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City Council

Regular Meeting

Harrisonburg, VA · March 24, 2015

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Minutes

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Mayor Christopher B. Jones Vice-Mayor Richard Baugh Council Member Ted Byrd Council Member Kai Degner Council Member Abe Shearer Tuesday, March 24, 2015 7:00 PM Council Chambers 1. Roll Call Present: 5- Mayor Christopher B. Jones, Vice-Mayor Richard Baugh, Council Member Ted Byrd, Council Member Kai Degner and Council Member Abe Shearer Also Present: 5- City Manager Kurt Hodgen, Assistant City Manager Anne Lewis, City Clerk Erica Kann, City Attorney Chris Brown and Police Chief Stephen Monticelli 2. Invocation Council Member Byrd offered the invocation. 3. Pledge of Allegiance Mayor Jones led the Pledge of Allegiance. Mayor Jones proclaimed April 1 -7, 2015 as Local Government Education Week. 4. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) Beth Schmoyer, 419 Neyland Drive, spoke about an Incarceration Reduction and Prevention Plan that was introduced during the last council meeting. Ms. Schmoyer stated the group was not present because of the Middle River Regional Jail agreement, but because it is more than just about jail beds. Ms. Schmoyer noted the march from Court Square and asked all those who were here to support this plan to stand. Ms. Schmoyer stated others will speak to why we want council to commit and show their leadership and support for the plan. Alison Eanes, 242 E. Water Street, passed the microphone onto several sixth and seventh grade students. The group of children shared experiences that they had within our community which included the following: they feel safe with those they have built relationships with; feel unsafe and unwelcome places where drugs and alcohol are present; those with negative experiences end up in in -school suspension (ISS); they want council to invest and build relationships now; and, suggested the $ 21.5M be spent on English classes for students' parents, supplying free childcare, more parks, afterschool programs with transportation, widening of roads and sidewalks in neighborhoods with children, trauma center, dog parks, making sure people are paid enough, help those with mental health issues, advertise the Farmer ’s Market takes City of Harrisonburg Page 1 Printed on 4/15/2015 City Council Meeting Minutes - Final March 24, 2015 food stamps, more bike lanes and crosswalks and more organizations such as the Northeast Neighborhood Association. The students invited council to build relationships with them by coming into their schools. Alma Quinoes, Youth Council & Explorers Program, stated this impacts her and she wants to be a part of enforcement within Harrisonburg. Ms. Quinoes stated she has a brother in jail that she believes shouldn’t be there and she has done more positive things with her life because of it. Ms. Quinoes agreed with the students of where the money should be spent. Ms. Quinoes stated we need things in the community to help prevent people going to jail. Delmar Zehr, 820 College Avenue, stated on March 19, 2015 city and county officials unveiled a plan to allegedly implement restorative justice policies. Mr. Zehr provided his understanding of restorative justice and stated the Commonwealth Attorney, Sheriff and Chief of Police were all on the Community Criminal Justice Board (CCJB) which all voted in favor of the initial jail expansion. Mr. Zehr suggested thinking of them as offenders, reducing their salaries to a level of a single mother on welfare pay and living in Section 8 housing to have them understand why these mothers’ children turn to crime. Johann Zimmerman, 1293 Greystone Street, stated he is an engineer and earns his living by building buildings. Mr. Zimmerman stated he knows building jails is profit for companies building and those running the jails. Mr. Zimmerman stated he has announced the idea that profits should be made by incarcerating people that don ’t need to be incarcerated and the voice that calls for profits are seductive. Mr. Zimmerman stated the $21.5M should be used wisely and not for those business profits and to listen to the ideas being presented by others. James "Bucky" Berry, 30 West Washington Street, stated hunger is tied into the jail issue and feels that some do desperate things to feed their families. Mr. Berry invited everyone to a summit on hunger and homelessness that will be held Saturday, March 28, 2015 from 10:30 a.m. to 3:30 p.m. at the Simms Center. Ryan Slocum, 263 Fairway Drive, stated he went to local schools and hip hop saved his life. Mr. Slocum wants to be part of the change and stated he could empathize and relate to people that have lived an unfair life. Mr. Slocum suggested working together to make a bigger impact. Jodi Yetis, 1250 Devon Lane, stated one thing to recognize is the stories of people . Ms. Yetis stated even if this is passed, there will be bigger problems within the community. Ms. Yetis asked what does the next five to 10 years look like with supporting the community and helping hold the dignity of many people within the community and what is being said about people’s stories and their lives. Ms. Yetis stated she believes in restorative justice, but questions how we are promoting it when there is a system promoting injustice. Ms. Yetis stated it will become an economic burden, because unless we address the deeper issues in the community, crime will continue to happen. City of Harrisonburg Page 2 Printed on 4/15/2015 City Council Meeting Minutes - Final March 24, 2015 Hugo Rodriguez, 124 New York Ave, provided a story about a relative that was in jail and how the family was affected. Anna Lise Jensen, guest at 854 Old Furnace Road, stated she grew up with a relative that went to jail multiple times and because of the resources in the society he is now a social worker running a form of prison in Denmark that has been proven to be cost effective. Ms. Jensen invited council to go and research this facility and see the different ways of going about incarceration. Ms. Jensen stated as a part of her residency, she spoke to university students about a program she started there. Ms. Jensen stated this particular city is approximately 60,000 people and again extended the invitation. Ms. Jensen stated she has enjoyed her stay and thanked council for the opportunity to speak. Jordyn McHone, 1920 Ty-Way Crossing, provided a story about her father that was placed in jail and was able to get into a work release program and they are hoping that he will get out early. Ricardo Cortes, 343 W. Bruce Street, asked why we aren’t making at two year deal instead of a 10 year deal and he supports the plan that has been introduced. Dr. Panayotis Giannakouros, 98 Emory Street, stated through Judge Paul the City of Harrisonburg has a standing invitation to a city in Finland to see what happens within a community that the needs of people are taken care of without reference to the criminal justice system. Mr. Giannakouros also invited all to stay for the first public hearing. Josh Diamond, 481 Green Street, stated the group desires to move beyond jails and what that means. Mr. Diamond stated it is this group coming together to create the future we want. Mr. Diamond stated creating this plan brings us closer to that future and continues the transformative process that began a year ago. Mr. Diamond stated the solution has to challenge the system that profits from warehousing humans. April Mendoza, 76 Rex Road, provided a story about her family and their struggles and that she would like to see the $21.5M used elsewhere. Joel Johnson, 367 Franklin Street, stated he felt something needs to be done dealing with homelessness and hunger because he felt some people go to jail so they can get food and shelter. Valerie Serrels, 1341 Mount Clinton Pike, stated she supports the Incarceration Reduction and Prevention Plan. Ms. Serrels stated America has the highest incarceration rate in the developed world and provided some statistics. Ms. Serrels noted there are alternatives that have been experimented with across the US, noting Austin, Texas, that hold offenders accountable without prison or jail. Ms. Serrels stated she believes in Harrisonburg and we have the people and leadership power to become a model of a just and humane system if we just invest in people as human City of Harrisonburg Page 3 Printed on 4/15/2015 City Council Meeting Minutes - Final March 24, 2015 beings. Noel Lavan, 156 Maryland Avenue, stated he loves living here but it is difficult to thrive if some people live in fear about breaking probation and be incarcerated. Mr. Lavan stated the group is standing with and behind council to make good decisions so more of the community can thrive and there is less desperation. Mr. Lavan pointed out that one out of eight individuals don’t know where their next meal is coming from. Mr. Lavan suggested to council that it must be their priority to come up with a plan to address these issues. Faith Tindey, 3586 Horizons Way, stated he grew up in a family with both parents that worked two jobs making it difficult to parent. Mr. Tindey stated there is a correlation between low-income families and crime. Mr. Tindey provided statistics and stated it isn’t a surprise that we need an expansion of our jail, but feels the money could be used in a better way and for creating jobs. Daisy Franco, 107 North High Street, shared a story about her family and how her grades and attitude were affected when one or both parents were in jail. Ms. Franco feels that the community should listen to these stories. Stan Maclin, 117 North High, stated tonight is one of the wonderful displays of why he loves this city. Mr. Maclin stated he sees the work that council does, but as council looks at the next generation speaking from the heart we should never have police retaliations. Mr. Maclin stated we have a police department speaking about restorative justice programs and thanked council for what council has done. Kristy Vansickle, 419 Neyland Drive, stated she has the privilege to work with young students where she gets to hear about passion and struggles. Ms. Vansickle stated one thing tends to come up in conversation that unites most of her students is the common denominator that they know someone in jail. Ms. Vansickle stated as we work towards a Reduction and Prevention Plan, keep the children at the forefront. Rick Nagel, Director of Government Affairs at Nexus Services, requested council to publicly recognize Nexus Services, Inc. for its contribution to the community in the form of a scholarship and a grant. Mr. Nagel stated the Board of Directors of Nexus Services Inc. has appropriated $55,000 per year for a period of three years, for a total of $165,000, for the purpose of establishing and funding a full time bilingual mental health professional. Mr. Nagel stated that Nexus Services, Inc., in partnership with their affiliate company Libre by Nexus Inc., will award three scholarships which will be offered for graduating seniors in the 2015 school year from Harrisonburg City and Rockingham County schools and described the three scholarships. Mr. Nagel stated the scholarship winners will be chosen based on a required essay and the deadline for applications is April 1, 2015, with the winners announced by April 15, 2015. Mayor Jones commended Mr. Nagel and Nexus Services for the work they are doing and a great way to give back to the community. City of Harrisonburg Page 4 Printed on 4/15/2015 City Council Meeting Minutes - Final March 24, 2015 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 Byrd, seconded by Council Member Shearer, that the Consent Agenda be approved. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 5.a. Minutes These Minutes were approved on the Consent Agenda. 5.b. Consider a supplemental appropriation for the General Capital Projects Fund in the amount of $291,000 This Supplemental Appropriation was approved on second reading. 6. Public Hearings 6.a. Consider 2015-2016 Community Development Block Grant (CDBG) Action Plan Ande Banks, Director of Special Projects & Grant Management, stated the city has been notified by the US Department of Housing and Urban Development (HUD) that the city will receive $542,005 for the 2015-16 program year. Mr. Banks reminded council a work session was held for non-profits and organizations to help them understand and better their applications. Mr. Banks stated the CDBG Selection Committee has come up with recommendations for each category. Mr. Banks presented the first category, Housing & Property Improvements with the following receiving funding: Harrisonburg Redevelopment and Housing Authority (HRHA), Harrison Heights Renovation ($140,000) and Mercy House, Shelter Unit Bathroom Upgrade ($10,330). Mr. Banks presented the second category, Community and Public Facilities with the following receiving funding: West Mosby Sidewalks Phase 2 ($77,000) and Price Rotary Senior Center Renovation ($143,740.30). Mr. Banks presented the third category, Administration to receive $108,401. Mr. Banks presented the fourth category, Public Services with the following receiving funding : Shenandoah Valley Workforce Investment Board: Pathway to Employment ($13,691.24); JMU IIHHS: Suitcase Clinic ($24,552.36); VPAS: Meals on Wheels ($15,500.00); Open Doors: Emergency Shelter ($4,040.10); and, The Arc ($4,750.00). Mr. Banks noted two applications that didn’t receive funding which were the following: Our Community Place: Facility Improvement, which was for equipment to expand their kitchen related to a program that hasn’t been implemented. Staff has suggested the organization keep in contact for future funding possibilities. The other application that did not receive funding was the Boys and Girls Club: HEART, which was a soccer program and the CDBG Selection Committee thought it was a little redundant with the programs already in place within the community and noted those that can ’t afford could apply for scholarships. It was also noted the applicant did not work with city City of Harrisonburg Page 5 Printed on 4/15/2015 City Council Meeting Minutes - Final March 24, 2015 staff during the application period. Mr. Banks reviewed the schedule for the 2015-16 which included the following: public comment ends on April 24, 2015; council considers final approval on May 12, 2015; and, the Action Plan is due to HUD on May 15, 2015. At 8:10 p.m., Mayor Jones closed the regular session and called the first public hearing to order. A notice appeared in the Daily News-Record on Monday, March 16, 2015. Dr. Panayotis "Poti" Giannakouros, 98 Emory Street, noted that the list of demands presented during public comment directly speak to CDBG. Mr. Giannakouros feels more work needs to take place so the community is aware of what resources are available to achieving our end. Mr. Giannakouros stated he was glad to see Karen Thomas, President of the Northeast Neighborhood Association (NENA), present tonight and he stated he was honored to help shepherd the paperwork for their application that would help gentlemen coming home from incarceration. Mr. Giannakouros presented an incarceration graph and he felt that it is a result of efforts related to the CDBG that wasn't funded. Mr. Giannakouros stated he is not the only one that recognizes this as the Commonwealth Attorney has recognized NENA's efforts. Mr. Giannakouros stated CDBG can be traced back to the time of Martin Luther King, Jr. Mr. Giannakouros stated with the misinformation regarding federal budgets, it has kept our representatives at the federal level from funding these efforts . Mr. Giannakouros noted some documents that are must reads that could be found on his website at http://buildingbettercommunities.org/. Mr. Giannakouros suggested instead of looking at entities that have good grant writing skills look at those who have good ideas. Mr. Giannakouros suggested valuable items to pick for CDBG which included easing the tax burden on homeowners. Mr. Giannakouros asked for additional information regarding data for median income for the Hispanic population and requested quarterly reports for all CDBG funding that has been awarded since 2006. Beth Bland, Director of Senior Services Valley Program for Aging Services (VPAS), stated VPAS provides services for adults who are 60 years and older to help support independent living and healthy aging. Ms. Bland stated one of the best known programs is Meals on Wheels and within Harrisonburg 11,313 meals were served last year. Ms. Bland stated the recommended funds for Meals on Wheels will help respond to the growing need within the community. Ms. Bland thanked council for their continued support. Stan Maclin, Vice-President of NENA, stated he had concerns regarding an application that was denied last year for a fence around Newtown Cemetery and when reviewing cost-of-living allowance (COLA) regulations, page 45, he noted that CDBG funds may be used for historic properties. Mr. Maclin stated those applicants got discouraged and didn't even apply this year and questioned why year after year the same organizations receive funds and no new applications are submitted. Ryan Slocum, 263 Fairway Drive, asked where he could find this application. Mayor City of Harrisonburg Page 6 Printed on 4/15/2015 City Council Meeting Minutes - Final March 24, 2015 Jones explained the process and suggested him to contact Ande Banks. Josh Roberts, Madison Manor, spoke in regards to the denial of the Boys and Girls Club application. Mr. Roberts stated that low-income families often have trouble with transportation and noted the Boys and Girls Club are located around low -income housing. At 8:25 p.m., Mayor Jones closed the public hearing and the regular session reconvened. 6.b. Consider amending and re-enacting Title 5, Chapter 2 of the Harrisonburg City Code, Fire Protection and Prevention Larry Shifflett, Fire Chief, stated the request before council comes from the Fire Department in response to an increase of mulch fires and as a solution to reduce mulch fires. Chief Shifflett introduced Deputy Fire Marshal Captain Mike Armstrong. Captain Armstrong reported between January 1, 2008 and December 31, 2014, the Fire Department had responded to 211 fires originating in mulch, with 78% of those taking place between the months of April and September. Captain Armstrong noted that 16 of these fires damaged structures and cost over $1M in damages. Captain Armstrong stated the proposed ordinance falls in line with both the city's and department's mission. Captain Armstrong reviewed the following fires that the fire originated in the mulch landscaping: 131 Chestnut Ridge Drive (April 10, 2014); 221 University Boulevard (April 23, 2014); 3163 Bethany Court (Mary 5, 2014); and, The Commons (November 2001). Captain Armstrong stated the proposed ordinance states combustible landscape cover material (mulch) shall not be placed within 18 inches of building with combustible siding, including, but not limited to vinyl siding, wood siding, or Masonite. The 18 inch space between the edge of the mulch and the structure shall be filled with a non-combustible material such as stone or gravel. Captain Armstrong noted the proposed ordinance doesn't apply to single family homes, unless the structure is being utilized as a child care facility or adult care facility. Captain Armstrong also noted that this does not apply to any building which has a non-combustible foundation which rises at least six feet above the mulch . Captain Armstrong reviewed the Risk Reduction Plan which included the following : education; engineering; enforcement; economic impact; and, emergency response. Council Member Byrd asked about the Beacon Hill townhomes. Captain Armstrong noted those don't fall under these classifications unless the homeowners association wants to address it. Captain Armstrong noted the properties being discussed are the properties that are connected with lot lines going through the structures. Council Member Byrd asked if apartment complex owners have been contacted. Captain Armstrong stated the department has been in discussions with them over the years, but not specifically about the proposed ordinance. Captain Armstrong noted that property owners don't have to be in compliance until July 2016 and the department will work with owners to educate them prior to that date. Captain Armstrong stated these types of ordinances are more common in southern states dealing with pine straw . Mayor Jones would like notification be given to those affected. Captain Armstrong City of Harrisonburg Page 7 Printed on 4/15/2015 City Council Meeting Minutes - Final March 24, 2015 noted improper disposal of cigarettes is the leading cause of mulch fires. At 8:40 p.m., Mayor Jones closed the regular session and called the second public hearing to order. A notice appeared in the Daily News-Record on Saturday, March 21, 2015. There being no one desiring to be heard, Mayor Jones closed the public hearing at 8:41 p.m., and the regular session reconvened. The following discussion took place: understand the importance of the ordinance; want enough notice given; point one is education in the Risk Reduction Plan; compliance date is July 2016; contact landscapers to help outreach to those affected; safety of our own firefighters; smoke detectors are inside buildings, so they don't notify residence of fires outside or in attics; and, dispose cigarettes properly. It was noted that the Fire Department's staff just won social media awards for their ability and excellence in getting press releases and ideas out into our community in a timely manner, which should further our confidence of them educating the public on this matter. A motion was made by Council Member Byrd, seconded by Council Member Degner to approve the ordinance as presented on first reading. Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 At 8:47, Mayor Jones called for a recess. At 8:51, the regular session reconvened. 7. Regular Items 7.a. Consider a resolution for the reimbursement of certain expenditures made by the City of Harrisonburg or Harrisonburg School Board from debt proceeds associated with school construction projects City Manager Hodgen stated this is a typical bond we do in advance for anticipated bond issuances so we can make sure we are able to reimburse ourselves for project related costs that are incurred prior to bond issuance. City Manager Hodgen noted that this resolution does not commit the city to issuing debt for this project or in the amount within the resolution and we are not increasing the amount of the construction cost. City Manager Hodgen stated staff recommends approval of the resolution. A motion was made by Vice-Mayor Baugh, seconded by Council Member Degner, that this resolution be approved. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer City of Harrisonburg Page 8 Printed on 4/15/2015 City Council Meeting Minutes - Final March 24, 2015 No: 0 7.b. Consider request from Social BBQ for a license to locate an outdoor bbq smoker on city-owned property City Attorney Brown stated this request is from Raphael Rogers, who is working to open Social BBQ, a new restaurant located at 14 East Water Street. This request is to utilize space on a portion of a city-owned parking lot for an outdoor smoker that will be used in conjunction with his restaurant. City Attorney Brown stated there is not precedence for this type of request so the applicant filled out the outdoor dining license application. City Attorney Brown noted the applicant has worked closely with the Fire Department and the applicant submitted two parking lot layout options. City Attorney Brown stated it is suggested to remove the scooter and motorcycle parking to ensure handicap parking remains. City Attorney Brown stated if approved staff recommends the following: option 2; fire extinguisher shall be present when the smoker is in operation, dry powder, 10 pound minimum; the wood storage container/structure shall be located no less than five feet from the restaurant building at 14 East Water Street and shall not have openings on the side of the container that faces the building exceeding 10 percent the size of that side of the container; the ash storage container/structure shall be made of non-combustible material; the cement barricades shall be connected; the applicant shall be responsible for remarking the parking lot as is specified by Downtown Parking Services; and, the applicant shall coordinate with the Department of Public Works to appropriately discharge any generated stormwater per the city’s adopted Stormwater Management Ordinance. City Attorney Brown noted that the smoker is an insulated smoker so when it is in use, it won’t burn someone if someone approaches it; the police and fire departments would like to see more substantial boundary around the equipment; and, during hours of operation, the smoker would be manned. City Attorney Brown stated if approved, regulations would be similar to the outdoor dining license. Mr. Rodgers provided background of how the business came to be and about his plans for the new restaurant. Mr. Rodgers stated eventually he would like to work with city officials to enclose his structure. Mr. Rodgers stated he could finish up with the smoker at 6:00 p.m. and the smoker would be cooled off by the close of business. Mr. Rodgers stated signs will be posted around the area because safety is important. Mr. Rodgers also stated ashes will be put into a 55 drum and he has been working with a local farmer that is interested in those ashes. Mayor Jones asked if Mr. Rodgers planned to move the smoker back and forth each day and his inclement weather plans. Mr. Rodgers stated moving it back and forth is an option, but he would like to leave it at the location. Mr. Rodgers stated inclement weather isn't an issue for the smoker, just the person manning the smoker, so an awning has been discussed. Mr. Rodgers stated a combination oven so indoor smoking can take place is also being worked on. Vice-Mayor Baugh noted that this is a license, so if issues do occur they can be addressed. Mr. Rodgers stated the restaurant will open April 21, 2015 with a soft opening beginning April 14, 2015. City of Harrisonburg Page 9 Printed on 4/15/2015 City Council Meeting Minutes - Final March 24, 2015 A motion was made by Vice-Mayor Baugh, seconded by Council Member Shearer, to approve option b and a license be issued for Social BBQ to place their smoker to be located on city property. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 8. New Special Event Application Requests 8.a. Consider the Costume Bike Parade for a special event request Katie Yount, Harrisonburg Downtown Renaissance Events Director, stated the Costume Bike Parade will be held on Friday, May 1, 2015, in downtown Harrisonburg to celebrate the start of bike month. Ms. Yount stated this is the third year for the event, but the first time coming before council for approval. Ms. Yount stated all city departments have approved pending approval from the Purchasing Department until the receipt of insurance documents. A motion was made by Council Member Shearer, seconded by Council Member Degner, to approve the Costume Bike Parade special event request application. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 9. Special Event Application Requests 9.a. Consider Fundfest 2015 for a special event request Ms. Yount stated Fundfest 2015 will be held on the following dates: Wednesday, May 13 and 27, June 10 and 24, July 8 and 22 and August 5 and 19 at the Turner Pavilion. Ms. Yount stated all departments have approved this request. A motion was made by Council Member Degner, seconded by Council Member Shearer, that Fundfest 2015 be approved. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 10. Supplementals 10.a. Consider a supplemental appropriation for a VML Safety Grant in the amount of $4,000 City Manager Hodgen stated these funds are being reimbursed to the Public Transportation and the Parks and Recreation Department for the purchase of City of Harrisonburg Page 10 Printed on 4/15/2015 City Council Meeting Minutes - Final March 24, 2015 automated external defibrillator (AED) equipment. A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, that this Supplemental Appropriation be approved on first reading. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 10.b. Consider a supplemental appropriation for the Police Department in the amount of $47,316.58 City Manager Hodgen stated these funds are being reimbursed from the James Madison University (JMU) Police Department for overtime worked by Harrisonburg Police Department Officers at athletic and other JMU events. A motion was made by Vice-Mayor Baugh, seconded by Council Member Shearer, that this Supplemental Appropriation be approved. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 11. Other Matters City Manager Hodgen stated he had forwarded an e-mail from the School Board's Superintendent of action taken last night during their meeting requesting council to consider the following: amending the city code to provide for at -large elections of Harrisonburg City School Members just as already done with City Council elections; enacting such a change effective at whatever time council may find appropriate at-large elections will also reinforce that the School Board Members represent the interest of the entire city and would avoid the paradoxical situation of voters casting ballots for positions for which they can't serve because of east /west distinction. At-large elections would also avoid the misperception because of the 4-2 member split between east and west. City Manager Hodgen stated he responded to the Superintendent that he received the e-mail and that it was highly unlikely that council would take any action at tonight's meeting. Council Member Degner stated he felt it was fine taking it up at council with a public hearing. Council Member Degner noted that this is a separate and distinct issue than what is being discussed in the news with Mr. Fleming. City Attorney Brown stated the rezoning request application submitted by Northside, LLC and Joseph and Linda Moore to close a portion of a paper road for an unnamed grocery store on the north end of the city has withdrawn their application. It was noted that the first reading for both requests had been approved. Council Member Degner commended all involved with the press release related to the City of Harrisonburg Page 11 Printed on 4/15/2015 City Council Meeting Minutes - Final March 24, 2015 Restorative Justice Initiative, which conversations had begun before recent jail conversations and he supports the implementation moving forward. Council Member Degner invited all to attend a summit called Hope for Hunger and Homelessness in Harrisonburg from 10:30 a.m. until 3:30 p.m. at the Lucy Simms Center this Saturday. Mayor Jones thanked all those who spoke during public comment and believe there are alternative sentencings and that implementation is being worked on. Mayor Jones hopes the energy expended here tonight is expended to the proper board known as the Community Criminal Justice Board (CCJB). 12. Boards and Commissions 12.a. Stormwater Advisory Committee (SWAC) Council Member Byrd stated we have only been accepting applications for ten days and it is suggested by staff to delay making appointments to the board and encouraged citizens to apply. Council Member Byrd noted that the four applicants are qualified and SWAC encourages council to consider those with specialties because of the technical nature. Mayor Jones noted that he had asked for a one page summary of the changes due to the interesting feedback he had received from business owners and citizens. Mayor Jones noted that he was going to hand these out on Thursday during the Chamber of Commerce meeting and it was available online as well as the PowerPoint presentation. 13. Closed Session 13.a. Consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel Mayor Jones noted there would be no closed session tonight. 14. Adjournment At 9:27 p.m., there being no further business and on motion adopted, the meeting was adjourned. ______________________________ _____________________________ City Clerk Mayor City of Harrisonburg Page 12 Printed on 4/15/2015

Agenda

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Agenda - Final-revised City Council Mayor Christopher B. Jones Vice-Mayor Richard Baugh Council Member Ted Byrd Council Member Kai Degner Council Member Abe Shearer Tuesday, March 24, 2015 7:00 PM Council Chambers 1. Roll Call 2. Invocation 3. Pledge of Allegiance 4. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) 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) 5.a. Minutes Attachments: Draft Meeting Minutes March 10, 2015 5.b. Consider a supplemental appropriation for the General Capital Projects Fund in the amount of $291,000 Review & This supplemental appropriation are funds that were recovered from Griffin Pipe for Recommendation: pipe repair during the Phase 3 construction of Stone Spring Road/Erickson Avenue . Attachments: Supplemental Appropriation 1310-31914 Legislative History 3/10/15 City Council approved on first reading 6. Public Hearings 6.a. Consider 2015-2016 Community Development Block Grant (CDBG) Action Plan Review & This is the second of two public hearings required by HUD to receive citizen comments Recommendation: on the CDBG Action Plan for the 2015-2016 Program Year. The entitlement amount will be $542,005.00. Staff will make a short presentation outlining the Action Plan (in particular the recommendations for funding), to be followed by a public hearing. The public hearing will be followed by a 30 day public comment period before council considers approval of the Action Plan/Funding Recommendations. There is no action needed on this item at this time. City of Harrisonburg Page 1 Printed on 3/24/2015 City Council Meeting Agenda - Final-revised March 24, 2015 Attachments: Proposed Funding For Council 2015-2016 TENTATIVE Schedule for 2015-2016 CDBG Grant Round Public Meeting #2 Action Plan 6.b. Consider amending and re-enacting Title 5, Chapter 2 of the Harrisonburg City Code, Fire Protection and Prevention Review & The purpose of this proposed ordinance is to provide a buffer zone between Recommendation: combustible landscaping mulch and combustible siding on certain types of buildings, most notably multiple family dwellings. Between January 1, 2008 and December 31, 2014, HFD responded to 211 calls for fires originating in combustible landscaping. Sixteen of those fires damaged structures. Nine of those fires involved multiple family dwellings. The fires resulted in over $1 million in damages. The proposed ordinance would not apply to single family dwellings unless used as child care or adult care facilities. Attachments: Title 5, Chapter 2 Ordinance Public Hearing Notice 7. Regular Items 7.a. Consider a resolution for the reimbursement of certain expenditures made by the City of Harrisonburg or Harrisonburg School Board from debt proceeds associated with school construction projects Review & This resolution is requested so that the city can be reimbursed from debt proceeds for Recommendation: certain expenditures incurred prior to the issuance of debt for the upcoming school construction project. The project includes a new elementary school and a pre-k facility. This resolution does not commit the city to issuing debt for this project or in the amount within the resolution. Attachments: Reimbursement Resolution 7.b. Consider request from Social BBQ for a license to locate an outdoor bbq smoker on city-owned property Review & This request is from Raphael Rogers, who is working to open Social BBQ, a new Recommendation: restaurant located at 14 East Water Street. This request is to utilize space on a portion of a city-owned parking lot for an outdoor smoker that will be used in conjunction with his restaurant. Please see attached for the application and comments. Attachments: Social BBQ Outdoor Smoker Location Request City Comments-Smoker Location Social BBQ Comments MS Illicit Discharge 8. New Special Event Application Requests 8.a. Consider the Costume Bike Parade for a special event request Review & The Costume Bike Parade will be held on Friday, May 1st in downtown Harrisonburg to Recommendation: celebrate the start of Bike Month. Parade will begin at 5:30pm and circle around Court Square both starting and ending at the Turner Pavilion and parking lot. This request is pending approval from the Purchasing Department until receiving insurance documents. City of Harrisonburg Page 2 Printed on 3/24/2015 City Council Meeting Agenda - Final-revised March 24, 2015 Attachments: Costume Bike Parade 5.1.15 Costume Bike Parade 5.1.15 Route 9. Special Event Application Requests 9.a. Consider Fundfest 2015 for a special event request Review & Fundfest 2015 will be held Wednesday May 13 & 27, June 10 & 24, July 8 & 22, and Recommendation: August 5 & 19 at the Turner Pavilion. Attachments: Fundfest 2015 Department Notes 10. Supplementals 10.a. Consider a supplemental appropriation for a VML Safety Grant in the amount of $4,000 Review & The city received $4,000 from VML's Safety Grant program. The Public Transportation Recommendation: and Parks & Recreation departments used the grant to help fund the purchase of automated external defibrillator (AED) equipment. Attachments: Supplemental Appropriation (VML Safety Grant) 10.b. Consider a supplemental appropriation for the Police Department in the amount of $47,316.58 Review & These funds were reimbursed from the JMU Police Department for overtime worked by Recommendation: HPD Officers at athletic and other JMU events. These funds would be transferred from JMU Overtime Reimbursement into Police Operatoins Salaries/Wages OT (Project Code JMUOT) Attachments: Supplemental Appropriation (JMU OT) JMUAdvice 8-12 2014 11. Other Matters 12. Boards and Commissions 12.a. Stormwater Advisory Committee (SWAC) Review & The terms of the appointed members will typically be for 3 years in a staggered in a Recommendation: 2-2-1 format. However, since this appointment will be for all five (5) members at the same time, City Council will appoint two people to serve for three (3) years, two people to serve to two (2) years, and one person to serve for one (1) year. There is no limit to the number of times a member can apply for reappointment after their term has expired. Attachments: Dale Chestnut - Reappointment Application Eldon Kurtz - Reappointment Application Daniel Michael - Rappointment Application Christopher Mueller - Application 13. Closed Session City of Harrisonburg Page 3 Printed on 3/24/2015 City Council Meeting Agenda - Final-revised March 24, 2015 13.a. Consultation with legal counsel regarding specific legal matters requiring the provision of legal advice by such counsel 14. Adjournment City of Harrisonburg Page 4 Printed on 3/24/2015

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