City Council
Regular MeetingHarrisonburg, VA · May 12, 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, May 12, 2015 7:00 PM Council Chambers
1. Roll Call
Present: 5- Mayor Christopher B. Jones, Vice-Mayor Richard Baugh, Council Member Ted
Byrd, Council Member Kai Degner and Council Member Abe Shearer
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
Vice-Mayor Baugh offered the invocation.
3. Pledge of Allegiance
Mayor Jones led the Pledge of Allegiance.
3.a. Proclamation - Police Week
Mayor Jones recognized the Harrisonburg Police Department (HPD) for Police Week.
Mayor Jones commended the three officers that were inducted into the HPD last
week. Mayors Jones asked for everyone to commend HPD officers as well as the
Sheriff's Department this week.
4. Comments from the public, limited to five minutes, on matters not on the regular
agenda. (Name and address are required)
James "Bucky" Berry, 30 West Washington Street, stated he would like to see take
home vehicles reduced for city employees.
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 Byrd, seconded by Council Member Degner, that the
Consent Agenda be approved. The motion carried with a recorded roll call vote taken as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
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5.a. Minutes
These Minutes were approved on the Consent Agenda.
5.b. Consider a supplemental appropriation for the General Capital Projects Fund in
the amount of $39,819
This Supplemental Appropriation was approved on second reading.
6. Unfinished Business
6.a. Consider amending the Zoning Ordinance Section 10-3-30.1; Parking Lot
Landscaping regulations, by proposing minor modifications to add flexibility and to
improve and clarify its application
Stacy Turner, Director of Community Development, reported that no comments were
received by the Shenandoah Valley Builders Association (SVBA) after contacting the
group twice following the discussion during April 28, 2015 Council Meeting.
A motion was made by Vice-Mayor Baugh, seconded by Council Member Byrd, that this Zoning
Ordinance be approved on first reading. The motion carried with a recorded roll call vote taken
as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
7. Public Hearings
7.a. Consider a request from Alan E. Strawderman to rezone a 0.45-acre parcel zoned
B-2C, General Business District Conditional by amending existing proffers on the
property located at 1320 Port Republic Road
Vice-Mayor Baugh recused himself from the rezoning request.
Adam Fletcher, City Planner, stated the written report shows the history of the
property and then reviewed the property and surrounding properties. Mr. Fletcher
stated the use of the property is restricted with the existing proffers. Mr. Fletcher
stated because of the existing limitations, the applicant is requesting to rezone the
property by amending the existing proffers to the following: use restrictions: all uses
delineated in Harrisonburg’s Zoning Ordinance, Article Q. B-2 General Business
District, § 10-3-90 (1) and (15) shall be permitted on the property except that no
drive-thru, restaurant or shopping centers will be allowed; sign restrictions: the total
square footage of all freestanding signs will not exceed 24 sf (each side), the
freestanding sign height will be limited to 6 feet, no electronic message boards or
flashing signs shall be permitted on site; the building will not be open later than 11:00
p.m. and not open before 6:00 a.m.; and, a six-foot opaque privacy fence shall be
installed adjacent to any new parking lot area along the northern and eastern property
lines. In addition, an evergreen vegetated screen shall be installed along the same
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boundaries. At the time of planting, such plantings shall be at least six feet in height
and planted a minimum of seven feet on center so as to form a dense screen. Such
vegetation shall be maintained and replaced when necessary. Mr. Fletcher presented
a non proffered layout of the property. Mr. Fletcher noted a triangular ingress-egress
easement on the right side of the property as well as an 18 foot private easement on
the left side of the property for the mobile home park. If the request is approved, the
differences between the currently permitted uses and what the proposed proffers
would allow includes the following: personal service establishments would be added
as an allowable use along with the previously permitted mercantile establishments,
which promote the show, sale and rental of goods-the site would no longer be
required to permit only a use substantially the same as VIP Scooters, or for the
building to be renovated and reduced in size or a new smaller building constructed in
its place so that minimum parking requirements could be met; the open space area
north of the building could be fully utilized for any of the allowed uses including it being
a parking area for those uses; the site could operate until 11:00 p.m. rather than being
limited to 9:00 p.m.; no electronic message boards or flashing signs would be
permitted along with the current sign restrictions; and, the site would be required to
screen any new parking lot area along the northern and eastern property lines with a
six-foot privacy fence and a dense evergreen screen. Mr. Fletcher stated although
some may believe there are few differences, staff believes those differences are quite
impactful and is recommending denial of the request. Mr. Fletcher reviewed staffs
concerns which included the following: hardship for surrounding property owners with
extended hours; property not conforming with the Comprehensive Plan's Land Use
Guide; Public Works noted no additional turn lanes would be needed, recommended
the applicant consider ways to limit backing from parking spaces into the shared
driveway and the driveways for the mobile home park and the commercial use would
be kept separate; staff recommended accommodations be made with the
ingress-egress easement and noted the large landscape island to the right side of the
property to force individuals from the travel aisle; there are five public school bus
stops at the site during the school year; concerns with pedestrian traffic mainly due to
the student housing complex (Aspen Heights) located nearby in the county and there
is no designated street crossing located near the site; and, the property across the
street was heavily proffered.
Council Member Byrd questioned if there was anyone in the current property, if it was
zoned B-2 conditional and if anyone had contacted Harrisonburg Transportation. Mr.
Fletcher stated to his knowledge the property is currently vacant and zoned B -2
conditional and the applicant can speak more about his conversation with
Harrisonburg Transportation. Mr. Fletcher did note the applicant was considering a
safe zone for a bus stop, but it wouldn't have been located on the site. Council
Member Degner asked if a crosswalk had been considered when the Health Center
was put in across the street. Mr. Fletcher stated not to his knowledge.
At 7:18 p.m., Mayor Jones closed the regular session and called the first public
hearing to order. A notice appeared in the Daily News-Record on Monday, April 27,
2015 and Monday, May 4, 2015.
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Ed Blackwell, Blackwell Engineering, representing the applicant of this request, stated
he met with Mr. Smith with Harrisonburg Transportation and he noted that the stop
wasn't any worse from any others, but there was a special needs bus that needed to
pick up and drop off a student at the location. Mr. Blackwell stated whether this
request is approved or not the applicant is going to give an easement to the
Harrisonburg City Schools to pull onto the property to pick up and drop off that one
particular student. Mr. Blackwell stated the applicant has received e-mail approval
from the adjacent property owner, mobile home park, to place a bus shelter and pad
on the south end of the property which would be an easement to the city. Mr.
Blackwell stated several of the neighbors are here tonight in support of the request
and the building has been located there for 52 years. Mr. Blackwell stated the
driveway located on the south side can't be closed even though they own the property
due to an easement for the mobile home park. Mr. Blackwell stated parking is going
to be added to the north end of the property to pull the parking away from the south
driveway. Mr. Blackwell informed council that when the city widened the property
there is now a culvert that blocks the access to the easement on the south side, so
the applicant is going to provide a new easement to the adjacent neighbor so they can
access their 18 foot easement. Mr. Blackwell stated he has been involved with
several rezonings and he has never seen this many people in favor of something and
he stated traffic doesn't seem to be a problem at the property.
Alan "Butch" Strawderman, owner of the property, stated he appreciated some of the
comments and he has spent a lot of time in surrounding area with neighbors which are
in favor of the request and not a person showed opposition to the proposed 11:00
p.m. proffer. Mr. Strawderman stated it doesn't matter if this request is approved or
not, a handicap bus will be allowed on the property.
Ina Thompson, lives directly behind store, stated she has lived there for 32 years and
hasn't seen any problems with the property or children getting on or off the bus. Ms.
Thompson stated she loved when the property was a store and hopes that a store will
return.
Walter Price, another mobile home resident, stated he has lived there since 1972 and
doesn't see a problem with the request.
Children spoke on behalf of their parents Maria and Adolfo Ramirez, 1310 Parkview
Road, stated their parents are in favor of the request and the property not being
vacant. They noted the applicant taking time and making an effort to make the
property better for the neighbors and feel that the college students can cross the
street without any problems.
Alexandra Falconi, 1182 Neilson Drive, stated she works at the hospital and this would
add more value to the neighborhood.
At 7:34 p.m., Mayor Jones closed the public hearing and the regular session
reconvened.
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The following discussion took place: property was annexed, is zoned B -2 and building
already exists; simple changes being made to current proffers; support for a local
business; neighbors in favor of the request; even if it doesn't comply, there are perfect
things in this request to make an exception; good community planning for those living
close which is noted in Section 8 in Comprehensive Plan; thanked the applicant for
outreach to the surrounding community; and, follow-up on the easement for the bus
stop and handicap school bus pick up and drop off location.
A motion was made by Council Member Byrd, seconded by Council Member Shearer, to approve
the zoning proffer amendments as stated. The motion carried with a recorded roll call vote taken
as follows:
Yes: 4- Mayor Jones, Council Member Byrd, Council Member Degner and Council
Member Shearer
No: 0
Abstain: 1- Vice-Mayor Baugh
7.b. Consider Middle River Regional Jail agreement
At 7:40 p.m., Mayor Jones noted there wouldn't be a presentation and closed the
regular session and called the second public hearing to order. A notice appeared in
the Daily News-Record on Saturday, May 9, 2015.
Rus Leinbach, 1287 Greystone Street, provided background of himself and stated he
feels that the solution to overcrowding is not buying into more jail cells because
incarceration is a failed system. Mr. Leinbach stated 85% of people placed in jail have
been there before. Mr. Leinbach questioned why we should put more money into a
failed system. Mr. Leinbach is in favor of alternatives and feels that even if half or a
quarter of this money was put to alternatives incarceration would drop. Mr. Leinbach
stated the Restorative Justice Initiative is a significant step, spending more money on
a failed system is not that answer and he would like his tax dollars be spent on
alternatives.
Tom Domonske, 461 Lee Avenue, agreed with what Mr. Leinbach said and he would
like his tax dollars spent differently. Mr. Domonoske stated that funding jails creates a
place for breeding and if we want more crime to approve the deal. Mr. Domonske
stated he understands something needs to be done, but long discussions have more
effective outcomes. Mr. Domonoske would like council to vote to redo the Community
Criminal Justice Plan that would go out into the community and survey all the people
who are providing services. Mr. Domonoske noted the Moseley report application
stated the following: due to time and funding constraints they would not be doing the
community survey. Mr. Domonoske asked council not to vote for the MRRJ buy-in,
but to put it off for a year and put the money towards a Community Justice Plan.
Noel Lavan, 156 Maryland Avenue, stated he has been an occupational therapist for
45 years and a mediator for 10 years. Mr. Lavan stated with his training and
experience, meaningful engagement and meaningful employment both have a great
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role in one's person being in a society. Mr. Lavan stated he is not in favor of the
buy-in with MRRJ. Mr. Lavan noted the studies from both in and out of the United
States that have shown to some degree what may work better. Mr. Lavan applauded
the Restorative Justice Initiative. Mr. Lavan would like the data analysis to take place
prior to spending money with MRRJ. Mr. Lavan stated when people have meaningful
engagement they don't have the need to commit crimes.
Dr. Panayotis "Poti" Giannakouros, 98 Emory, stated there was a small group of
supporters in the room, but a petition had well over 1,000 people listed. Dr.
Giannakouros noted the rough estimates regarding the jail shows it will cost $ 38.00 a
day per bed. Dr. Giannakouros reviewed the different faces of crimes here in
Harrisonburg. Dr. Giannakouros noted that he wished the Restorative Justice
Initiative was in place when his bike had been stolen because he chose to do nothing
since it was a little crime. Dr. Giannakouros invited all to visit
buildingbettercommunities.org to find out more information about the data.
Diane Orndoff, 401 N. Main, stated when she first heard about the deal she had heard
it was a done deal and she kept hearing the word engagement. Mrs. Orndoff stated
she is still struggling to find out more, that she and others are engaged because they
want to do better. Mrs. Orndoff stated we haven't failed like other larger communities,
but our failure is measurable. Mrs. Orndoff feels that people are in jail due to the
economic downfall and with this excitement she would like council to hold on and give
the community a little more time.
Ricardo Cortes, 434 West Bruce Street, stated he echoed everything that has been
said, is in favor of council to vote against the deal, and doesn't understand why it is a
ten year deal. Mr. Cortes asked if council thought crime was going to rise.
Joanne Benjamin, 1031 Toppin Boulevard, praised council for the vote after hearing
the public comments in connection with the previous agenda item. Ms. Benjamin
noted that lesbian, gay, bisexuals and transgenders (LGBT) are represented in our
jails and would like to know a number, but we don't have those numbers because we
haven't looked at it close enough. Ms. Benjamin stated she was one out of five kids
and her parents never went to crime, but she can understand why some people do .
Ms. Benjamin praised what the Harrisonburg Police Department (HPD) is doing and a
lot of issues being brought up are ones bigger than Harrisonburg. Ms. Benjamin
noted others look to HPD as an example and would like for others to look towards
Harrisonburg as an example for criminal justice.
Hermelinda Cortes, 338 West Water Street, stated that there is a defeated tone in
everyone’s voice speaking on this matter and hopes the group can bring something
that can receive a yes vote like a Community Innovation Plan.
Isabel Castillo, 727 North Liberty, stated she echoed what had been said and as a tax
payer urged council to vote no. Ms. Castillo asked everyone to stand up that was
present in opposition of the proposal.
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Earl Martin, 1013 College Avenue, stated he came thinking about mental health
issues and how it impacts the jail study. Mr. Martin stated he has a son that has
struggled with mental illness. Mr. Martin noted that police have been receiving crisis
intervention training, which is a weeklong training and he and his son have been able
to share their story. Mr. Martin stated these discussions are exciting and there seems
to be more alternatives other than incarceration. Mr. Martin noted a lot of inmates
have mental crisis and feels that these alternative paths can do something
magnificent for our community. Mr. Martin wished wisdom, compassion and
intelligence as council makes this decision.
At 8:17 p.m., Mayor Jones closed the public hearing and the regular session
reconvened.
City Attorney Brown reviewed the following about each document:
Buy-in Agreement - between Augusta County, City of Staunton, City of Waynesboro,
Rockingham County and the City of Harrisonburg; $21,543,588 with 10% of that
payable prior to June 30, 2015, with the city paying half; annual payments for ten
years with 2.17% interest, with the city responsible for half; and, Authority will work
together to come up with alternatives to incarceration.
Support Agreement - that is held between the Virginia Resources Authority, MRRJ
and both the City of Harrisonburg and Rockingham County; moral agreement to pay
debt service.
Service Agreement - between Authority and all the jurisdictions; governs day -to-day
operations; and, how expenses are calculated.
Resolution - serves as a document to approve the other three documents discussed.
The following discussion took place: committing to 150 bed per day; after three years,
it would be adjusted to the rolling average, with the first year being assumed at 150
beds; buy-in is up to 250 beds; as of July 1, 2015 from an operational view there are
150 prisoners; and, immediately alleviates double bunking.
The following points were discussed by Vice-Mayor Baugh: doesn't feel the issue is
that complicated; although some data isn't available, there is key data available; the
current jail is designed for 208 inmates; the lowest number of incarcerated people is
back in 2006 at 238 individuals; the facility was not built for double-bunking; haven't
averaged below 312 since 2008 and below 400 since 2013; supports alternatives, but
something has to be done now regarding additional capacity; supports incarceration to
no more than it needs to be; you only know in hindsight if we should rent or buy;
buying-in is fixed and predictable, is important for financial outlook and uses existing
infrastructure; incarcerating, sentencing and diverting money from jail operations are
issues not at the hand of council; it would be great if we could solve the incarceration
issue by simply adopting a Progressive Incarceration Reduction Program; positive
things have happened during the last year during these discussions; to provide
services we need space; no more data is needed to tell us that our jail is overcrowded;
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discussions need to continue; and, this approval is not a defeat but an opportunity.
The following points were discussed by Council Member Shearer: Vice-Mayor Baugh
is spot on; efforts to reduce and issues can't be resolved in the criminal justice
system; $1.5 million being allocated for programming for new initiatives; noted the
overcrowding issue which is not directly related to current discussions; currently don't
have the space downtown to implement alternative programs; facts are before us and
we have to respond to those facts; and, address needs that can't be addressed in the
criminal justice system.
The following points were discussed by Council Member Degner: worked hard to get
votes to deny the submission of a proposal for a new jail; hasn't worked hard against
this mainly to those points that Vice-Mayor Baugh pointed out; appreciative of the
efforts that have been done with being responsive, so much more needs to be done;
council can't do it all it has to be in partnership; the vote tonight doesn't properly
acknowledge the thoughtful opposition on the other side; voting to acknowledge to
show community input and there is work to be done; and, asked if the application that
was sent to Richmond could be pulled.
It was noted for that application to be pulled, Rockingham County would also vote to
do so.
The following points were discussed by Council Member Byrd: thanked Vice -Mayor
Baugh for his comments; this was one of the options for the city and county to look
into during the December 2014 meeting; reaching a point in the process that there are
additional alternatives; linear in one phase but opportunities to alternatives and
opportunities forthcoming; as a former Community Criminal Justice board member, it
was recognized there is an overcrowding issue and it needed to be a joint effort.
Vice-Mayor Baugh stated however this is approved, he is saddened with disconnect of
the community. Vice-Mayor Baugh stated the community has been has had an
enormous impact and hope it continues.
Council Member Degner noted there are pilot studies underway and more information
will be made available. Council Member Degner stated there is so much we don't
know about and a lot of it is stuff out of our control. Council Member Degner noted a
new jail would not be built in the region due to using space that already exists.
Mayor Jones stated he did not want a new jail and noted Vice-Mayor Baugh's actions
to making sure something would happen that we wouldn't have to build a jail and there
is more work to be done. Mayor Jones noted those individuals who are broken need
more engagement and we need to work together to stop children from becoming
criminals.
A motion was made by Vice-Mayor Baugh, seconded by Council Member Byrd, to approve the
proposal as presented. The motion carried with a recorded roll call vote taken as follows:
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Yes: 4- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd and Council Member
Shearer
No: 1- Council Member Degner
At 8:59 p.m., Mayor Jones called the regular meeting to recess.
At 9:04 p.m., Mayor Jones reconvened the regular meeting.
8. Regular Items
8.a. Consider approval of the FY 2015-2016 CDBG Action Plan
Ande Banks, Director of Special Projects and Grant Management, reminded council of
the presentation that was given during the March 24, 2015 Council Meeting and that
the city will receive $542,005 for the 2015-16 program year. Mr. Banks reviewed the
projects that were recommended for the program year and they were as follows :
Harrisonburg Redevelopment and Housing Authority (HRHA), Harrison Heights
Renovation ($140,000); Mercy House, Shelter Unit Bathroom Upgrade ($10,330);
West Mosby Sidewalks Phase 2 ($77,000); Price Rotary Senior Center Renovation
($143,740.30); administration to receive $108,401; Shenandoah Valley Workforce
Investment Board: Pathway to Employment ($13,691.24); JMU IIHHS: Suitcase Clinic
($24,552.36); VPAS: Meals on Wheels ($15,500.00); Open Doors: Emergency Shelter
($4,040.10); and, The Arc ($4,750.00). Mr. Banks stated no further comments were
received after the March 24, 2015 Council Meeting. Mr. Banks reviewed the schedule
and stated the Annual Action Plan is due to the Housing and Urban Development
(HUD) office by May 15, 2015. Brief discussion was held about the process and it
was noted that Mr. Banks is very professional and individuals sometimes don't want to
hear what is said about their programs.
A motion was made by Council Member Shearer, seconded by Council Member Byrd, that this FY
2015-2016 Action Plan be approved. The motion carried with a recorded roll call vote taken as
follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
8.b. Receive Planning Commission’s findings, New Elementary School on Garbers
Church Road
City Manager Hodgen stated this agenda item is to show the official transmittal of the
hearing from Planning Commission to City Council regarding the new elementary
school and no action is needed. City Manager Hodgen stated Planning Commission
found the location of the new school is consistent with the Comprehensive Plan .
Vice-Mayor Baugh stated a lot of time was spent on this matter at Planning
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Commission and a lot of public comment was received.
Planning Commission’s review under Virginia State Code 15.2-2232 finds the general or
approximate location, character, and extent of the Project is substantially in accord with the
city’s adopted Comprehensive Plan.
8.c. Consider adopting the appropriation ordinance of the City of Harrisonburg, Virginia
for the Fiscal Year Ending June 30, 2016 for the first reading
City Manager Hodgen stated council had the appropriation ordinance that didn't
include the adjustments that were noted during the budget work session and made
himself available for questions.
The following points were made by Council Member Shearer: in 2014-15 FY a $0.06
increase on real estate tax was approved which totaled $2.3M and then a month later
ended a year with a $6.3M surplus; this year we're looking at increasing an additional
$0.06 real estate tax increase; last year was also a 20% increase in personal property
tax; already a stormwater management fee being proposed which as a city we have
very little control over this fee; another surplus possible at the end of this fiscal year;
another tax increase will be looked at next year; can't vote for another tax increase
this year; can't look at the revenues without looking at expenses; and, a $ 3M revenue
budget growth within our budget within the last year.
The following points were made by Council Member Byrd: as a body an hour and a
half was spent yesterday where we were able to identify savings of roughly $ 300K of
capital line items, a penny on the real estate and eliminating the proposed $ 3.00
increase to the solid waste management fee by pulling from the reserve fund; hard
time raising taxes when 70% of students are on free and reduced lunch; mean income
of the city is below state average; and the taxes being considered are disproportionate
on our low-in-come families; and, and more ideas we can look at.
Mayor Jones stated he would be in favor of another work session and legally we have
to pass this as a first reading and the second reading can make changes.
Discussion took place in regards to decreasing the proposed tax increase and then
finding items to cut to match.
The following points were made by Vice-Mayor Baugh: not in favor of decreasing the
proposed tax increase without knowing what we are going to cut; different reasons for
different years to why tax increases are reviewed; in some regards this one is due to a
hiring freeze pre-recession; the city has more services and is bigger and we have
been operating with less people; willing to review items to save money; and, certainly
open to another work session.
Council Member Byrd feels there is a penny or maybe two to reduce and is in favor of
another work session.
The following points were made by Council Member Degner: has voted against
budgets due to increases in the past; finance committee can review; statistics show
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that the dollars per capita are low with services being high; everything that we do may
not have to be done; in favor of continued discussion; and, feels that we are right in
the middle of a step of services provided per number of residents.
After further discussion, council was in favor of a work session.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to approve the
budget as presented with the reduction of real estate taxes to $0.05, eliminating the $3.00 solid
waste management fee and reducing the utility expense for the Public Safety Building by $40,000
on the first reading.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to amend the
motion to include a second budget work session to be held by council. The motion carried with
a recorded roll call vote taken as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
9. Reallocations
9.a. Consider the reallocation of budgeted funds for the Economic Development
Department in the amount $15,000
Mr. Banks stated these grant funds from the Virginia Department of Housing and
Community Development are being reallocated from the Economic Development
budget to the Revolving Loan Fund for disbursement to the winners of the What's
Cooking business concept competition in the form of 0% interest loans.
A motion was made by Council Member Degner, seconded by Mayor Jones, that this
Reallocation be approved on first reading. The motion carried with a recorded roll call vote
taken as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
10. Other Matters
Council Member Byrd noted the National Police Week Ceremony that was held on
Monday and thanked police personnel for their service.
Mayor Jones thanked Officer Langhans for his service and that is was great to see
three new officers be inducted to the Harrisonburg Police Department. Mayor Jones
also noted his and Council Member Shearer's participation in National Day of Prayer
and Council Member's Degner's participation at the HPD inductee ceremony.
City Manager Hodgen stated a bid had been received for Reservoir Street project and
it was $6M over budget. City Manager Hodgen stated the group will review and a
rebid will be scheduled for later in the summer or early fall. City Manager Hodgen
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stated if the bids continue to remain high, we will look into a phased approach. City
Manager Hodgen stated the project could probably scale back beyond Lucy Drive and
noted we had a good few years of lower bid projects. City Manager Hodgen noted the
right-of-way needed has been obtained.
City Manager noted the discussion was held regarding tax increases last year, this
year and next year. City Manager Hodgen stated the following year will most likely be
a tax increase as well due to the operations of the new school. City Manager Hodgen
stated after this year’s number are in, it will be helpful for the next few years.
City Manager Hodgen stated this past April was the first time we have received over
$1M in meals tax. Sales and lodging taxes are both trending upward.
Mayor Jones noted that with that news, there is good growth in Harrisonburg.
11. Boards and Commissions
11.a. Community Services Board
A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, to re-appoint Ben
Risser, 141 Crescent Drive, to the Community Services Board to expire June 30, 2018. The
motion carried with a recorded roll call vote taken as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
12. Adjournment
At 9:35 p.m., there being no further business and on motion adopted, the meeting was
adjourned.
________________________________ ________________________________
CITY CLERK MAYOR
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Agenda
409 S. Main Street
City of Harrisonburg Harrisonburg, VA 22801
Meeting Agenda - Final-revised
City Council
Mayor Christopher B. Jones
Vice-Mayor Richard Baugh
Council Member Ted Byrd
Council Member Kai Degner
Council Member Abe Shearer
Tuesday, May 12, 2015 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. Minutes
Attachments: April 28, 2015 Draft Meeting Minutes
5.b. Consider a supplemental appropriation for the General Capital Projects Fund in the
amount of $39,819
Review & The City entered into a Franchise Agreement with Shentel from the operation of a fiber
Recommendation: optic network within City streets or other public lands in conjunction with the City's
Downtown Streetscape Project. These funds were used for the installation of a Conduit
System as described in the attached Franchise Agreement.
Attachments: Supplemental Appropriation (Downtown Streetscape)
Shentel Agreement City of Harrisonburg Franchise (Downtown Conduit)
Legislative History
4/28/15 City Council approved
6. Unfinished Business
6.a. Consider amending the Zoning Ordinance Section 10-3-30.1; Parking Lot
Landscaping regulations, by proposing minor modifications to add flexibility and to
improve and clarify its application
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City Council Meeting Agenda - Final-revised May 12, 2015
Review & Planning Commission recommended approval (6-0) of the Zoning Ordinance
Recommendation: amendments that would modify Section 10-3-30.1, to better clarify the intent of the
Parking Lot Landscaping regulations regarding parcels that are being redeveloped, and
to provide flexibility for meeting side and rear lot line separation requirements for
parking lots adjacent to existing buildings on adjoining lots having established zero lot
line setbacks.
Council tabled this item during the April 14, 2015 Council Meeting and Community
Development staff forwarded the information on the proposed changes to the
Shenandoah Valley Builders Association (SVBA) with a request that any comments be
submitted by May 1, 2015, so they could be included in City Council's agenda packet.
After receiving no comments on the morning of May 1, 2015, contact again was made
with the SVBA Executive Officer, Michelle Wilson-Johnson and a second notice was
forwarded with no comments received. No formal presentation will be given, but staff
will be available for questions.
Attachments: Extract ZO Amend Parking Lot Landscape Amend
Staff Report Parking Lot Landscaping Amendments (2015)
Newspaper Public Hearing Ad
PowerPoint 4-14-15 Meeting
Legislative History
4/14/15 City Council tabled
7. Public Hearings
7.a. Consider a request from Alan E. Strawderman to rezone a 0.45-acre parcel zoned
B-2C, General Business District Conditional by amending existing proffers on the
property located at 1320 Port Republic Road
Review & Planning Commission recommended denial (6-0) of the proffer amendment rezoning
Recommendation: request for the property identified as tax map parcel 88-C-6.
Attachments: Planning Commission Extract
Site Map and Zoning Map
Staff Report
Application and Other Support Documents
DNR Pubic Hearing Notice
Surrounding Property Owners Mailing
7.b. Consider Middle River Regional Jail agreement
Review & The agreement has been received and is being reviewed by Rockingham County and
Recommendation: the City of Harrisonburg. One of the documents has been sent back to MRRJ for
review and will be made available as soon as they are received. Discussion and
consideration for approval will be held following the public hearing.
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City Council Meeting Agenda - Final-revised May 12, 2015
Attachments: Buy-In Agreement
Buy-In Agreement Final 5-11-15
Support Agreement
Harrisonburg Resolution
Public Hearing Ad
Service Agreement
8. Regular Items
8.a. Consider approval of the FY 2015-2016 CDBG Action Plan
Review & The 2015-2016 CDBG Action Plan describes in detail actions to be taken in the coming
Recommendation: year to further the priorities described in the 2012-2016 Strategic Plan for the CDBG
Program. These projects are outlined in the attachment, and the full 2015-2016 Action
Plan is available in the City Manager's Office, at the Massanutten Regional Library, and
on the city's website. A 30 day public comment period was held, and during that time
the city received comments from citizens that were heard at the March 24th council
meeting. No additional comments were received after the meeting. Staff recommends
approval.
Attachments: Financial Summary For CDBG 2015-2016
8.c. Receive Planning Commission’s findings, New Elementary School on Garbers
Church Road
Review & Planning Commission's review under Virginia State Code 15.2-2232 finds the general
Recommendation: or approximate location, character, and extent of the Project is substantially in accord
with the city's adopted Comprehensive Plan.
Attachments: Planning Commission Extract
Site Map, Zoning Map, and Aerial Map
Staff Report
Supporting Documents
Letters to Planning Commission
Signed 2232 Findings Report for Elementary School
8.b. Consider adopting the appropriation ordinance of the City of Harrisonburg, Virginia
for the Fiscal Year Ending June 30, 2016 for the first reading
Review & A public hearing was held during the April 28, 2015 Council Meeting and a City Council
Recommendation: Budget Work Session is scheduled for Monday, May 11, 2015 at 6:00 p.m.
Attachments: Apppropriation Ordinance 2015-16
9. Reallocations
9.a. Consider the reallocation of budgeted funds for the Economic Development
Department in the amount $15,000
Review & These grant funds are being reallocated from the Economic Development budget to the
Recommendation: Revolving Loan Fund for disbursement to the winners of the What's Cooking business
concept competition in the form of 0% interest loans.
Attachments: Budget Reallocation
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City Council Meeting Agenda - Final-revised May 12, 2015
10. Other Matters
11. Boards and Commissions
11.a. Community Services Board
Review & Mr. Lacy Whitmore, Executive Director, contacted the City Clerk confirming Rev. Ben
Recommendation: Risser is willing to continue and able to serve a full three (3) year term on the CSB. Mr.
Whitmore stated Mr. Risser has been an excellent addition to the CSB Board and he
has provided effective citizen leadership and oversight to this agency by his
participation on the Board. Mr. Risser's term expires June 30, 2015.
12. Adjournment
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