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City Council

Regular Meeting

Harrisonburg, VA · April 12, 2016

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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, April 12, 2016 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, Deputy City Manager Anne Lewis, City Clerk Erica Kann, City Attorney Chris Brown and Police Chief Stephen Monticelli 2. Invocation Vice-Mayor Baugh offered the invocation. 3. Pledge of Allegiance Mayor Jones led the Pledge of Allegiance. 4. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) James "Bucky" Berry, 30 West Washington Street, stated he was concerned that the city does not have a fifth fire station located in the Park View area due to limited manpower. Mr. Berry suggested to apply for a FEMA grant to cover firefighter salaries for two years like Augusta County did. Mr. Berry also stated Mike Houston, JMU football coach, will be helping with the Brent Berry Food Drive. Panayotis “Poti” Giannakourous, 98 Emory Street, stated he was concerned about the coal tar parking lot sealants used within the city, the city attorney has been working on to see if the city could implement a ban, and the city has recently been in communications with legislators’ about banning mulch. Mr. Giannakourous asked that the city update the residents about the plans to tap into the Shenandoah River. Mr. Giannakourous stated to find out more about his data citizens can visit BuildingBetterCommunities.org. 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) City Attorney Brown noted that during the previous meeting council approved a resolution allowing the School Board to execute a contract with Nielson Builders, Inc for the elementary school and there was a typographical error within the City of Harrisonburg Page 1 Printed on 4/27/2016 City Council Meeting Minutes - Final April 12, 2016 resolution and the amount should have been $25,910,767. Council Member Byrd offered a motion, seconded by Council Member Shearer to approve the Consent Agenda noting the change within the resolution. 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 Harrisonburg City School Board in the amount of $332,638.88 This Supplemental Appropriation was approved on second reading. 6. Public Hearings 6.a. Consider request for exemption from local personal property taxation for one city non-profit organization Vice-Mayor Baugh stated the following: The Virginia State and Local Government Conflict of Interests Act requires that I make disclosure, to be recorded in the city records, in any matter in which I am prohibited by law from participating. Therefore I make the following disclosure: the transaction involved is agenda item 6.a., a request for exemption from local personal property taxation for a city non -profit organization; my personal interest in this transaction relates to the ethical requirements to which I must adhere as a licensed member of the Virginia Bar; and, I affirmatively state that I will not vote or in any manner or act on behalf of City Council in this matter. Karen Rose, Commissioner of the Revenue, stated Anicira Veterinary Center received personal property tax exemption from City Council in 2008 and since then they have purchased an additional vehicle which they are seeking exemption on . Mrs. Rose noted they had paid $713.13 in 2014 and $674.63 in 2015 in personal property taxes. Mrs. Rose stated herself, the treasurer, and the director of finance have recommended approval of the request. Jennifer Brown stated Anicira Veterinary Center still offered the same services as when the center was known as the Spay and Neuter Clinic, as well as preventative care, general surgery, dental care, a foster based program for dogs, affordable veterinarian care, and a pet food pantry. At 7:12 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 Wednesday, April 6, 2016. City of Harrisonburg Page 2 Printed on 4/27/2016 City Council Meeting Minutes - Final April 12, 2016 There being no one desiring to be heard, Mayor Jones closed the public hearing at 7:13 p.m., and the regular session reconvened. A motion was made by Council Member Degner, seconded by Council Member Shearer, to approve the request. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Jones, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 Abstain: 1- Vice-Mayor Baugh 6.b. Consider a request to amend the Zoning Ordinance Sections 10-3-24, 10-3-90, & 10-3-96 related to plant nurseries and greenhouses. The amendment would add landscaping businesses and similar operations within the definition of plant nurseries and greenhouses. The amendment would also allow these uses to have small-scale, outdoor manufacturing, processing, storage, and treatment of products within the M-1, General Industrial District. Adam Fletcher, Director of Community Development, stated staff is proposing to amend Section 10-3-24 by modifying the definition of “plant nurseries and greenhouses” by adding “landscaping businesses and similar operations” to the title definition; Section 10-3-90(17) to align the existing specified uses to include plant nurseries and greenhouses; and, Section 10-3-96(16) to also align the existing specified uses to include plant nurseries and greenhouses. Mr. Fletcher stated staff is also proposing for the identified uses within the M -1 district the ability to have small-scale, outdoor manufacturing, processing, storage, and treatment of products as part of a plant nursery, greenhouse, landscaping business, or similar operation, when such uses are compatible with surrounding areas. Mr. Fletcher noted that the proposed amendments originated when a citizen proposed a business to staff. Mr. Fletcher also noted that within Section 10-3-96(16) it provides a level of scrutiny for the zoning administrator to ensure that such uses do not cause undesirable dust and debris, noise, lighting, or other issues for adjacent properties. Mr. Fletcher stated both staff and Planning Commission recommend approval of the proposed amendments. At 7:17 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 Monday, March 28, 2016 and Monday, April 4, 2016. Jimmy Flynn, 699 John Tyler Circle, thanked council for considering these amendments that would allow him to begin manufacturing mulch on a small scale . Mr. Flynn stated the location of his business is extremely industrial and the adjacent properties consist of a vacant lot and a parking lot for trucks. At 7:19 p.m., Mayor Jones closed the public hearing and the regular session reconvened. A motion was made by Vice-Mayor Baugh, seconded by Council Member Degner, to approve the ordinance amendments as presented. The motion carried with a recorded roll call vote City of Harrisonburg Page 3 Printed on 4/27/2016 City Council Meeting Minutes - Final April 12, 2016 taken as follows: Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 6.c. Consider amending the Zoning Ordinance Sections 10-3-24, 132, and 135 through 140. Section 10-3-24 Definitions shall be amended by updating the definition of “variance” to align with changes to the Code of Virginia. Multiple sections within Article W, Board of Zoning Appeals shall be amended by updating existing sections in order to align with recent changes to the provisions of the State Code and to make general housekeeping corrections within the Article. Mr. Fletcher stated several of the proposed amendments are put forth to better align the overall regulations of the Board of Zoning Appeals (BZA) with the Code of Virginia. Mr. Fletcher reviewed the following amendments within Article W: Section 10-3-24 modifies the existing definition of “variance”; Section 10-3-132 better defines the duties of the BZA and the BZA secretary; Section 10-3-135 adds new criteria to help the BZA to decide appeals; Section 10-3-136 reflects the “variance” definition change and to outline the criteria under which a variance should be granted; Section 10-3-137 removes the entire section, which is associated with examples of conditions that may be placed on variances; Section 10-3-138 renumbers and clarifies the section for individuals wanting to amend an approved variance making them go through the same process as those requesting an initial variance; Section 10-3-139 adds requirements associated with equal say during a public hearing, the availability of materials for the applicant and the public, and for issues associated with open communication among all parties; and, Section 10-3-140 renumbers the section. Mr. Fletcher stated both staff and Planning Commission recommended approval. Council Member Degner asked if the rule was still in place to not grant a variance if the property can be used for anything else. Mr. Fletcher stated those cases are case-by-case. Vice-Mayor Baugh stated the new language addresses that issue, but has only been around for a year and they are hoping that the new language will help with those cases. At 7:27 p.m., Mayor Jones closed the regular session and called the third public hearing to order. A notice appeared in the Daily News-Record on Monday, March 28, 2016 and Monday, April 4, 2016. There being no one desiring to be heard, Mayor Jones closed the public hearing at 7:28 p.m., and the regular session reconvened. A motion was made by Vice-Mayor Baugh, seconded by Council Member Shearer, to approve the ordinance amendments as presented. 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 4 Printed on 4/27/2016 City Council Meeting Minutes - Final April 12, 2016 No: 0 6.d. Receive Planning Commission’s recommendation for the 2016-2017 through 2020-2021 Capital Improvement Program City Manager Hodgen stated the city and the Harrisonburg City Public Schools have different recommendations within the Capital Improvement Plan (CIP) and council is being asked to approve the city’s CIP. City Manager Hodgen stated Planning Commission suggested for council to give consideration to moving the High School Annex project to an earlier fiscal year, but staff is recommending the dates remain due to funding and to adopt the CIP as presented. At 7:30 p.m., Mayor Jones closed the regular session and called the fourth public hearing to order. A notice appeared in the Daily News-Record on Monday, March 28, 2016 and Monday, April 4, 2016. There being no one desiring to be heard, Mayor Jones closed the public hearing at 7:31 p.m., and the regular session reconvened. A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, to approve the CIP as presented. 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 6.e. Consider adoption of the resolution approving the contract between the city of Harrisonburg and the Community Foundation City Attorney Brown stated over the past two years, the city has solicited proposals from outside organizations for use of the Eastham House. City Attorney Brown stated a proposal recently was received from the Community Foundation and a purchase agreement has been agreed upon and the foundation will pay one dollar for the Eastham House with the foundation agreeing to invest a minimum of $440,000 worth of renovations, repair, and refurbishing of the existing building . The contract also provides that if the Community Foundation decides to sell the Eastham House property. The city will have the right of first refusal to buy back the property at its then fair market value, to be established through appraisals, less $250,000. At 7:32 p.m., Mayor Jones closed the regular session and called the fifth public hearing to order. A notice appeared in the Daily News-Record on Saturday, April 2, 2016. Revlan Hill, Executive Director of the Community Foundation, stated the foundation appreciated the partnership they have had with the city and reviewed what the foundation stood for and who they provided services for within the community. Ms. Hill stated since 1998, the foundation has been able to provide $21M in grants within the community and mostly to local non-profit organizations. City of Harrisonburg Page 5 Printed on 4/27/2016 City Council Meeting Minutes - Final April 12, 2016 Ms. Hill thanked everyone who has played a part in the foundation's success. Ms. Hill noted projects the foundation has partnered with the city on, noted they offer legacy funds and currently they have $40M worth of planned gifts. Ms. Hill stated the foundation needs office space and space to grow and the Eastham House is an ideal location. Ms. Hill also thanked Brian Shull, economic development director, for his assistance over the past months. At 7:38 p.m., Mayor Jones closed the public hearing and the regular session reconvened. A motion was made by Council Member Shearer, seconded by Council Member Degner, to approve the contract between the city of Harrisonburg and the Community Foundation as presented. 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 7. Regular Items 7.a. Consider a resolution recognizing the 100th anniversary of the Harrisonburg-Rockingham Chamber of Commerce Frank Tamberrino, President & CEO of the Harrisonburg - Rockingham Chamber of Commerce (HRCC), stated he appreciated the opportunity to be here, the consideration of the resolution from council, and this is the 100th year anniversary of HRCC. Mr. Tamberrino stated he is looking forward to the future, on April 26, 2016 they will be pulling out a time capsule, and are looking to complete another time capsule to be pulled out in 50 years. Mr. Tamberrino stated HRCC is still looking for ideas for the time capsule and noted the first official action HRCC took was asking the city to pave additional streets within the city. Mayor Jones read the resolution and presented it to Mr. Tamberrino and Ashley Gordon. A motion was made by Vice-Mayor Baugh, seconded by Council Member Shearer, to approve the resolution as presented. 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 7.b. Presentation of the Harrisonburg City Schools proposed FY17 budget Dr. Scott Kizner, Superintendent of Harrisonburg City Public Schools (HCPS), stated he attended a meeting in Richmond recently where the President of the State Chamber of Commerce and Secretary of Commerce said the greatest investment a community could do to build its business community is to invest in the public schools. Dr. Kizner reviewed the School Board’s guiding principles, City of Harrisonburg Page 6 Printed on 4/27/2016 City Council Meeting Minutes - Final April 12, 2016 mission and, their core beliefs. Dr. Kizner reviewed the following key points of the budget: the equity and excellence drives daily decisions; the budget is flexible to meet unanticipated or new priority needs; high expectations for learning and investing in personnel are essential for continuous improvement; new needs require us to discard some past priorities; enrollment continues to increase between two and four percent; and, the diverse needs of our students are a driving budget focus. Dr. Kizner reviewed the following accomplishments: some teachers and staff received state and national awards; a continued decrease to drop out rates; a continued increase to students receiving advanced diplomas; the graduation completion index is about 90%; HCPS was listed as one of the best school systems and one of the best places for teachers to teach according to the Niche Rankings in 2015; the fifth year winning the Wells Fargo Scholastic Cup; expansion to college, university, and community partnerships; expansion of the dual language programs; professional development in restorative justice practices and childhood trauma; implementation of a career experience program at Harrisonburg High School; parent and community learning workshops; and, expansion and updates to instructional technology. Dr. Kizner reviewed the following new opportunities for 2016-2017: expansion of the high school’s STEM offerings; expansion of the elementary and middle schools' dual immersion programs; expansion of instructional technology programs; community partnerships for after school programming; implementation of a comprehensive CTE internship program; a teacher residency program with James Madison University; and, university and foundation support for professional development . Dr. Kizner noted the budgeted expenditures per student (ADM) for FY17 is $5,675 and the current is built on 5400 ADM. Dr. Kizner stated state revenues reflects a $3,616,527 or an 11.32% increase in state revenues based on increased ADM, decreased Local Composite Index (LCI), and adjustments to Standards of Quality and Lottery funds. Dr. Kizner noted that the state revenues are based on the General Assembly amendments to the Governor’s proposed budget. Dr. Kizner provided the following budget notes regarding federal and local revenues: federal revenues will increase by $36,532 or 1.31% due to carry over funding of federal grants; the local recovered cost will increase by $10,000 or 0.53% due to anticipated increases in Harrisonburg Education Foundation funding of teacher grants; the budget assumes an additional $583,149 or 1.95% in city appropriations; and, total revenue increased by $4,246,208. Dr. Kizner provided the following budget notes regarding salary and benefit increases: an average 3% salary increase for staff on the teaching scale, 4% salary increase for teacher assistants, and a 3% increase for all other employees which totals $1,388,760; an increase to Virginia Retirement System (VRS) contribution of 14.66% for salary increases included 0.6% VRS rate increase totaling $414,686; fringe benefit increases for salary increases totaling $155,633; and, health insurance rate increase of 3.6% totaling $214,253. Dr. Kizner shared two graphs showing the history of salary increases compared to inflation and where Harrisonburg compares to other localities in the state. Dr. Kizner stated the budget includes an increase of 19.3 new positions and a reduction of three current staff for a net total of 16.3 new full-time employees (FTE) positions totaling $1,043,207 for salaries and benefits. Dr. Kizner also stated an additional $1,029,669 is included for City of Harrisonburg Page 7 Printed on 4/27/2016 City Council Meeting Minutes - Final April 12, 2016 non-personnel operating funds and noted there are decreases in alternative education ($30,146), capital outlay ($25,000), and utility cost savings ($40,000). Dr. Kizner provided several slides showing expenses and revenues broken down and presented a FY2017 budget of $70,762,215, which is a 6.38% increase from the previous budget. Mayor Jones asked about changes that caused an increase to salaries from previous years. Dr. Kizner stated the cause comes from the city not providing the trending salary increases over the last few years and noted a few years ago the state provided an increase, but then employees where responsible to pay more into VRS. Dr. Kizner stated the School Board in recent years changed the salary scale for salary increases from 36 to 30 steps. Mayor Jones stated he is in favor of an increase, but he also is aware of other expenditures coming. Dr. Kizner suggested a catalyst group review this and future salary increases from data . Mayor Jones also asked about the summer lunch distribution program being a community responsibility since the city is over 70% in free and reduced lunches and noted lunches are provided at the schools during summer for those children, but not all children are able to get to the schools. Dr. Kizner stated at one time the program was a partnership between the schools and other local agencies and noted the food service coordinator for the schools asked for something to be put in writing to be sent to the city manager regarding the free and reduced lunch program. Dr. Kizner noted that those same children aren’t eating when the schools are closed for snow days and they are looking for ways to get those children fed during the next school year. Council Member Byrd asked about the current ADM being budgeted for only a 2% growth. Dr. Kizner stated he felt it was fiscally responsible to make sure the school wouldn’t be asking for additional funding, when the state didn’t provide the ADM that was budgeted. Dr. Kizner noted the difference of funds is provided back to the city and he reported last year $520,000 was given back to the general fund and 1% of that went towards capital issues. Council Member Byrd asked about the current ADM and the projections being below the 112 student increase and the proposed 16.3 new positions. Dr. Kizner noted that these positions have been needed and only two of them are needed due to the new elementary school. Dr. Kizner noted that ADM and enrollment numbers are different and enrollment is always going to be higher. Dr. Kizner stated the nutrition budget includes a $0.10 increase per lunch meal, which is required by federal law, and assumes a 4% increase for nutrition assistants and a 3% for other nutrition employees. Mayor Jones asked if Bluestone Elementary School will be filled based off of geography or off the diversity of the city. Dr. Kizner noted the School Board is aware of the concern and the redistricting guidelines can be found online. Dr. Kizner stated since the redistricting in 2007 the schools are becoming more similar. Mayor Jones noted to review resources as well. City of Harrisonburg Page 8 Printed on 4/27/2016 City Council Meeting Minutes - Final April 12, 2016 7.c. Consider write off of delinquent utility billing accounts City Manager Hodgen stated Public Utilities is requesting approval to write off 230 accounts that the city incurred as accounts receivable between January 1, 2014 and December 31, 2014 in the amount of $32,776.51 or 0.20% of the total billings for that period. City Manager Hodgen noted these accounts will remain in collections and it is recommended to write off these accounts. A motion was made by Council Member Byrd, seconded by Council Member Degner to write off the accounts as requested. 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 7.d. Consider approval of the City Hall Facility Use Policy and Application Deputy City Manager Lewis stated the city has public space within City Hall that can be used by citizens and the policy being presented outlines general use parameters, requirements and a process by which to coordinate logistics of scheduling, and receiving access to the facility. A motion was made by Council Member Byrd, seconded by Council Member Degner, to approve the policy and application as presented. 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 7.e. Consider final bond amount for the general obligation bonds City Manager Hodgen stated the construction amount for the pre -k facility was received, which council was waiting on in order to proceed with the posting of Notice of Sale. City Manager Hodgen noted the amount was received from the School Board this morning and $42.7M has been established as the borrowing amount to be posted in the Notice of Sale. City Manager Hodgen reviewed the following project amounts: school construction projects ($32.2M), Thomas Harrison Middle School HVAC project ($4.4M), trail and street improvements ($2.1M), and construction contingencies ($2M). Mayor Jones noted the conversations during prior council meetings and noted that the School Board approved Elon W. Rhodes Early Learning Center to be the name of the proposed pre-k facility. There was discussion on the following: there is a longer list of needs for the schools and everyone will have to be patient, but as long as there are children in the schools they will need to be fulfilled; community efforts for after school programs continue to be important; in favor of pre-k being in non-profit City of Harrisonburg Page 9 Printed on 4/27/2016 City Council Meeting Minutes - Final April 12, 2016 organizations; wished the bid number was lower, but glad to see they came down maintaining a good center; not in favor of getting the information hours prior to approving funding; Moody’s report noted the city’s debt burden was above average; after the issuance of these bonds the city will be at 5% debt and the city’s debt cap is 6%; Standards and Poor's ratings noted that the city has a weak debt and contingent liability position; budgets in the future aren ’t going to get easier and there are only a few items that can bring in more income, one being personal property taxes; and, increases in the property tax is detrimental to economic development. Council Member Shearer asked for staff's opinion. City Manager Hodgen stated some engineering services were overlooked and the total is actually $ 43,650,000. Council Member Degner amended the motion to include the amount of $43,650,000. Council Member Shearer noted that this is not an increase of budget of $ 600,000; it is $600,000 since the project was last considered. Council Member Shearer noted the original budget for all projects was $30,360,000 and it has increased approximately by $5M. City Manager Hodgen stated staff felt from the beginning the number was too high and would have liked to have seen a less expensive project now so funds could contributed to future projects. Council Member Byrd asked if the proposed facility is adequate for expansion . Council Member Byrd noted that the facility is planned for 158 students when the original plan was going to hold 250 students. Council Member Byrd stated he would be in favor of another project being presented that could be expanded. Mayor Jones stated he is comfortable with the numbers and non-profits have the potential to use funding from the state if they meet state guidelines to run a pre -k facility. Mayor Jones noted the efforts taken by the bike and pedestrian citizens that worked to get infrastructures worked into the school building plans. A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to proceed with the amount of $42.7M in the Notice of Sale. The motion was amended by Council Member Degner, seconded by Vice-Mayor Baugh, to proceed with the amount of $43,650,000 in the Notice of Sale. The motion carried with a recorded roll call vote taken as follows: Yes: 3- Mayor Jones, Vice-Mayor Baugh and Council Member Degner No: 2- Council Member Byrd and Council Member Shearer 7.f. Consider nominations for the 2016 VML Policy Committees Deputy Manager Lewis reviewed the committees that council served on during 2015 and they were the following: Vice-Mayor Baugh, Community and Economic Development; Council Member Degner, Environmental Quality; Council Member City of Harrisonburg Page 10 Printed on 4/27/2016 City Council Meeting Minutes - Final April 12, 2016 Shearer, Finance; Mayor Jones, General Laws; and, Council Member Byrd, Transportation. A motion was made by Council Member Byrd, seconded by Council Member Shearer, to approve the committee assignments as stated. 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 7.g. Distribution of draft FY 16-17 budget to City Council City Manager Hodgen presented the draft budget and noted a public hearing would be held during the April 26, 2016 council meeting. City Manager Hodgen stated that a lot of the changes in this year's budget is the result of the city continuing to grow at a fast pace and noted the increase of 1,263 residents during the past year. City Manager Hodgen reviewed the following highlights from the proposed budget: funding for debt service on a new elementary school and pre -k facility; renovations to Fire Station 1; bridge replacement on Pleasant Valley Road; boiler replacement at the Rockingham-Harrisonburg County Jail; water tank replacement in Park View; debt services; full year cost of personnel additions as of January 1, 2015; increased cost of shared services with Rockingham County including courts, jail, clerk of court, commonwealth attorney, social services, and Children Services Act (CSA); CAD system for public safety; a 2% salary increase; an increase to the ECC fund; the development of the budget began with a gap of approximately $7.5M; no proposed increases to the discretionary outside agencies; no use of fund balance; anticipates a need to increase the real estate tax rate by $0.08; doesn’t include the $583,149 that the School Board has requested for raises over a 2% increase; and, includes a rate increase of $0.15 per thousand gallons of water. City Manager Hodgen stated the public hearing advertisement will note the real estate tax increase will not exceed an $ 0.08 increase and the adoption of the budget needs to take place by May 31, 2016. Council asked the clerk to send out possible budget work session dates. Council Member Byrd asked about the full-time employees (FTE) increase. City Manager Hodgen stated he believed it was nine additional employees and noted it does include the full-time assistant city attorney position, additional police officers, and two additional dispatchers for ECC. City Manager Hodgen noted that four police officer positions are through grants. There was discussion regarding police officer positions and it was noted a specific test date was just closed, another one will be scheduled, and citizens can sign up to receive email notification regarding jobs within the city. City Manager Hodgen also noted the new section within the budget currently being called the citywide program listing which lists the fundamental objectives or major services offered by departments. City Manager Hodgen stated developing this list is one component of a program budgeting process and the only step we will take this year. 8. Supplementals City of Harrisonburg Page 11 Printed on 4/27/2016 City Council Meeting Minutes - Final April 12, 2016 8.a. Consider a supplemental appropriation through interfund loans for the Harrisonburg City School Board in an amount up to $2.1 million Tracy Shaver, Director of Finance for Harrisonburg City Public Schools, stated in regards to the delay with the issuing of the bonds, the Harrisonburg City Public School division is requesting a supplemental appropriation through loans from the General Fund and School Operating Fund on an interim basis for school construction projects. The school division is requesting up to $ 2.1 million with $1.5 million from the city's General Fund and $600,000 from the School Operating Fund as a short-term funding solution until permanent financing is established through the issuance of bonds. A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to approve the supplemental appropriation as presented. 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. Other Matters Mayor Jones stated a new drop box location for bill payments is located in the parking lot in front of City Hall, the city launched a new website that is responsive to different devices, and the Harrisonburg-Rockingham ECC will be holding an awards ceremony tomorrow. Mayor Jones noted that this week is both National Public Safety Telecommunicators Week and National Volunteer Week. Mayor Jones announced more than 500 volunteers helped with Blacks Run Clean Up Day and collected 2.5 tons of trash. Mayor Jones announced the Household Hazardous Waste will be taking place on Saturday, April 16, 2016. He also stated a flag raising ceremony would be taking place at the Dick Myers Chrysler-Dodge-Jeep-Ram dealership; a prayer walk will begin at 11:30 in front of City Hall and proceed to Court Square; and, the Newtown Cemetery will be unveiling the historic marker at 2:00 p.m. Mayor Jones also announced on Sunday, April 17, 2016 the Honk-A-Horn event will be taking place at Purcell Park. 10. Boards and Commissions 10.a. Harrisonburg Rockingham Community Policy and Management Team (CPMT) Deputy City Manager Lewis stated the CSA director requested the term to reflect the expiration date of December 31, 2016. City of Harrisonburg Page 12 Printed on 4/27/2016 City Council Meeting Minutes - Final April 12, 2016 A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, to re-appoint Ms. Kimberlee Hartzler-Weakley to the Community Planning and Management Team to expire December 31, 2016. The motion carried with a unanimous voice vote. Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 10.b. Central Shenandoah Planning District Commission A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to re-appoint Council Member Ted Byrd, Council Member Abe Shearer, and Planning and Community Development Director, Adam Fletcher as commissioners of the Central Shenandoah Planning District Commission to expire June 30, 2019. The motion carried with a unanimous voice vote. Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner and Council Member Shearer No: 0 11. Closed Session At 9:17 p.m., a motion was made by Council Member Byrd, seconded by Council Member Shearer, to enter into closed session as authorized by the Virginia Freedom of Information Act, Virginia Code Section 2.2-3711(A), under Subsection 1 for the evaluations of the performance of specific city employees, Subsection 3 for the discussion of the disposition of publically held property, and Subsection 7 for consultation with legal counsel and briefings by staff members pertaining to actual or threatened litigation. 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 12. Adjournment At 10:25 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 10:26 p.m., there being no further business and on motion adopted, the meeting was adjourned. ________________________ ________________________ CITY CLERK MAYOR City of Harrisonburg Page 13 Printed on 4/27/2016

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, April 12, 2016 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: March 22, 2016 Draft Meeting Minutes 5.b. Consider a supplemental appropriation for the Harrisonburg City School Board in the amount of $332,638.88 Review & The Harrisonburg City School division is requesting a supplemental appropriation for Recommendation: various state and federal grant revenues awarded after the approval of the fiscal year 2016 budget. Attachments: Memorandum Supplemental Appropriation School Board Memorandum 6. Public Hearings 6.a. Consider request for exemption from local personal property taxation for one city non-profit organization Review & On December 18, 2015, Anicira Veterinary Center applied for personal property tax Recommendation: exemption on an additional vehicle. City of Harrisonburg Page 1 Printed on 4/21/2016 City Council Meeting Agenda - Final-revised April 12, 2016 Attachments: Memorandum Application Public Hearing Notice 2016 Disclosure - Richard Baugh 6.b. Consider a request to amend the Zoning Ordinance Sections 10-3-24, 10-3-90, & 10-3-96 related to plant nurseries and greenhouses. The amendment would add landscaping businesses and similar operations within the definition of plant nurseries and greenhouses. The amendment would also allow these uses to have small -scale, outdoor manufacturing, processing, storage, and treatment of products within the M-1, General Industrial District. Review & Planning Commission recommended approval (6-0) of the Zoning Ordinance Recommendation: amendments within Sections 10-3-24 Definitions, 10-3-90 (17) and 10-3-96 (16), which currently allow plant nurseries and greenhouses by right within the B -2 and M-1 districts, respectively. . Attachments: Memorandum Extract ZO Amend Plant Nurseries and Greenhouses Memo Staff Report ZO Amend Plant Nurseries Greenhouses FINAL Draft Amendment Document Plant Nurseries & Greenhouses Notice of Public Hearing 6.c. Consider amending the Zoning Ordinance Sections 10-3-24, 132, and 135 through 140. Section 10-3-24 Definitions shall be amended by updating the definition of “variance” to align with changes to the Code of Virginia. Multiple sections within Article W, Board of Zoning Appeals shall be amended by updating existing sections in order to align with recent changes to the provisions of the State Code and to make general housekeeping corrections within the Article. Review & Planning Commission recommended approval (6-0) of the Zoning Ordinance Recommendation: Amendments to Section 10-3-24 Definitions, and multiple Sections within Article W. Attachments: Memorandum Extract ZO BZA Updates FINAL Draft Amendment Document 10-3-24 and Article W CC Notice of Public Hearing 6.d. Receive Planning Commission’s recommendation for the 2016-2017 through 2020-2021 Capital Improvement Program Review & Planning Commission moved to recommend (6-0) moving the CIP forward to City Recommendation: Council, with the suggestion that the date for the high school annex project be moved forward. Attachments: Memorandum Extract CIP Discussion Notice of Public Hearing Amended HCPS CIP FY2017 to 2021 6.e. Consider adoption of the resolution approving the contract between the city of City of Harrisonburg Page 2 Printed on 4/21/2016 City Council Meeting Agenda - Final-revised April 12, 2016 Harrisonburg and the Community Foundation Review & City administration is recommending the transfer of the city owned property at 317 Recommendation: South Main Street, commonly known as the Eastham House, to the Community Foundation of Harrisonburg and Rockingham County, Inc. (the Community Foundation ) for the purchase price of one dollar and the Community Foundation's obligation to invest a minimum of four hundred and forty thousand dollars ($440,000.00) in renovation, repair, and refurbishing of the existing building, and the grant to the city of a Right of First Refusal. . Attachments: Memorandum Public Hearing Notice Purchase Agreement Resolution 7. Regular Items 7.a. Consider a resolution recognizing the 100th anniversary of the Harrisonburg-Rockingham Chamber of Commerce Review & The Harrisonburg-Rockingham Chamber of Commerce will celebrate its 100th Recommendation: anniversary during the month of April. On April 26, 2016 the HRCC will dig up a time capsule that has been buried for 50 years and plans to bury a new one that will be dug up in 2066. Attachments: Resolution 7.b. Presentation of the Harrisonburg City Schools proposed FY17 budget Review & Harrisonburg City Schools superintendent, Dr. Scott Kizner, will present information on Recommendation: the proposed FY17 school operational and nutrition budgets. 7.c. Consider write off of delinquent utility billing accounts Review & The Director of Public Utilities is requesting approval to write off 230 accounts that the Recommendation: city incurred as accounts receivable between January 1, 2014 and December 31, 2014. The total value of these accounts is $32,776.51 or .20% of the total billings for that period. These accounts will remain in collections and will be re -entered into account receivable by journal voucher should they become collectable. These accounts have been thoroughly reviewed by Public Utilities, Finance, and Real Estate. Attachments: Memorandum Write Off Summary Write Off Account Graph 2014 Annual Breakdown 7.d. Consider approval of the City Hall Facility Use Policy and Application Review & The policy outlines a process by which the city manager's office considers requests for Recommendation: use of the different facilities within City Hall. It also outlines general use parameters, requirements and a process by which to coordinate logistics of scheduling, and receiving access to the facility. Attachments: Agenda Memo City Hall Facility Use Policy Application City of Harrisonburg Page 3 Printed on 4/21/2016 City Council Meeting Agenda - Final-revised April 12, 2016 7.e. Consider final bond amount for the general obligation bonds Review & During the March 22, 2016 council meeting, council approved the bond resolution as Recommendation: advertised, but a bond amount wasn't set to allow the School Board to receive bid information from the architect for the pre-k facility on Monday, April 11, 2016. Information regarding the facility should be received by the city on the morning of Tuesday, April 12, 2016, so council will be able to determine a bond amount so the city can release the notice of sale. . 7.f. Consider nominations for the 2016 VML Policy Committees Review & The Virginia Municipal League is now accepting nominations for its 2016 policy Recommendation: committees. Attached is a memorandum, description of the policy committees and policy process, and the nomination form. VML is asking for nominations to be submitted by April 15, 2016. Attachments: Memorandum Description of the policy committees and policy process 2016 VML policy nominations form 7.g. Distribution of draft FY 16-17 budget to City Council Review & The City Manager plans to have copies of the draft FY 16-17 budget and cover Recommendation: letter/summary for distribution to City Council at the April 12 meeting. Both documents will also be posted online prior to the meeting. No formal presentation is scheduled at this time, but will occur at the April 26 meeting along with the required public hearing. 8. Supplementals 8.a. Consider a supplemental appropriation through interfund loans for the Harrisonburg City School Board in an amount up to $2.1 million Review & Due to the delay in the bond issuance, the Harrisonburg City School division is Recommendation: requesting a supplemental appropriation through loans from the General Fund and School Operating Fund on an interim basis for (i) Architect and Engineering (A&E) costs associated with Bluestone Elementary School and Elon Rhodes Early Learning Center, (ii) construction costs associated with Bluestone Elementary School, and (iii) construction costs associated with the Thomas Harrison Middle School HVAC replacement. The school division is requesting up to $2.1 million with $1.5 million from the City's General Fund and $600,000 from the School Operating Fund as a short-term funding solution until permanent financing is established through the issuance of bonds. Attachments: Memorandum Supplemental Appropriation 9. Other Matters 10. Boards and Commissions 10.a. Harrisonburg Rockingham Community Policy and Management Team (CPMT) Review & Attached is a letter from the CPMT recommending Ms. Kim Hartzler-Weakley be Recommendation: reappointed to a term to expire April 30, 2017, to the Harrisonburg Rockingham CPMT as the representative of a public organization. Attachments: CPMT Letter City of Harrisonburg Page 4 Printed on 4/21/2016 City Council Meeting Agenda - Final-revised April 12, 2016 10.b. Central Shenandoah Planning District Commission Review & The terms of Ted Byrd, Abe Shearer, and Adam Fletcher as Commissioners of the Recommendation: CSPDC expire June 30, 2016. All three are eligible for reappointment to the Commission for another three-year term. A letter from the CSPDC is attached. Attachments: Letter 11. Closed Session 11.a. Virginia Code Section 2.2-3711(A) Subsection 1 for the evaluations of the performance of specific city employees Review & . Recommendation: 11.b. Virginia Code Section 2.2-3711(A) Subsection 3 for the discussion of the disposition of publically held property 11.c. Virginia Code Section 2.2-3711(A) Subsection 7 for consultation with legal counsel and briefings by staff members pertaining to actual or threatened litigation 12. Adjournment City of Harrisonburg Page 5 Printed on 4/21/2016

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