Harrisonburg City Council Meeting – May 28, 2024

The Harrisonburg City Council met on Tuesday, May 28, 2024, at 7:00 PM in Council Chambers. The meeting included a police promotional ceremony, approval of routine consent items, three public hearings, and adoption of the FY2024-2025 budget with a real estate tax rate increase to $1.01 per $100 of assessed value. Several regular items were also addressed, including an ADA transition plan, ordinance amendments, a traffic cabinet art project, a cybersecurity briefing, and supplemental appropriations.

Special Recognition

• Police Promotional Ceremony: Chief Kelley Warner announced three promotions: Career Officer Rusty Driver to Sergeant, Sergeant John Hancock to Lieutenant, and Sergeant Brooke Wetherell to Lieutenant. Chaz Haywood, Clerk of the Circuit Court, administered the oath of office.

Consent Calendar

• Approved minutes of the May 14, 2024 City Council meeting.
• Approved on second reading a rezoning request from Elba A. Herrer De Dildy and Jose Martir Guiterrez Hernandez for 35 Monroe Street.
• Approved on second reading a rezoning request from Hurstwenger Properties LLC for portions of 1011, 1019, 1021, and 1023 West Market Street.
• Approved special event applications for the African American Festival (Saturday, September 14, 2024), Eastern Mennonite University’s Royals Go Downtown (Thursday, September 26, 2024, 5:00–8:00 PM), and the Harrisonburg International Festival (Saturday, September 28, 2024). All consent items passed unanimously (5-0).

Public Hearings

Real Estate Tax Rate for Fiscal Year 2024-2025

• The public hearing began at 7:13 PM. The proposed rate was advertised at $1.04 per $100 of assessed value, but Council subsequently reduced it to $1.01 (a five-cent increase from the previous $0.99 rate).
• Public comments (six speakers): Bill Call, Edward Garrison, Karen Thomas, Ramona Sanders, Kay Acker, and Diane Perry opposed the increase, arguing it burdens homeowners, renters, those on fixed incomes, and exacerbates housing unaffordability. Some cited rising assessments and a lack of responsiveness from Council.
• Council discussion: Council Member Fleming noted the increase is needed to fund services and the new high school, calling it an investment in the future. Vice Mayor Dent highlighted the rarity of a second high school in a city this size. Council Member Robinson acknowledged the compromise in balancing revenue with services. Mayor Reed and Council Member Jones addressed concerns about responsiveness and the trickle-down effect.
• Motion: Council Member Fleming moved to set the rate at $1.01 per $100, seconded by Vice Mayor Dent. The motion passed 5-0.

Rezoning of 162 West Elizabeth Street (Liberty Street Investments LLC)

• Public hearing began at 7:58 PM. Adam Fletcher, Director of Community Development, presented a request to rezone the 10,300-square-foot parcel from M-1 (General Industrial) to B-1C (Conditional Central Business District). The planned development is a three-story, 15–20 unit multifamily building with no on-site parking, relying on downtown walkability and transit. Proffers included no drive-through facilities, a peak-hour traffic limit of 100 trips, a six-foot right-of-way dedication, and bicycle storage.
• Public comments: Applicant Todd Rhea spoke in favor, noting the project aligns with the Downtown 2040 Plan and reduces car dependency. KC Kettler also voiced support.
• Council discussion: Council praised the innovation and alignment with city goals. Council Member Robinson liked the pedestrian/bicycle focus.
• Motion: Council Member Fleming moved to approve; seconded by Council Member Robinson. Passed 5-0.

Rezoning of 415 North Liberty Street (David L. Snyder)

• Public hearing began at 8:21 PM. Fletcher presented a request to rezone the approximately 5,700-square-foot parcel from M-1 to B-1C. The proposal is a three- to four-story building with ground-floor retail (about 1,200 square feet) and four loft apartments above. Proffers included no drive-through, no parking between building and street, no gas station or vehicle repair, rear dumpster placement, and a traffic limit of 100 peak-hour trips.
• Public comments: Applicant Dave Snyder and representative Blake Martin provided details, including a rendering. KC Kettler spoke in favor.
• Council discussion: Council Member Fleming asked about past mixed-use projects and the likelihood of construction; the applicant confirmed intent to build. Council Member Jones noted the benefit of local developers.
• Motion: Council Member Jones moved to approve; seconded by Council Member Fleming. Passed 5-0.

Discussion Items

ADA Transition Plan for Public Right-of-Way

• Tom Hartman, Public Works Director, presented the plan, required under the Americans with Disabilities Act. Highlights: evaluation of over 84 miles of sidewalks, 6.5 miles of shared-use paths, 1,400 curb ramps, and 94 signalized intersections. Interns generated 500 service requests for minor repairs. The plan includes an ADA coordinator, a grievance procedure, and a multi-decade schedule. Public involvement identified improvements for special events. Received and filed.

MS4 Ordinance Amendment (Section 7-6-5)

• Hartman presented an ordinance amendment aligning the Municipal Separate Storm Sewer System with current DEQ regulations, clarifying illicit discharge definitions. Approved unanimously (5-0).

Utility Disconnection Ordinance Amendment (Section 7-1-9)

• City Attorney Chris Brown presented amendments to comply with state law: no residential disconnection on Fridays, weekends, state holidays, or days when forecast temperatures exceed 92°F within 24 hours of scheduled cut-off. Also allows the utilities director to enter into payment agreements (minimum three months) in limited cases. Approved unanimously (5-0).

Traffic Cabinet Art Wrap Project

• Jenny Burden, Executive Director of the Arts Council of the Valley, presented the project. Ten artists’ works were selected via a competitive RFP process and matched to traffic cabinet locations throughout downtown. Installation is planned for August–September 2024. Approved unanimously (5-0).

Cybersecurity Program Presentation

• Bud Ritchie, Cybersecurity Specialist, reported on program achievements: phishing-prone percentage dropped from 12.3% to 1.16% through training and simulated attacks; an internal penetration test identified 462 compromised accounts (prompting a password policy update); vulnerability management and third-party vendor verification were implemented; PCI DSS compliance achieved. Upcoming goals include 24/7 network monitoring (funded in next year’s budget) and a policy on AI usage. Received and filed.

Resolution for Middle River Regional Jail Refinancing Bonds

• Director of Finance Larry Propst presented a resolution consenting to refinancing through the Virginia Resources Authority, saving approximately $1.1 million overall, with $130,000 accruing to the city. The city assumes no liability. Approved unanimously (5-0).

Workplace Enhancement Committee Resolution

• City Manager Ande Banks presented a resolution ratifying Council’s prior decision not to adopt a collective bargaining ordinance and instead establish a citywide employee team of frontline staff to meet regularly with management. Also includes routine office hours for the city manager. Approved unanimously (5-0).

FY2024-2025 Budget and Appropriation Ordinance

• Banks presented the amended budget reflecting a five-cent tax rate increase to $1.01 per $100 of assessed value. The total budget decreased from $404.9 million to $403.3 million to accommodate the reduced revenue projection. Council also directed creation of an entrepreneurial program to be funded with one-time money. After discussion, the appropriation ordinance was approved on first reading (5-0).

Key Outcomes

• Tax Rate: Set at $1.01 per $100 of assessed value for FY2024-2025, a five-cent increase over the previous $0.99 rate.
• Rezonings: Both 162 W. Elizabeth St. and 415 N. Liberty St. rezoned to B-1C, each passing 5-0.
• Supplemental Appropriations:
  • Fire Station 5 construction: $2.7 million from $1.6 million in interest earnings and $1.1 million from speed camera revenue (approved 5-0).
  • Various departments: $900,000 from VDOT for traffic signal replacement at East Market Street and Reservoir Street; $460,000 in speed camera funds for downtown event barricades (approved 5-0).
• ARPA Reallocation: Approved transfer of $40,000 to Thomas Harrison and $60,000 to the skate park from savings on Smithland Athletic Complex lights (approved 5-0).
• All other ordinances, resolutions, and motions passed unanimously (5-0).

Other Matters

• Public comments on non-agenda items: None.
• Council announcements: Council Member Fleming reported on the Child Care Resource Forum and the Church World Service Awards Banquet; Council Member Robinson promoted the NAACP Juneteenth celebration (June 19) and urged checking on neighbors during heat; Vice Mayor Dent noted the Virginia Transit Association Conference and the upcoming United Way Day of Action (May 31); Mayor Reed shared her re-election as VTA president and announced a Juneteenth celebration on June 16 at Pale Fire Brewing Co.

The meeting adjourned at 9:49 PM.