City Council

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Tuesday, December 8, 2020 7:00 PM Council Chambers 1. Roll Call Note: All Council Members were present via virtual Go-To Meeting. Present: 5- Mayor Deanna R. Reed, Vice Mayor Sal Romero, Council Member Richard Baugh, Council Member Christopher B. Jones and Council Member George Hirschmann Also Present: 3- City Manager Eric Campbell, City Attorney Chris Brown and City Clerk Pam Ulmer 2. Invocation Council Member Hirschmann offered the invocation 4. Special Recognition Resolution honoring Richard A. Baugh Mayor Reed stated this is our last meeting in 2020 and is also the last meeting for Council Member Baugh. She stated there are a lot of people on this meeting to honor him including his wife and daughter and city department directors. She read the proclamation honoring Richard A. Baugh. She thanked Council Member Baugh for all the years he has served, for being a sound voice, she stated she wouldn ’t have been able to get through her first two years without him and he will be missed. Vice Mayor Romero stated he has always been amazed at the institutional knowledge Council Member Baugh was able to hold over the years. He stated Council Member Baugh always had the background on things making it much easier to understand the processes. Council Member Hirschmann stated Council Member Baugh has been one of the rocks of Council, he always had enough information and history to support an issue, and he will be missed. Council Member Jones stated Council Member Baugh is a fantastic leader and representative of the people of Harrisonburg, as well as around the state through the Virginia Municipal League, He stated Council Member was always a brother to him, helping him gain a good understanding of local government and how Harrisonburg had come to be shaped the way it was, especially during 2013 during campaigning. He stated Council Member Baugh created strong standards for those in Council now City of Harrisonburg Page 1 Printed on 2/1/2021 City Council Meeting Minutes - Final December 8, 2020 and in the future. Eric Campbell, city manager, stated he will miss Council Member Baugh, and thanked him for being one of the Council Members that hired him for the city manager position. He presented a gift from the Executive Leadership Team. Council Member Baugh stated he appreciates the kind words, but it couldn ’t have been possible without the people who have worked with him and around him. He stated it is the outstanding employees, department directors, city manager ’s office and the colleagues on Council that has made it possible. He thanked everyone. 4.a. Update on the Rockingham/Harrisonburg SPCA Huck Nawaz, director of the Rockingham Harrisonburg SPCA, shared the highlights of 2020. He reviewed the following: COVID-19 impact, the breakdown of city resident engagements, intake numbers, adoption outcomes, and live release rate . He noted intakes were lower this year, adoptions were higher, return to owners was lower, transfers were lower, and Euthanasia was 74% lower than from previous years. Vice Mayor Romero asked what the success rate is on adoptions. Mr. Nawaz stated the return rate is at 6% overall. He stated the vast majority of people who are unable to keep the pet will reach out to the SPCA. Council Member Baugh stated it was talked about before that the desired rate of euthanasia was achievable, and thanked Mr. Nawaz for his work in that area and it is greatly appreciated. Mayor Reed stated she remembered the issues at the SPCA and she is so impressed with what Mr. Nawaz has been able to accomplish, not only at the facility but with the relationships in the community that he has built. Council Member Jones stated he remembers the time when Council had to decide how to move forward in regard to the SPCA and how to turn it around. He stated Mr . Nawaz was able to achieve what Council had envisioned. He thanked Mr. Nawaz for making a reality and working philosophy. Council Member Hirschmann stated Mr. Nawaz has done a great job and thanked him. 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 Baugh, seconded by Council Member Hirschmann, to approve the consent Agenda as presented. City of Harrisonburg Page 2 Printed on 2/1/2021 City Council Meeting Minutes - Final December 8, 2020 Yes: 5- Mayor Reed, Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 5.a. Minutes from the November 10, 2020 City Council Meeting The minutes were approved on the consent agenda 5.b. Minutes from the November 18, 2020 City Council Special Meeting The minutes were approved on the consent agenda 5.c. Consider a request from Rock Homes LLC to rezone 690 Pear Street This rezoning request was approved on second reading 5.d. Consider adopting an ordinance to pay a bonus to employees of the City of Harrisonburg in recognition of service during the COVID-19 Pandemic This Ordinance was approved on second reading 5.e. Consider a supplemental appropriation for the Harrisonburg City School (HCPS) division in the amount of $1,122,135 This supplemental appropriation was approved on the second reading 5.f. Consider a supplemental appropriation for the Emergency Communications Center (ECC) in the amount of $700,000 This supplemental appropriation was approved on the second reading 6. Public Hearings 6.a. Consider a request from Morgan Properties Investments LLC to rezone 3506 South Main Street and 32 Reedy Circle Adam Fletcher, director of Community Development presented a rezoning request for two parcels located at 3506 S. Main Street and 32 Reedy Circle from B2 to M1 and M1C. He reviewed the surrounding properties and their uses, long term plan for the area, the submitted proffers for the S. Main Street parcel, and the site layout. Mr. Fletcher stated staff and Planning Commission (7-0) recommended approval of this rezoning requests. At 7:45 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 Monday, November 23, 2020 and Monday, November 30, 2020. There being no one desiring to be heard, Mayor Reed closed the public hearing at City of Harrisonburg Page 3 Printed on 2/1/2021 City Council Meeting Minutes - Final December 8, 2020 7:46 p.m., and the regular session reconvened. A motion was made by Council Member Baugh, seconded by Council Member Jones, to approve the rezoning request as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 6.b. Consider a request from Waseem, Nadeem, and Sohail Alfridi for a special use permit to allow multiple family dwellings at 728 Foley Road Adam Fletcher, director of Community Development, presented a special use permit for property located at 728 Foley Road, to convert a single-family detached structure into a multiple family dwelling. He stated the permit would allow up to 12 units per building, with density of up to 7, but the conversion requested is from one unit to four units. He reviewed the surrounding property, the changes in the uses of the area, the current zoning for the surrounding area, and parking restrictions. Mr. Fletcher stated as part of the requirements for obtaining a SUP for multiple family development in the R-3, Medium Density Residential District, an applicant must substantiate that they have met several conditions to justify the development. Those conditions outlined in Section 10-3-48.6 (e) of the ZO consist of the following: 1. Existing multiple-family development, or land planned for multiple-family development according to the Land Use Guide, is located adjacent to, across the street from, or in close proximity to the proposed development; 2. The applicant has demonstrated that adequate vehicular, transit, pedestrian and bicycle facilities: • currently serve the site; or • are planned to serve the site according to a city or state plan with reasonable expectation of construction within the timeframe of the need created by the development; or • will be provided by the applicant at the time of development; or • are not needed because of the circumstances of the proposal. He reviewed potential issues and solutions of stormwater drainage. He stated due to the location of the fire hydrant a sidewalk will not need to be constructed across the property’s frontage. He stated staff and Planning Commission (7-0) recommended approval with the following conditions: 1. The SUP shall be limited to the existing structure and no more than four multiple family dwelling units. (Note: Small additions to the existing structure for housing improvements may be allowed at the discretion of the Zoning Administrator.) 2. The existing driveway and entrance shall be removed; however, City of Harrisonburg Page 4 Printed on 2/1/2021 City Council Meeting Minutes - Final December 8, 2020 portions of the paved area may remain and be repurposed. At 8:06p.m., Mayor Reed closed the regular session and called the second public hearing to order. A notice appeared in the Daily News-Record on Monday, November 23, 2020 and Monday, November 30, 2020. Council Member Jones asked if there is any indication that this will not be student housing. Mr. Fletcher stated he doesn’t recall the applicant specifically stating exactly what demographic in which these units would be rented to. He stated there is no specific way to prevent students from renting any unit. Vice Mayor Romero stated he doesn’t believe that question was asked to the applicant, but the area has had multiple units approved for housing, which over time, it may be more likely to be appealing to students. Council Member Hirschmann asked the applicant as to who they aim to market the rentals to. Waseem Afridi, applicant, stated they are looking at renting to local families, not students. At 8:08 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Chris Brown, city attorney, stated this is one of the unique situations in the zoning ordinance where there is a requirement that Council make factual determinations as set forth in City Code Section 10-3-48.6. If there is a motion to approve, his recommendation would be to include in that motion a finding that the applicant has met the conditions set forth in that ordinance. Vice Mayor Romero stated the stormwater run-off issues need to be addressed prior to the applicant moving forward. Council Member Baugh stated the reality of this area is that it is one of the few areas where things are consistent. He stated most of the concern Council has had with this area is the concern of more student housing due to its proximity to JMU, and this type of housing may deter more student housing. He stated this would be what we envision this type of housing in this area to be. A motion was made by Vice Mayor Romero, seconded by Council Member Jones, to approve the request as presented with stated conditions and the applicant has met the conditions set forth in City Code Section 10-3-48.6. The motion carried with a recorded vote as follows: Yes: 4- Mayor Reed, Romero, Council Member Baugh and Council Member Jones City of Harrisonburg Page 5 Printed on 2/1/2021 City Council Meeting Minutes - Final December 8, 2020 No: 1- Council Member Hirschmann 6.c. Consider a request from Trenton, Inc. and Bernard, LC to close +/- 7,245 sq. ft. of public alley located between 435, 445, 457, and 473 South Main Street and 270, 276, 282, and 288 South Liberty Street Adam Fletcher, director of Community Development, presented a 7,245 square foot, more or less, alley closing request for an alley located adjacent to Warren Street. He reviewed the alleyway, the surrounding properties, the use of the area, and noted that an access easement will be reserved to the employee parking area off of the alleyway. At 8:22p.m., Mayor Reed closed the regular session and called the third public hearing to order. A notice appeared in the Daily News-Record on Monday, November 23, 2020 and Monday, November 30, 2020. Todd Rhea, Clark & Bradshaw, applicant’s representative, stated the alley is a dead-end alley and does not allow any public or private access to any other parcels other than those owned by the applicants, with the exception of the city lot along Liberty St. He stated the closure of this alley would provide future development potential and additional funds to the city for land that is not serving a public purpose . He stated this alley would also become part of the surrounding parcels and become taxable. He stated he requests Council approve this alley closing. Pamayotis “Poti” Giannakaouros, stated he is against the closing of this alleyway, he stated we should not give up public land. He discussed past Council thoughts on public land, and stated these public lands could be used for affordable housing, gardens, etc. At 8:30 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Council Member Jones asked the city manager and deputy city manager what their thoughts were on this alley closing. Mr. Campbell, city manager, stated staff has no reservations and supports staff’s recommendation. Council Member Baugh stated there are a few examples of where a remnant of public property alleyways have been closed. He does, however, recall a few times when this alleyway was discussed in the conversations of a park in the area. He stated this actually enhances the city’s flexibility to use the remaining property. Vice Mayor Romero stated he still is learning the city’s plans when it comes to alleys, he stated there have been many conversations at Planning Commission regarding alleys, and he isn’t sure if there is an ultimate plan or vision for alleys in the city. He stated it is hard without a consistent approach, but this one didn ’t make sense to keep the land as he felt the need of the land by the city had expired. Council Member City of Harrisonburg Page 6 Printed on 2/1/2021 City Council Meeting Minutes - Final December 8, 2020 Baugh stated it would be good to have an “alley rule”, and apply that to all closure requests, but a one size fits all may not work throughout the city. Further discussion took place regarding past alley closings and possible consistent guidelines. A motion was made by Council Member Jones, seconded by Vice Mayor Romero, to approve the alley closing request. The motion carried with the following roll call vote: Yes: 5- Mayor Reed, Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 7. Regular Items 7.a. Presentation of the City’s Fiscal Year 2020 Comprehensive Annual Financial Report (CAFR) Norman Yoder, partner at Brown Edwards, presented the annual audit and stated he is providing the city with a clean opinion. He stated there is one thing that is a bit unusual, there is a report on the major federal programs, however, it is not in this report because there is still guidance coming on certain audit procedures around federal programs that would come out of the CARES Act. He stated he does not expect to have to do any additional audit work around those programs. He stated he appreciates all the hard work from Larry Propst, finance director, and his department. No action required. This Presentation was received and filed. 7.b. Consider adopting an ordinance vacating the existing utility easement on Tax Map Parcels 47-P-9, 47-9-10, 47-P-1, 47-P-14, 47-P-15 and 47-P-16 owned by Christian Light Publications, Inc. Chris Brown, city attorney, stated Christian Light Publications, Inc. is in the process of reconfiguring their lots and needs to vacate existing HEC easements and grant HEC new easements for the relocated utilities as needed for the project. A motion was made by Council Member Baugh, seconded by Council Member Hirschmann, to approve the ordinance as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 7.c. Consider amending and reenacting Section 7-1-15, Deposit prerequisite to service - Required, and Section 7-4-1, Schedule of rates and charges generally, of the Harrisonburg City Code. Chris Brown, city attorney, stated the amendment to Section 7-1-15 allows a cohabitant to take over the account of water and sewer service without making a City of Harrisonburg Page 7 Printed on 2/1/2021 City Council Meeting Minutes - Final December 8, 2020 deposit. He stated the amendment to Section 7-4-1 is related to automatic withdrawal of payments for water and sewer, if a payment is returned insufficient funds three times within a twelve month period the director of Public Utilities has the right to remove the person from the automatic payment program and require a possible increased deposit. A motion was made by Council Member Hirschmann seconded by Vice Mayor Romero, to approve the ordinance amendment and reenactment and as presented. The motion carried with a recorded vote as follows Yes: 5- Mayor Reed, Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 7.d. Consider enacting an ordinance Title 14 Chapter 2 of the Code of Ordinances, City of Harrisonburg, Virginia allowing a monitoring system to be installed on school buses that captures license plate images and associated information of unlawful passing of a stopped school bus Chris Brown, city attorney, stated this request is on behalf of the Harrisonburg Police Department (HPD) and Harrisonburg Department of Public Transportation (HDPT), enacting an ordinance allowing for a monitoring systems to be installed on school buses that can capture license plate images for those unlawfully passing a stopped school bus. He stated the last year or so comments have been received from HPD regarding and increase in the number of people illegally passing a stopped school bus. He stated unless an officer witnesses the violation it is extremely difficult to prosecute. He stated last year HDPT replaced all the cameras on all of the school buses and thought this would be an opportune time to consider adding the stop arm camera. He stated violation notices will be sent by mail to the offenders. He stated this will be a civil fine in the amount of $250, and if HPD observes a violator they can also issue a reckless driving ticket. He stated HPD and HDPT will be a more effective way of capturing a larger number of violators and hopefully people will begin to be more careful in the future. Vice Mayor Romero stated in an article he read regarding working with a third party, one must be careful with the working relationship with the third party. He asked if we are familiar with the third party, is it someone local, out of state, how does that look . Mr. Brown stated the out of state offenders are tougher because eventually service to process needs to be done. He stated there are several other localities using this system and has been effective. Vice Mayor Romero asked if there is data that shows these infractions have increased over the past several years to validate the need for this equipment. Mr. Brown stated most of the evidence is from complaints from bus drivers, but in 2020 there were 16 criminal summons’ issued for failure to stop. Council Member Jones stated he witnessed these infractions twice and would like to see more data from HPD. City of Harrisonburg Page 8 Printed on 2/1/2021 City Council Meeting Minutes - Final December 8, 2020 A motion was made by Council Member Hirschmann seconded by Vice Mayor Romero, to approve the ordinance enactment as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Romero, Council Member Baugh, Council Member Jones and Council Member Hirschmann No: 0 7.e. Consider amending 15-7-3(4)(a), 15-7-3(5), 15-7-3(6)(a), and 15-7-3(7) of the Emergency Ordinance to suppress the spread of the Novel Coronavirus, SARS-COV-2, and the disease it causes, commonly referred to as COVD-19, - related to gatherings. Chris Brown, city attorney, presented an ordinance amendment related to limiting public and private gatherings reducing it from 50 individuals to 25 individuals. He stated HPD would be able to enforce the Governors Executive Order 67 which is more restrictive than the city’s ordinance and staff recommends that Council not renew the ordinance. He stated Council can always come back and enact another ordinance if the situation changes and the Governor’s order changes to make more fitting for the city if necessary. No action taken no action taken by Council 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) Pamayotis “Poti” Giannakaouros, stated he has all the zoning ordinance violations for the past year. He stated he commends the FOIA Compliance Officer for getting these documents to him in a speedy and timely manner, despite the fact that the emergency order exempted him from having to act. He stated what he sees in these documents is appalling, as from the mid of March 100 nuisance violations were acted on. He stated these violations included junk, trash, debris, chickens, cars, and 48 tall grass and weed. He stated as our city was scrambling and down, we had staff out and about kicking the residents in the teeth when they were in the height of their suffering . He stated at the end of all of this a zoning inspector position was filled, doubling down on what had been done. He stated almost all these violations were reported anonymously, contrary to what Council instructed. He discussed his thoughts on proactive enforcement and asked that Council lives up to the hopes and dreams put into Council and stand up to city staff. He stated he still would also like a report of how many employees are not city residents. Winnie Dickerson, 182A Chestnut Ridge Drive, stated she lost her job due to COVID-19 and is in the process of looking for a place to live as she was evicted, there were so many challenges in finding an affordable place. She stated she couldn’t afford to pay the prices on rentals in the city and it was frightening. City of Harrisonburg Page 9 Printed on 2/1/2021 City Council Meeting Minutes - Final December 8, 2020 James “Bucky” Berry, 30 W Washington St. stated the Brent Beery Community Food Drive will be in Bridgewater at Bridgewater Foods for 15 days and is more important now than ever. He stated he has an issue with city take home vehicles, it ’s a cost to the tax payors. Laura Toni-Holsinger, 373 Bluestone Hills Drive, executive director of United Way of Harrisonburg/Rockingham County, thanked Ms. Dickerson for sharing her story, there are so many like hers in the city. She stated for the past 18 months she has had the opportunity to meet with several Council Members and direct service providers to discuss the needs around housing and homelessness and it has been quite hopeful to see the meaningful progress from those meetings and the prospect of what is yet to come. She stated it was evident by the way the CARES Act funding was distributed that housing was a pressing issue. She stated United Way was extremely grateful to see the housing study conducted and completed and the findings included that the vacancy rate is very low in the city, the rental market is not designed for residents but geared towards students, and there is a great lack of land. She stated one of the recommendations was the Housing Trust Fund and hopes Council will consider this as an important first step. She reviewed what the Housing Trust Fund could be used for. Jessani Collier, resident of Broadway, attends JMU, stated she is part of JMU’s Student Government Association, and is the head of City Council liaison, and stated she would like clarification on the number that can gather according to the new gathering rule by the Governor so she can better help enforce policy when students are on campus. She stated she is also aware of the lack of affordable housing in the city and hopes City Council takes into consideration the effects people of low -income status. 8.b. City Council and Staff Council Member Baugh stated he will always be amazed he was elected for public office for three times, he hated the election questions. He stated for those that want to know he is not Polish, and referenced an article by Ann Applebaum which had a closing statement of “I leave anyone who has the bad luck to be in public life at this moment with a final thought from Władysław Bartoszewski, who was a member of the wartime Polish underground, a prisoner of both the Nazis and the Stalinists, and then, finally, the foreign minister in two Polish democratic governments. Late in his life -he lived to be 93-he summed up the philosophy that had guided him through all of these tumultuous political changes. It was not idealism that drove him, or big ideas, he said . It was this: Warto być przyzwoitym-“Just try to be decent.” Whether you were decent-that’s what will be remembered.” Council Member Baugh stated he wasn’t sure if he lived up to that statement, but it was his goal, oh and wear your darn mask. City of Harrisonburg Page 10 Printed on 2/1/2021 City Council Meeting Minutes - Final December 8, 2020 Vice Mayor Romero stated he received a phone call from a resident who is a small business owner and had been paying his taxes on time for many years, that was confused about the payment extension on personal property taxes, he thought it to include real estate taxes. He stated he personally called the Treasurer and was told he had no authority to do anything about it. He asked Mr. Shafer if he had received many calls regarding this confusion, and Mr. Shafer stated he anticipates quite a few . Vice Mayor Romero asked what we, as a Council, can do in these instances. Mayor Reed stated she has had people call her too. Council Member Hirschmann stated he has as well, but it seems as though we have difficulty doing anything retroactively but would still like to see if there is anything that can be done. Chris Brown, city attorney, stated it is unfortunate that there was a misunderstanding, we tried to be very specific that it only related to personal property taxes in all media. He stated Mr. Shafer is correct in that he can only provide relief under very certain circumstances such as hospitalization, etc. He reviewed state tax code requirements and stated staff will do further research but believes at this point Council does not have authority to waive interest and penalty from real estate taxes at this point. Vice Mayor Romero stated that is a shame because in this case we are talking about a person who has done what we expect of a resident in the city for years. Council Member Hirschmann stated regarding affordable housing it is a major concern of his, and he has been working very hard with a group of people who are trying to help through trust funding. He stated Council will hear a lot more about this and he is very optimistic of what can happen in the city. Council Member Jones wished everyone a happy holiday, Merry Christmas, happy Hanukkah, happy Kwanza. He asked Council Member Baugh to state the funniest moment he experienced over the past twelve years. Council Member Baugh stated it has been an honor to serve with all of the Council Members, city manager, city staff, and he looks back fondly on past Council Members, and conversations that took place. Council Member Jones shared his favorite memory with Council Member Baugh. Eric Campbell, city manager, stated as the city sees increased cases of COVID -19 in the community it is now affecting our city employees, the more positive tests we get, the more folks will need to be isolated and quarantined, right now we are managing, but smaller departments are going to get hit harder. He stated we may get to the point where we have service impacts and just wanted Council to be aware. He stated last week the Middle River Regional Jail Authority (MRRJ) board met and the discussion of the jail expansion took place. He stated one of the things that is getting lost with the expansion is that the expansion is for community custody beds, not secure beds. He stated it is expanding the work force release program and other community type programs that they can’t do in the secure building. He stated the Authority will be seeking the General Assembly Department of Corrections authority commitment to pay 25%, and as we enter into February the MRRJ Authority Board will City of Harrisonburg Page 11 Printed on 2/1/2021 City Council Meeting Minutes - Final December 8, 2020 have to make some decisions on one of three options to move forward, and authorize the contract and bond council. He stated he asked the superintendent of MRRJ to come to the second meeting in January 2021 to present the details of the expansion project to Council so they will have the information prior to the MRRJ Authority Board vote in February. He stated city staff has been working hard on studies and programs including legacy projects. One of those projects is the Downtown Master Plan, after receiving and reviewing 19 proposals, staff entered a contract with Interface Studio out of Philadelphia, PA to guide the city through its downtown master planning process. He stated some of the members and subcontractor so of their team will be Monte Verde Engineering of Harrisonburg, Merritt Case Landscape Architecture Firm, Ninigret Partners who will provide the market analysis. He stated this will be a yearlong process taking up most of 2021, a kick-off meeting with the development team will take place this week, there will be many opportunities for public engagement and focus groups as we go through this process. He stated this is a significant project as it defines where the city goes with the downtown as a community moving forward instead of letting it organically develop around us, we will be able to dictate how we want to develop our downtown. HEC Fiscal Agent Agreement Chris Brown, city attorney, stated HEC has received a grant from the state under the COVID-19 Municipal Utility Relief Program in the amount of $23,668, and these funds will be used by HEC to assist those that have fallen behind on their electric bills due to the COVID-19 Pandemic. He stated the state is requiring that the city act as fiscal agent for HEC, the funds must be spent in December, 2020 and a formal fiscal agency agreement will be presented to Council at the January 12, 2021 meeting but he requests that Council approve the city acting as HEC’s fiscal agent an authorize the city manager to sign the Fiscal Agency Agreement and any other documents that HEC needs to secure the funds. A motion was made by Council Member Jones, seconded by Council Member Baugh, to approve the request as presented. The vote carried with a unanimous voice vote Parking Space Lease at 90 N. Main Street Council Member Baugh stated for reasons related to legal professional ethics he recused himself from the agenda item under Other Matters. 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 from which he is prohibited by law from participating: The transaction involved is an agenda item that came up and was voted upon under Other Matters at the December 8, 2020 City Council meeting, concerning negotiations of rights to parking spots at or around the property at 90 North main Street in Harrisonburg; his personal interest in the transaction relates to the ethical requirements to which he must adhere as a licensed member of the Virginia State City of Harrisonburg Page 12 Printed on 2/1/2021 City Council Meeting Minutes - Final December 8, 2020 Bar; he affirms he will not vote or any manner act on behalf of city council on this matter. Chris Brown, city attorney, stated for any years the building located at 90 North Main Street, the city had agreed to lease 9 parking spots to the owner of that building for the use by its tenants. He stated the building is planned to be sold and the new owner would like to make sure he can continue to use the parking spaces under the same terms and conditions. He stated it would be a five-year term with two five-year renewals. He stated the prices of the parking space lease will be based on the price of the Elizabeth Street parking deck, set forth by the Parking Committee each year . He asked if Council is willing to continue this lease with the new owner and give the authority to the city manager to sign such lease, with the understanding that the lease must come back to City Council in January after a public hearing for final approval. A motion was made by Council Member Hirschmann, seconded by Vie Mayor Romero, to approve the request as presented. The vote carried with a unanimous voice vote. 9. Boards and Commissions 9.a. Planning Commission A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to appoint Richard Baugh to the Planning Commission with a term to begin January 1, 2021. The motion carried with a voice vote. Council Member Baugh abstained A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to reappoint Kathy Whitten to the Planning Commission. The motion carried with a unanimous voice vote. 9.b. Environmental Performance Standards Advisory Committee (EPSAC) Discussion took place regarding the appointments and reappointments to this board, Council determined this would take time to determine appointments/ reappointments and terms and decided to table this item until the January 4, 2021 reorganization meeting. This Boards and Commissions was tabled. 9.c. Board of Equalization Discussion took place regarding the applicants, and Council decided to table this item until the January 4, 2021 reorganization meeting. This Boards and Commissions was tabled. 9.d. Parks and Recreation Commission (PRAC) Council discussed the vacancies and the east and west designations. A motion was made by Council Member Jones, seconded by Vice Mayor Romero, to City of Harrisonburg Page 13 Printed on 2/1/2021 City Council Meeting Minutes - Final December 8, 2020 reappoint Chance Ebersold to the Parks and Recreation Commission. The motion carried with a unanimous voice vote. A motion was made by Council Member Baugh, seconded by Council Member Hirschmann, to appoint Carol Mills-Rooker to the Parks and Recreation Commission. The motion carried with a unanimous voice vote. 9.e. Harrisonburg Electric Commission Discussion took place regarding the applicants and the recommendations from HEC . Vice Mayor Romero asked for clarification on the process of the recommendations from HEC. A motion was made by Council Member Jones, seconded by Council Member Baugh, to reappoint Alex Gabbin to the Harrisonburg electric Commission. The motion carried with a unanimous voice vote. A motion was made by Council Member Jones, seconded by Council Member Baugh, to reappoint Mark Hanna to the Harrisonburg electric Commission. The motion carried with a voice vote. Council Member Hirschmann voted against. 11. Adjournment At 10:18 p.m., there being no further business and on motion adopted, the meeting was adjourned. ________________________ ________________________ CITY CLERK MAYOR City of Harrisonburg Page 14 Printed on 2/1/2021