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City Council

Regular Meeting

Harrisonburg, VA · May 23, 2017

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Minutes

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Mayor Deanna R. Reed Vice-Mayor Richard A. Baugh Council Member Ted Byrd Council Member George Hirschmann Council Member Christopher B. Jones Tuesday, May 23, 2017 7:00 PM Council Chambers 1. Roll Call Present: 5- Mayor Deanna R. Reed, Vice-Mayor Richard Baugh, Council Member Ted Byrd, Council Member Christopher B. Jones and Council Member George Hirschmann Also Present: 5- City Manager Kurt Hodgen, Deputy City Manager Ande Banks, City Attorney Chris Brown, Police Chief Stephen Monticelli and City Clerk Banks Ande 2. Invocation Council Member Hirschmann offered the invocation. 3. Pledge of Allegiance Mayor Reed led the Pledge of Allegiance 4. Special Recognition 4.a. Chesapeake Bay Awareness Week Mayor Reed proclaimed June 2 through June 12, 2017 as Chesapeake Bay Awareness Week. 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) Council Member Hirschmann requested agenda item 5E Consider a request from Davis Mill, LLC, Mary L. Shifflett, and Brent Mumbert with representative Blackwell Engineering to rezone a 4.34 +/- acre area zoned R-3, Medium Density Residential District to R-5C, High Density Residential District Conditional on property located at 2465, 2485, 2511, and 2521 Reservoir Street, and 2401, 2402, and 2408 Clubhouse Court, be withdrawn from the consent agenda. City of Harrisonburg Page 1 Printed on 6/20/2017 City Council Meeting Minutes - Final May 23, 2017 A motion was made by Vice Mayor Baugh, seconded by Council Member Byrd to approve the consent agenda as presented with the exception of Item 5E. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Baugh, Council Member Byrd, Council Member Jones and Council Member Hirschmann No: 0 5.a. City Council Minutes from May 9, 2017 These Minutes were approved on the Consent Agenda. 5.b. Consider amending and re-enacting Section 5-2-35 - Fire Chief: Appointment; duties; term of office and enacting Section 5-2-41 - Powers and duties of fire marshal; assistants. This Ordinance was approved on second reading. 5.c. Consider a supplemental appropriation for the Police and Fire Departments in the amount of $225,859 This Supplemental Appropriation was approved on second reading. 5.d. Consider a request from Sunrise Church of the Brethren with representative Curtis Joiner to rezone four parcels zoned R-3, Medium Density Residential District to B-2C, General Business District Conditional, on property located at 1476 & 1486 South Main Street. This re-zoning request was approved on second reading. . 5.e. Consider a request from Davis Mill, LLC, Mary L. Shifflett, and Brent Mumbert with representative Blackwell Engineering to rezone a 4.34 +/- acre area zoned R-3, Medium Density Residential District to R-5C, High Density Residential District Conditional on property located at 2465, 2485, 2511, and 2521 Reservoir Street, and 2401, 2402, and 2408 Clubhouse Court. Council Member Hirschmann stated he has surveyed the area and spoke to citizens in the area, and feels it is getting incredibly crowded in the area . Vice-Mayor Baugh stated he doesn’t disagree however this is a development proposed in an area that is consistent with the zoning and existing planning. A motion was made by Vice Mayor Baugh, seconded by Council Member Jones to approve the consent agenda item 5E as presented. The motion carried with a recorded roll call vote taken as follows: 5.f. Consider amending and re-enacting Section 11-1-11 of the Building Code City of Harrisonburg Page 2 Printed on 6/20/2017 City Council Meeting Minutes - Final May 23, 2017 Regulations - Fees for Permits This Ordinance amendment was approved on second reading. 6. Public Hearings 7. Regular Items 7.a. 2017 Service Learning Program presentation Ande Banks, Deputy City Manager introduced the third year Service Learning Program, partner with Mr. Moyer and Mr. Hook at Harrisonburg High School, to bring high school students into the work and projects of city government with the hopes that these students will end up being the next leaders in Harrisonburg. Mr. Banks stated this particular group of students spent the fall visiting each department and received a presentation of the different types of work and services delivered by the departments and in the spring the students paired up with city staff to conduct a project based learning experience. Mr. Jay Hook stated this year there were some excellent projects to choose from and hopes the presentations give council something to think about and consider. Andrew Rath, Jeremy Pultz, Roberto Gonzales Cavazos, Aaron Gordon and Jean-Pierre Mwami presented the Adopt a Hydrant program, and reviewed the current program, the reasons why the program is needed, the background of the program, the characteristics of a fire, the 2016 fire statistics, potential problems with those hydrants that aren’t adopted and kept clear, suggestions for advertising the program, and the preliminary suggested budget to complete the advertising promotions. Alesazem Asuagbor, Kathryn Hulleman, Sarah Jennings, Sara Penrod, and Kellie Serrell presented the Adopt a Park program. The students reviewed the reasons why the program is needed, the goal for this program, research with other cities nationwide, division of the parks to ease cleanup processes, development of an interactive map, the fliers created to promote the program, and proposed a call to action for city council to launch this program and the online application to adopt a park. Keeshawn Perry, Malachi Simmons, and Manuel Martinez-Ramos presented the replacement needs for Parks and Recreation park signage. The students reviewed the current signage and materials used, what materials other localities use for their signs, the pros and cons of each of the different materials (PVC, Wood, Plastic and Dibond Metal), and presented a cost estimate for replacement signs using Dibond Metal, the preferred material to be used for all park signs. Alex Osinkosky, Philip Wilcox, Katrina Kirilyuk, and Eva Didot presented the Historical Buildings and Places in Harrisonburg project. The students reviewed the boundaries for the project, the interactive map created from the GIS map, Google City of Harrisonburg Page 3 Printed on 6/20/2017 City Council Meeting Minutes - Final May 23, 2017 Maps and the National Register of Historic Places, the challenges they faced creating the map and the work that went into creating the map. The students noted the goals for this project were to promote the history of the city, provide a visitor’s guide to the downtown historic district, educate the visitors and promote community participation. Sandra DeJesus, Rodriqo Vasquez, Mayra Portillo and Brenda Escobar-Alfara presented the School Bus Stop Awareness program. The students reviewed the civil code and fines related to illegal passing of school buses while loading and unloading, nationwide statistics of violations, the local statistics compiled over 1 week in April throughout the city, presented a few videos of violations witnessed during that week as well as video footage from buses, the reasons why these violations happen, and the goals for this project. The students also provided a School Bus Safety brochure they created and provided information on a company that could assist in enforcement of these violations. Mayor Reed stated the students did a great job and asked for a round of applause for all their hard work. The Presentations were received and filed. 7.b. Consider a resolution approving and ratifying the Real Estate Purchase Agreement between the City of Harrisonburg and James Madison University for the conveyance of 1630 Driver Drive City Attorney Chris Brown presented a resolution request as the last item in the process of the sale of the old Resource Recovery Center. Mr. Brown noted all conditions have been met, DEQ approval has been obtained and the closing documents have been signed, however, given the substantial purchase price and the fact that council last acted formally on this transaction in October of 2014, the settlement agent has requested a formal resolution ratifying the contract and authorizing the city manager to sign and deliver the deed. Council Member Byrd thanked Mr. Brown as this has been a long process. Mr. Brown noted the biggest thanks go to Mr. Baker and his staff as they worked very hard getting the project wrapped up. A motion was made by Council Member Byrd, seconded by Vice Mayor Baugh, to approve the resolution as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Baugh, Council Member Byrd, Council Member Jones and Council Member Hirschmann No: 0 8. Special Event Application Requests City of Harrisonburg Page 4 Printed on 6/20/2017 City Council Meeting Minutes - Final May 23, 2017 8.a. Consider a special event application request for Shenandoah Valley Pride Festival (SVPF) to be held on Saturday, July 22, 2017 Council Member Jones noted this particular group is always on time and ahead of schedule. Jeremiah Jenkins, events coordinator for Harrisonburg Downtown Renaissance (HDR) presented a special event application for the Shenandoah Valley Pride Festival to be held on July 22, 2017 at Court Square. Mr. Jenkins noted 2000-3000 people are expected to attend and this event has been held for a number of years, Harrisonburg Police Department will provide support for road closure and Public Works will help close the roads. Mr. Jenkins stated the special event subcommittee has approved the application and is recommending for approval. Council Member Jones stated in the past there were checks made to see if any other events were taking place in the area such as weddings, etc. in the perimeter due to the size of this event. Mr. Jenkins noted the surrounding businesses were notified by the applicant and HDR has also notified the First Presbyterian Church of the date of this event. A motion was made by Vice Mayor Baugh seconded by Council Member Hirschmann, to approve the special events application as presented. The motion carried with a unanimous voice vote. 9. Supplementals 9.a. Consider a supplemental appropriation for the Harrisonburg City School division in the amount of $329,500 City Manager Hodgen presented a supplemental appropriation request which is a routine request that comes back each year after the federal budget year, which doesn’t coincide with the city’s fiscal year, generally provides additional assistance to the schools during the course of the year, and so when the funds come in, they need to be re-appropriated to the proper school expenditure. Mr. Hodgen noted staff recommends approval. A motion was made by Vice Mayor Baugh seconded by Council Member Hirschmann, to approve the supplemental appropriation as presented. The motion carried with a recorded roll call vote taken as follows: 10. Other Matters 10.a. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) James “Bucky” Berry, 30 W. Washington Street, stated he has been doing food drives for about 9 years. Mr. Berry stated if the city borrows $100M and if someone is on fixed income and they have to pick their healthcare over food City of Harrisonburg Page 5 Printed on 6/20/2017 City Council Meeting Minutes - Final May 23, 2017 because they won’t be able to afford the taxes, they will eventually end up in the courthouse auction. Mr. Berry recommends council thinks long and hard before borrowing $100M, as this is the tax payer’s money. Zachariah Benevento, senior and student council president at Harrisonburg High School, stated he wanted to share his experiences and thoughts on why a second school should be built as it will provide the best future for the city and for the students. Mr. Benevento stated his family moved back to the city because of the schools and it has been a wonderful educational experience and feels this needs to continue for years to come. Mr. Benevento stated the high school is overcrowded, with students bumping into each other, classes and lunch room are overcrowded, and there aren’t any leadership opportunities due to the number of students. Mr. Benevento acknowledges it will cost more to build a second school but feels it is the best plan for the future because a second school will need to be built eventually as the city continues grow. Mr. Benevento stated he feels education helps economies, and the city can become a two high school city. Mr. Benevento stated the city is such a diverse city, and we should be able to unite around common goals, however, if the school population is so large, the feeling of belonging is lost. Greg Coffman, tax payer, former school board member and chairman of the Harrisonburg City Republican Committee, stated he recognizes that providing the best education to our youth is one of the most important duties and he is mindful of the costs to our taxpayers, especially lower income and senior citizens. Mr. Coffman urged city council to instruct the school board to look more thoroughly at all options available. Mr. Coffman noted with over 20 years on the school board, he was involved in the planning and construction of Stone Springs, Skyline Middle Complex, Harrisonburg High School, and full renovations to Keister, Waterman and Spotswood, and stated experience is a very hard teacher. Mr. Coffman noted some recommendations were made to remove 9th grade from the high school and place in middle schools, extend school year through summer, and build new elementary school to fit K-6 grades, at 1/3rd the cost of a new high school. Mr. Coffman noted several other proven approaches have not been scrutinized not made public: A public-private partnership which could save tax payers millions of dollars; the current HHS was done with re-worked plans of an existing school in Henrico, millions of dollars can be saved in architect fees and change orders by using the existing plans. Mr. Coffman feels the wheel does not need to be reinvented each time a new school is built. Mr. Coffman stated we do not need to build a showcase school for bragging rights. Mr. Coffman stated on February 11, 2017 the Daily News Record reported a presentation to council regarding real estate increase projections to support a $50M Bond for the construction of an annex or addition to the high school, that figure would double for a $ 100M Bond, those numbers were never disputed. Mr. Coffman stated our taxpayers can't afford a $100M high school when there are other options of lesser costs and proven results available, and asked how the city will pay for the other needs of the community. Mr. Coffman urged council to require more in-depth research before any bonds be considered and thanked council for their hard work, dedication and City of Harrisonburg Page 6 Printed on 6/20/2017 City Council Meeting Minutes - Final May 23, 2017 service. Sydney Carrier, city resident, stated council may have heard some recent news of a cat that was picked up as a stray and euthanized by the SPCA. Ms. Carrier stated the cat was an outdoor cat not a community cat and was cared for by a local veterinarian and had a permanent home. Ms. Carrier stated the saddest part was how quickly he was deemed un-adoptable. Ms. Carrier stated he was not a vicious stray in poor health that nobody would want; he was a sweet animal who someone in our compassionate community would have jumped at the opportunity to adopt. Ms. Carrier stated people continue to paint a misleading picture of how animal care should be done, over 1200 animals were euthanized in the past year at the SPCA, and more than 60% of the cats that arrive at the SPCA were put down. Ms. Carrier stated there is a better way, and there are several individuals making a push toward a no-kill city, she believes there is a better way. Laura Logey, 363 Hillandale Avenue, stated she lives on a fixed income, and represents the low income people who are living paycheck to paycheck, noting 30.9% of Harrisonburg residents live at poverty level, and the median household income in 2015 was $38,750. Ms. Logey feels if the city decides to build a $100M high school to solve the overcrowding, it would cause the highest tax increase in the history of Harrisonburg. Ms. Logey asked if the city taxpayers have to live within their budgets, why can't the city do the same, as this will create a hardship for many people. Ms. Logey stated her parents taught her to be frugal and live within her means, and spend no more than her monthly income. Ms. Logey feels the city cannot afford a huge tax increase and presented another option as a possible alternative. Ms. Logey stated the 9th grade can be moved to a junior high/middle school which reduces the high school attendance, or to use trailers for additional spacing. Ms. Logey thanked council for their time and requests they consider the tax payers in Harrisonburg. Greg Stauber, 974 Drake Street, stated he has resided in the city for approximately five years and prior to that lived in California. Mr. Stauber stated with that experience he urged council not to do this. Mr. Stauber stated the top tax rate for the state of California is 17% because they spent more than they had. Mr. Stauber stated the school doesn’t have to be a fancy building, and portable buildings could be an alternative. Mr. Stauber feels students should be prepared for what the real world is going to be, students aren’t pampered in college with small class sizes. Mr. Stauber noted a law was passed 20 years ago in California - Proposition 13, which states the tax amount is set when a house is purchased with an allowable increase of 1.2% per year maximum. Mr. Stauber noted that in California, individuals over a certain age don’t have to pay increased property tax and stated there are certain types of bonds that have rules to help with costs. Nancy Stone, 1704 Evergreen Drive, president of the Republican Women's group in Harrisonburg and Rockingham County stated she would like to speak in opposition of the new high school and feels the other options need to be readdressed. Mrs. Stone stated she is concerned for residents on fixed and City of Harrisonburg Page 7 Printed on 6/20/2017 City Council Meeting Minutes - Final May 23, 2017 limited incomes, with the recent tax increases in property and utilities, if an additional tax increase for a new school occurs they may have to tighten their belts beyond a doable level. Mrs. Stone feels the city needs to rethink the other options to address the overcrowding in our high school. Mrs. Stone reviewed statistics from the 2011-2015 U.S. Censuses to include: 70.56% school children are on the national free and reduced school lunch program; 15 out of 132 schools in the state of Virginia have higher rates for free/reduced lunch program; median income has dropped by 11.72% from 2008 to 2015 in the Harrisonburg area. Mrs. Stone acknowledges a good education is important to all of us, but a new building does not ensure a quality education, a fancy building does not inspire those to learn . Mrs. Stone stated this is a wonderful community but we tend to forget that approximately one-third of our community is living below the poverty levels, which represent our families, our children, our neighbors, who are already struggling financially and these people would be hurt by an added tax and would have to make difficult choices. Mrs. Stone stated the conversation around a new high school continues to focus around how our community can afford a tax increase. I urge city council to reconsider other options and consider the added financial burden. Wayne Brown, 226 Bluestone Hills Drive, stated he has read everything in the paper about the overcrowding and asked if there is a way to use surrounding facilities to reduce the ratio. Mr. Brown noted if any consideration has been given to using the Lucy Simms School, moving the honors program to that school as this would reduce the numbers in the high school. Mr. Brown stated the current groups using the Lucy Simms School could be moved to the empty building next door to it. Jack O’Brien, 328 Ott Street, junior at Harrisonburg High School, and stated one of his classes was in a trailer, which are less efficient, taking up parking lot space. Steve Cessna, 484 West Bruce Street, thanked council for their service to the community and spoke in favor of the proposal that has already been presented for a new school. Mr. Cessna stated he heard quite a bit about low income families and is very sensitive to that, however, he feels those who are the poorest, with the lowest income are most likely ones with the lowest property value. Mr. Cessna stated his children love the schools, and there were several students presenting this evening that showed how well our schools do. Mr. Cessna is not opposed to other options being reviewed, but feels the space study committee did a great job with their recommendations Mac Nichols, 180 Diamond Court, stated that neither he nor anyone else present is opposed to adequately educating the city's children. Mr. Nichols noted in considering the request from the school board, he would like council to take the following into consideration: Real estate tax rate increased by 44% from 2013 to 2018 (including the 8% that was just passed); If the proposal was passed for a $100M school, the tax rate would then be increased by 17.5% which would equate to 74% increase from 2012. Mr. Nichols stated the tax increase influences business decisions, as tax rates are reviewed, not just real estate taxes, but the City of Harrisonburg Page 8 Printed on 6/20/2017 City Council Meeting Minutes - Final May 23, 2017 BPOL tax and stormwater tax as well. Mr. Nichols stated these things need to be considered as with respect to businesses currently in the city, they may consider going elsewhere. Mr. Nichols urged council to consider the options being presented, perhaps pairing down the cost if a new school is appropriate, as this decision shouldn’t be rushed, and a state of the art award winning building is not needed. Mr. Nichols noted the $100M estimate does not include the land acquisition, operating expenses or staffing requirements. Matthew Wade, 746 Elmwood Drive, stated he has lived in the city for almost 20 years and is shocked for the sudden concern of low income families by our republican friends. Mr. Wade stated he is in favor of the new school, one reason he wants to stay in this area is because the tax rate is low and the schools are good, Harrisonburg has the attractiveness to people moving in from outside the area, it has a sense of togetherness and a new high school is a great idea and interest loans are very low now. Mr. Wade stated Harrisonburg has the capacity to build what is best for the community, and if the population continues to grow, a new school will need to be built sooner rather than later. Elizabeth Pass, 331 Franklin Street, stated she has been a resident for over 20 years and is in favor of the new high school. Ms. Pass stated as a professor at James Madison University (JMU), she has served on search committees and recruiting, and one of the first things the faculty member asks is about the school systems and neighborhoods. Ms. Pass noted schools are one of the highest recruitment and retention tools and one of the areas she teaches is crisis and risk management. Ms. Pass stated she would like to see Harrisonburg be more proactive and not reactive with better planning for predicted overcrowding. Ms. Pass feels that a community invests in what it values and Harrisonburg does value its children. John Sloop, 1071 Wyndham Drive, stated he has been a resident for the past 31 years, with three children who have gone through the Harrisonburg school system . Mr. Sloop stated some of his family members taught in the city school system and is grateful for the education the children have received. Mr. Sloop stated he and his wife are happily retired and living on a fixed income, and although no children are in the school system now, they have continued to pay taxes at a steadily increasing rate. Mr. Sloop noted he has read about the real estate taxes over the past ten years increasing at a staggering 44% and personal property taxes have gone up 17%. Mr. Sloop noted the figures Mr. Nichols presented are staggering, and understands that next month council will be voting on building a state of the art high school. Mr. Sloop noted it was estimated to cost $100M, but we all know what happens when estimates are made by a major construction project, it will cost way more than that. Mr. Sloop stated based on the figures that have been provided, the figures have been all over the map and costs could spiral out of control. Mr. Sloop stated the new build could cost tax payers an extra $ 1,000 per year in real estate taxes, and feels this is excessive. Mr. Sloop stated our incomes stay fixed but our taxes continue to rise and urged council to take a step back and be more intentional in seeking out more community input. Mr. Sloop stated we City of Harrisonburg Page 9 Printed on 6/20/2017 City Council Meeting Minutes - Final May 23, 2017 must live within our means and our city leaders must do the same thing and feels that more and more people will move out of the city if the taxes increase as projected. Martin Beck, 1052 Meadowlark Drive stated he is a junior at HHS and although he does not have statistics to back himself up, he would like to argue briefly for the construction of a new high school. Mr. Beck stated he wrote an article in the high school newspaper about overcrowding two years ago and since then the population has increased and the occupancy of the high school is far past what the architect of HHS specified as the maximum occupancy. Mr. Beck stated that between classes it is not uncommon to see students stumbling over one another, pressed against walls, his algebra class had 50 students, which is too large and consequently students were not engaged in the content or confused because one teacher could not adequately instruct that number of students at one time. Mr. Beck stated such a high occupancy of sweaty pubescent bodies causes agitation, fights break out, school spirit is lowered and instruction is disrupted. Mr. Beck stated HHS provides so many resources for low income families and for those with difficult home lives school. Mr. Beck stated schools serve as a sanctuary of peace and community. Mr. Beck stated for those that state the low income families would be disadvantaged by the tax increase, he urges council to consider that a new high school would mean the aid could be provided to its students and their families. Mr. Beck stated we are sympathetic to the financial disadvantage but he encourages the community to place a little bit of bread in your neighbors bowl. Michael Graham, resident, stated the former high school was sold to JMU for a song, the building was viable or else JMU wouldn't have been interested. Mr. Graham called up a former school board member to share his ideas. Jerry Scripture, 1756 Heritage Estate Circle, stated Dean said it best when he said that it isn't the structure that is important in education, and he feels offended that the city spent as much as was spent for the new elementary school which looks like a monument to something, and has heard it may be the most expensive school in the state. Mr. Scripture stated when the city is trying to keep the costs under control and keep the tax base reasonable taxpayers deserve to know what options are being reviewed frugally and not throwing money at monuments. Mr. Scripture stated in his opinion great results come from our schools from inspired teachers; he would take funds spent on the preschool program, which is not mandated, and use the campus for mandated purposes, and provide bonuses for inspired teachers. Mr. Scripture stated he would tell the school board to come back with other options, and although there is some urgency to the project, a little crowding for a little longer will not kill anyone. Mr. Scripture stated there must be more affordable options, he has seen a lot of houses selling in the county, we don’t have the only good schools in the area, good schools come from inspired teachers, our teachers should be rewarded and worry less about the sticks and bricks. Steve Barranco, 1561 Gilmer Circle, thanked council for the opportunity to speak City of Harrisonburg Page 10 Printed on 6/20/2017 City Council Meeting Minutes - Final May 23, 2017 and stated he feels this is an important discussion and this conversation needs to be put into perspective. Mr. Barranco stated he has lived in the city for 16 years, watched the city grow, new roads and new restaurants, we have seen the city grow exponentially while also reaping the benefits. Mr. Barranco stated he has watched council support the growth, never once hearing about the impact of the tax base when the new transportation center was built or as new roads are being built and improved upon. Mr. Barranco stated it seems that tax impacts are only discussed when talk about a new school being built arises. Mr. Barranco stated he finds that disturbing, council has a lot of fiscal responsibilities, and bottom line is that council spends a lot of money and we continue to pay for it and it ’s not just the schools causing the increase, it’s all the other growth council supports. Mr. Barranco stated putting the entire burden of the tax increase on the schools is at best disingenuous and at worst intentionally deceptive. George Pace, 503 Fairway Drive, previous council member, stated he represents the 50% of the city budget that's not dedicated to education. Mr. Pace encouraged council to review the capital needs of the other city departments over the next 5-10-15 years and based on that assessment and the city’s existing and future debt structure, communicate to the school board what is affordable. Mr. Pace stated he feels it is time for council to take control and push back and say what the city can afford. Barbara Reisner, 17 year resident of Old Town and a member of the High School Space Study Committee, stated she is speaking as a mom of a 6th grade student in the city school system. Ms. Reisner stated the committee gave a lot of thought to what they did, considering lots of options seriously, and the cost of new schools was not taken lightly. Ms. Reisner stated the committee presented the findings to the school board, with a new school recommendation, and is now pending a school board vote. Ms. Reisner stated the capacity at HHS is 1,350 students and the current enrollment is 400 over capacity. Ms. Reisner stated she toured the high school and saw it literally bursting at the seams. Ms. Reisner noted Harrisonburg is one of the top fastest growing cities in the state, and this trend is predicted to continue. Ms. Reisner noted 90 students are added each year and she expects that trend to continue as well. Ms. Reisner reviewed the expected over capacity as the 6th and 7th graders reach high school, and stated if another option was chosen they would be at capacity the moment they open. Ms. Reisner stated the committee decided it was not a viable option to go with any of the other options, building is cheaper now, interest rates are going up, and feels building now is important. Tom Domonoske, 461 Lee Avenue, former school board member, stated he was surprised by things that were said tonight, and wanted to let council know the school board has been looking at the overcrowding of the high school since 2015. Mr. Domonoske stated there have been a series of meetings in which he was involved in where plans that were brought to council, returned to school board for more work, and then the creation and work of he space committee. Mr. Domonoske suggested any idea that something hasn’t been looked at or rushed is City of Harrisonburg Page 11 Printed on 6/20/2017 City Council Meeting Minutes - Final May 23, 2017 not rooted in all the work the school board has done. Mr. Domonoske feels that many comments directed tonight should have been directed to the school board as the school board has information that is made available as to what has been reviewed. Mr. Domonoske stated this is an urgent problem, the high school has been overcrowded since 2015 and Weldon Cooper numbers show that the growth will continue. Mr. Domonoske stated he appreciates the time spent on this by council and the difficult decision they have to make. Zack MacDonald, 1941 Buttonwood Court stated he would like to echo things the past few speakers have said. Mr. MacDonald stated he is a 2007 HHS alum and remembers in 2007 being in English class and the teacher saying we are overcrowded, we need a new high school and now 10 years later nothing has been done. Mr. MacDonald stated this needs to stop, action is needed, and can ’t imagine what it is like now in the high school. Mr. MacDonald stated the other options have been unanimously rejected by a committee of 25 people as they were just a band-aid not a solution, trailers are ugly, they smell bad, they are exposed to the elements and not conducive to an educational environment. Mr. MacDonald stated creating a junior high has been roundly rejected by contemporary education specialists, again, band-aid solutions. Mr. MacDonald stated the city needs to make a smart investment, and consider the tax hikes on low/fixed income earners as it will be a manageable burden for most people. Mr. MacDonald stated we want to bring more people into the city for tax revenue, and the way they will do that is by taking a close look at our schools. Mr. MacDonald stated we need leadership now for the future of our city, and feels an annex would not be fiscally responsibile or good leadership, it would be myopia. 10.b. City Council and Staff Council Member Jones stated a traffic check point on the corner of Hawkins Street and noted negative chatter on social media, and stated there was a discussion/accusation that the city was possibly targeting the north east neighborhood with the use of said check point. Council Member Jones stated he reached out to the city manager and chief of police and thanked them for preparing reports showing a variety of check points in a variety of areas over the last three years as well as a recap of a successful check point. Council Member Jones stated he will try to respond to those citizens via social media, and if anyone would like to discuss the report with him, he is always in council chambers the second and fourth Tuesday of each month at lunch for Community Conversations . Council Member Jones also asked that anyone with a concern should bring it to council’s attention rather than posting on social media. Council Member Jones noted some questions have been raised regarding the city manager hiring process, he appreciates the community asking if council was ensuring that the diversity policy instituted will be applied, and stated of course it will be. Council Member Jones noted answers to other questions asked would not be applicable until further along in the hiring process. Council Member Jones stated council is asking for feedback on the Anicira and the SPCA issues and in City of Harrisonburg Page 12 Printed on 6/20/2017 City Council Meeting Minutes - Final May 23, 2017 regards to climate change and sustainability, he has seen some good things done in Roanoke and Blacksburg, which he will follow up with and research. Council Member Jones noted the group Renew Rocktown shared an invitation exteended by the sustainability coordinator for Roanoke who is willing to come to Harrisonburg and speak on the topic of sustainability. Council Member Jones applauded the students for their presentations. Council Member Jones stated the high school is obviously overcrowded, and this subject should have been started in 2011, and the land issue needs to be discussed and instructions given to the city manager and staff to start working with the school board so that if the new high school passes approval of council, we have an idea of how much land would cost. Council Member Jones stated he feels movement needs to happen in order to find land so it can be added to option three that has come from the Space Committee to see a more accurate budget projection. Mayor Reed stated a motion does not need to be made, a joint meeting will be held with the school board in June and the school board hasn ’t presented anything to council yet, and until that happens, no decision can be made by council. Vice Mayor Baugh stated the point Council Member Jones made is valid, in order to evaluate option three the land issue must be included. Vice Mayor Baugh agreed with the Mayor, stating taking input on a report that hasn ’t been made yet is somewhat problematic. Vice Mayor Baugh stated this is something to be mindful of that if council is to be reasonably prompt in trying to assess what is asked this will eventually need to be done. Council Member Byrd stated usually in the past the school board has been very adamant that they are in charge of finding the land, so is this one of their functions that should be required as they come with option three. Council Member Byrd stated he would be more than happy for council to take this up, but doesn ’t want to duplicate efforts. City Manager Hodgen stated the last time this type of project was done, it was a bit more unique, as the city had unavailable property, and council was trying to control costs, but prior to that project the school board always brought land proposals/options to consider before any actions were taken. Council Member Jones stated we cannot buy a school if we do not know the cost of the land; therefore, options cannot be reviewed unless an adequate piece of land is available at the right price. Vice Mayor Baugh suggested the school board be asked if they want council to be proactive in finding sites or if the school board prefers to do it with the thought that reviewing a proposal without the information regarding land will be very difficult to evaluate. City of Harrisonburg Page 13 Printed on 6/20/2017 City Council Meeting Minutes - Final May 23, 2017 Mayor Reed stated she thought that would be a conversation jointly between city council and the city school board. Council Member Jones stated that is fine to have that conversation on June 8, 2017, but attendees of that meeting will be expecting council to make a decision without all the information needed to make that decision. Council Member Byrd stated that is why there is still additional information needed. Council Member Hirschmann stated that is the conversation council is looking for. Council Member Jones reiterated that the city manager and school board needs to work together to present land options so that the next group of citizens that come to speak to council can speak intelligently and council can review potential project costs more intelligently. City Manager Hodgen stated the city does always reserve the unpopular but legally defensible option of eminent domain for school purposes, which provides us some extra time. Consider following the States lead and enact July 3, 2017 as a holiday for city Vice Mayor Baugh stated it had come to his attention the governor decided to offer state employees July 3, 2017 as part of the July 4th holiday and questioned if the city is willing to do the same thing, and to do so however requires an action by this body. City Manager Hodgen stated the employees that would have to work whether it is a holiday would have to work regardless and even though the city did move away from following the state holiday schedule ten years ago, there have been instances where we followed what was recommended for state employees and other times we haven’t. Vice Mayor Baugh would like to see this happen. A motion was made by Vice Mayor Baugh, seconded by Council Member Hirschmann, to follow the States lead and consider July 3, 2017 a holiday for city employees. The motion carried with a recorded roll call vote taken as follows: Yes: 5- Mayor Reed, Vice-Mayor Baugh, Council Member Byrd, Council Member Jones and Council Member Hirschmann No: 0 City Council and Staff continued Vice Mayor Baugh received an email from a citizen regarding a potential solution for traffic issues in the Vine Street area and discussed the matter with the city manager who indicated he would be more comfortable that this issue wasn ’t just something coming from one council member, and suggested council forward their concerns to the Traffic Safety Committee and ask them to take a look at it. Council Member Byrd congratulated JMU Women’s Softball on a wonderful season, which brought a lot of national publicity. Mayor Reed noted June 8, 2017 at 7:00 p.m. will be a joint school board/city City of Harrisonburg Page 14 Printed on 6/20/2017 City Council Meeting Minutes - Final May 23, 2017 council meeting; if you travel or live along E. Washington Street be sure to pay attention to the new pavement markings that are being installed, bike lanes will be installed along with new parking restrictions; on Thursday May 25, 2017 from 5:00 p.m. to 7:00 p.m. in the Grand Room at the Massannutten Regional Library, city representatives will present information on current tree canopy coverage in the city and invite the community to share ideas for improving the city ’s stormwater efforts through tree canopy enhancement, protection and restoration; City Offices will be closed on Monday, May 29, 2017 for Memorial Day, refuse for Monday will be collected on Tuesday, May 30, 2017; Community Cook Out will be held on Saturday, June 10, 2017 from 1:00 p.m. to 5:00 p.m. at Ralph Sampson Park to kick off the summer, additional information can be found at www.harrisonburgva.gov. 11. Boards and Commissions 11.a. Economic Development Authority A motion was made by Council Member Byrd, seconded by Vice Mayor Baugh, to reappoint Roger Baker to the Economic Development Authority. The motion carried with a unanimous voice vote 11.b. Blue Ridge Community College Board of Trustees A motion was made by Council Member Byrd, seconded by Vice Mayor Baugh, to reappoint Frank Tamberinno to the Blue Ridge Community College Board of Trustees. The motion carried with a unanimous voice vote. 12. Adjournment At 9:20 p.m., there being no further business and on motion adopted, the meeting was adjourned. ________________________ ________________________ DEPUTY CITY CLERK MAYOR City of Harrisonburg Page 15 Printed on 6/20/2017

Agenda

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Agenda - Final City Council Mayor Deanna R. Reed Vice-Mayor Richard A. Baugh Council Member Ted Byrd Council Member George Hirschmann Council Member Christopher B. Jones Tuesday, May 23, 2017 7:00 PM Council Chambers 1. Roll Call 2. Invocation 3. Pledge of Allegiance 4. Special Recognition 4.a. Chesapeake Bay Awareness Week Attachments: Proclamation 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. City Council Minutes from May 9, 2017 Attachments: Minutes 5.b. Consider amending and re-enacting Section 5-2-35 - Fire Chief: Appointment; duties; term of office and enacting Section 5-2-41 - Powers and duties of fire marshal; assistants. Review & The amendment to Section 5-2-35 and the new Section 5-2-41 update the language to Recommendation: be consistent with the City's current practice and the language of the Code of Virginia regarding the powers and duties of the Fire Chief, in his or her capacity as the City's appointed fire marshal, and the authority to appoint one (1) or more assistant fire marshal(s).. Attachments: Memorandum Current ordinance 5-2-35 reflecting recommended amendments Proposed Ordinance 5-2-41 5.c. Consider a supplemental appropriation for the Police and Fire Departments in the amount of $225,859 Review & The Police and Fire Departments have been awarded several grants throughout the Recommendation: course of the year. This supplemental appropriation will place the funds into the respective budget departments for the Police and Fire Departments. City of Harrisonburg Page 1 Printed on 5/17/2017 City Council Meeting Agenda - Final May 23, 2017 Attachments: Memorandum Supplemental Appropriation 5.d. Consider a request from Sunrise Church of the Brethren with representative Curtis Joiner to rezone four parcels zoned R-3, Medium Density Residential District to B-2C, General Business District Conditional, on property located at 1476 & 1486 South Main Street. Review & Planning Commission recommended approval (5-2) of the R-3 to B-2C rezoning Recommendation: request on the 0.52 +/- acre site identified as tax map parcels 11-C-12 through 15. Attachments: Memorandum Extract RZ 1476 S Main St R-3 to B-2C Site Maps Application and supporting documents Surrounding Property Owners Notice Presentation 5.e. Consider a request from Davis Mill, LLC, Mary L. Shifflett, and Brent Mumbert with representative Blackwell Engineering to rezone a 4.34 +/- acre area zoned R-3, Medium Density Residential District to R-5C, High Density Residential District Conditional on property located at 2465, 2485, 2511, and 2521 Reservoir Street, and 2401, 2402, and 2408 Clubhouse Court. Review & Planning Commission recommended approval (7-0) of rezoning request from R-3 to Recommendation: R-5C for the property identified as tax map parcels 81-A-7, 9, 10, 11 and a portion of 81-E-7. Parcel 81-E-7 is split-zoned and if the request is approved, the entire lot would be zoned R-5C. Attachments: Memorandum Extract RZ Campus View R-3 to R-5C Site maps Application and supporting documents Proposed site development layout Public comment Public Hearing Notice Surrounding Property Owners Notice Presentation 5.f. Consider amending and re-enacting Section 11-1-11 of the Building Code Regulations - Fees for Permits Review & The amendment is associated with fees for building, electrical, mechanical, plumbing, Recommendation: and related permits. The amendment does not add, remove, increase, or decrease existing fees but rather inserts the fee schedule for such permits into the Code rather than relying on the City's approval of the annual appropriation ordinances to demonstrate each fee. City of Harrisonburg Page 2 Printed on 5/17/2017 City Council Meeting Agenda - Final May 23, 2017 Attachments: Memorandum Current ordinance reflecting proposed amendments Extract of October 25, 2011 City Council Minutes Existing Permit Fee Schedule Presentation 6. Public Hearings 7. Regular Items 7.a. 2017 Service Learning Program presentation Review & The Service Learning project teams will be presenting on the culmination of their work Recommendation: with city departments. In 2017 Harrisonburg High School students worked on projects involving Public Transportation, Fire, Community Development and Parks and Recreation. Attachments: Memorandum 7.b. Consider a resolution approving and ratifying the Real Estate Purchase Agreement between the City of Harrisonburg and James Madison University for the conveyance of 1630 Driver Drive Review & Approval of a resolution approving and ratifying the Real Estate Purchase Agreement Recommendation: between the City of Harrisonburg and James Madison University (JMU) for the conveyance of 1630 Driver Drive. Attachments: Memorandum Resolution Real Estate Purchase Agreement 8. Special Event Application Requests 8.a. Consider a special event application request for Shenandoah Valley Pride Festival (SVPF) to be held on Saturday, July 22, 2017 Review & SVPF will be held on Court Square, drawing 2,000 to 3,000 attendees, Public Works Recommendation: will close the roads around Court Square, except Main Street. Harrisonburg Police Department will provide road closure support. The organizers have been informed they must notify surrounding businesses, churches, and offices. The organizers will provide water and a cooling station for attendee. Attachments: Memorandum Application Map Certificate of Insurance Endorsement SVPA_501c3 (1) 9. Supplementals 9.a. Consider a supplemental appropriation for the Harrisonburg City School division in City of Harrisonburg Page 3 Printed on 5/17/2017 City Council Meeting Agenda - Final May 23, 2017 the amount of $329,500 Review & This supplemental appropriation is the result of additional federal and other grant Recommendation: revenue awarded to the school division's School Nutrition Fund. No additional local dollars are required from the city. Attachments: Memorandum Supplemental Appropriation School Finanace Director Memorandum 10. Other Matters 10.a. Comments from the public, limited to five minutes, on matters not on the regular agenda. (Name and address are required) 10.b. City Council and Staff 11. Boards and Commissions 11.a. Economic Development Authority Review & There is one term that expired on April 24, 2017. The deputy city clerk has contacted Recommendation: the member whose term expired to see if they are still interested in serving which, Roger D. Baker, is interested in serving again. Mr. Baker will have completed his first term of service. Mr. Baker's application is attached. At this time there are no other applications on file. Attachments: Reappointment Application 11.b. Blue Ridge Community College Board of Trustees Review & There is upcoming term expiration on June 30, 2017. The deputy city clerk has Recommendation: contacted the member whose terms expires to see if he is still interested in serving which, Frank Tamberrino, is interested in serving again. Mr. Tamberrino will have completed his first term of service. His application is attached. At this time there are no other applications on file. Attachments: Reappointment application 12. Adjournment City of Harrisonburg Page 4 Printed on 5/17/2017

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