City Council
Regular MeetingHarrisonburg, VA · January 27, 2015
Minutes
409 S. Main Street
City of Harrisonburg Harrisonburg, VA 22801
Meeting Minutes - Final
City Council
Mayor Christopher B. Jones
Vice-Mayor Richard Baugh
Council Member Ted Byrd
Council Member Kai Degner
Council Member Abe Shearer
Tuesday, January 27, 2015 7:00 PM Council Chambers
1. Roll Call
Present: 4- Mayor Christopher B. Jones, Vice-Mayor Richard Baugh, Council Member Kai
Degner and Council Member Abe Shearer
Absent: 1- Council Member Ted Byrd
Also Present: 5- City Manager Kurt Hodgen, Assistant City Manager Anne Lewis, City Clerk Erica
Kann, City Attorney Chris Brown and Police Chief Stephen Monticelli
2. Invocation
Vice-Mayor Baugh offered the invocation.
3. Pledge of Allegiance
Mayor Jones led the Pledge of Allegiance.
3.a. Harrisonburg High School Musical - Seussical
Stanley Swartz, Harrisonburg High School Drama Director, stated he brought two
characters from the musical Seussical, Jojo and Horton, who will perform the song
"Alone in the Universe" which will be performed by Gabby Wilson and Graham
Rebhun. Mr. Swartz invited everyone to Harrisonburg High School February 18 - 22,
2015, to see the musical and thanked council for their continued support.
4. Comments from the public, limited to five minutes, on matters not on the regular
agenda. (Name and address are required)
Dr. Panayotis "Poti" Giannakouros, 98 Emory Street, stated a great MLK, Jr.
celebration was held on Monday, January 19, 2015, particularly the event that began
at noon and recognized the Harrisonburg Police Department for their service during
the event.
Elaine Blakey, 1127 Sumter Court, stated all the materials and history of the MLK, Jr.
Way street renaming and the MLK, Jr. program video are being placed in the
Massanutten Regional Library. Mrs. Blakey thanked Council Member Degner for
working with the Coalition and the Coalition for believing in her to serve as their event
coordinator.
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Robert Densmore, 1730 Sherry Lane, stated he had sent an email stating his
objections and concerns about the proposed new elementary school on the corner of
Garbers Church Road. Mr. Densmore stated he supports education, but does not
support the proposal and feels another track of land would be more suitable.
Jerry Scripture, 1756 Heritage Estates Circle, stated he also had concerns about the
Garbers Church Road site being considered. Mr. Scripture spoke about the following:
cost of cut and fill, elevation and the footprint of the project.
Dan Nardi, 310 New York Avenue, stated he supported the building of a new
elementary school and the pre-k program, but he asked council to fund the project in
prudent and transparent way. Mr. Nardi stated he researched other Virginia localities
for the last two years and the dollars per square foot they spent for their schools and
feels that ours needed to be lower than the proposed $131.00 square foot per student.
Mr. Nardi stated council should limit the funding between $18 and $21M. Mr. Nardi
also stated he had concerns about the Garbers Church Road, but they had been
addressed. Mr. Nardi felt the land on Greendale Road would be a better location in
regards to expansion and long term development. Mr. Nardi would like the School
Board's plan be imbedded in the city's Capital Improvement Plan. Mr. Nardi noted the
proposed plan for the pre-k program has increased since the last proposal. Mr. Nardi
questioned the potential tax increase and the impact on the bond rating.
Amor Gogia, 650 Garbers Church Road, stated he lived two doors down from the new
proposed site and had raised safety concerns at the prior School Board meeting. Mr.
Gogia distributed a letter from George Pace with 11 points which ranged from
redistricting requirements, city bond ratings, traffic, stormwater regulations and other
site specific requirements. Mr. Gogia asked council to ask questions of the School
Board.
Mike Layman, 1880 College Avenue, reviewed his involvement with the golf course,
Parks and Recreation Commission, Harrisonburg Education Foundation and the
acquisition of acquiring the piece of property where the proposed school is located .
Mr. Layman stated he helped raise the $43,000 to get the property, so a fence would
not have to be installed and to have the area for expansion. Mr. Layman reviewed the
core values of the First Tee Program and the Rotary Four Way Test and noted the
following: is it the truth, is it fair to all concerned, has the process brought good will
and will it be beneficial. Mr. Layman stated it is his plea for council to create a
process to get all the facts and create a win-win and that he is a supporter of
education.
Cecil Gilkerson, 507 Paul Street, stated he was also against the proposed school on
the 9 or 10 acres of land. Mr. Gilkerson stated he has worked with young people all
his life and is concerned about the safety of the entire complex and that there is
simply too much traffic. Mr. Gilkerson would like to see land used that would be able
to have expansion options.
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Joanne Benjamin, 1031 Toppin Boulevard, stated she was a recent graduate of the
Citizen Academy and invited council to attend a potluck on Friday, February 13, 2015
at 6:30 p.m., which will be held at the Ice House and put on by James Madison
LGPTQ Employee Group and the Shenandoah Valley Gay and Lesbian Association.
Daniel Brumbaugh-Kenney, 715 North Main Street, provided a brief history beginning
in 1920 of the criminal justice system that put our current jail system in perspective .
Mr. Brumbaugh-Kenney stated jail isn't working and there are better ways of dealing
with neighbors and supporting them after they return to society after incarceration .
Mr. Brumbaugh-Kenney stated the good news is people are realizing this across the
political spectrum. Mr. Brumbaugh-Kenney stated since 2009 the US incarceration
rate has been dropping. Mr. Brumbaugh-Kenney feels that the Commonwealth of
Virginia isn't listening, because in 2010 a brand new jail was built and sat empty. Mr.
Brumbaugh-Kenney encouraged council to pay attention to national trends and we
need people to oversee programs, data to support what programs are needed and
how we can assess when they are working. Mr. Brumbaugh-Kenney would like
council not to commit long-term to Middle River Jail or a new jail, recommission the
Community Justice Board and invest in computer systems and grant writers.
Tom Domonoske, 461 Lee Avenue, brought attention to the budget process and the
work session that will be held on Saturday, February 7, 2015, beginning at 9:00 a.m.,
in Council Chambers. Mr. Domonoske stated this is when the first presentation of the
draft budget would be presented. Mr. Domonoske stated this is the time to correct the
error of our taxes going to Augusta County. Mr. Domonoske urged council to allocate
funds towards programs to address reduction of incarceration.
City Manager Hodgen noted there wouldn't be the presentation of the first budget
during the meeting noted. City Manager Hodgen stated that the Council Work
Session is to set priorities for the budget. City Manager Hodgen stated budget
submittals aren't due until January 30, 2015.
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 Council Member Degner, seconded by Council Member Shearer, that the
Consent Agenda be approved. The motion carried with a recorded roll call vote taken as follows:
Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Degner and Council Member
Shearer
No: 0
Absent: 1- Council Member Byrd
5.a. Minutes
These Minutes were approved on the Consent Agenda.
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5.b. Joint School Board Meeting Minutes
These Minutes were approved on the Consent Agenda.
5.c. Consider a supplemental appropriation for various purposes in the gross amount
of $7,365,566
This Supplemental Appropriation was approved on second reading.
6. Unfinished Business
6.a. Consider solid waste management resolution
City Attorney Brown presented the resolution that was tabled during the last council
meeting. City Attorney Brown stated this resolution puts all the recycling and trash
fees in one location. Council Member Shearer stated he was the one that tabled it
and he spoke to the individual that he wanted to review it and stated the person met
with Public Works and it was a successful meeting.
A motion was made by Council Member Degner, 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 Jones, Vice-Mayor Baugh, Council Member Degner and Council Member
Shearer
No: 0
Absent: 1- Council Member Byrd
7. Public Hearings
7.a. Consider an amendment to 2014 CDBG Action Plan
Ande Banks, Director of Special Projects and Grant Management, presented the
summary of the proposed 2014 CDBG Action Plan amendment that included the
following: $99,570.75 that was allocated to the East Wolfe Street Sidewalks Project
will be moved to the new West Mosby Road Sidewalks Project. Mr. Banks stated the
reason for the change is based on the new map that was distributed by the US
Department of Housing of Urban Development (HUD) based on the 2010 census.
Council Member Degner asked about the Newtown Cemetery and where that fell on
the map. Mr. Banks stated the Newtown Cemetery project is not eligible for CDBG
funding due to prior consideration by HUD and its location outside of an eligible
census tract. Mr. Banks presented the amendment schedule and stated the public
comment period ends on March 2, 2015 at 9:00 a.m.
At 7:54 p.m., Mayor Jones closed the regular session and called the first public
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hearing to order. A notice appeared in the Daily News-Record on Monday, January
19, 2015.
John Lutz, 1065 Hamlet Drive, stated he is looking to invest in that area and he would
like to see more police patrol to control near Mosby Court in the 25 MPH speed limit
especially if sidewalks are installed.
Dr. Panayotis "Poti" Giannakouros, 98 Emory Street, stated he was in the area today
and was pleased to see the pedestrian crossing feature that was installed, but not yet
activated and feels the sidewalks will be used. Dr. Giannakouros stated he was
concerned that this project was being chosen against the project on Wolfe Street. Dr.
Giannakouros stated he would have liked to see a more detailed map of where the
LMI neighborhoods are, because sidewalks aren't benefiting those whose house they
are in front of, but those going through the area. Dr. Giannakouros suggested funding
both of them to help our city thrive.
Council Member Shearer stated HUD has stringent rules that we need to abide by .
Mr. Banks stated he will place the new map on the city website and if the funds aren't
used properly they can be taken back from HUD.
Mayor Jones asked if the Northeast Neighborhood didn't qualify due to higher incomes
within the neighborhood. Mr. Banks stated he would provide council with the equation
HUD uses when determining the LMI areas.
At 8:01 p.m., Mayor Jones closed the public hearing and the regular session
reconvened.
8. Regular Items
8.a. Presentation about the 6th Annual Brent Berry Food Drive
Bucky Berry, 30 West Washington Street, provided an overview of individuals going
hungry every night.
Brent Berry reviewed the results of his 2014 6th annual Brent Berry Food Drive which
included filling two tractor trailer loads of food and they assisted 3500 families in the
City of Harrisonburg and Rockingham County. Mr. Berry thanked all those who
helped and named other items that were collected other than food during the event .
Mr. Berry noted that this was not a Salvation Army event, but a family event.
Mr. Berry noted in a few weeks they would be collecting food at the Ford Dealership .
Mr. Berry asked council to consider an allocation of $100,000-150,000 towards
homelessness. He also noted that details will soon be released about a summit on
hunger and homelessness.
8.b. Consider amendments to the City’s employment policy
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City Attorney Brown stated city staff and council were approached by Virginia
Organizing to review the employment policy and with the direction of council, staff has
reviewed the policy. City Attorney Brown presented the revisions to the city's
employment policy. City Attorney Brown stated staff has met with and received
feedback from members of the community, has contacted various other localities, and
reviewed employment policies from a variety of businesses and Virginia localities .
City Attorney Brown noted that items marked in yellow and green aren't for council's
consideration, but they were items the Human Resources were correcting. City
Attorney Brown noted some of the changes and they were the following: added
language to affirmatively state that the city seeks a diverse and inclusive workforce; all
openings will be advertised to existing employees and to the general public, unless a
waiver is received; advertise job openings in a variety of ways to increase the diversity
of applicants; and included the extended list of protected classes to cover the state
and federal laws.
Jennifer Whistleman, Director of Human Resources, stated there are some initiatives
listed that the city already is doing, some of the items listed will take more time and
resources. Ms. Whistleman noted that department directors attend trainings and
educational classes, but they will be expanded. Ms. Whistleman stated that she has
spoken to Charlottesville several times who have been working in this capacity for the
last ten years.
Mayor Jones asked if the minority contact list continue to grow. Ms. Whistleman
stated that it has already grown and will continue to grow. Council Member Degner
asked if there is anything else that wasn't noted during the presentation that Ms .
Whistleman has learned. Ms. Whistleman stated it takes a commitment of time and
will continue to take time as they continue reviewing the recruitment policies, minimum
standards for each position and how positions are advertised for each position. City
Attorney Brown stated Virginia Organizing has requested further meetings and he
would be happy to do so and these policies can be revisited.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to approve the
amendments are presented. The motion carried with a recorded roll call vote taken as follows:
Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Degner and Council Member
Shearer
No: 0
Absent: 1- Council Member Byrd
8.c. Consider Amendment to Section 4-2-31 of the Harrisonburg City Code (Retail
Revitalization Zone)
Brian Shull, Economic Development Director, provided a history of the revitalization
zone and stated the proposal is to expand the boundary of the South Main Street
Retail Revitalization Zone. Mr. Shull stated the current zone extends from the
southern city limits along South Main Street to the Stone Spring/Erickson Avenue
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intersection and has been used as a great incentive. Mr. Shull stated both city staff
and the Economic Development Advisory Committee recommend extending this zone
further north along South Main Street to the South Avenue intersection. The intent is
to encourage continued retail redevelopment along this corridor by offering incentives
for new capital investment of $1M or more. Mr. Shull stated the initiative puts a freeze
on the assessed value for up to five years. Mr. Shull stated this request is not
changing incentives, but it is expanding the area. Council Member Degner asked Mr .
Shull about his reasoning behind $1M or more. Mr. Shull stated with this particular
program, the $1M requirement is where we need to be for real estate development;
however, there are other programs that we could tweak for the smaller properties .
Council Member Degner stated he would be interested to hear ideas for the smaller
retailers outside of the downtown area. Council Member Shearer clarified that the city
isn't abating all taxes; this program freezes the current assessed value and collects
taxes on the building as is. Mr. Shull stated with making these changes the business
should be getting additional retail sales which would bring more revenue to the city .
City Manager Hodgen noted that this program also encourages businesses to look at
current vacant properties.
A motion was made by Council Member Shearer, seconded by Vice-Mayor Baugh, to amend
Section 4-2-31 of the Harrisonburg City Code to expand the area as noted and to be approved on
first reading. The motion carried with a recorded roll call vote taken as follows:
Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Degner and Council Member
Shearer
No: 0
Absent: 1- Council Member Byrd
8.d. Presentation on a proposed project to replace the Park View tank and Pump
Station
Mike Collins, Director of Public Utilities, introduced the individuals who helped put the
project together and presented pictures of the current Park View Water Tank and
Pump Station. Mr. Collins stated there are two drivers of this project which are fire
protection and asset management and he reviewed the reason ’s which included the
following: tank must be upgraded from 75,000 gallons to 405,000 gallons of water;
pump station must be upgraded from 300 gallons per minute to 750 gallons per
minute; and repairs are becoming more difficult to be completed to the 1960 tank and
pump station. Mr. Collins stated the preliminary engineering report (PER) will bring
closure to the planning phase and enter the design phase. The PER provides the
scope, cost and the schedule for the project. Mr. Collins stated in order the close the
planning phase, he is seeking council's approval of the PER document so it can be
forwarded to the Virginia Department of Health Water Resources Division (VDH) for
approval, work with stakeholders and develop an interim funding strategy. Mr. Collins
stated this planning process began in 1996 and he hopes to close it in 2015. Mr.
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Collins noted that it took a while for Eastern Mennonite University to become a partner
and reviewed the scope of the project which included the tank located on EMU
property. Mr. Collins noted the pump station is being proposed with the Public Works'
roundabout proposal on Chicago Avenue and Mount Clinton Pike. Mr. Collins stated
currently the water tank is a steel tank and it would be replaced with something similar
called a steel bowl and concrete pedestal, which provides the best life cycle costs and
aesthetic options. Mr. Collins stated there were several community input opportunities
on the following: type of water tank, color and style, graphics and text, architectural
amenities, landscaping, access, ancillary uses and lighting. Mr. Collins stated the
community has expressed that they want something to come back to the community
or the school. Mr. Collins stated there has been funding allotted to graphics, but
nothing final yet. Mr. Collins stated the tower will plan for cell phone towers. Mr.
Collins stated there is an option for an observation deck that could be used for
classes; however, at this time there is not commitment for funding and he is not asking
council to approve this option. Mr. Collins stated with that being said, he could make
this project have the opportunity to keep the option open by taking bids on it and not
choosing to include it. Mr. Collins stated there have been discussions within the
community about getting this option added. Mr. Collins stated the base scope without
any amenities would cost $3,928,000 for the entire project. Mr. Collins stated there
aren't funds in the current budget to fund this project, but feels that the project can be
reduced to $3,500,000 by city crews doing preparation work. Mr. Collins stated the
city would have to get into a debt service for 30 years at 3%, costing approximately
$180,000 per year. Mr. Collins stated that would impact the rate to approximately
$0.09 per 1,000 gallons for customers. Mr. Collins reviewed the schedule with site
work and utility construction to begin this year. Mr. Collins suggested having the bid
released in November, so construction could begin in 2016. Mr. Collins asked for
council's approval to move this document forward to the health department. Mr.
Collins stated that the city would need to start pursuing borrowing funds in November;
however, with work taking place before November he suggested reviewing interim
funding options. Mr. Collins stated negotiation for land acquisition will continue.
Council Member Shearer stated approving the PER is not approving the plan or the
cost of the project. Mr. Collins stated if the next three steps are completed, the next
step will be procurement of engineering and design in which we would need to have
approval about the project before incurring the engineering expenses. Council
Member Degner asked if there were any aesthetics that were being looked at for cost
sharing. Mr. Collins stated over the next few months his department would continue
working with stakeholders to gather more information. City Manager Hodgen stated
all the items that are considered as amenities can be included in the bid which would
allow us to pick and choose which items we feel are necessary now and /or later.
Mayor Jones asked if there would be a particular time for citizens to submit designs
and ideas. City Manager Hodgen feels that opportunity would take place during the
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negotiations with the community.
A motion was made by Vice-Mayor Baugh, seconded by Council Member Degner, to approve the
PER for the Park View Water Tank and Pump Station to be submitted to the Health Department.
The motion carried with a recorded roll call vote taken as follows:
Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Degner and Council Member
Shearer
No: 0
Absent: 1- Council Member Byrd
8.e. Consider resolution incorporating additional lane mileage into VDOT’s Highway
Maintenance Inventory
Tom Hartman, Assistant Director of Public Works, stated the reason for this update is
from a project inventorying our streets within Harrisonburg that was completed with
VDOT during this past summer. Mr. Hartman stated a few of those adjustments could
be done administratively in Richmond, but the addition of 1.68 miles of lane mileage
and .84 center line miles on Lucy Drive and Goldfinch Drive needed to be done by
resolution. Mr. Hartman reviewed the maintenance program overview which included
the following: cities are responsible for street maintenance; funds received from VDOT
for moving lane mileage; exclusions from the program; street classifications; allowable
maintenance activities; and non-allowable maintenance activities. Mr. Hartman
reviewed the maintenance payments which included the following: the city receives
quarterly payments; 80.49 lane miles of arterials and 243.29 lane miles of
collector/local streets; city receives $4.3 million is FY2015; and payment rates set by
Commonwealth Transportation Board on an annual basis. Mr. Hartman presented a
graph showing allowable charges versus VDOT funding and noted in 2014 VDOT
opened the program for maintenance and paving which the city has received
additional funds. Mr. Hartman also showed a graph comparing the streets that are in
need of repair and streets that have been repaved which has decreased the gap due
to extra funding; however, the gap that still exists causes only the worst road to get
paved. Mr. Hartman reviewed the expectations from the state that included the
following: uncertainty at state level regarding continued funding for transportation
programs; state maintenance reimbursement rates have not kept pace with
maintenance needs; and in order maintain current levels of service, the city has
subsidized the state's maintenance fund. Mr. Hartman requested council to approve
the resolution as presented.
A motion was made by Council Member Shearer, seconded by Council Member Degner, to
approve the resolution to incorporate the additional lane mileage on Lucy Drive and Goldfinch
Drive be approved. The motion carried with a recorded roll call vote taken as follows:
Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Degner and Council Member
Shearer
No: 0
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Absent: 1- Council Member Byrd
9. Supplementals
9.a. Consider a supplemental appropriation for the Parks & Recreation Department in
the amount of $12,577.50
City Manager Hodgen stated these funds were recovered from a break -in that was
sustained at the Hillandale Park Maintenance Facility. City Manager Hodgen stated
funds come into the city's General Fund and then need to be appropriated to the
Parks and Recreation Department to expend those funds.
A motion was made by Council Member Degner, seconded by Council Member Shearer, that this
Supplemental Appropriation be approved on first reading. The motion carried with a recorded
roll call vote taken as follows:
Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Degner and Council Member
Shearer
No: 0
Absent: 1- Council Member Byrd
9.b. Consider a supplemental appropriation for the Police Department in the amount of
$14,183.00
City Manager Hodgen presented agenda items 9.b., 9.c. and 9.d. together.
City Manager Hodgen stated these funds were awarded through a DOJ Edward Byrne
Memorial Justice Assistance Grant and will be used to purchase force -on-force
training equipment which is simulation training equipment to teach officers force
training at various levels.
A motion was made by Council Member Degner, seconded by Council Member Shearer, to
approve Supplemental Appropriations 9.b., 9.c. and 9.d. on first reading. The motion carried with
a recorded roll call vote taken as follows:
Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Degner and Council Member
Shearer
No: 0
Absent: 1- Council Member Byrd
9.c. Consider a supplemental appropriation for the Police Department in the amount of
$34,675.00
City Manager Hodgen presented agenda items 9.b., 9.c. and 9.d. together.
City Manager stated these funds were awarded through a DMV Grant for
transportation safety and provides funds for saturation patrols, checkpoints,
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equipment and training with the objective to increase safety belt usage; reduce the
number of alcohol/drug related crashes, injuries and fatalities; decrease speed related
crashes; reduce motorcycle crashes; and improve the collection and accessibility of
traffic records data.
A motion was made by Council Member Degner, seconded by Council Member Shearer, to
approve Supplemental Appropriations 9.b., 9.c. and 9.d. on first reading. The motion carried with
a recorded roll call vote taken as follows:
Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Degner and Council Member
Shearer
No: 0
Absent: 1- Council Member Byrd
9.d. Consider a supplemental appropriation for the Police Department in the amount of
$47,000.00
City Manager Hodgen presented agenda items 9.b., 9.c. and 9.d. together.
City Manager Hodgen stated these funds would be transferred from Federal Asset
Forfeiture Funds, law enforcement use only, to the Administration Police Supply line
item to purchase new Glock 9mm pistols and accessories to replace current weapons.
City Manager Hodgen stated the department will trade in the existing firearms and an
additional $50.00 per gun to receive these new firearms.
A motion was made by Council Member Degner, seconded by Council Member Shearer, to
approve Supplemental Appropriations 9.b., 9.c. and 9.d. on first reading. The motion carried with
a recorded roll call vote taken as follows:
Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Degner and Council Member
Shearer
No: 0
Absent: 1- Council Member Byrd
9.e. Consider a budget reallocation for the Public Works Department in the amount of
$2,613,995
City Manager Hodgen stated this request would transfer funds from the Stone
Spring/Erickson line item to the Reservoir Street line item. City Manager Hodgen
noted that during last year's work session we were waiting to hear about the revenue
sharing to do Phase IV of Stone Spring/Erickson. We determined at that time that
project wasn't a priority project and we were aware that we needed additional funding
to complete the estimated cost of the Reservoir Street project. City Manager Hodgen
stated with the approval of VDOT, staff is recommending moving the funds and with
approval of VDOT we will subsequently apply for Stone Spring/Erickson Phase IV
when we are ready to proceed with the project. City Manager Hodgen also noted the
transfer of funds from Ramblewood Athletic Complex to the Pleasant Valley Road
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Bridge.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, that this
Reallocation be approved on first reading. The motion carried with a recorded roll call vote
taken as follows:
Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Degner and Council Member
Shearer
No: 0
Absent: 1- Council Member Byrd
9.f. Consider a supplemental appropriation for the School Board in the amount of
$100,000
City Manager Hodgen stated this request is from the School Board to cover the
incurred architecture and engineering costs to-date for new school construction. City
Manager Hodgen stated staff recommends approval of the supplement appropriation.
A motion was made by Vice-Mayor Baugh, seconded by Council Member Degner, that this
Supplemental Appropriation be approved on first reading. The motion carried with a recorded
roll call vote taken as follows:
Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Degner and Council Member
Shearer
No: 0
Absent: 1- Council Member Byrd
10. Other Matters
Council Member Degner stated there was a Finance Committee scheduled and he
and Council Member Shearer filled in due to scheduling conflicts, and they reviewed
information from comparison schools. Council Member Degner stated he felt that it
was important for the School Board Liaison Committee meet in the upcoming weeks.
It was noted the Liaison Committee is to meet early next week.
Council member Degner reminded everyone to stay safe on the ice that is still around.
Council Member Shearer echoed Council Member Degner about the meetings that
need to be held.
Vice-Mayor Baugh reviewed the two matters coming from Planning Commission to
City Council.
Mayor Jones congratulated the owners of Popeye’s, Ponsy and Nuanta
Wareechatchai, of the opening of another business. He noted that they were
Harrisonburg graduates and it is nice to see people staying in the community and
raising their families here.
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11. Boards and Commissions
Council Member Shearer noted that a member of the Parks and Recreation
Commission stated he would be submitting his resignation.
12. Closed Session
At 9:09 p.m., a motion was made by Council Member Degner, seconded by Council Member
Shearer, to enter into closed session as authorized by the Virginia Freedom of Information Act,
Virginia Code Section 2.2-3711(A), under: Subsection 3 for the discussion of the acquisition of
real estate for the public purpose. The motion carried with a recorded roll call vote taken as
follows:
Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Degner and Council Member
Shearer
No: 0
Absent: 1- Council Member Byrd
12.a. Discussion or consideration of the acquisition of real property for a public purpose
13. Adjournment
At 9:33 p.m., the closed session ended and the regular session reconvened. City
Attorney Brown read the following statement, which was agreed to with a unanimous
recorded vote of Council: I hereby certify that to the best of my knowledge (1) only
public business matters lawfully exempted from open meeting requirements under
Chapter 37 of Title 2.2 of the Code, of Virginia, 1950, as amended, and (2) only such
public business matters as were identified in the motion by which the closed meeting
was convened were heard, discussed or considered in the closed meeting by the City
Council.
At 9:33 p.m., there being no further business and on motion adopted, the meeting was
adjourned.
___________________________ ___________________________
CLERK MAYOR
City of Harrisonburg Page 13 Printed on 2/11/2015
Agenda
409 S. Main Street
City of Harrisonburg Harrisonburg, VA 22801
Meeting Agenda
City Council
Monday, January 26, 2015 7:00 PM Council Chambers
1. Roll Call
2. Invocation
3. Pledge of Allegiance
3.a. Harrisonburg High School Musical - Seussical
Review & Students from Harrisonburg High School will perform a song from the upcoming
Recommendation: musical which will take place at the high school on February 18 through February 22,
2015.
4. Comments from the public, limited to five minutes, on matters not on the regular
agenda. (Name and address are required)
5. Consent Agenda (any item placed on the consent agenda shall be removed and
taken up as a separate matter, if so requested by any member of Council, otherwise all
items will be voted on with one (1) motion)
5.a. Minutes
Attachments: January 13, 2015 Draft Meeting Minutes
5.b. Joint School Board Meeting Minutes
Attachments: Draft Joint School Board Minutes
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City Council Meeting Agenda January 26, 2015
5.c. Consider a supplemental appropriation for various purposes in the gross amount of
$7,365,566
Review & This agenda item combines two supplemental appropriations into one public hearing as
Recommendation: follows:
(1) At its November 25, 2014 meeting, City Council approved various uses of surplus
General Fund unappropriated fund balance for capital project and operating purposes.
This supplemental appropriation transfers these amounts to the various budget line
items.
A portion of the first supplemental appropriation is funding for the January 1, 2015 pay
study implementation. These funds will be placed into a pay study reserve account in
the General Fund. It is requested that the City Manager is authorized to transfer these
budgeted funds within and between the various funds and departmental budgets of the
city as needed.
(2) A supplemental appropriation to budget various VDOT grant and revenue sharing
funds for three projects. These projects include transportation enhancement grant
funding received for East Market Street safety improvements ($185,191.17) and
revenue sharing funding for the Reservoir Street project ($2,000,000) and Northend
Greenway project ($600,000). The supplemental also appropriates the remaining
residual interest earnings from the 2011 bond issue for the Reservoir Street project
($2,375.12)
The supplemental appropriations represent an increase of over 1% of the total city
budget. Code of Virginia Section 15.2-2507 requires a public hearing for budget
amendments that exceed 1% of the budget.
Attachments: Supplemental Appropriation
Supplemental Appropriation (PW VDOT)
Public Hearing Notice
Legislative History
1/13/15 City Council approved
6. Unfinished Business
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City Council Meeting Agenda January 26, 2015
6.a. Consider solid waste management resolution
Review & The City of Harrisonburg operates a solid waste collection and disposal system for the
Recommendation: City's residents and businesses. As part of the solid waste management system the
City has a Solid Waste Management Plan which is required and has been approved by
the Commonwealth of Virginia. One of the goals of the Solid Waste Management Plan
is to assist the City in meeting the Commonwealth's requirement that the City recycle at
least 25% of the total solid waste generated each year in the City. In order to achieve
the state mandate, the City has a curbside recycling collection and disposal program in
addition to its solid waste collection and disposal system.
Under applicable state law, the City is entitled to charge for its solid waste and recycling
collection and disposal services provided to its citizens. Harrisonburg City Code
Section 6-2-39 provides that the monthly rates for such services be set by City Council
from time to time and maintained on file in the City Manager's office. In May of 2008
the City Council passed a resolution setting a fee of $20.00 per month for solid waste
collection. As part of that resolution, Council designated $10.00 of that fee for refuse
collection and $10.00 as the City's solid waste management fee. Since 2008, changes
to the refuse collection fees and the solid waste management fees were approved as
part of the City's annual budget. The result has been that it is now difficult to locate and
identify the approved fees, and to maintain the list of fees in the City Manager's office
as required by the City Code. Furthermore, the resolution approved by Council in 2008
set the refuse collection fees and solid waste management fees for "city residences".
Although the intent of the resolution appears to have been to set fees for all those within
the City receiving solid waste collection services, the use of the term "residences" could
be seen as not inclusive.
To address these concerns, staff has prepared the attached resolution for Council's
consideration.
Attachments: Trash Recycling Fees
Trash.Recycling Fees Amended
Trash.Recycling Fees Clean
Legislative History
1/13/15 City Council tabled
7. Public Hearings
7.a. Consider an amendment to 2014 CDBG Action Plan
Review & This public hearing is required by HUD to receive citizen comments on an amendment
Recommendation: to the Community Development Block Grant 2014 Action Plan. Staff proposes that the
following amendment be made:
* $99,570.75 that was allocated to the E. Wolfe St. Sidewalks Project (15CDBG03) will
be moved to the NEW West Mosby Rd. Sidewalks Project (15AMEND1).
Staff will make a short presentation, to be followed by a public hearing and a 30 day
public comment period. There is no action needed on this item at this time.
Attachments: Amendment Schedule
Public Hearing Notice
8. Regular Items
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8.a. Presentation about the 6th Annual Brent Berry Food Drive
Review & Bucky and Brent Berry will present to Council the results of the 2014 6th annual Brent
Recommendation: Berry Food Drive. Among the highlights of this endeavor, two tractor trailer loads of
food were collected and 3500 families in the City of Harrisonburg and Rockingham
County were helped.
8.b. Consider amendments to the City’s employment policy
Review & This is a revision to the City's employment policy. In accordance with previous direction
Recommendation: of Council, staff has met with and received feedback from members of the community,
has contacted various other localities, and reviewed employment policies from a variety
of businesses and Virginia localities. Based on that research, staff recommends
several changes to the City's existing employment policy. These changes include the
following general items.
Staff added language to affirmatively state that the City seeks a diverse and inclusive
workforce. Other language was added to the policy to ensure that this goal is
considered in hiring decisions.
Going forward, internal only job postings will not be used. All openings will be
advertised to existing employees and to the general public. A manager or supervisor
may apply to the Human Resources Director for a waiver of this requirement if there is
a current employee already trained and qualified for the opening.
The policy revisions instruct the Human Resources Department to advertise job
openings in a variety of ways to increase the diversity of applicants.
The City may continue to consider an existing employee's service and job performance
during the hiring process. City employees and the general public will be notified of job
openings at the same time. The City will also give preferential consideration to qualified
City employees who have been laid off.
There is a legal issue related to the employment policy which should be brought to
Council's attention. The policy list various classes of individuals protected from
discrimination. These classes for the most part are found in various federal laws, the
Virginia Human Rights Act, or other state laws. These classes include race, color,
religion, national origin, sex, pregnancy, childbirth or related medical conditions, age,
marital status, disability, or veteran status.
Several years ago the City's employment policy was amended to add sexual orientation
and gender to the non-discrimination sections. The use of the term "gender" could be
read to include gender identity. There are several Attorney General Opinions from the
last twenty five years or so that opine that localities have no authority to add protected
classes to their employment policies outside of the classes found in state and federal
law. Sexual orientation and gender identity are not classes specifically protected by
federal or state statute (although in July of last year President Obama signed an
executive order protecting employees of the federal government and federal
contractors from discrimination based on sexual orientation and gender identity).
Attempts to add sexual orientation and/or gender identity to the Virginia Humans Rights
Act as protected classes have repeatedly failed in the General Assembly. Virginia's
current Attorney General has not issued an opinion on this issue.
In short, there is a viable argument that adding sexual orientation and gender identity to
the City's employment policy's prohibition on discrimination is not authorized by state
law. Despite this, many jurisdictions in Virginia have included these classes for
protection under their employment policies. There is no legal penalty associated with
adding classes to our employment without authorization.
Attachments: Section II - Employement - Draft
Section II - Employement - Clean Version
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8.c. Consider Amendment to Section 4-2-31 of the Harrisonburg City Code (Retail
Revitalization Zone)
Review & This proposal expands the boundary of the South Main Street Retail Revitalization
Recommendation: Zone. The current zone extends from the southern city limits along S. Main Street to
the Stone Spring / Erickson Avenue intersection. City staff and the Economic
Development Advisory Committee recommend extending this zone further north along
S. Main Street to the South Avenue intersection. The intent is to encourage continued
retail redevelopment along this corridor by offering incentives for new capital
investment. This is a first reading.
Attachments: Retail Revitalization Zone Ordinance
South Main Retail Zone - CURRENT MAP
South Main Retail Zone - NEW MAP
Retail Revitalization Zone - NEW Southern Boundary
8.d. Presentation on a proposed project to replace the Park View tank and Pump Station
Review & Harrisonburg Public Utilities (HPU) will present the Preliminary Engineering Report
Recommendation: (PER) for a proposed capital improvement funded project to replace Park View Tank
and Pump Station. The PER is presented at a time in the project schedule when
approvals of scope, cost, and schedule are decisive to continuing or stopping the
project. Approvals are required from both the Harrisonburg City Council and the Virginia
Department of Health Water Resources Division (VDH).
The PER is a technical document intended to meet Virginia Waterworks requirements
to plan water related projects with technical complexity and to also serve as the
procurement scope for engineering services that are needed to continue the project. An
executive summary generalizes the technical contents and is provided at the beginning
of the PER. The HPU Director will provide additional information in a PowerPoint
presentation of the project.
Attachments: Park View Tank & Pump Station PER
8.e. Consider Resolution incorporating additional lane mileage into VDOT’s Highway
Maintenance Inventory
Review & Due to a 2014 VDOT Urban Maintenance Inventory Reconciliation project, it was
Recommendation: determined the following streets required mileage adjustments. With this resolution, we
are requesting that this street mileage be updated to the lengths shown on the attached
U-1 report. The FY16 maintenance payments received from VDOT will be updated
accordingly.
Attachments: 2015-01-21 U-1 MAP
2015-01-21 U-1 Form
Resolution
9. Supplementals
9.a. Consider a supplemental appropriation for the Parks & Recreation Department in
the amount of $12,577.50
Attachments: Supplemental Appropriation (P&R)
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City Council Meeting Agenda January 26, 2015
9.b. Consider a supplemental appropriation for the Police Department in the amount of
$14,183.00
Review & These funds were awarded through a DOJ Edward Byrne Memorial Justice Assistance
Recommendation: Grant. Funds will be used to purchase force-on-force training equipment.
Attachments: Supplemental Appropriation (PD DOJ)
2014DJBX0268Approval
2014DJBX0268Award
9.c. Consider a supplemental appropriation for the Police Department in the amount of
$34,675.00
Review & These funds were awarded through a DMV Grant for transportation safety. This grant
Recommendation: provides funds for saturation patrols, checkpoints, equipment and training with the
objective to increase safety belt usage; reduce the number of alcohol/drug related
crashes, injuries and fatalities; decrease speed related crashes; reduce motorcycle
crashes; and improve the collection & accessibility of traffic records data.
Attachments: Supplemental Appropriation (PD DMV)
2015DMVA Award
2015DMVS Award
9.d. Consider a supplemental appropriation for the Police Department in the amount of
$47,000.00
Review & These funds would be transferred from Federal Asset Forfeiture Funds (Law
Recommendation: Enforcement use only) the Administration Police Supply line item to purchase new
Glock 9mm pistols and accessories. Attached is a quote for the cost of the equipment.
Attachments: Supplemental Appropriation (PD)
Glock - Council Agenda
Glock 9mm Replacement Proposal 20 JAN 2015
9.e. Consider a budget reallocation for the Public Works Department in the amount of
$2,613,995
Review & The Public Works Department requests the following budget reallocations:
Recommendation: * $2,500,000 from Erickson/Stone Spring (910141-48363) to Reservoir St
(910141-48659).
* $113,995 from Ramblewood Athletic Complex (910141-49737) to Pleasant Valley
Road Bridge (910141-48730).
Attachments: Budget Reallocation (PW)
9.f. Consider a supplemental appropriation for the School Board in the amount of
$100,000
Review & The School Board has incurred approximately $100,000 in architecture and engineering
Recommendation: costs to-date for new school construction. These funds will be transferred to the School
Capital Projects Fund from the General Fund's unappropriated fund balance.
Attachments: Supplemental Appropriation (HCPS)
10. Other Matters
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11. Boards and Commissions
12. Adjournment
13. Closed Session
13.a. Discussion or consideration of the acquisition of real property for a public purpose
City of Harrisonburg Page 7 Printed on 1/27/2015
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