City Council

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Tuesday, December 14, 2021 7:00 PM Council Chambers 1. Roll Call Council Member Dent attended meeting via virtual platform. Present: 5- Mayor Deanna R. Reed, Vice Mayor Sal Romero, Council Member Christopher B. Jones, Council Member George Hirschmann and Council Member Laura Dent Also Present: 4- City Attorney Chris Brown, City Clerk Pam Ulmer, Police Chief Kelley Warner and Mayor Matthew Tobia 2. Invocation Council Member Hirschmann offered the invocation. 3. Pledge of Allegiance Mayor Reed led the Pledge of Allegiance Chris Brown, city attorney, stated Council Member Dent is attending this meeting remotely from home as she is not feeling well and required Council's approval do to so. A motion was made by Vice Mayor Romero, seconded by Council Member Hirschmann to approve Council Member Dent’s attendance remotely. The motion carried with a unanimous voice vote. 4. Special Recognition 4.a. Recognition of the 2021 Citizens Academy Graduates Mayor Reed recognized the 2021 Citizens Academy graduates. Michael Parks, director of Communications, explained what the Citizens Academy is, and he thanked the directors and staff of the city departments for participating. He stated this year there were 13 participants and reviewed some of the evaluation comments provided by the class. The graduates were presented certificates of completion. 4.b. Proclamation recognizing December 21, 2021 as Boys and Girls Club Day and celebrating the 25th anniversary of the Boys and Girls Club of the City of Harrisonburg Mayor Reed presented a proclamation recognizing December 21, 2021, as Boys and Girls Club Day and celebrating the 25th anniversary of the Boys and Girls Club of the City of Harrisonburg to Sandra Quigg, executive director for the Harrisonburg Boys City of Harrisonburg Page 1 Printed on 1/25/2022 City Council Meeting Minutes - Final December 14, 2021 and Girls Club. Resolution recognizing the accomplishments of Eric D.Campbell Mayor Reed stated this is the last meeting for our city manager, Eric Campbell and presented a framed resolution reflecting his achievements to him. Ande Banks, deputy city manager, presented a recognition from the Executive Leadership Team. He stated Mr. Campbell created a very impressive and creative culture in the short time he was city manager, one of which is the City Ambassadors, who empowered employees across the departments to come together and to talk about the five values that the leadership team created and how to instill these values across the organization. He stated one of the things created was a way to recognize employees when they exemplify all five values called Got Five. He presented a Got Five certificate and pin to Mr. Campbell for exemplifying all five core values of the organization he helped bring to life. Mr. Campbell thanked everyone, this means a lot, and stated he presented two of these certificates today to employees. Mr. Banks read the inscription on the framed resolution and stated it is a quote held very near and dear to public servants, it is the Athenian Oath. 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 Vice Mayor Romero, seconded by Council Member Hirschmann, to approve the consent agenda as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 5.a. Minutes from the November 30, 2021 City Council Work Session These minutes were approved on the consent agenda 5.b. Minutes from the November 9, 2021 City Council Meeting These minutes were approved on the consent agenda 5.c. Minutes from the November 16, 2021 City Council Special Meeting and Work Session These minutes were approved on the consent agenda 5.d. Consider amending and reenacting Title 12, Chapter 1 of the Code of Ordinances City of Harrisonburg related to Business, Professional and Occupational Licenses City of Harrisonburg Page 2 Printed on 1/25/2022 City Council Meeting Minutes - Final December 14, 2021 (BPOL) The ordinance amendment was approved on second reading 5.e. 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 The ordinance to close an alley was approved on second reading 6. Public Hearings 6.a. Consider a request from 7-Eleven, Inc. to amend the Zoning Ordinance to allow vehicle fuel stations within the B-1, Central Business District Adam Fletcher, director of Community Development, reviewed the history of this item, the ordinance amendments, the history of gas stations and the zoning allowances in the downtown area, and provided photos of locations in the city that have the fuel stations that would be allowed in the B-1 Districts if the ordinance amendments are approved. He reviewed the description of the B-1 Central Business District in the Zoning Ordinance and noted staff does not think it is in the best interest of the city to change what has been long standing to start allowing vehicle fueling stations in the downtown area and noted there are 17 gas stations within two miles of Court Square. He stated Planning Commission (6-0) recommended denial of this amendment. He stated if Council choses to approve the amendments staff suggests the following amendment be added: 1. Allowed only on corner lots 2. No more than four fuel dispensers 3. The canopy over the pumps may not exceed 75% of the size of the footprint of the principal structure. Council Member Jones asked how long it has been since the fuel was removed from the site on 380 North Mason Street. Mr. Fletcher stated it was removed in 2014. Vice Mayor Romero asked if any other requests were denied due to the ordinance recently. Mr. Fletcher stated not to his recollection. At 7:30 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 26, 2021, and Monday, December 6, 2021. Lori Schweller, attorney with Williams Mullin, representing 7-11, reviewed the primary objectives of zoning as set out in the Virginia Code, and noted 7-11 has listened to the community and has support as well as signatures from the community. She reviewed the property located at 380 N. Mason Street, the surrounding properties, and noted a total redevelopment is planned for this site provided the fuel pumps would be allowed. She reviewed the proposed redevelopment, it would have six fuel City of Harrisonburg Page 3 Printed on 1/25/2022 City Council Meeting Minutes - Final December 14, 2021 pumps, new sidewalk, see through ability from Mason Street to the store, availability of hot and fresh foods, and the benefits to the neighborhood. She stated six fuel stations is the minimum they will be able to compromise down to. Council Member Jones asked if the safety enhancements and improvements are not important enough to 7-11 that they could financially and feasibly move forward unless six pumps were allowed. Ms. Schweller stated the security and safety enhancements have already been done (lights, cameras, clearing of brush and new fencing), but the minimum of six fuel pumps is to be able to generate enough funding to make the total demolishing and reconstruction of the 7-11 possible. Council Member Hirschmann asked if the vote from Planning Commission based on the minimum of eight fuel dispensers and if less would have made a different in their decision. Mr. Fletcher stated it was based on eight fuel dispensers and not sure if less would have changed the outcome. Council Member Dent stated Mr. Finnegan of the Planning Commission asked the question of less pumps, staff recommended no more than four fuel dispensers, and Ms. Schweller stated they could compromise to six fuel dispensers. Mr. Fletcher stated this item is determine the criteria for all fuel stations within the B -1 district, not site specific. Vice Mayor Romero stated this item was reviewed by Planning Commission over a year ago, we have different members on the Planning Commission now and wonders if their decision would still be the same. Further discussion took place regarding the Planning Commission minutes, how 7-11 has been involved in the community to hear the requests and concerns since the initial meeting with Planning Commission, the financial feasibility of a minimum of six fuel dispensers, the enhancement of the goods and services to the neighborhood and the Electric Car Chargers that will be part of this project. John Masterpolo, marketing director for 7-11, stated he sees store development a lot and sees the impact on communities of the services that are provided in the new updated stores, this one will be the first to receive the electric charging stations and is excited to see the impact this could have on the community, the city and the franchise owner if approved. Panayotis “Poti” Giannakouros, stated it is a sad comment where our city has arrived that there seems to be resignation to having this as a direction of economic development on that particular corner. He stated there is a lot of history to that corner, now city Council sits with $23M trying to think of what to do with it but are unable to come up with a better vision than a fueling station. He stated lights do not keep down City of Harrisonburg Page 4 Printed on 1/25/2022 City Council Meeting Minutes - Final December 14, 2021 crime, many of those branded as criminals are no different than us. He hopes Council votes no on this item as does impact the entire downtown and agrees with staff recommendations. At 8:03 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Vice Mayor Romero stated the Planning Commission with the new members has not had a chance to see the amended request, are the recommendations being provided tonight by staff based on the original request or the amended request. Mr. Fletcher stated the staff’s recommendation hasn’t changed. Council Member Hirschmann wonders if this will bring other requests and is that something we want. Council Member Jones stated he agrees with Council Member Hirschmann and stated he would like to see this for this particular location but not necessarily anywhere else in this area. He stated he would prefer four fuel dispensers as a maximum and is concerned about other requests coming forward to Council. Further discussion took place regarding the ordinance amendments and the impact it may have in the city. Mayor Reed stated this is the first request in which the community was engaged with the applicant and the Electric Charging Stations is a huge benefit. Council Member Dent stated that is the most exciting piece of this request, she would like to see one day where Council puts a ban on any future fossil infrastructure, but this is not that day, and the compromise is ok if this neighborhood needs a fuel station. She stated these will be fast chargers that will put the city on the map, and she thinks it’s a great that the northeast neighborhood could lead with the futuristic transition from fossil fuels to electric vehicles. Vice Mayor Romero stated part of the reason he voted no as part of Planning Commission is because there was little engagement with the neighborhood at that time. He stated now it looks as though the neighborhood supports the project and we should perhaps respect not only staff’s recommendations but also the communities and feels this item should go through. Council Member Jones stated he is conflicted on what impact this will have later, he is for this particular location and project, but the concerns of amending the ordinance open up the possibility for future gas stations in this area. Chris Brown, city attorney, stated any future requests would be subject to the special use process and as long as Council articulates its reasons for either approval or denial of any of those requests it should be defendable. Further discussion took place regarding the expectations of Council on any future requests. Chris Brown, city attorney, asked if any additional discussion or amendments need to be made regarding the canopy over the fuel pumps. Mr. Fletcher stated it is up for discussion by Council. Ms. Schweller stated the plan that has been drafted shows a store about 46,050 square feet and a canopy of 4,000 square feet which cannot be City of Harrisonburg Page 5 Printed on 1/25/2022 City Council Meeting Minutes - Final December 14, 2021 reduced in size for the six fuel dispensers, therefore the 75% restriction of canopy cannot be reached. Mr. Fletcher reviewed the original requested amendments to the ordinance versus the amendments suggested by staff. Ms. Schweller stated at the current design the canopy would encompass approximately 86%. Further discussion took place regarding the canopy. Council Member Dent asked if Council was ok amending the ordinance so that it is very specific to this project. Council Member Jones stated he is ok in hopes that no one else will ask for this type of use. A motion was made by Vice Mayor Romero, seconded by Council Member Jones, to approve the request with the amendments to six fuel pumps and the footprint of the area encompassed by the canopy over the pumps may not exceed 86% of the size of the footprint of the principal structure. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 6.b. Consider a request from 7-Eleven, Inc. for a special use permit to allow for a vehicle fuel station at 380 North Mason Street. Council stated unless any new information will be presented for the special use permit request we can go right into public hearing. Adam Fletcher, director of Community Development, stated everything was talked about during the previous agenda item. At 8:29 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 Monday, November 26, 2021, and Monday, December 6, 2021. Lori Schweller, attorney with Williams Mullin, representing 7-11, reviewed the special conditions that were self-imposed by the applicant that will improve the location. Mr. Fletcher stated staff recommends to Council that these self-imposed conditions are part of Council’s approval if they chose. At 8:31 p.m., Mayor Reed closed the public hearing and the regular session reconvened. A motion was made by Council Member Jones, seconded by Council Member Dent, to approve the request with the self-imposed conditions and additional conditions by staff as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 6.c. Request from Devon Lane, LLC for a special use permit to allow multiple -family dwellings at 716 & 722 Foley Road City of Harrisonburg Page 6 Printed on 1/25/2022 City Council Meeting Minutes - Final December 14, 2021 Adam Fletcher, director of Community Development presented a special use permit request for property located at 716 and 722 Foley Road to allow the construction of multiple family dwellings of up to 12 units per building in the R-3 Medium Density Residential District. He reviewed the surrounding properties and land use, a sketch provided by the applicant, the current ordinance conditions, and noted the second condition would not be met by the applicant. He stated staff recommended approval however, with specific conditions and reviewed those conditions. He stated applicant requested condition #2 be amended and he reviewed the changes requested as amended by the applicant and then again staff. Council Member Dent stated the agreement on Planning Commission was that the applicant didn’t need to put a sidewalk for just the one lot since it wouldn’t be continuous along the street but should allow a future easement. She stated Commissioner Armstrong said cost should not be the reasoning for waving the requirement, it should be more of the logistics of the particular area. At 8:44 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 Monday, November 26, 2021, and Monday, December 6, 2021. Frank Gorden, applicant, stated the applicant’s interest in this project grew out of the recent housing study, and is intended to meet a stated need in this area, it reflects the Mayor’s interest in having some dispersal of places that are more affordable, and noted city is not getting an easement or dedication, street improvements or sidewalk, or gutter improvements from the adjoining property owner who recently obtained a special use permit. He stated this project is offering more than the adjoining property owner did and he is asking City Council to approve this with the additional conditions as previously stated. At 8:47 p.m., Mayor Reed closed the public hearing and the regular session reconvened. A motion was made by Council Member Dent, seconded by Council Member Hirschmann, to approve the request with the conditions as proposed and amended by staff. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 6.d. Request from Harrisonburg Ford Property, LC for a special use permit to allow reducing required parking areas at 3091 South Main Street Adam Fletcher, director of Community Development, presented a special use permit request for property located at 3091 South Main Street to allow reduced required parking area. He reviewed the parcel, land use, and surrounding properties. City of Harrisonburg Page 7 Printed on 1/25/2022 City Council Meeting Minutes - Final December 14, 2021 He stated staff and Planning Commission (7-0) recommend approval of the request with the following condition: • The special use permit shall be applicable only to a use that is substantially the same as the operation of a Tractor Supply Co. At 8:51 p.m., Mayor Reed closed the regular session and called the fourth public hearing to order. A notice appeared in the Daily News-Record on Monday, November 26, 2021, and Monday, December 6, 2021. Seth Roderick, Monteverde Engineering and Design Studio, representative for the applicant, stated the reason this request is being done is because the zoning ordinance is limited in the number of qualified categories for parking requirements in retail. At 8:48 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Council Member Dent stated Planning Commission rarely endorses reduced parking minimums, but the owner requires a much smaller amount which will help reduce the amount of asphalt and parking. A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to approve the request with the conditions as proposed and amended by staff. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 6.e. Consider adopting a resolution on the disposition of the old Park View Water Tank lot to Michael and Jennifer Stoltzfus and Randy Lilly and Alice Lilly Springston for a purchase price of $5,000.00. Chris Brown, city attorney, presented a resolution for the disposition of an old Park View water tank lot, for the purchase price of $5,000. He stated the lot is 5, 300 square feet, it has not road frontage, it is non-conforming for dwellings, and the only practical use would be for the two adjoining neighbors. He stated this will get it off the city for maintenance and back on the tax rolls. At 8:51 p.m., Mayor Reed closed the regular session and called the fifth public hearing to order. A notice appeared in the Daily News-Record on Tuesday, November 30, 2021, and December 7, 202. There being no one desiring to be heard, Mayor Reed closed the public hearing at 8:56 p.m., and the regular session reconvened. A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to adopt the resolution as presented. The motion carried with a recorded vote as follows: City of Harrisonburg Page 8 Printed on 1/25/2022 City Council Meeting Minutes - Final December 14, 2021 Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 6.f. Amendment to the 2020 CDBG Action Plan Ande Banks, deputy city manager, presented the amendments to the Community Development Block Grant (CDBG) 2020 Action Plan and reviewed the amendments. He reviewed the Public Comment period schedule and contact information. At 9:00 p.m., Mayor Reed closed the regular session and called the sixth public hearing to order. A notice appeared in the Daily News-Record on Tuesday, December 7, 2021. There being no one desiring to be heard, Mayor Reed closed the public hearing at 9:00 p.m., and the regular session reconvened. No action required This Public Hearing - No Action was received and filed. 7. Regular Items 7.a. Presentation of the City’s Fiscal Year 2021 Annual Comprehensive Financial Report (ACFR) Hunter Simmons, Brown Edwards and Company, thanked Council and management for the opportunity to serve the city and complimented the city and city schools finance staff for their cooperation in working and preparing for the audit. He reviewed the audit opinion and noted that an unmodified opinion was issued which is the best opinion that can be received. This Presentation was received and filed. 7.b. Presentation of Harrisonburg Downtown 2040 Master Plan Brian Shull, director of Economic Development, stated it was his privilege to serve as project manager on the first ever Downtown Master Plan project, it is needed and welcomed. He stated Interface Studio, Monteverde Engineering, Merritt Chase, and Ninigret Partners were the consultants hired to do the project. Mindy Watts, Interface Studio, stated they started working on this project for almost a year, worked very closely with the client group, representatives of the city, Harrisonburg Downtown Renaissance (HDR), and a wonderful steering committee. She reviewed the timeline of events and meetings, the processes, the information gathered, the impact of COVID-19, parking needs, the action steps, and recommendations for existing spaces. City of Harrisonburg Page 9 Printed on 1/25/2022 City Council Meeting Minutes - Final December 14, 2021 Scott Page, Interface Studios, reviewed new spaces that could be used for events, trails, and green spaces. He reviewed redesigning of certain streets, showcasing downtown’s history and identity, the continuation of diversifying downtown business ecosystem, and growing downtown as a neighborhood. He reviewed how to make this plan happen, tools to use, and how to assemble the people power needed to focus on plan implementation. Council Member Jones thanked Ms. Watts and Mr. Page for the presentation. He asked if they have any ideas on how to attack the two-thirds vacancy rate downtown as opportunity zones or places with incentives are not downtown, and there is such a judicial and governmental presence downtown that can either attract or detract from investing in downtown. He stated we can’t negate the fact that there are no basic retail functions downtown such as dry cleaner, shoe-shining, etc. as well as lack of higher end retail. Mr. Shull stated we have learned a lot through COVID-19 that retail is not going to be the answer for every spot downtown, so filling some of those vacancies with services is a great opportunity for us. He stated some of the incentives programs over the years have dictated that retail must be on the ground floor, and we need to rethink that and just find other ways to incentivize other services . He stated maker spaces has been discussed, places that could draw tourism. Ms. Watts stated part of the solution would be to figure out what goes into a space and the design of the space and surrounding areas. Mr. Page stated it is all about experiences and creative programming. He stated that will help generate more customers downtown and change the dynamics. Council Member Jones stated it frightens him to see the infrastructure changes but not adding retail or services to justify the infrastructure changes. He stated the city sees itself as multi -cultural but the two groups of people that have been here the longest are the most segregated. He asked what does it look like to truly invite people downtown and do a better job of incorporating the invitation to a more diverse group of people. Ms. Watts stated the legacy of urban renewal comes up again and again, this area used to be the downtown of the northeast neighborhood, relationship building is needed, bringing in more programming and access to downtown are all important. Mr. Page stated its about representation and opportunity and provided samples of opportunities. Vice Mayor Romero stated he is downtown every day and stated you would never know how diverse we are as a community by our downtown. He stated we have a great opportunity to bring people downtown, people like to come to the center of a city, but we lack spaces where people can socialize and reasons for people to come down. Mayor Reed stated the programming pieces are a big part and something we could be doing now. She stated she noticed in the presentation the Juneteenth celebration that drew a lot of people of color, and we need more of that. She stated we do have annual festivals under normal circumstances, and we must be intentional in inclusive programming. City of Harrisonburg Page 10 Printed on 1/25/2022 City Council Meeting Minutes - Final December 14, 2021 Council Member Jones thanked everyone involved in this project and the community engagement that was obtained. He stated there are pieces in this project we definitely need to do but other that may not fit the city because of how unique it is. He spoke on the Juneteenth celebration, how many people were there from hours away, how well the Public Works and Police Department stepped up so nicely, and how it was a business owner that started the event. He stated these are the types of events we need more of. This Report was received and filed. 7.c. Presentation of proposed Fire Station #5 Matthew Tobia, Chief of Harrisonburg Fire Department, reviewed the history of the growth of the Fire Department since 1970, statistics of how seconds matter in a life-threatening emergency, fire, and response statistics, and NFPA Standards. He reviewed the proposed Fire Station #5 and how it will benefit the community and the city. He stated how the American Rescue Act Plan funds can be used for this project. Mayor Reed stated she was on the fence about using funds to build the new fire station as Fire Station #4 needs to be upgraded, but after seeing the presentation and the need for it she is in support of this project. Council Member Jones stated he has been in support of a Fire Station #5 for quite a few years, some of the most vulnerable population of the city will benefit from this new fire station. He stated this is a once in a generation project and hopes to be able to see the upgrade to station # 4 not too far off in the distance. Council Member Hirschmann stated he is in support of this project. Vice Mayor Romero stated the presentation really resonated with him, and how it will complement what the city already does. He stated now we have the opportunity to make this happen, but we do need to keep in mind the ongoing expenses of staffing and equipment moving forward. Mayor Reed asked Chief Tobia if he has an idea of where to place the new fire house and how to get it started. Chief Tobia stated we envision one fire engine, staffed with Firefighter EMTs and Paramedics and would apply for Federal Safer Grant funding to defray the personnel costs for three years, which would allow city leaders to plan for budgeting the expenses of the personnel in three years. Council Member Dent stated she was wondering about the additional costs for staffing and ongoing services as well. She stated what was most convincing of the need for this project to her was the increase in service and decrease in response time especially in the underserved neighborhoods and elderly populations and the boost in our ISO rating which could make us more competitive as a city overall. City of Harrisonburg Page 11 Printed on 1/25/2022 City Council Meeting Minutes - Final December 14, 2021 Mayor Reed stated the fact that some of the building at VMRC don’t have sprinkler systems, really hit home the need for this project. Further discussion took place on the new fire station project, the meaning behind it, and the benefit it will provide to the city. A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to approve to move forward with the building and operation of the proposed Fire Station #5 as presented with funding from ARPA funds. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 7.d. Consider adopting a resolution establishing procedures for use of the construction management and design-build methods of construction contracting, to allow the City to use these methods of procurement. Chris Brown, city attorney, introduced Shane Smith, procurement manager and Nicole Robertson, procurement specialist, Finance Department to present the Design Build procedure resolution. Mr. Smith stated this resolution is in regard the use of design-build procedures for procurement of construction projects. He stated Chapter 43.1 of the Code of Virginia requires agencies establish procedures for use of this procurement method which must be approved by the governing body. He stated it is a method of procurement that provides for a two-step process in which a design firm teams up with a construction contractor to work together and provide one bid for a construction contract. He stated this includes prequalification of bidders to ensure they are capable and experienced to perform the work and at the end of the bidding process the city has one contract to manager with a confident team to create one smooth construction process from start to finish. He reviewed the advantages of the design-build procedure. He thanked Council for their consideration of the resolution. A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to adopt the resolution as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 7.e. Consider amending and enacting Chapter 1 - General Building and Administrative Provisions Section 11-1-1(c) - Code Adopted, of the Harrisonburg City Code Chris Brown, city attorney, presented an ordinance amendment and noted there are a few nuances in the State Uniform Building Code where localities are allowed to make changes and one is the frost line depth. He reviewed what the reasoning behind this ordinance, the history of this ordinance, and the reasoning behind the requested decrease in frost line depth. He stated this information is scattered throughout our City of Harrisonburg Page 12 Printed on 1/25/2022 City Council Meeting Minutes - Final December 14, 2021 design construction manual and ordinances, so the building official tried to consolidate some of the climatic and geographic design criteria, and this ordinance amendment corrects that as well. A motion was made by Council Member Hirschmann, seconded by Council Member Dent, to approve the ordinance amendments and enactment as presented. The motion carried with a recorded vote as follows: 7.f. Consider adopting a resolution appointing Alexander “Ande” Banks, VI as Interim City Manager, effective January 1, 2022 Chris Brown, city attorney, presented the resolution appointing Alexander (Ande) Banks, IV, as the interim city manager for the city. A motion was made by Council Member Jones, seconded by Council Member Hirschmann, to adopt the resolution as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 8. Supplementals 8.a. Consider a supplemental appropriation in the amount of $627,491.43 Ande Banks, deputy city manager, presented a supplemental appropriation in the amount of $627,491.43 which is a culmination of 8 different revenue sources that the city has received. He reviewed the specific revenue sources. A motion was made by Council Member Hirschmann seconded by Vice Mayor Romero, to approve the supplemental appropriation as presented. The motion carried with a recorded vote as follows: Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 9. Other Matters 9.a. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) Panayotis “Poti” Giannakouros, stated he is an economist and has been at Council’s disposal from the time they were elected and remembers what the city was like during the transition. He stated he feels pessimistic, he feels an upsurge with a dying gasp . He spoke on Omicron, the next virtual Martin Luther King Jr. Way Coalition meeting, the segregated population of the city, the future of the city, the use of ARPA Funds, tall City of Harrisonburg Page 13 Printed on 1/25/2022 City Council Meeting Minutes - Final December 14, 2021 grass and weeds ordinance, and the health of our residents. James “Bucky” Berry, spoke on the current food drive, the need for food and heat, his son, and the need for a homeless shelter. 9.b. City Council and Staff Council Member Jones thanked Mr. Campbell for all his efforts and hard work, it has been a pleasure to see how he moved the staff so far forward and he was right about how the National League of Cities (NLC) would be a great organization for Council to participate in. Vice Mayor Romero thanked Mr. Campbell for all he has done. Council Member Hirschmann stated it has been a pleasure working with Mr . Campbell, he has learned a lot and appreciates the conversations had. He stated he wishes Mr. Campbell much success and fun in his future. Council Member Hirschmann extended wishes for a Merry Christmas and a Happy New Year. Mayor Reed stated she has had the pleasure going downtown to the Winter Wonder Fest, and she thinks everyone had a good time, there were lots of activities, and hopes this event continues annually. City Manager Campbell thanked Council for the resolution and recognition, thanked previous Council Members and thanked the over 800 city employees, it has been an honor to lead them in the capacity as city manager, he is confident the Executive Leadership Team is positioned to move the city forward during the transition and will do it in a professional and efficient way. He stated he is extremely optimistic about the future for the city and will be on the cutting edge of local government services. 10. Boards and Commissions 10.a. Parks and Recreation Advisory Committee A motion was made by Council Member Hirschmann, seconded by Council Member Dent to reappoint MuAwia Dames and appoint Leonard VanWyk to the Parks and Recreation Advisory Committee. The motion carried with a unanimous voice vote. 10.b. Board of Equalization A motion was made by Council Member Hirschmann, seconded by Council Member Jones to reappoint Rodney Eagle to the Board of Equalization. The motion carried with a unanimous voice vote. 11. Closed Session City of Harrisonburg Page 14 Printed on 1/25/2022 City Council Meeting Minutes - Final December 14, 2021 11.a. Closed meeting as authorized by the Virginia Freedom of Information Act, Virginia Code Section 2.2-3711(A), under: Subsection 1 for the discussion and update of the search process for a new City Manager. At 10:52 p.m., a motion was made by Vice Mayor Romero, seconded by Council Member Hirschmann to enter into a closed meeting as authorized by the Virginia Freedom of Information Act, Virginia Code Section 2.2-3711(A), under: Subsection 1 for the discussion and update of the search process for a new City Manager Yes: 5- Mayor Reed, Vice Mayor Romero, Council Member Jones, Council Member Hirschmann and Council Member Dent No: 0 12. Adjournment At 11:29 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 11:30 p.m., there being no further business and on motion adopted, the meeting was adjourned. ________________________ ________________________ CITY CLERK MAYOR City of Harrisonburg Page 15 Printed on 1/25/2022