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City Council

Regular Meeting

Harrisonburg, VA · May 14, 2019

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Minutes

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Minutes - Final City Council Tuesday, May 14, 2019 7:00 PM Council Chambers 1. Roll Call Present: 4- Mayor Deanna R. Reed, Vice-Mayor Sal Romero, Council Member Richard Baugh and Council Member Christopher B. Jones Absent: 1- Council Member George Hirschmann Also Present: 4- City Manager Eric Campbell, City Clerk Pam Ulmer, City Attorney Chris Brown and Police Chief Eric English 2. Invocation Mayor Reed offered the invocation. 3. Pledge of Allegiance Mayor Reed led the Pledge of Allegiance 4. Special Recognition 4.a. Proclamation recognizing the Northeast Neighborhood Association of Harrisonburg, Virginia Mayor Reed presented a proclamation to Karen Thomas, president of the Northeast Neighborhood Association (NENA) recognizing NENA and all their accomplishments. 4.b. Proclamation recognizing the week of May 12 through May 18, 2019 as National Police Week Mayor Reed presented a proclamation to Chief Eric English recognizing May 15, 2019 as Peace Officers’ Memorial Day and the week in which May 15th falls as National Police Week. 4.c. Proclamation recognizing May 18th, 2019 as Kids to Parks Day Mayor Reed presented a proclamation recognizing May 18, 2019 as the 9th Kids to Parks Day. 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 of Harrisonburg Page 1 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 A motion was made by Council Member Baugh, seconded by Vice Mayor Romero, to approve the consent agenda as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Romero, Council Member Baugh and Council Member Jones No: 0 Absent: 1- Council Member Hirschmann 5.a. Minutes from April 23, 2019 City Council Meeting These Minutes wer approved on the Consent Agenda 5.b. Consider adopting an ordinance granting a franchise to provide cable service within the City of Harrisonburg This PH-Ordinance was approved on second reading 6. Public Hearings 6.a. Consider a request from Nereo G. Gomez with representative Paloma Saucedo for a special use permit to allow a major family day home in the R-1, Single-Family Residential District, on a 13,965 +/- sq. ft. property, addressed as 1447 Springside Drive. Adam Fletcher, director of Planning and Community Development, presented a special use permit request to allow for a major family day home located at 1447 Springside Drive. He stated the property is zoned R-1 single family residential as is most of the surrounding neighborhood. He reviewed the difference between minor family day home and major family day home. He stated the applicant plans on operating the day home between the hours of 7:00 am and 5:30 pm, Monday through Friday, plans to follow the Harrisonburg City Public Schools calendar, and plans to have two additional providers on site. He noted the two-step process that the applicant has to go through to get their permissions to be a major family day home : city’s zoning approval and the Virginia Department of Social Services Child Day Care certifications and licensing. He stated staff had no concerns offering a favorable recommendation to the Planning Commission. Planning Commission voted unanimously (7-0) to recommend in favor to council. Vice Mayor Romero stated he received a phone call from a resident who had concerns about driveway obstruction. He stated that was addressed during Planning Commission meeting and just wanted to advise the rest of council of that concern. At 7:14 p.m., Mayor Reed closed the regular session and called the first public hearing to order. A notice appeared in the Daily News-Record on Monday, April 29, City of Harrisonburg Page 2 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 2019 and Monday, May 6, 2019 Pamela Houck, child care specialist of Child Care Aware Piedmont District, as well as an operator of the Shenandoah Valley Child Development Center who is the applicant’s closest competitor. She stated we welcome the applicant as there is a deficit of care in the area especially bi-lingual care. She stated this is a blessing to the diverse community of Harrisonburg. Rebecca Barge stated she fully supports the daycare as there is a huge need for these services, the applicant is bilingual, and will provide quality loving care. Paloma Saucedo, applicant, asked if council had any questions. She stated this project has been in the works for over a year to prepare the house, understands the concern of some neighbors regarding parking and traffic and will ask the parents to minimize the time of drop-offs and pick-ups which will be staggered as well. She stated they don't plan on having full capacity right away. At 7:17 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Council Member Baugh stated the general public hears about us approving special use permits, zoning requests etc., but these are not carved in stone. He stated he is confident that all the parties will work together, but if there are problems council can always revisit this. A motion was made by Vice Mayor Romero, seconded by Council Member Baugh, to approve the request as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Romero, Council Member Baugh and Council Member Jones No: 0 Absent: 1- Council Member Hirschmann 6.b. Consider a request from Gardner Investment LLC for a special use permit to allow building material sales and storage yards, contractors equipment sales and storage yards and other similar uses, provided they are served by a permanent building facility unless clearly incidental to an existing building on a 4.2 +/- acre property addressed as 3320 South Main Street. Adam Fletcher, director of Planning and Community Development, presented a special use permit request for property located at 3320 South Main Street to allow building material sales and storage yards, contractor equipment sales and storage yards, and other similar uses provided they are served by a permanent building facility. He stated the property is zoned B-2 and reviewed the property boundaries. He reviewed the surrounding properties and noted the site itself is a non -conforming operation which was brought to staff’s attention when they applied for a building City of Harrisonburg Page 3 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 permit. He stated approving the special use permit would allow the applicant to move forward with the building permit, and permission to make other further improvements to the property without any concerns about being limited from future additions or improvements to the site. He stated this property falls within the Comprehensive Plan’s designations for gateways and corridor enhancement areas, and staff offered a recommendation of approval of the request with the condition that storage in the area not be without being in an enclosed covered structure. He stated Planning Commission voted unanimously (7-0) to recommend in favor to council with said condition. Council Member Jones asked if the applicant was ok with the recommended condition. Mr. Fletcher stated the applicant had no reservations with the condition. At 7:24 p.m., Mayor Reed closed the regular session and called the second public hearing to order. A notice appeared in the Daily News-Record on Monday, April 29, 2019 and Monday, May 6, 2019 Todd Gardner, Jr., member of Gardner Investment, LLC (applicant) and president of Glass and Metals, stated he has no issues with storing materials under cover and it will not hinder profitability. Council Member Jones stated he appreciates his business being there and hopes more will come. Pamayotis “Poti” Giannakaouros, stated at a time when there are so many concerns about the environment, emissions, ecology, economics, and how our city will develop, he is concerned that we spend so much time and effort thinking about appearances, which are in the eye of the beholder. He stated he hopes going forward council will think more carefully about the guidance we give staff as to where they are placing their time and effort. At 7:26 p.m., Mayor Reed closed the public hearing and the regular session reconvened. A motion was made by Council Member Jones, seconded by Vice Mayor Romero, to approve the request for a special use permit with the stated condition. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Romero, Council Member Baugh and Council Member Jones No: 0 Absent: 1- Council Member Hirschmann 6.c. Public hearing regarding the real estate tax rate for Fiscal Year 2019-2020 to be set at $0.86 per $100 of assessed value Larry Propst, finance director, presented a request to set the Fiscal Year 2019-2020 Real Estate Tax rate. He stated this was advertised and pursuant to State Code, anytime an increase in assessment is one percent or higher a public hearing must be City of Harrisonburg Page 4 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 held. He stated the advertised rate is $0.86 which is one cent higher from this year’s budget. He stated staff is recommending approval. At 7:27 p.m., Mayor Reed closed the regular session and called the third public hearing to order. A notice appeared in the Daily News-Record on Saturday, April 13, 2019. Carolyn Cobb, resident, asked council if during the decision to raise the property taxes every year are they are taking into consideration the elderly people on fixed incomes. She stated it takes every income they get to pay their bills and the increase in taxes creates a huge burden. Julia Davis, resident, stated on the topic of tax dollars, a group exists in the city whose expressed purpose is to hunt down, kidnap and traffic members of our community . She stated in the last two years alone this group has been responsible for 15 deaths across the country including children and faces more than 1,000 allegations of sexual abuse. She stated this group has a well-documented history of locking up pregnant women, children, mothers and fathers, in cages, separated from one another, giving them food that is unsafe to eat and withholding critical medical care leading up to the final terror of deportation. She stated in Harrisonburg, between October 2014 and May 2018 this group terrorized 195 local families with detention, separation, and deportation. She stated by any other name the Federal Immigrations and Custom Enforcement Agency (ICE) should be understood for what they are: Domestic Terrorists, funded with our tax payer dollars. She stated last week we learned that without any opportunity for public hearing or a vote by City Council this group is posed to expand their base in our community. She stated while the plans for the intended destination includes the same number of cages, the people of Harrisonburg and Rockingham County have no illusions about what ICE is or what they are planning to do. She stated while City Council does not have the authority to prevent the construction of this expanded transitional detention center council does have a role to play in allocating funding, our taxpayer dollars, to the facility which, under its current administration, goes out of its way and beyond the reach of the wall to support ICE ’s policies of terror. She stated according to many, Sheriff Hutcheson is in violation of the Fourth and Fourteenth Amendments to the Constitution in holding members of our community without probable cause and due process of law. She stated council plans to arm this man with over $2M in funding of our taxpayer dollars so that he may continue to collaborate in the terrorizing of our community. She stated on behalf of herself and 400 individuals, they have pledged a commitment to demanding an end to local collaboration with ICE, and asks council to refuse to allocate our tax payor dollars to fund Harrisonburg Rockingham Regional Jail unless and until they end their illegal unconstitutional and immoral collaboration with ICE. Pamayotis “Poti” Giannakaouros, resident, stated after the last comment, he would ask that the 1/3rd of a million dollars spent on a city attorney’s office and the large amount spent on the Community Development Department, be redirected to shield City of Harrisonburg Page 5 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 and shelter some of these vulnerable people in our community. At 7:33 p.m., Mayor Reed closed the public hearing and the regular session reconvened. Vice Mayor Romero stated when these decisions are made we do keep in mind all the residents of the city, and he wants to figure out ways to help protect those at risk and on a fixed income. Council Member Jones stated he is saddened that $288,000 needed to fund non-profit organizations such as 4H, Harrisonburg Rockingham Daycare, CASA, Salvation Army, etc., through the Community Contributions Program, seem to never garner up enough votes to add or make any significant changes to that program. He stated he wants to apologize to those organizations that did not receive funding and hopes we end up with some sort of surplus at the end of this fiscal year to distribute to those organizations. He believes these organizations prevent the jails from getting fuller and meet needs we don't see every day. He hopes we can figure out a way to help those organizations. He stated after talking to the city attorney we have a legal obligation to fund the jail, Sheriff and court system. He stated the county is the fiscal agent, and we do not have a line item for just for the sheriff, who holds an elected position. He stated those wanting change should put all the energy towards finding someone to run against him, that is how change is made. Council Member Baugh stated during the recent council budget work session Community Contributions were heavily discussed. He stated while there was spirited debate, there was consensus that the process needs to change, and he feels there is a commitment to do that. He stated our exemptions of real estate taxes for the elderly and disabled may have fallen a little bit behind, but that is being looked at. He stated he agrees with the sentiment of the residents regarding ICE, but it is not Council ’s place to do anything about it, and we do not have the ability to change it. Mayor Reed stated we don't decide where the money is applied in shared services with the county, we can make our desires known, but we do not have the leverage to control the disbursement of those funds. Council Member Baugh stated as much concern as there is in the community, the person in question is on the ballet this year and no one is running against him. Council Member Jones stated even though he gives the city manager a hard time, the city manager listens and follows through. He stated some contingency funding had been spent on something he had been asking for some time, the Lucy F. Simms Center which is the city’s best auditorium, and many wanted to use it, but there was no PA system, or audio/visual equipment, and after discussing with the city manager, City of Harrisonburg Page 6 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 the project to provide those things has begun. He stated he just wanted everyone to realize that council and staff sees things that are broken and try to fix them as well. A motion was made by Council Member Baugh, seconded by Vice Mayor Romero, to approve the real estate tax increase as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Romero, Council Member Baugh and Council Member Jones No: 0 Absent: 1- Council Member Hirschmann 7. Regular Items 7.a. Harrisonburg Redevelopment and Housing Authority (HRHA) Report on addressing homelessness and affordable housing needs and request to reconsider Resolution supporting grant for housing development at 650 East Gay Street Michael Wong, executive director of Harrisonburg Redevelopment Housing Authority (HRHA), provided an update of the 2019 Point in Time Count. He outlined the United States Housing and Urban Development’s (HUD) definition of Homelessness Status, Youth Homelessness Status and Chronically Homelessness Status. He reviewed the Homeless Service Delivery service throughout the city that includes outreach, emergency shelters, permanent supportive housing, prevention, rapid -rehousing, transitional housing and a myriad of support services. He reviewed the Coordinated Entry Flow Chart which reflects how individuals are assisted in finding community based permanent housing which is ultimately the goal. He reviewed the statistic of sheltered and unsheltered individuals from 2014 to current, current statistics, the many causes of homelessness, the current demographics of the homeless, and noted 2019 reflects a decrease in available shelter beds and an increase of chronic homelessness. He reviewed the significant costs associated with chronic homelessness and noted a chronically homeless person costs the tax payer an average of $35,578 per year. Costs on average are reduced by 49.5% when they are placed in supportive housing. Supportive housing costs on average $ 12,800, making the net savings roughly $4,800 per year He reviewed the reasons why he believes the city should invest in homeless programs and how it impacts the city’s police, fire and healthcare. He reviewed some of the other localities in Virginia and the programs they offer. He reviewed the current housing needs and the income required to obtain housing, which reflects the need for more affordable housing. He reviewed the priority needs which include development of a housing plan, increased availability of permanent supportive housing, and initiating Built for Zero, which involves expanding street outreach, community resource center expansion and establishing a centralized intake process. He asked council to reconsider the East Gay Street project as they have no other options in regard to land to develop. City of Harrisonburg Page 7 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 Council Member Jones stated there is a map of property owned by the city that could be reviewed and possibly be used for public housing, as he does not want any more public housing in the northeast neighborhood. Mayor Reed stated we are not against the housing, we are against putting more in that neighborhood, and if there is land elsewhere that can be used we should discuss. Council Member Jones stated the upkeep of the units must be a priority because there have been many complaints. Mr. Wong stated there was a meeting with the staff and residents and there is a mediation plan that has been initiated to take care of the issues. Mr. Wong presented a rendering of what the housing would look like. Mayor Reed stated this could be placed anywhere in the city. Mr. Wong reviewed recommendations and strategies and stated there is a need to have a strategic plan for affordable housing and we need to come to a consensus of what affordable housing means. He stated veterans and the homeless are in critical need of assistance in the city. He stated HRHA received a $50,000 grant to be able to participate in the Built for Zero initiative, which is a nationwide initiative where 400 communities participate, including several in Virginia. He stated this program focused working to end veteran and chronic homelessness. He stated the grant funding will be used for technical assistance to set up the system for intake. He stated they also receive grant funds from the Virginia Homeless Solutions program, and funds were used to initiate a street outreach in the fall of 2018 but can only provide 10 hours per week. Mr. Wong reviewed his requests of $75,000 of funding from the city to be used towards funding the street outreach efforts, support walk-in centers and to support a centralized intake process. He stated in regard to the panhandlers, not all are homeless, but they are in an unstable housing situation. He stated the resource center is currently funded through the HRHA and through the Department of Social Services and can currently provide 20 hours a week of service. He stated accessing and getting individuals into the system is one part, but we also must expand the availability of housing. He asked council to reconsider the East Gay Street project as they have no other options in regard to land to develop. He reviewed a past quote from former Mayor Kai Degner: “When you talk about creating homelessness services and programs, you often hear the response : ‘But if you build it, they will come.’ But when you look at the statistics on homelessness, you understand that homelessness is already here. Leaving this issue unaddressed isn ’t aligned with our values - it’s not who we are as a community.” Council Member Baugh stated that at a previous council meeting, council adopted its 2022 plan in which a comprehensive housing plan priority is listed. Mayor Reed City of Harrisonburg Page 8 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 stated that was a huge part of our retreat discussions as well as being inclusive. City Manager Campbell stated after the council’s retreat he did have an in-depth conversation with Mr. Wong regarding moving forward and trying to address the issues strategically. He stated we have $100,000 for housing/homeless programs in our general fund and an additional $200,000 in the CDBG fund, so we are doing some things. He stated this is a big issue that will not solve itself and the city will have to partner with the non-profits and the business community to address resources . Mayor Reed stated she still feels there should be a HRHA council to bring more people to the table from all over the city to communicate needs and concerns. Vice Mayor Romero stated homelessness is here, it's present, it is not going to go away, and he would like to learn more on how Charlottesville has been able to commit the $5M towards this effort. He stated we are better than they are, we should be able to find a way to make those drastic changes needed. Mayor Reed stated Charlottesville had a big donor and had been working on it for over 4 years. Council Member Jones stated we need smaller lot sizes and smaller homes approved in the city to accommodate the needs and affordability. Mr. Wong stated the housing HRHA provides is housing where he would be comfortable and safe for his family and himself living there. No action taken 7.b. Presentation and request by Harrisonburg City School Board regarding approval of Interim Agreement between the School Board and Nielsen Builders, Inc. for design/build services for new high school. Michael Richards, superintendent, provided an update and request related to the project of alleviating the high school overcrowding which currently sits at 150% capacity. He stated the School Board has chosen an architectural company, Nielsen Builders, Inc., to work on designing and building the new high school and they are at the point where an Interim Agreement to continue with the project is needed. This Interim Agreement will get the project to 60% architectural drawings and a guaranteed maximum price, after which point the School Board would be able to enter into a Comprehensive Agreement to move forward with groundbreaking and building. He stated the new school would house 1,200 students during its programming capacity, and a core capacity of 1,330 students. He stated in future planning this building would be able to add classrooms to the two wings. He stated there have been discussions of numerous options such as a football stadium, natural or artificial turf field, field house, geothermal heating, cooling, solar panels, flexible and collaborative spaces as a hallmark of the building and not only the needs now but potential future needs. He requested council approve the Interim Agreement and for a supplemental appropriation request for the 2019 Capital Budget for the School Board which is over and above the FY19 capital budget in the amount of $3,335,206.00 which will take us City of Harrisonburg Page 9 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 to 60% drawings, the full planning, and guaranteed maximum price. City Manager Campbell stated to move forward, an appropriation ordinance should be brought at the next council meeting. This Action Item was received and filed. 7.c. Consider adopting the Fiscal Year 2019-2020 budget and approving the Appropriation Ordinance Vice Mayor Romero stated pursuant to Sections 2.2-3112(B)(1) and 2.2-3115(H) of the Conflict of Interest Act of Virginia, he declared for the minutes of this meeting that as a result of his employment with the Harrisonburg City Public Schools he has a personal interest in the transaction of the City’s budget as a member of a business, profession, occupation, or group of three or more persons, the members of which are affected by the transaction. He further affirmed that he is able to participate in this Council ’s consideration of the City’s budget fairly, objectively, and in the public interest. Mayor Reed stated pursuant to Sections 2.2-3112(B)(1) and 2.2-3115(H) of the Conflict of Interest Act of Virginia, she declared for the minutes of this meeting that as a result of her employment with the On the Road Collaborative, which has a contract with the Harrisonburg City Public Schools, she has a personal interest in the transaction of the City’s budget as a member of a business, profession, occupation, or group of three or more persons the members of which are affected by the transaction. She further affirmed that she is able to participate in this Council ’s consideration of the City’s budget fairly, objectively, and in the public interest. City Manager Campbell presented the appropriations ordinance enacting the FY2019-2020 Operating Budget for the city. He stated the appropriation ordinance reflected the amendments made from the proposed budget. Staff requested approval by Council. A motion was made by Council Member Baugh, seconded by Vice Mayor Romero, to approve the FY19-20 Budget and the appropriation ordinance as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Romero, Council Member Baugh and Council Member Jones No: 0 Absent: 1- Council Member Hirschmann 7.d. Consider resolution related to criminal justice system reforms City of Harrisonburg Page 10 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 Mayor Reed presented a resolution regarding criminal justice system reforms. Vice Mayor Romero stated he is pleased to make a motion for approval of this resolution, he has been transparent of his request of this resolution and after visiting the regional jail he was more convinced things need to be done. The motion was seconded by Council Member Baugh. Council Member Jones stated he was not a fan of this resolution ’s concept even though he has been working on this for 6 years. He stated he is not the type to do something as a celebratory fashion, and he likes action. He stated he does not agree with the language used for number 1 of the resolution as we have made multiple recommendations and the sheriff doesn't want to comply. He suggested an amendment be made for that item to recognize those recommendations were made previously to the Sheriff’s Department. He stated he will support the resolution if that slight change is made. Council Member Baugh stated there was a Liaison Committee meeting with James Madison University, which has now become a City, County, and JMU Liaison. He stated in that meeting his impression was that the county would not approve the resolution as presented to council. He stated if we change the wording “recommends” to “reiterates its request” the county might be more on board. Council Member Baugh asked the Vice Mayor if he would have any objections with that slight change. Vice Mayor Romero stated he would have objections as they have been working on this resolution for weeks and this is the first he has heard of the requested amendment. He stated there have been multiple conversations regarding this resolution over the past several weeks and he wants to hold true to those discussions and avoid changing without any notice or awareness. Council Member Baugh stated he was just brainstorming off a previous conversation, and he would still support the motion as it supports something he has always supported. He stated he feels a portion of the last sentence of item 1 that states “exploring options from other neighboring jurisdictions” does not strengthen the resolution and could be removed . Council Member Jones stated he and others have been working on this for the past six years and trying to make a change with recommendations. Mayor Reed asked Council Member Jones if he wanted to make the resolution stronger by changing the wording to reiterate and remove the last portion of the sentence. Council Member Jones stated that is correct and exploring neighboring jurisdictions doesn ’t really make a difference to how we want it to be in our city. Council Member Baugh stated it suggests limitations and presents itself as a reason for the resolution, which it is not . Council Member Jones agreed with Council Member Baugh and stated we shouldn ’t be charging families one dollar a day when they are already in prison and many are at or below the poverty line. Mayor Reed stated the recommended amendments do make a stronger statement. Council Member Baugh stated he withdraws his second . City attorney Brown stated technically after a second the motion belongs to the body. Council Member Baugh made a motion to amend item 1, delete the word City of Harrisonburg Page 11 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 recommends, insert the words “reiterate its request that”, remove the remainder of the sentence after the word “Jail” and then correct a typo in the third paragraph to “meaningfully”. Council Member Jones seconds the motion. Vice Mayor Romero stated the issue he has with those amendments is that we often look at our neighboring jurisdictions for best practices and feels we should be looking at how other districts are creating policies that are obviously working for them. He stated we should be able to learn from others and look beyond the perimeter of our city. Mayor Reed stated she respects his views, however, when it deals with this particular item we don’t want the one dollar a day fee at all, no matter what other jurisdictions are doing. Council Member Jones stated if someone on a state level ever saw how the city feels about it these amendments make it very clear. Vice Mayor Romero stated he has been working with members of the community on this for quite some time, and to hear of these amendments now he has some reservation as this was not what had been discussed. Further discussion took place regarding the timing and notification of the amendments between council members. Council Member Jones stated the resolution only reflects we are supporting what our citizens want; it does not change anything, as that must be done on a state level. Vice Mayor Romero disagreed, he stated this resolution means a lot to people and he has seen how these things can actually reassure people that we do care about what is happening. City attorney Brown stated there should be two votes, the first one on the proposed amendment and the second vote will be on whatever version of the resolution flows from the first vote. A motion was made by Vice Mayor Romero, seconded by Council Member Baugh, to approve the resolution. Following further discussion, a motion was made by Council Member Baugh, seconded by Council Member Jones to amend the resolution. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Romero, Council Member Baugh and Council Member Jones No: 0 Absent: 1- Council Member Hirschmann A motion was made by Council Member Baugh, seconded by Council Member Jones, to approve the amended resolution. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Romero, Council Member Baugh and Council Member Jones No: 0 Absent: 1- Council Member Hirschmann City of Harrisonburg Page 12 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 7.e. Presentation on the Interpretation Services Pilot Program City Manager Campbell informed council the information presented is for informational purposes only and is a part of the retreat vision. Amy Snider, assistant to the city manager, stated the purpose of the Interpretation Pilot Program is that by providing interpreters upon request for City Council and Planning Commission meetings the City hopes to enable residents with limited English proficiency to further engage with our City and to more easily share their perspectives with City leadership. She reviewed the top 6 languages spoken at home in the city, noting Spanish was the most common language spoken other than English and Arabic was the language with the highest percentage speaking English less than “very well”. She stated two different types of interpretation will be available: Simultaneous Interpretation and Consecutive Interpretation and provided the definitions of both . She stated this would be a one-year pilot program with services provided upon advanced request. She stated initially staff hopes the language interpretation services that will be provided will be in Spanish, Arabic and Kurdish, however, the final languages available will depend upon staff’s ability to secure qualified interpreters, and noted staff is still in the process of recruiting interpreters. She stated the hope after the end of the pilot the city will be able to expand the number of languages that the city will provide interpreters for. She stated the interpreters will be vendors, paid at $30 per hour, and staff is hoping they will all have experience using the equipment along with the minimum qualifications required. She reviewed the parameters of the program and thanked Harrisonburg City Public Schools for allowing the city to borrow its simultaneous interpretation equipment for the pilot program. She stated the start date is still to be determined and a public announcement will be made as soon as the applicant pool has been created and services are available. This Presentation was received and filed. 7.f. Consider approving Dog Park electric easements City attorney Brown stated the Parks and Recreation Department would like to have electricity added to the shelter at the Dog Park. Shenandoah Valley Electric Coop (SVEC) currently provides electricity to the soccer fields and can continue the line to the shelter at the Dog Park but two easements will be needed. Staff is requesting council approve the two easements and authorize the city manager to sign. A motion was made by Council Member Baugh, seconded by Council Member Jones, to approve the city manager to grant the two easements as presented. The motion carried with a recorded roll call vote taken as follows: City of Harrisonburg Page 13 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 Yes: 4- Mayor Reed, Vice-Mayor Romero, Council Member Baugh and Council Member Jones No: 0 Absent: 1- Council Member Hirschmann 7.g. Consider adopting an ordinance to rename the Harrisonburg-Rockingham Community Mental Health and Mental Retardation Services Board (CSB) to the Harrisonburg-Rockingham Community Service Board (CSB) and designate as an operating community services board. City attorney Brown stated the Harrisonburg Rockingham Community Services Board (CSB) is going through a financing, and the attorney assisting them discovered that even though we refer to them as the CSB their technical name is still as it was established in 1972 as the Harrisonburg Rockingham Community Mental Health and Mental Retardation Services Board. He stated this title needs to be updated by an ordinance to make it current and reflect how the CSB is referred to. He stated in 1972 City Council adopted a resolution designating the CSB as its Operating Community Services Board. He stated since then the laws have changed and require that designation to be done by an ordinance, which is also included in the language of this ordinance. A motion was made by Council Member Baugh, seconded by Council Member Jones, to approve the ordinance as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Romero, Council Member Baugh and Council Member Jones No: 0 Absent: 1- Council Member Hirschmann 8. Special Event Application Requests 8.a. Consider the Special Event application request for the Harrisonburg Holiday Parade on Friday, December 6, 2019 Erin Smith, events manager for Harrisonburg Downtown Renaissance (HDR), presented a Special Event application request for the Annual Harrisonburg Holiday Parade and Tree Lighting to be held on Friday, December 6, 2019 from 7:00 pm to 9:00 pm. She stated the event organizer, Harrisonburg Parks and Recreation Department, is requesting the closure of Court Square and Main Street from Martin Luther King, Jr. Way and Gay Street. She stated 6,000 people are expected to attend, Harrisonburg Police Department, Harrisonburg Fire Department, Harrisonburg Public Transportation Department and Public Works support is needed, and the total cost of the event is estimated to be $8,800. City of Harrisonburg Page 14 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 A motion was made by Council Member Baugh, seconded by Vice Mayor Romero, to approve the request as presented. The motion carried with a unanimous voice vote 8.b. Consider the Special Event application request for the Santa Run, Walk ‘n Roll on Friday, December 6, 2019. Erin Smith, events manager for Harrisonburg Downtown Renaissance (HDR), presented a Special Event application request for the 2nd Annual Santa Run, Walk ‘n Roll to be held on Friday, December 6, 2019 from 6:00 pm to 6:50 pm, prior to the start of the Holiday Parade. She stated the event organizer, ARC of Harrisonburg and Rockingham, is requesting the use of Main Street from Rock Street to Court Square and will coordinate with Harrisonburg Parks and Recreation Department and Harrisonburg Police Department to ensure run participates are off Main Street by 6:50 pm for a safe and successful parade start. She stated 200-250 participants are expected and noted city staff will already be on site for the Holiday Parade and will monitor the run. She noted the event organizer is responsible any applicable payments to off-duty officers. A motion was made by Council Member Baugh, seconded by Vice Mayor Romero, to approve the request as presented. The motion carried with a unanimous voice vote 8.c. Consider the Special Event application request for Block Party on Saturday, August 24, 2019. Erin Smith, events manager for Harrisonburg Downtown Renaissance (HDR), presented a Special Event application request for the Annual Block Party, to be held on Saturday, August 24, 2019 from 4:30 pm to 6:30 pm. She stated the event organizer, HDR in partnership with James Madison University is requesting the closure of Court Square and Main Street, between Rock Street and Martin Luther King, Jr. Way. She stated between 5,000 and 6,000 participants are expected to attend, support is requested from Public Works, Harrisonburg Police Department, and Harrisonburg Fire Department and the total cost of the event is estimated between $4,562.00 and $5,040.00. A motion was made by Council Member Baugh, seconded by Vice Mayor Romero, to approve the request as presented. The motion carried with a unanimous voice vote 8.d. To consider the Special Event application request for the 22nd annual Harrisonburg International Festival on Saturday, September 28, 2019. Erin Smith, events manager for Harrisonburg Downtown Renaissance (HDR), presented a Special Event application request for the 22nd Annual Harrisonburg International Festival to be held on Saturday, September 28, 2019 from 12:00 pm to 6:00 pm. She stated the event organizer, Fairfield Center, in partnership with Harrisonburg Parks and Recreation, is requesting the closure of Court Square and Main Street, between Martin Luther King, Jr. Way and Elizabeth Street as well as public and private parking lots. She stated between 12,000 participants and spectators are expected to attend, support is requested from Public Works, City of Harrisonburg Page 15 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 Harrisonburg Police Department, Harrisonburg Public Transportation, Harrisonburg Parks and Recreation Department, Community Development and Harrisonburg Fire Department and the total cost of the event is estimated between $7,040.00. A motion was made by Council Member Baugh, seconded by Vice Mayor Romero, to approve the request as presented. The motion carried with a unanimous voice vote 8.e. Consider a Special Event application request for the MAAP Fall Fling on Saturday, October 19, 2019 Erin Smith, events manager for Harrisonburg Downtown Renaissance (HDR), presented a Special Event application request for the Annual MAPP Fall Fling, to be held on Saturday, October 19, 2019 from 9:00 am to 11:00 am. She stated the event organizer, Madison Automotive Apprentices, is requesting the use of the parking lot in front of City Hall for the car show, closure of Court Square and Main Street, between Martin Luther King, Jr. Way and Elizabeth Street, as well as public and private parking lots. She stated between 60-75 participants are expected to attend, support is requested from Public Works. A motion was made by Council Member Baugh, seconded by Vice Mayor Romero, to approve the request as presented. The motion carried with a unanimous voice vote 8.f. Consider a Special Event application request for the annual Veterans Parade on Sunday, November 10, 2019 Erin Smith, events manager for Harrisonburg Downtown Renaissance (HDR), presented a Special Event application request for the Annual Veterans parade, to be held on Sunday, November 10, 2019 from 2:00 pm to 2:30 pm. She stated HDR is requesting closure of Court Square and Main Street from Martin Luther King Jr ’s. Way to Gay Street as well as public and private parking lots. She stated between 800-1,000 participants and spectators are anticipated to attend, support is requested from Public Works, Harrisonburg Police Department, Harrisonburg Fire Department and Harrisonburg Department of Public Transportation. She stated the total cost of the event is estimated to be $4,275.00. A motion was made by Council Member Baugh, seconded by Vice Mayor Romero, to approve the request as presented. The motion carried with a unanimous voice vote 9. Supplementals 9.a. Consider a supplemental appropriation for various departments in the amount of $869,639.50 Larry Propst stated the supplemental appropriation request is for grants and other reimbursements that the departments have been awarded throughout the year for a total of $869,639.50. A motion was made by Council Member Baugh, seconded by Council Member Jones, to City of Harrisonburg Page 16 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 approve the supplemental appropriation as presented. The motion carried with a recorded roll call vote taken as follows: Yes: 4- Mayor Reed, Vice-Mayor Romero, Council Member Baugh and Council Member Jones No: 0 Absent: 1- Council Member Hirschmann 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) Tom Domonoske, resident, thanked council for all of the effort they have put in the city . He thoroughly enjoys living in the city and being an active participant in our local democracy. He stated the citizen participation in council meetings has increased from the past. He stated our community lost someone last week, Mr. Quiet T Please passed away. He shared a story of how he met Mr. Please and stated he lived in a three-sided old farm shed, open on one side, missing parts of the walls on the other side, with no running water, and no electricity, for over 30 years. He stated Mr. Please taught him patience and challenged his ideas of letting people live their own lives on their own terms, even if you can’t understand how they could possibly do that. He stated many people called Mr. Please homeless, but he knew where his home was, the farm shed. Rebecca Brown, resident, stated she would love for someone to run for sheriff, she is a member of Virginia Organizing which is a bipartisan organization, they can't support a candidate but the Democratic party can. She state she feels Council can help with that. Council Member Baugh stated as a private citizen she is free to do whatever she wants. Council Member Jones stated Faith in Action and those opposed to ICE should work together to find a candidate. Ms. Brown stated she would love for that to happen, she understands having to pay the bill, but you would think we would have some influence on how those funds are spent. She asked if the city could do their own intake at the jail, instead of the Sheriff’s office, and could the city do their own release. She asked if the city could have a presence on the Jail Board and are we currently represented on the Jail Board so that our values are represented when they make decisions on policy. Pamayotis “Poti” Giannakaouros, city resident, stated he knew Mr. Peace, his bicycle was a fine piece of vintage steel and that is how he got to know him. He stated the things that have happened in the city have been rooted by the Northeast Neighborhood Association in so many ways, with the simple mission to beautify the neighborhood and reduce crime served as an anchor for so many other things. He stated the recognition to NENA was very well deserved. He stated, for those that don't stay for the end of the meetings, when a city budget is passed it doesn't mean contracts have been signed or people hired, it is just an allocation of future plans for spending funds that may or may not appear. He stated when we look at a resolution City of Harrisonburg Page 17 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 that directs the city manager to continue working with Rockingham County Administrators to develop implementation strategies in support of this, including identifying funding sources to support these efforts, such as potential inclusion of items in the FY 19-20 Budget, what he is seeing is that the city manager has, at his disposal, certain line items, some of which are labeled “Criminal Justice Planner” and “Environmental Coordinator”. He stated the task, the thing that has actually been asked, is through professional data analysis our community can make better informed decisions that would potentially reduce the incarceration rates, costs and recidivism while increasing public safety and health. He stated this is the actual goal that has been stated, and the city manager has certain sources of funding to achieve these goals. He stated at the end of the day a specific position with specific duties has not been specified in the budget, and he is hopeful that these are not middle school arguments about who’s right and who’s wrong. It tis governing the city with poignant stories and hope nationwide for how to solve these problems that was pioneered by NENA in the city. He stated he is hopeful that he will see at the end of this, is Harrisonburg’s version of a Green New Deal, that will combine what EPSAC is doing and what we are talking about here. 10.b. City Council and Staff Council Member Jones stated he hopes everyone checks out Cone with a Cop on Friday and thanked the Chief of Police and his officers for their service. Vice Mayor Romero, stated the Many Voices of Harrisonburg will be having its fourth annual event, Saturday, May 18th, 2019 from 1:00 pm - 4:00 pm at the Lucy Simms building, he is working with several organizations and this year ’s theme is Unity Through Diversity and the idea is to create a mobile mural that will be traveling around the city. He stated the unveiling of the mural will be at 1:30 pm, there will be also be cultural games, music, and a great time to meet up with people. City manager Campbell stated Bolt Scooters will be arriving in the city, he is not sure of the launch date, but he will advise council prior to the scooters arrival. He stated they will start with 100 scooters. He stated staff talked to the CSB and the city will be advertising for bonding approval in the amount of $8M to assist with their renovations. Mayor Reed stated the city clerk needs interested applicants to serve as volunteers at the City Hall Welcome Desk. Please visit the website for the application and additional information; National Police Week continues throughout the week . Participate in one of the many Coffee or Cone with a Cop being held throughout the week and join the community in showing your support for “The Blue” by decorating storefronts, window displays, etc. with blue ribbons, wreaths and lights! If you missed today’s flag ceremony, you can watch a recording of it on the Police Department ’s Facebook page. Please visit our website for more information and schedule of events; the ribbon cutting for the re-opening of Westover Pool and opening of the splash pad will be on May 20th at 6pm, after which it will officially be open for use.; City of Harrisonburg Page 18 Printed on 6/11/2019 City Council Meeting Minutes - Final May 14, 2019 mobile recycling is now underway. Visit our website to see when the mobile recycling unit will be making a stop near your neighborhood; the Parks and Rec Summer Activity Guide is now out. Make sure to get a copy or find it at our website to see what programs are available this summer for all ages; there are still plenty of spots available to sign up for the Harrisonburg Police Foundation Adventure Race, being held on June 22; City Hall will be closed on Monday, May 27, for Memorial Day; and a belated Happy Mother’s Day to all our mothers; and congratulations to all our local graduates. Mayor Reed stated she will be participating in the inaugural Mayor ’s Bike Ride on Saturday, May 18, 2019 at 10:00 am, sponsored by the Shenandoah Valley Bicycle Coalition. 11. Boards and Commissions 12. Closed Session 13. Adjournment ADJOURNMENT: At 9:47 p.m., there being no further business and on motion adopted, the meeting was adjourned. ________________________ ________________________ CITY CLERK MAYOR City of Harrisonburg Page 19 Printed on 6/11/2019

Agenda

409 S. Main Street City of Harrisonburg Harrisonburg, VA 22801 Meeting Agenda - Final-revised City Council Tuesday, May 14, 2019 7:00 PM Council Chambers 1. Roll Call 2. Invocation 3. Pledge of Allegiance 4. Special Recognition 4.a. Proclamation recognizing the Northeast Neighborhood Association of Harrisonburg, Virginia Attachments: Proclamation 4.b. Proclamation recognizing the week of May 12 through May 18, 2019 as National Police Week Attachments: Proclamation 4.c. Proclamation recognizing May 18th, 2019 as Kids to Parks Day 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. Minutes from April 23, 2019 City Council Meeting Attachments: Minutes 5.b. Consider adopting an ordinance granting a franchise to provide cable service within the City of Harrisonburg Attachments: Memorandum Agreement Map Proposed ordinance PowerPoint presentation 6. Public Hearings City of Harrisonburg Page 1 Printed on 5/13/2019 City Council Meeting Agenda - Final-revised May 14, 2019 6.a. Consider a request from Nereo G. Gomez with representative Paloma Saucedo for a special use permit to allow a major family day home in the R-1, Single-Family Residential District, on a 13,965 +/- sq. ft. property, addressed as 1447 Springside Drive. Attachments: Memorandum Extract Site Maps Application, applicant letter and supporting documents Letter of suport Public Hearing Notice Surrounding Property Owners Notice PowerPoint presentation 6.b. Consider a request from Gardner Investment LLC for a special use permit to allow building material sales and storage yards, contractors equipment sales and storage yards and other similar uses, provided they are served by a permanent building facility unless clearly incidental to an existing building on a 4.2 +/- acre property addressed as 3320 South Main Street. Attachments: Memorandum Figure 1: Special User Permit Condition Extract Site Maps Application, applicants letter, and supporting documents Public Hearing Notice Surrounding Property Owners Notice PowerPoint presentation 6.c. Public hearing regarding the real estate tax rate for Fiscal Year 2019-2020 to be set at $0.86 per $100 of assessed value Attachments: Memorandum Public Hearing Notice 7. Regular Items 7.a. Harrisonburg Redevelopment and Housing Authority (HRHA) Report on addressing homelessness and affordable housing needs and request to reconsider Resolution supporting grant for housing development at 650 East Gay Street Attachments: Resolution PowerPoint presentation City of Harrisonburg Page 2 Printed on 5/13/2019 City Council Meeting Agenda - Final-revised May 14, 2019 7.b. Presentation and request by Harrisonburg City School Board regarding approval of Interim Agreement between the School Board and Nielsen Builders, Inc. for design /build services for new high school. Attachments: Interim Agreement Resolution - Interim Agreement for New Second High School - 5-7-2019.pdf 7.c. Consider adopting the Fiscal Year 2019-2020 budget and approving the Appropriation Ordinance Attachments: Memorandum Apppropriation Ordinance Changes to the Proposed Budget Worksheet 7.d. Consider resolution related to criminal justice system reforms Attachments: Resolution 7.e. Presentation on the Interpretation Services Pilot Program Attachments: Memorandum PowerPoint presentation 7.f. Consider approving Dog Park electric easements Attachments: Memorandum Electric Easement 1 Electric Easement 2 7.g. Consider adopting an ordinance to rename the Harrisonburg-Rockingham Community Mental Health and Mental Retardation Services Board (CSB) to the Harrisonburg-Rockingham Community Service Board (CSB) and designate as an operating community services board. Attachments: Proposed ordinance 8. Special Event Application Requests 8.a. Consider the Special Event application request for the Harrisonburg Holiday Parade on Friday, December 6, 2019 Attachments: Memorandum Application 8.b. Consider the Special Event application request for the Santa Run, Walk ‘n Roll on Friday, December 6, 2019. Attachments: Memorandum Application City of Harrisonburg Page 3 Printed on 5/13/2019 City Council Meeting Agenda - Final-revised May 14, 2019 8.c. Consider the Special Event application request for Block Party on Saturday, August 24, 2019. Attachments: Memorandum Endorsement COI Application 8.d. To consider the Special Event application request for the 22nd annual Harrisonburg International Festival on Saturday, September 28, 2019. Attachments: Memorandum Application 8.e. Consider a Special Event application request for the MAAP Fall Fling on Saturday, October 19, 2019 Attachments: Memorandum Application 8.f. Consider a Special Event application request for the annual Veterans Parade on Sunday, November 10, 2019 Attachments: Memorandum Application Endorsement COI - City of Harrisonburg COI - County of Rockingham 9. Supplementals 9.a. Consider a supplemental appropriation for various departments in the amount of $869,639.50 Attachments: Memorandum Supplemental Appropriation 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 12. Closed Session 13. Adjournment City of Harrisonburg Page 4 Printed on 5/13/2019 City Council Meeting Agenda - Final-revised May 14, 2019 City of Harrisonburg Page 5 Printed on 5/13/2019

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