City Council
Regular MeetingHarrisonburg, VA · October 28, 2014
Minutes
409 South Main Street
City of Harrisonburg Harrisonburg, VA 22801
Meeting Minutes - Final
City Council
Mayor Ted Byrd
Vice-Mayor Charles Chenault
Council Member Kai Degner
Council Member Richard Baugh
Council Member Abe Shearer
Tuesday, October 28, 2014 7:00 PM Council Chambers
1. Roll Call
Present: 4- Mayor Ted Byrd, Vice-Mayor Charles Chenault, Council Member Richard Baugh,
and Council Member Abe Shearer
Absent: 1- Council Member Kai Degner
Also Present: 5- City Manager Kurt Hodgen, Assistant City Manager Anne Lewis, City Clerk Erica
Kann, City Attorney Chris Brown, and Captain Richard Sites
2. Invocation
Council Member Baugh offered the invocation.
3. Pledge of Allegiance
Mayor Byrd led the Pledge of Allegiance
4. Comments from the public, limited to five minutes, on matters not on the regular
agenda. (Name and address are required)
Ramona Sanders, 355 Hartman Drive, stated she has been a volunteer with the
Harrisonburg Chapter of Virginia Organizing for the last four years and informed
council that there are more than 500 supporters in Harrisonburg and more than
10,000 across the Commonwealth. Mrs. Sanders provided information about Virginia
Organizing and stated Virginia Organizing has 11 statements of belief, but stated four
of them are related to the presentation and they were as follows: we believe that we
should enhance and celebrate diversity in our community and in our state; we believe
that our public officials should be held accountable for their actions and decisions; we
believe that all people should be treated fairly and with dignity in all aspects of life,
regardless of race, class, gender, religion, sexual orientation, age, ability or country of
origin; and we believe that those who have positions of authority in our governmental
bodies, law enforcement agencies and institutions of learning should reflect the
diversity of our communities. Mrs. Sanders stated several members met with city staff
asking for information about hiring practices that apply to Chapter 15, Strategy 14.3.4
of the Comprehensive Plan and that information has not been provided. Mrs. Sanders
also showed a picture of first responders that was published in the Daily News -Record
on September 11, 2014 and stated it showed a lack of diversity and the city
employment practices need attention.
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John Lutz, Harrisonburg resident, stated his father was a city police officer for 34
years, and he feels that you shouldn't hire someone just for diversity, but that their
character should matter more.
Panayotis "Poti" Giannakouros, 98 Emory Street, thanked Virginia Organizing for
letting him share some data and analysis relevant to their cause. Mr. Giannakouros
stated most city staff members he has meet go beyond their job obligations, but we
have to wonder how decision makers who assign jobs can be sensitive to what
changes would help staff better serve all people. Mr. Giannakouros referenced
handouts he provided to council and stated the following: old Harrisonburg was 95%
non-Hispanic white; Harrisonburg of the future is minority non-Hispanic white; working
age residents are 1/3 people of color and city staff are whiter than old Harrisonburg .
Communities that are disconnected have caused spiraling decay. Mr. Giannakouros
stated council has the ability to influence behaviors and referenced the lawn ordinance
that was toughened in 2012. Mr. Giannakouros stated the city needs to implement
diverse hiring and recruiting strategies as a start, set up good rules and follow them.
Stan Maclin, 17 High Street, stated a group is launching a campaign for diversity
within the city. Mr. Maclin stated the city has diversity and noted the International
Festival, but he is concerned about the representation within the structures of city
government. Mr. Maclin urged council to adopt a plan that promotes diversity and
hiring practices within Harrisonburg. Mr. Maclin brought attention to Chapter 15,
Strategy 17.3 and 17.4 of the Comprehensive Plan. Mr. Maclin requested to have city
staff reflect the diversity of the community. Virginia Organizering encourages the
city's elected officials to put a policy and culture in place to fulfill the strategy noted.
Vonda Brown, retiring Director of International Festival, stated numbers are
unacceptable and suggested we look at city schools because they are doing
something right. Mrs. Brown stated it’s not who you know, but what you know. Mrs.
Brown suggested council implement changes that need to be made.
Judith Wright, Virginia Organizing, asked if job opportunities are made available to
everyone. Mrs. Wright asked for data so we can see if there is a problem. Virginia
Organizing wants to make the answer yes for all to apply and get a fair chance for job
opportunities with the city. Mrs. Wright stated a search committee should be created
for the review of applicants and the committee should be composed of 1/3 minorities.
Those interviewed for given positions should be at a minimum 1/3 minority and those
hired should be the most effective for the community. Mrs. Wright stated the current
hiring practices don't reflect the reality, diversity, and Comprehensive Plan.
Daniel Robayo, Senior Pastor of Emmanuel Episcopal Church, stated he takes great
pride in telling people that Harrisonburg is increasingly cosmopolitan, because so
many languages, cultures, races, and ethnicities are a growing part of the city. Mr.
Robayo stated the structures and institutions of the city have been slow to catch up to
the reality and the city’s workforce doesn't reflect the diversity of Harrisonburg. Mr.
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Robayo stated when everyone knows they belong; Harrisonburg will become healthier
and stronger. Mr. Robayo noted the Comprehensive Plan and requested for council
to dedicate resources, brainpower, and combined efforts to make it a reality.
5. Consent Agenda (any item placed on the consent agenda shall be removed and
taken up as a separate matter, if so requested by any member of Council, otherwise all
items will be voted on with one (1) motion)
A motion was made by Vice-Mayor Chenault, seconded by Council Member Baugh, to approve
the Consent Agenda. The motion carried with a recorded roll call vote taken as follows:
Yes: 4- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, and Council Member
Shearer
No: 0
Absent: 1- Council Member Degner
5.a. Approval of minutes
These Minutes were approved.
5.b. Consider a request from Eastern Mennonite University to amend their master plan
by rezoning 26.6 +/- acres of property located along Park Road, West Dogwood
Drive, and Hillcrest Drive, with minimal street frontages along College Avenue and
Smith Avenue and zoned R-3, Medium Density Residential District and I-1,
Institutional Overlay District
This Rezoning was approved on second reading.
5.c. Consider a supplemental appropriation for the Police and Fire Departments in the
amount of $218,390.96
This Supplemental Appropriation was approved on second reading.
5.d. Consider an ordinance granting a franchise to use the streets and other public
lands of the City of Harrisonburg for the operation of a fiber optic network
This Ordinance was approved on second reading.
6. Public Hearings
6.a. Consider amending and re-enacting Section 4-2-23 of the Harrisonburg City Code
granting real estate tax exemption.
City Attorney Brown stated this amendment is required due to a 2014 amendment to
the Virginia State Code. City Attorney Brown stated the amendment that is required
by state law is expanding the definition of those eligible for such exemption to include
certain trusts and life estates in determining the gross income of the applicant, the
income of the owner’s relatives living in the dwelling for which the exemption is
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claimed incomesmust be included. However, the income of the relatives or other
persons visiting the dwelling and providing bona fide care giving services to the owner
is not included for qualifying purposes. City Attorney Brown stated the language that
was added reflects what is stated in the state code.
Vice-Mayor Chenault asked if we are required to have the ordinance and if it needed
to be consistent with state code. City Attorney Brown stated the city is not required to
have the ordinance, but if we do these changes need to be included.
A motion was made by Vice-Mayor Chenault, seconded by Council Member Shearer to amend
and re-enact Section 4-2-23 of the Harrisonburg City Code granting the real estate tax exemption.
The motion carried with a recorded roll call vote taken as follows:
Yes: 4- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, and Council Member
Shearer
No: 0
Absent: 1- Council Member Degner
6.b. Consider the disposition of real estate, namely 3.3297 acres, more or less,
designated as 1630 Driver Drive and shown on the City Block Map as Parcel No.
86-D-2 to the Visitors of James Madison University
City Manager Hodgen stated during the October 14, 2014 Council Meeting, council
directed the City Manager to advertise a public hearing for this matter. City Manager
Hodgen stated since June the trash burning portion of the Resource Recovery Facility
hasn't been operating due to the lack of trash, which has made it impossible for the
city to meet its contractual obligation with JMU. City Manager Hodgen noted if enough
trash could be obtained, upgrades are needed to the facility costing approximately $ 10
million over the next ten years. The discovery of new natural gas resources and
technological advances in accessing those resources have resulted in gas prices that
make it cheaper for JMU to produce steam for heating and cooling needs via natural
gas rather than by trash-generated-steam. While JMU has honored the contract with
the city for the purchase of trash-generated-steam, they have advised the city of their
intent to not extend the contract, which expires in 2024. City Manager Hodgen noted
that through 2024 we would need to obtain enough trash and make $10 million in
repairs to then not have a customer. City Manager Hodgen stated there isn't another
customer due to the fact that the plant is in the middle of JMU and all the lines lead to
the JMU campus and currently there isn't another identified customer for steam. JMU
has submitted an offer to purchase the referenced property from the city in the amount
of $4.2 million, which staff believes is a fair price. City Manager Hodgen noted there
are two portions of the facility which are the chiller and steam. The chiller portion
would remain in operation and the steam portion would be shut down, but the entire
facility would be purchased by JMU. City Manager Hodgen stated that JMU is also
willing to assume payment for operations of the chiller facility, which would result in an
approximately $800,000 cost savings to the city per year. City Manager Hodgen
noted that with the offer of $4.2 million and the costs saving of $800,000 per year for
the next ten years the offer price is approximately $12 million. City Manager Hodgen
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also noted that JMU paid for the chiller facility and we currently pay for the staffing .
City Manager Hodgen stated he will be providing a report atone of the meetings in
November addressing and providing recommendations for what staff is proposing to
do with solid waste disposal. City Manager Hodgen noted the most significant
influence on the availability of trash is the "glut" of existing, cheaper landfill space
throughout the Commonwealth, which in turn gives us opportunities for our trash
disposal. City Manager Hodgen noted that landfills of today are a lot different than
those that were in place in 2004. City Manager Hodgen stated staff recommends that
council accepts the offer subject to the city and JMU finalizing a formal agreement of
sale for the property, and authorize the City Manager and City Attorney to execute the
appropriate documents, which then would be brought back before council for an
official vote. Vice-Mayor Chenault stated if we default on the agreement most of the
real estate reverts to JMU without payment. City Manager Hodgen stated there is a
deed provision that states if the city discontinues its use of all or any portion of the
lands conveyed, title to the land shall revert back to JMU. Vice-Mayor Chenault stated
if we continued to run the chiller portion of the facility we would be in compliance with
the provision of the deed, but the city would be losing money.
At 7:36 p.m., Mayor Byrd closed the regular session and called the first public hearing
to order. A notice appeared in the Daily News-Record on October 20, 2014.
John Lutz, 1065 Hamlet Drive, stated he spoke to someone who disagreed JMU is
turning to natural gas. Mr. Lutz stated he has access to resources that could provide
turbines, which could keep the facility in operation and ensure the trash stays out of
the landfill. This could also produce electricity for city residents at a reduced cost. Mr.
Lutz said he is interested in placing a bid to purchase the property.
Vice-Mayor Chenualt noted the revisionary clause in the deed.
Helen Shibut, 319K Rockingham Drive, stated she attends council meetings and she
has only been informed about this matter through the Daily News-Record. Ms. Shibut
stated this might be a good offer, but it isn't something the public knows about and
feels they need more time to do their research. Ms. Shibut stated that running the
facility isn't economically viable, but deciding to sell the facility without knowing where
our trash will be going is poor planning.
At 7:39 p.m., Mayor Byrd closed the public hearing and the regular session
reconvened.
Council Member Baugh clarified that due to the revisionary clause the city doesn't
actually own the facility. Council Member Baugh stated we own it subject to the
condition of operating a waste-to-energy facility and we can't sell something we don't
own.
Vice-Mayor Chenault asked Mayor Byrd for a point of order. This was caused to
disruptive behavior by a resident in the audience.
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Mayor Byrd stated council is being asked to allow the City Manager and City Attorney
to proceed in working with JMU toward a purchase agreement. It was noted a public
hearing is not required, but the final agreement will be brought back to council before
moving forward.
A motion was made by Vice-Mayor Chenault, seconded by Council Member Shearer, that this
Action Item be approved. The motion carried with a recorded roll call vote taken as follows:
Yes: 4- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, and Council Member
Shearer
No: 0
Absent: 1- Council Member Degner
6.a. Consider amending and re-enacting Section 4-2-23 of the Harrisonburg City Code
granting real estate tax exemption.
Mayor Byrd noted that he made a procedural error on agenda item 6.a.
A motion was made by Council Member Baugh, seconded by Vice-Mayor Chenault to
open the public hearing for agenda item 6.a.
At 7:43 p.m., Mayor Byrd closed the regular session and called the second public
hearing to order. A notice appeared in the Daily News-Record on October 21, 2014
and October 28, 2014.
John Lutz, 1065 Hamlet Drive, asked for clarification from what was reported in the
media, because it was noted that if someone made over $30,000, but it was held in a
trust, they could be taxed.
Council Member Baugh stated the example Mr. Lutz gave is what the ordinance is
going to correct. The changes being made are expanding those eligible for
exemption.
At 7:45 p.m., Mayor Byrd closed the public hearing and the regular session
reconvened.
A motion was made by Vice-Mayor Chenault, seconded by Council Member Shearer to amend
and re-enact Section 4-2-23 of the Harrisonburg City Code granting the real estate tax exemption.
The motion carried with a recorded roll call vote taken as follows:
Yes: 4- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, and Council Member
Shearer
No: 0
Absent: 1- Council Member Degner
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7. Special Event Application Requests
7.a. Consider the Veterans Day Recognition for a special event request
Katie Yount, Special Event Director Harrisonburg Downtown Renaissance, stated the
Veterans Day Recognition and Parade will be held on Sunday, November 9th at 2:00
p.m. The parade will run south down Main Street starting at the Rockingham County
Administration Building and end with vehicles rejoining traffic at Martin Luther King Jr .
Way.
Vice-Mayor Chenault stated this event has been turned into a first class event with the
parade and ceremony afterwards.
A motion was made by Council Member Shearer, seconded by Council Member Baugh, that this
Special Event Application be approved. The motion carried by a voice vote.
Yes: 4- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, and Council Member
Shearer
No: 0
Absent: 1- Council Member Degner
8. Certificate and Public Necessity and Convenience
Reggie Smith, Director of Public Transportation, stated there have been two
applications submitted for Certificates of Public Necessity and Convenience. Mr.
Smith stated the Taxi Committee has reviewed these applications and met with
current taxi companies about the applications.
8.a. Consider issuing a Certificate of Public Necessity and Convenience for Ride Rite,
LLC
Reggie Smith, Director of Public Transportation, stated the Taxi Committee does not
recommend approval for a certificate due to the following: color scheme is inconsistent
and code section 14-1-33(5) requires a company-wide scheme; applicant intends to
do medical transportation only; committee does not see a need for more
transportation providers during daylight hours; and finally, need for more providers has
not been established per code section 14-1-38. Mr. Smith stated he spoke to the
applicant and feels she understands the Taxi Committee's decision.
Vice-Mayor Chenault asked if council approved the certificate would Ride Rite be able
to perform taxi services since their application stated their intentions were to haul
medical patients to and from medical facilities. Mr. Smith stated city code states to
have a taxi permit you have to provide all types of taxi services. Mr. Smith explained
that under state code there is a medical permit that is offered through DMV. Mr.
Smith stated Ride Rite can drop passengers off in Harrisonburg, but they can't pick
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up.
Leslie Smith, Ride Rite Owner, stated Ride Rite operates as a taxi company out of
Charlottesville, but they also do non-emergency medical transportation, which is
allowed under their taxi operating authority provided that they meet the code of any
city they enter. Ms. Smith stated there is a need due to Health Care Reform which
allows those individuals with Medicaid to get medical transportation services. Ms.
Smith stated she provided letters of reference from UVA and the Virginia Health Care
Plan. Ms. Smith noted she has a fleet of 38 vehicles and she assured council her
company can make all vehicles entering Harrisonburg match and look different from
other operating taxi cab companies. Ms. Smith requested council approve the request
or a modification to the request. Ms. Smith stated they are able to be reimbursed by
Medicaid and Medicare for the services provided.
The following discussion took place: not ready to vote; don't have to act; feel that
there isn't enough evidence showing there is a need for the service; would like to see
other information to make it more consistent to our ordinance and a need for the
service; good service; suspects there is a need for this type of service; CDBG
applicants that do this type of service look for grant programs; Charlottesville is an
unregulated environment; nature of taxi companies is a common carrier at anyone,
anytime, and any rate; make a level playing field for taxi cabs; reviewing the request
according to the code; and local taxi companies could do these services.
Mr. Smith stated the Taxi Committee is reviewing the code and plans to provide a
presentation in November.
8.b. Consider issuing a Certificate of Public Necessity and Convenience for Eagle Taxi
Mr. Smith stated the Taxi Committee does not recommend approval for the certificate
due to the following: no financial information was submitted with the application per
code section 14-1-33(3); vehicle information was not included per code section
14-1-33(5); character, location of terminals or depots was not included per code
section 14-1-33(6); experience of the applicant was not listed per code section
14-1-33(8); no facts and circumstances were identified to show evidence for need per
code section 14-1-33(9); and no established place of business was identified as
required per code section 14-1-36(5). Mr. Smith also noted that it was a single person
applying with one vehicle.
9. Regular Items
9.a. Report from Bicycle & Pedestrian Subcommittee on Northend Greenway Project
Thanh Dang, Transportation & Environmental Planning Manager, stated three
different meetings were held after council directed the Bicycle & Pedestrian
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Subcommittee to review and provide recommendations for the Northend Greenway
project. Mrs. Dang stated all the meetings were open to the public and well attended .
Mrs. Dang stated there were seven different options recognizing funding is limited .
Mrs. Dang stated the Subcommitte recommends Option F1 and suggested that
segments 2, 3, and 4 represent the first phase.
Brief discussion took place between council members.
A motion was made by Vice-Mayor Chenault, seconded by Council Member Shearer to allocate
the full funding amount for option F1 as presented.
Yes: 4- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, and Council Member
Shearer
No: 0
Absent: 1- Council Member Degner
9.b. Consider a resolution for VDOT’s FY 2015-2016 Revenue Sharing Program
Jim Baker, Director of Public Works, requested council approve a resolution for
additional Revenue Sharing through VDOT for four projects. Mr. Baker reminded
council this program requires a local match. Mr. Baker stated applications are due
next week, approval will occur in April and official award will happen in July. Mr. Baker
reviewed the four projects and they were the following: Reservoir Street
Reconstruction Project; Pleasant Valley Road Bridge; extension of the Bluestone Trail
within JMU, with JMU paying 100% of the cost; and the annual re-paving program.
A motion was made by Council Member Baugh, seconded by Council Member Shearer, that this
Resolution be approved. The motion carried with a recorded roll call vote taken as follows:
Yes: 4- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, and Council Member
Shearer
No: 0
Absent: 1- Council Member Degner
9.c. Consider a request from Macerich to amend their 2012 Comprehensive Sign Plan
for 1925 East Market Street, Valley Mall
Stacy Turner, Director of Community Development, stated this request is to amend a
previously approved Comprehensive Sign Plan from July 2012. Mrs. Turner reviewed
the amendment, which included adding additional future tenant wall signage and
resizing two future tenant signs. Mrs. Turner noted that with the changes they are still
under their allowed square footage for signage and staff recommends approval.
A motion was made by Council Member Baugh, seconded by Council Member Shearer, to
approve the request to amend the Comprehensive Sign Plan as presented. The motion carried
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with a recorded roll call vote taken as follows:
Yes: 4- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, and Council Member
Shearer
No: 0
Absent: 1- Council Member Degner
9.d. Consider approval of a Refund Payment Agreement to the Bank of America
City Attorney Brown stated the City of Harrisonburg, like most other localities in the
Commonwealth, has enacted a Bank Franchise Tax, which is administered in large
part by the Virginia Department of Taxation. Bank of America filed its Virginia Bank
Franchise Tax Returns and paid the Bank Franchise Tax for tax years 2010, 2011,
and 2012. Bank of America then filed amended returns for those years claiming a
refund. The Virginia Department of Taxation audited Bank of America's returns and
determined the bank is due a refund of $13,911,504. The Department of Taxation
then apportioned that amount to the various localities in the Commonwealth which
received bank franchise taxes from Bank of America. The city's portion of the refund
to be paid to Bank of America is $52,391. Pursuant to the Refund Payment
Agreement entered into by the Virginia Department of Taxation and Bank of America,
if a locality refunds the amount owed to Bank of America by December 31, 2014, no
interest is due on the refund. Under Virginia code Section 58.1-3981(A), if an
erroneous assessment has been paid into the treasury of the city, the Commissioner
of the Revenue must certify to council that the assessment was erroneous. The
certification must also be consented to by the City Attorney. If Council accepts the
certification it must direct the treasurer to refund to the taxpayer the amount
erroneously paid. The Commissioner of the Revenue has provided the required
certification and the City Attorney has consented to the certification. Staff
recommends that council approve the Refund Payment Agreement and direct the
treasurer to pay the amount erroneously assessed, $52,391, to Bank of America
before December 31, 2014.
A motion was made by Council Member Shearer, seconded by Vice-Mayor Chenault, to approve
payment to the Bank of America for the refund payment. The motion carried with a recorded roll
call vote taken as follows:
Yes: 4- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, and Council Member
Shearer
No: 0
Absent: 1- Council Member Degner
9.e. Consider approval of an Assignment and Assumption of Option Agreement by and
between Greener Harrisonburg, LLC and the City of Harrisonburg
City Attorney Brown stated Greener Harrisonburg, LLC contracted to buy 270 South
Liberty Street and 276 South Liberty Street (tax parcels 25-J-20 and 19). Greener
Harrisonburg, LLC offered to assign the City of Harrisonburg the option to purchase
the real property and improvements located at the two properties. By approving the
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agreement, the City of Harrisonburg will consent to perform and satisfy all of Greener
Harrisonburg, LLC's obligations reflected in the Option Agreement for Purchase of
Real Property, dated June 11, 2013, and it would cost $401,830, but with certain
credits the property would cost approximately $392,000 at the time of closing .
A motion was made by Vice-Mayor Chenault, seconded by Council Member Baugh, to approve
the assumption of the assignment and the option agreement between Greener Harrisonburg,
LLC and the City of Harrisonburg. The motion carried with a recorded roll call vote taken as
follows:
Yes: 4- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, and Council Member
Shearer
No: 0
Absent: 1- Council Member Degner
9.f. Consider a Memorandum of Understanding regarding the sale and renovation of
the Harrison House
City Attorney Brown stated the city has been in discussion with the Trustees of the
Margaret Grattan Weaver Foundation, and the Trustees of Asbury United Methodist
Church regarding the sale and renovation of the Thomas Harrison House on Bruce
Street in Harrisonburg. City Attorney Brown stated under the memorandum of
understanding the city will purchase a portion of the Thomas Harrison House property
containing 7,918 square feet in exchange for a payment to the church of $565,000
and the conveyance to the church of a small parcel of land adjoining Asbury Church
and owned by the city. If council approves this MOU, a public hearing on the
conveyance of land to the church will be necessary. Mr. Brown stated work needs to
be completed to stabilize the house and renovation will take place for a potential
museum. Mr. Brown noted the two-story addition to the front of the original house and
part of the commercial building located in the building near Main Street will be
removed. The city will pay $565,000 and convey a parcel of land to the Quilt
Museum. Mr. Brown stated the alley and driveway will not be conveyed to the church .
Mr. Brown noted that the Margaret Grattan Weaver Foundation is going to donate
$500,000 towards stabilizing and restoration of the building and the city plans to
provide a similar amount over the next few years. Mr. Brown stated there will be a
Steering Committee which will consist of a member from each organization and
reviewed some items that need attention. Mr. Brown noted there are still approvals
that need to take place by the church and the Rockingham County Circuit Court.
Vice-Mayor Chenault noted Carol Nash, a JMU Archeologist Professor, expressed
some interest in doing some work in the house. Vice-Mayor Chenault felt that the best
time for that work to take place would be between the city taking control of the house
and before demolition, so it doesn't interfere with progress.
Mayor Byrd asked if council had any objections towards Sam Koontz speaking.
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Sam Koontz, 8th generation descendent of Thomas Harrison, provided history about
Mr. Harrison and the property. Mr. Koontz stated he would like to see the property
preserved, would provide artifacts and he is willing to help any way he can.
The Virginia Department of Historic Resources recognizes the property as the oldest
house in Harrisonburg and the home of its founder.
A motion was made by Council Member Shearer, seconded by Council Member Baugh, that this
request be approved. The motion carried with a recorded roll call vote taken as follows:
Yes: 4- Mayor Byrd, Vice-Mayor Chenault, Council Member Baugh, and Council Member
Shearer
No: 0
Absent: 1- Council Member Degner
10. Other Matters
Council Member Baugh stated the street/alley closing that Planning Commission
recommended against withdrew their application. Council Member Baugh also stated
that the Lutheran Family Services application is continuing negotiations.
Vice-Mayor Chenault apologized for having to raise a point of personal privilege earlier
in the meeting, but he was interested in what Council Member Baugh had to say.
Council Member Baugh agreed that the discussion between council members does
benefit the decision-making process.
Vice-Mayor Chenault stated it is important to understand the rich fabric of
Harrisonburg and the Thomas Harrison House is a key part of that fabric. Vice-Mayor
Chenault noted that more space would be needed and other alternatives should be
looked at.
11. Boards and Commissions
11.a. Harrisonburg Redevelopment and Housing Authority
A motion was made by Vice-Mayor Chenault, seconded by Council Member Shearer, that
Thomas Dawson, 1160 Decca Drive, be re-appointed to a second term on the Harrisonburg
Redevelopment and Housing Authority to expire Novemeber 29, 2018. The motion carried by a
voice vote.
12. Adjournment
At 8:40 p.m., there being no further business and on motion adopted, the meeting was
adjourned.
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__________________________ __________________________
City Clerk Mayor
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Agenda
409 South Main Street
City of Harrisonburg Harrisonburg, VA 22801
Meeting Agenda - Final
City Council
Mayor Ted Byrd
Vice-Mayor Charles Chenault
Council Member Kai Degner
Council Member Richard Baugh
Council Member Abe Shearer
Tuesday, October 28, 2014 7:00 PM Council Chambers
1. Roll Call
2. Invocation
3. Pledge of Allegiance
4. Comments from the public, limited to five minutes, on matters not on the regular
agenda. (Name and address are required)
5. Consent Agenda (any item placed on the consent agenda shall be removed and
taken up as a separate matter, if so requested by any member of Council, otherwise all
items will be voted on with one (1) motion)
5.a. Approval of minutes
Attachments: October 14, 2014 Draft Meeting Minutes
5.b. Consider a request from Eastern Mennonite University to amend their master plan
by rezoning 26.6 +/- acres of property located along Park Road, West Dogwood
Drive, and Hillcrest Drive, with minimal street frontages along College Avenue and
Smith Avenue and zoned R-3, Medium Density Residential District and I-1,
Institutional Overlay District
Review & Planning Commission recommended approval (6-0) of the rezoning request for master
Recommendation: plan amendment to allow the applicant to increase the allowable height of their
previously approved multi-panel array of solar cells resting on carport style structures
located on the University Commons parking lot. The amendment also includes
eliminating the single width solar cell carport style structure that was previously
approved and planned to be located up to 5-feet from the property line along Dogwood
Drive. Furthermore, solar panels will now be located on portions of the University
Commons building rather than on the roof of the Hillside building. All other specifics of
the master plan would remain the same. The property is identified as tax map parcel
51-A-1.
Attachments: Application, staff report, maps and other supporting documents
Extract RZ EMU Master Plan Change.doc
Legislative History
10/14/14 City Council approved on first reading
City of Harrisonburg Page 1 Printed on 10/23/2014
City Council Meeting Agenda - Final October 28, 2014
5.c. Consider a supplemental appropriation for the Police and Fire Departments in the
amount of $218,390.96
Review & The Police and Fire Department were awarded various grants in the prior fiscal year.
Recommendation: The Fire Department also receives funding through the State's Fire Programs Fund
which may only be used for Fire Department purposes. This request will reappropriate
these unexpended prior year grant awards and Fire Programs Funds.
Attachments: Supplemental Appropriation
Legislative History
10/14/14 City Council approved
5.d. Consider an ordinance granting a franchise to use the streets and other public lands
of the City of Harrisonburg for the operation of a fiber optic network
Review & As part of the City's Main Street Streetscape Project, the City will be installing a Utility
Recommendation: Duct Bank (UDB) in the downtown area for utilities owned by the City and other utility
providers. The City's Public Works Department has been approached by at least one
utility company interested in installing fiber optic cable in the UDB. Such an installation
would provide fiber optic services to the downtown area, and generate funds to help
offset the cost of the City's Main Street Streetscape Project. Any potential utility
provider will seek to use the City's UDB for a term longer than five years. Such a time
period would make the use a franchise. Under state law, before a locality may grant a
franchise, it must publish a notice inviting potential bidders to offer proposals for use of
the locality's properties. The City has published such notice. Any offer received by the
City must be read by the Mayor at the Council meeting on October 14, 2014.
Attachments: Public Hearing Notice
Fiber Optic Franchise
Fiber Optic Franchise - Updated
Legislative History
10/14/14 City Council approved on first reading
6. Public Hearings
6.a. Consider amending and re-enacting Section 4-2-23 of the Harrisonburg City Code
granting real estate tax exemption.
Review & This request is to amend Section 4-2-23 of the Harrisonburg City Code by granting a
Recommendation: real estate tax exemption to qualified property owners who are at least 65 years of age
or permanently and totally disabled by expanding the definition of those eligible for such
exemption to include certain trusts and life estates. The suggested amendments also
exclude from gross income determinations income of bona fide caregivers living with an
applicant.
Attachments: Public Hearing Notice - Tax Exemption
Tax Exemption Ordinace
6.b. Consider the disposition of real estate, namely 3.3297 acres, more or less,
designated as 1630 Driver Drive and shown on the City Block Map as Parcel No.
86-D-2 to the Visitors of James Madison University
City of Harrisonburg Page 2 Printed on 10/23/2014
City Council Meeting Agenda - Final October 28, 2014
Review & During the October 14, 2014 Council Meeting, council directed the City Manager to
Recommendation: advertise a public hearing for this matter. JMU has submitted an offer to purchase the
referenced property from the city in the amount of $4.2 million dollars. A report to
Council is attached outlining the rationale for considering sale of the property in
question to JMU.
Staff recommends that Council accept the offer subject to the City and JMU finalizing a
formal agreement for sale of the property, and authorize the City Manager and City
Attorney to execute the appropriate documents.
Attachments: Public Hearing Notice - Resource Recovery Facility
Memorandum - Resource Recovery Facility
7. Special Event Application Requests
7.a. Consider the Veterans Day Recognition for a special event request
Review & The Veterans Day Recognition and Parade will be held on Sunday, November 9th at
Recommendation: 2:00pm. The parade will run south down main street starting at the Rockingham
County Administration Building and end with vehicles rejoining traffic at MLK Jr Way.
Attachments: Special Event Application
Road Closing Map
Map
PW Staff Requirements
Veterans Parade COI
8. Certificate and Public Necessity and Convenience
8.a. Consider issuing a Certificate of Public Necessity and Convenience for Ride Rite,
LLC
Review & The Taxi Committee does not recommend approval for Certificate due to the following:
Recommendation: color scheme is inconsistent and code section 14-1-33(5) requires company scheme;
applicant intends to do medical transportation only; committee does not see a need for
more transportation providers during daylight hours; and need for more providers has
not been established per code section 14-1-38.
Attachments: Ride Rite Application.pdf
8.b. Consider issuing a Certificate of Public Necessity and Convenience for Eagle Taxi
Review & The Taxi Committee does not recommend approval for Certificate due to the following:
Recommendation: no financial information was submitted with application per code section 14-1-33(3);
vehicle information not included per code section 14-1-33(5); character, location of
terminals or depots not included per code section 14-1-33(6); specific experience of
applicant not listed per code section 14-1-33(8); no facts and circumstances to show
evidence for need per code section 14-1-33(9); and no established place of business
per code section 14-1-36(5).
Attachments: Eagle Taxi Application
9. Regular Items
9.a. Report from Bicycle & Pedestrian Subcommittee on Northend Greenway Project
City of Harrisonburg Page 3 Printed on 10/23/2014
City Council Meeting Agenda - Final October 28, 2014
Review & On August 12, 2014 City Council directed the Bicycle & Pedestrian Subcommittee to
Recommendation: review and provide recommendations for the Northend Greenway project and funds.
The Subcommittee held three meetings to review the request and their
recommendation is provided in the attached memorandum.
Attachments: Memorandum to City Council from Subcommittee 2010-10-28
9.b. Consider a resolution for VDOT’s FY 2015-2016 Revenue Sharing Program
Review & VDOT has historically offered its Revenue Sharing Program to localities to advance
Recommendation: transportation projects to construction. Localities may apply for a maximum of $10
million annually through this program.
Staff is requesting Council's consideration for the City applying for a Revenue Sharing
Grant in the FY16 budget cycle to:
1. Finance construction of the Reservoir Street Reconstruction Project in the amount of
$3,000,000 ($1,500,000 revenue sharing, and $1,500,000 City matching funds).
2. Finance replacement of the Pleasant Valley Road bridge in the amount of $1,500,000
($750,000 revenue sharing, and $750,000 City matching funds).
3. Finance construction of an extension to the Bluestone Trail within JMU in the amount
of $729,000 ($364,500 revenue sharing, and $364,500 City matching funds provided by
JMU).
4. Finance a portion of the annual paving program in the amount of $1,900,000
($950,000 revenue sharing, and $950,000 City matching funds).
Applications are due to VDOT November 1, 2014.
Attachments: Resolution
9.c. Consider a request from Macerich to amend their 2012 Comprehensive Sign Plan
for 1925 East Market Street, Valley Mall
Review & City Code section 11-7-6.1 (7) permits a shopping center to request approval of
Recommendation: otherwise non permitted signage by presenting a Comprehensive Sign Plan (CSP) to
City Council. In July 2012 Macerich received approval of a CSP for the Valley Mall
Shopping Center and would like to amend the plan by adding additional future tenant
wall signage and resizing two future tenant signs.
Attachments: Valley Mall 2014 CSP update
Letter of request
2012 CSP Schematic and Calculation Sheet
Proposed CSP Schematic and Calculation Sheet
Comprehensive Sign Plan, photos, design concepts
9.d. Consider approval of a Refund Payment Agreement to the Bank of America
City of Harrisonburg Page 4 Printed on 10/23/2014
City Council Meeting Agenda - Final October 28, 2014
Review & The City of Harrisonburg, like most other localities in the Commonwealth, has enacted
Recommendation: a Bank Franchise Tax which is administered in large part by the Virginia Department of
Taxation. Bank of America filed its Virginia Bank Franchise Tax Returns and paid the
Bank Franchise Tax for tax years 2010, 2011, and 2012. Bank of America then filed
amended returns for those years claiming a refund. The Virginia Department of
Taxation audited Bank of America's returns and determined the bank is due a refund of
$13,911,504. The Department of Taxation then apportioned that amount to the various
localities in the Commonwealth which received bank franchise taxes from Bank of
America. The city's portion of the refund to be paid to Bank of America is $52,391.
Pursuant to the attached Refund Payment Agreement entered into by the Virginia
Department of Taxation and Bank of America, if a locality refunds the amount owed to
Bank of America by December 31, 2014, no interest is due on the refund.
Under Virginia code Section 58.1-3981(A), if an erroneous assessment has been paid
into the treasury of the City, the Commissioner of the Revenue must certify to Council
that the assessment was erroneous. The certification must be consented to by the City
Attorney. If Council accepts the certification, it must directs the treasurer to refund to
the taxpayer the amount erroneously paid.
The City's Commissioner of the Revenue has provided the required certification and the
City Attorney has consented to the certification.
Staff recommends that council approved the Refund Payment Agreement and direct
the treasurer to pay the amount erroneously assessed, $52,391, to Bank of America
before December 31, 2014.
Attachments: Letter from COR
Letter from City Attorney
Refund Payment Agreement
9.e. Consider approval of an Assignment and Assumption of Option Agreement by and
between Greener Harrisonburg, LLC and the City of Harrisonburg
Review & The agreement will assign to the City of Harrisonburg the option to purchase the real
Recommendation: property and improvements located at 270 South Liberty Street and 276 South Liberty
Street (tax parcels 25-J-20 and 19). By approving the attached agreement, the City of
Harrisonburg will consent to perform and satisfy all of Greener Harrisonburg, LLC's
obligations reflected in the Option Agreement for Purchase of Real Property, dated
June 11, 2013, and attached as Exhibit A.
Attachments: Assignment Agreement - Greener Harrisonburg, LLC
Exhibit A - Greener Harrisonburg
9.f. Consider a Memorandum of Understanding regarding the sale and renovation of the
Harrison House
City of Harrisonburg Page 5 Printed on 10/23/2014
City Council Meeting Agenda - Final October 28, 2014
Review & This is a Memorandum of Understanding between The City of Harrisonburg, the
Recommendation: Trustees of the Margaret Grattan Weaver Foundation, and the Trustee of Asbury
United Methodist Church regarding the sale and renovation of the Harrison House on
Bruce Street in Harrisonburg. Under the terms of the MOU, the City will purchase a
portion of the Harrison House property containing 7,918 square feet in exchange for a
payment to the Church of $565,000 and the conveyance to the Church of a small parcel
of land adjoining Asbury Church and owned by the City. The City and the Margaret
Grattan Weaver Foundation will each contribute $500,000 for the stabilization and
renovation of the Harrison House property, and the removal of the attached Hull House.
A copy of the MOU is attached, together with the proposed real estate contract between
the City and Church. A plat by the City Surveyor showing the portion of the Harrison
House property to be conveyed is also attached as well as a drawing of the parcel to be
conveyed to the Church. If Council approves this MOU, a public hearing on the
conveyance of land to the Church will be necessary.
Attachments: Memorandum of Understanding - Thomas Harrison House
Real Estate Purchase Contract - Thomas Harrison House
Exhibit A - Thomas Harrison House
Exhibit B to Real Estate Purchase Contract
10. Other Matters
11. Boards and Commissions
11.a. Harrisonburg Redevelopment and Housing Authority
Review & There are two upcoming vacancies on this board. Mr. Wong, Executive Director, has
Recommendation: notified the clerk that both Elroy Miller and Tom Dawson have shown interest in being
re-appointed to a second term to expire November 29, 2018. The clerk is waiting on
re-appointment applications to make sure current information is received.
12. Adjournment
City of Harrisonburg Page 6 Printed on 10/23/2014
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