Alternate Voting Delegate for the upcoming VML Conference for the Urban Section. Mayor Reed was the voting delegate for 2019 and Council Member Jones was the alternate Pamela Ulmer, city clerk, stated the Virginia Municipal League (VML) has asked for voting delegates for the Urban Section in the upcoming virtual VML in October 2020. She stated last year Mayor Reed and Council Member Jones were selected by Council as voting delegate and alternate respectively. Council Member Baugh stated this is done every year and historically the voting delegate is the Mayor with the alternate being the Vice Mayor. City of Harrisonburg Page 8 Printed on 9/10/2020 City Council Meeting Minutes - Final August 11, 2020 A motion was made by Council Member Baugh, seconded by Council Member Hirschmann, to elect the Mayor and Vice Mayor as voting delegate and alternate voting delegate for the Urban Section Virginia Municipal League. The motion carried with a unanimous voice vote. 6.h. Consider adopting a resolution granting permit to operate emergency medical services vehicles to Emergency Training Systems, Inc. Chris Brown, city attorney, presented a resolution granting a permit to operate emergency medical service vehicles to Emergency Training Systems, Inc. He stated ten years ago Council passed an ordinance which stated any entity wishing to operate emergency medical services vehicles must receive a permit or franchise from City Council pursuant to Harrisonburg Code Section 5-2-39. The City has granted such permits to volunteer and paid agencies in the City since that time . James Madison University has hired Emergency Training Services, Inc ., of Mechanicsville, Virginia to provide medical services at JMU related events on campus and potentially in the City. Emergency Training Services, Inc. ordinarily will limit its activities to campus, but with this permit may be operate off campus as well at special events. He stated there is one slight change on the resolution attached and that is to remove the term non-emergency from the last paragraph. A motion was made by Council Member Hirschmann, seconded by Council Member Baugh, to adopt the resolution with amendment as presented. The motion carried with a recorded vote as follows: Yes: 4- Mayor Reed, Romero, Council Member Baugh and Council Member Hirschmann No: 0 Absent: 1- Council Member Jones 7. Other Matters 7.a. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) Pamayotis “Poti” Giannakaouros, stated at the Martin Luther King, Jr. Way Coalition meeting it was discussed that 7 years ago the city renamed Cantrell Avenue to Martin Luther King, Jr. Way, this event became the very heart of Harrisonburg and at least three Council Members have publicly given their seats on council to the renaming. He stated we as a city were able to show that the consequences of slavery in this country do not have two sides that are equally valid. He stated the city achieved this entirely peacefully through research and deliberation, and four years later Charlottesville showed the country the same thing. The country today is removing flags and statues, and names are being changed and there is only one side that merits acknowledgement. He stated on this 7th anniversary, the Martin Luther King Jr. Way Coalition wanted to share their mission. He read the mission. He stated they challenge the city attorney for failing the city up to and including misleading and defying our elected representatives. He stated they challenge the elected City of Harrisonburg Page 9 Printed on 9/10/2020 City Council Meeting Minutes - Final August 11, 2020 representatives on City Council to do the right thing, the city attorney is the only top leadership position under Council’s control that was appointed under the old City Council and ask they give the new city council currently running for office the chance to put the question on how that position should be filled to the public as they run for office so we can be confident that office reflects the wishes and needs of our city. James “Bucky” Berry, stated George’s donated 65 cases of chicken to the Salvation Army and complemented the Harrisonburg Police Department and a few Council Members for being there. He stated police officers in the city should be paid more or they will keep losing officers. 7.b. City Council and Staff Council Member Baugh stated everyone needs to wear their mask. Council Member Hirschmann stated we are getting close to the end of the Census and he thinks it is important that people participate because in the short and long run it can really change what happens in the city as far as funding allotted for various expenses such as education. He stated it is more important than many think it is and asked everyone to take the time and complete the Census. Mayor Reed stated she has been working with a group of community leaders: JMU, Rockingham County, EMU, Bridgewater College, Blue Ridge Community College, County and City Schools, United Way, Chamber of Commerce, VMRC, RMH, and Rockingham County on a commitment campaign called Be Vigilant for the Valley . She stated it is a campaign about being in this together and looking out for one another, as we all come back to the city. She stated many localities are doing this and we all have the same message, we are all looking out for each other and being responsible for each other. She stated the mission is: Our community is strong, be vigilant for the Valley, Harrisonburg and Rockingham County Community Commitment. Our community is strong, collaborative, and supports one another, through times of crisis, we share goals, we are commitment everyone safe and prioritizing the public health of the valley. These are our commitments to one another and our community at large as we respond to Covid-19. We will prioritize the health and wellbeing of our community and will require our constituents to adhere to best practices according to our Federal State and local public health leadership including but not limited to requiring masks wearing, social distancing and frequent hand washing. We are committed to reducing the risk mitigating the spread of Covid -19 in our businesses, schools, and public gathering places. We will make decisions based on local data that prioritizes our community’s health and economic prosperity knowing that these two things are closely connected, and one cannot be achieved without the other. We will proactively share accurate information with one another in the interest of public health and we will support people in taking care of themselves and loved one as they are sick or exposed per federal, state and local public health guidance. She stated they will start doing a social media campaign and with the incoming City of Harrisonburg Page 10 Printed on 9/10/2020 City Council Meeting Minutes - Final August 11, 2020 students arriving in the area and still in the middle of a pandemic we need to take care of each other regardless of how many people are in the area. Eric Campbell, city manager, stated he dispatched the Fire Marshal and the Building Official to the Lineweaver Apartments and the inspections were completed by August 5, 2020 which covered common areas and selected residential areas. He stated he will provide the finding memo to Council, and noted the inspections were routine but very detailed and included HRHA staff. He stated there were no major or significant findings. Mayor Reed stated the HRHA Board has reached out to her and are taking it very seriously. She stated she is glad we are working together, and the tenants are being heard and taken care of. She thanked the city manager for taking care of the issue. Mr. Campbell stated the city has hired a consultant firm, Mullin and Lonergan Associates, to work towards a comprehensive housing assessment and market study. He stated the study would including collecting and analyzing data on the demographics, economic conditions, homeownership and rental markets, students and student housing, housing and supportive services, current programs, organizations and projects, trends, as well as financial gaps and barriers to housing in the city. He stated the project would also include recommendations based on nationwide best practices and addressing housing concerns identified in the city. He stated the projected target date of recommendation from the comprehensive housing study should be the first of the year, late January 2021. He stated the firm hired is a very reputable and has done comprehensive housing studies in major cities around the country. Mayor Reed stated it is very exciting to her as the results will be in fairly quickly and help Council make decisions needed concerning housing. Mr. Campbell stated the process is very inclusive and they will be holding focus groups throughout the community and talking with stake holders. He stated they will be joining our housing conference meeting to introduce themselves to those stake holders as we move forward with the study. 8. Adjournment At 8:47 p.m., there being no further business and on motion adopted, the meeting was adjourned. ________________________ ________________________ CITY CLERK MAYOR City of Harrisonburg Page 11 Printed on 9/10/2020