City Council
Regular MeetingHarrisonburg, VA · April 12, 2016
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, April 12, 2016 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, Deputy 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.
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 was concerned that
the city does not have a fifth fire station located in the Park View area due to
limited manpower. Mr. Berry suggested to apply for a FEMA grant to cover
firefighter salaries for two years like Augusta County did. Mr. Berry also stated
Mike Houston, JMU football coach, will be helping with the Brent Berry Food Drive.
Panayotis “Poti” Giannakourous, 98 Emory Street, stated he was concerned about
the coal tar parking lot sealants used within the city, the city attorney has been
working on to see if the city could implement a ban, and the city has recently been
in communications with legislators’ about banning mulch. Mr. Giannakourous
asked that the city update the residents about the plans to tap into the
Shenandoah River. Mr. Giannakourous stated to find out more about his data
citizens can visit BuildingBetterCommunities.org.
5. Consent Agenda (any item placed on the consent agenda shall be removed and
taken up as a separate matter, if so requested by any member of Council, otherwise all
items will be voted on with one (1) motion)
City Attorney Brown noted that during the previous meeting council approved a
resolution allowing the School Board to execute a contract with Nielson Builders,
Inc for the elementary school and there was a typographical error within the
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resolution and the amount should have been $25,910,767.
Council Member Byrd offered a motion, seconded by Council Member Shearer to approve
the Consent Agenda noting the change within the resolution. 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
5.a. Minutes
These Minutes were approved on the Consent Agenda.
5.b. Consider a supplemental appropriation for the Harrisonburg City School Board in
the amount of $332,638.88
This Supplemental Appropriation was approved on second reading.
6. Public Hearings
6.a. Consider request for exemption from local personal property taxation for one city
non-profit organization
Vice-Mayor Baugh stated the following: The Virginia State and Local Government
Conflict of Interests Act requires that I make disclosure, to be recorded in the city
records, in any matter in which I am prohibited by law from participating. Therefore
I make the following disclosure: the transaction involved is agenda item 6.a., a
request for exemption from local personal property taxation for a city non -profit
organization; my personal interest in this transaction relates to the ethical
requirements to which I must adhere as a licensed member of the Virginia Bar;
and, I affirmatively state that I will not vote or in any manner or act on behalf of
City Council in this matter.
Karen Rose, Commissioner of the Revenue, stated Anicira Veterinary Center
received personal property tax exemption from City Council in 2008 and since then
they have purchased an additional vehicle which they are seeking exemption on .
Mrs. Rose noted they had paid $713.13 in 2014 and $674.63 in 2015 in personal
property taxes. Mrs. Rose stated herself, the treasurer, and the director of finance
have recommended approval of the request.
Jennifer Brown stated Anicira Veterinary Center still offered the same services as
when the center was known as the Spay and Neuter Clinic, as well as preventative
care, general surgery, dental care, a foster based program for dogs, affordable
veterinarian care, and a pet food pantry.
At 7:12 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 Wednesday,
April 6, 2016.
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There being no one desiring to be heard, Mayor Jones closed the public hearing at
7:13 p.m., and the regular session reconvened.
A motion was made by Council Member Degner, seconded by Council Member Shearer, to
approve the request. 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
6.b. Consider a request to amend the Zoning Ordinance Sections 10-3-24, 10-3-90, &
10-3-96 related to plant nurseries and greenhouses. The amendment would add
landscaping businesses and similar operations within the definition of plant
nurseries and greenhouses. The amendment would also allow these uses to have
small-scale, outdoor manufacturing, processing, storage, and treatment of
products within the M-1, General Industrial District.
Adam Fletcher, Director of Community Development, stated staff is proposing to
amend Section 10-3-24 by modifying the definition of “plant nurseries and
greenhouses” by adding “landscaping businesses and similar operations” to the
title definition; Section 10-3-90(17) to align the existing specified uses to include
plant nurseries and greenhouses; and, Section 10-3-96(16) to also align the
existing specified uses to include plant nurseries and greenhouses. Mr. Fletcher
stated staff is also proposing for the identified uses within the M -1 district the
ability to have small-scale, outdoor manufacturing, processing, storage, and
treatment of products as part of a plant nursery, greenhouse, landscaping
business, or similar operation, when such uses are compatible with surrounding
areas. Mr. Fletcher noted that the proposed amendments originated when a citizen
proposed a business to staff. Mr. Fletcher also noted that within Section
10-3-96(16) it provides a level of scrutiny for the zoning administrator to ensure
that such uses do not cause undesirable dust and debris, noise, lighting, or other
issues for adjacent properties. Mr. Fletcher stated both staff and Planning
Commission recommend approval of the proposed amendments.
At 7:17 p.m., Mayor Jones closed the regular session and called the second public
hearing to order. A notice appeared in the Daily News-Record on Monday, March
28, 2016 and Monday, April 4, 2016.
Jimmy Flynn, 699 John Tyler Circle, thanked council for considering these
amendments that would allow him to begin manufacturing mulch on a small scale .
Mr. Flynn stated the location of his business is extremely industrial and the
adjacent properties consist of a vacant lot and a parking lot for trucks.
At 7:19 p.m., Mayor Jones closed the public hearing and the regular session
reconvened.
A motion was made by Vice-Mayor Baugh, seconded by Council Member Degner, to approve
the ordinance amendments as presented. The motion carried with a recorded roll call vote
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taken as follows:
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
6.c. Consider amending the Zoning Ordinance Sections 10-3-24, 132, and 135 through
140. Section 10-3-24 Definitions shall be amended by updating the definition of
“variance” to align with changes to the Code of Virginia. Multiple sections within
Article W, Board of Zoning Appeals shall be amended by updating existing
sections in order to align with recent changes to the provisions of the State Code
and to make general housekeeping corrections within the Article.
Mr. Fletcher stated several of the proposed amendments are put forth to better
align the overall regulations of the Board of Zoning Appeals (BZA) with the Code
of Virginia. Mr. Fletcher reviewed the following amendments within Article W:
Section 10-3-24 modifies the existing definition of “variance”; Section 10-3-132
better defines the duties of the BZA and the BZA secretary; Section 10-3-135 adds
new criteria to help the BZA to decide appeals; Section 10-3-136 reflects the
“variance” definition change and to outline the criteria under which a variance
should be granted; Section 10-3-137 removes the entire section, which is
associated with examples of conditions that may be placed on variances; Section
10-3-138 renumbers and clarifies the section for individuals wanting to amend an
approved variance making them go through the same process as those requesting
an initial variance; Section 10-3-139 adds requirements associated with equal say
during a public hearing, the availability of materials for the applicant and the public,
and for issues associated with open communication among all parties; and,
Section 10-3-140 renumbers the section. Mr. Fletcher stated both staff and
Planning Commission recommended approval.
Council Member Degner asked if the rule was still in place to not grant a variance
if the property can be used for anything else. Mr. Fletcher stated those cases are
case-by-case. Vice-Mayor Baugh stated the new language addresses that issue,
but has only been around for a year and they are hoping that the new language
will help with those cases.
At 7:27 p.m., Mayor Jones closed the regular session and called the third public
hearing to order. A notice appeared in the Daily News-Record on Monday, March
28, 2016 and Monday, April 4, 2016.
There being no one desiring to be heard, Mayor Jones closed the public hearing at
7:28 p.m., and the regular session reconvened.
A motion was made by Vice-Mayor Baugh, seconded by Council Member Shearer, to approve
the ordinance amendments as presented. 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
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No: 0
6.d. Receive Planning Commission’s recommendation for the 2016-2017 through
2020-2021 Capital Improvement Program
City Manager Hodgen stated the city and the Harrisonburg City Public Schools
have different recommendations within the Capital Improvement Plan (CIP) and
council is being asked to approve the city’s CIP. City Manager Hodgen stated
Planning Commission suggested for council to give consideration to moving the
High School Annex project to an earlier fiscal year, but staff is recommending the
dates remain due to funding and to adopt the CIP as presented.
At 7:30 p.m., Mayor Jones closed the regular session and called the fourth public
hearing to order. A notice appeared in the Daily News-Record on Monday, March
28, 2016 and Monday, April 4, 2016.
There being no one desiring to be heard, Mayor Jones closed the public hearing at
7:31 p.m., and the regular session reconvened.
A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, to approve
the CIP as presented. 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
6.e. Consider adoption of the resolution approving the contract between the city of
Harrisonburg and the Community Foundation
City Attorney Brown stated over the past two years, the city has solicited proposals
from outside organizations for use of the Eastham House. City Attorney Brown
stated a proposal recently was received from the Community Foundation and a
purchase agreement has been agreed upon and the foundation will pay one dollar
for the Eastham House with the foundation agreeing to invest a minimum of
$440,000 worth of renovations, repair, and refurbishing of the existing building .
The contract also provides that if the Community Foundation decides to sell the
Eastham House property. The city will have the right of first refusal to buy back the
property at its then fair market value, to be established through appraisals, less
$250,000.
At 7:32 p.m., Mayor Jones closed the regular session and called the fifth public
hearing to order. A notice appeared in the Daily News-Record on Saturday, April 2,
2016.
Revlan Hill, Executive Director of the Community Foundation, stated the
foundation appreciated the partnership they have had with the city and reviewed
what the foundation stood for and who they provided services for within the
community. Ms. Hill stated since 1998, the foundation has been able to provide
$21M in grants within the community and mostly to local non-profit organizations.
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Ms. Hill thanked everyone who has played a part in the foundation's success. Ms.
Hill noted projects the foundation has partnered with the city on, noted they offer
legacy funds and currently they have $40M worth of planned gifts. Ms. Hill stated
the foundation needs office space and space to grow and the Eastham House is
an ideal location. Ms. Hill also thanked Brian Shull, economic development
director, for his assistance over the past months.
At 7:38 p.m., Mayor Jones closed the public hearing and the regular session
reconvened.
A motion was made by Council Member Shearer, seconded by Council Member Degner, to
approve the contract between the city of Harrisonburg and the Community Foundation as
presented. 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. Regular Items
7.a. Consider a resolution recognizing the 100th anniversary of the
Harrisonburg-Rockingham Chamber of Commerce
Frank Tamberrino, President & CEO of the Harrisonburg - Rockingham Chamber
of Commerce (HRCC), stated he appreciated the opportunity to be here, the
consideration of the resolution from council, and this is the 100th year anniversary
of HRCC. Mr. Tamberrino stated he is looking forward to the future, on April 26,
2016 they will be pulling out a time capsule, and are looking to complete another
time capsule to be pulled out in 50 years. Mr. Tamberrino stated HRCC is still
looking for ideas for the time capsule and noted the first official action HRCC took
was asking the city to pave additional streets within the city.
Mayor Jones read the resolution and presented it to Mr. Tamberrino and Ashley
Gordon.
A motion was made by Vice-Mayor Baugh, seconded by Council Member Shearer, to approve
the resolution as presented. 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.b. Presentation of the Harrisonburg City Schools proposed FY17 budget
Dr. Scott Kizner, Superintendent of Harrisonburg City Public Schools (HCPS),
stated he attended a meeting in Richmond recently where the President of the
State Chamber of Commerce and Secretary of Commerce said the greatest
investment a community could do to build its business community is to invest in
the public schools. Dr. Kizner reviewed the School Board’s guiding principles,
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mission and, their core beliefs. Dr. Kizner reviewed the following key points of the
budget: the equity and excellence drives daily decisions; the budget is flexible to
meet unanticipated or new priority needs; high expectations for learning and
investing in personnel are essential for continuous improvement; new needs
require us to discard some past priorities; enrollment continues to increase
between two and four percent; and, the diverse needs of our students are a driving
budget focus. Dr. Kizner reviewed the following accomplishments: some teachers
and staff received state and national awards; a continued decrease to drop out
rates; a continued increase to students receiving advanced diplomas; the
graduation completion index is about 90%; HCPS was listed as one of the best
school systems and one of the best places for teachers to teach according to the
Niche Rankings in 2015; the fifth year winning the Wells Fargo Scholastic Cup;
expansion to college, university, and community partnerships; expansion of the
dual language programs; professional development in restorative justice practices
and childhood trauma; implementation of a career experience program at
Harrisonburg High School; parent and community learning workshops; and,
expansion and updates to instructional technology. Dr. Kizner reviewed the
following new opportunities for 2016-2017: expansion of the high school’s STEM
offerings; expansion of the elementary and middle schools' dual immersion
programs; expansion of instructional technology programs; community
partnerships for after school programming; implementation of a comprehensive
CTE internship program; a teacher residency program with James Madison
University; and, university and foundation support for professional development .
Dr. Kizner noted the budgeted expenditures per student (ADM) for FY17 is $5,675
and the current is built on 5400 ADM. Dr. Kizner stated state revenues reflects a
$3,616,527 or an 11.32% increase in state revenues based on increased ADM,
decreased Local Composite Index (LCI), and adjustments to Standards of Quality
and Lottery funds. Dr. Kizner noted that the state revenues are based on the
General Assembly amendments to the Governor’s proposed budget. Dr. Kizner
provided the following budget notes regarding federal and local revenues: federal
revenues will increase by $36,532 or 1.31% due to carry over funding of federal
grants; the local recovered cost will increase by $10,000 or 0.53% due to
anticipated increases in Harrisonburg Education Foundation funding of teacher
grants; the budget assumes an additional $583,149 or 1.95% in city
appropriations; and, total revenue increased by $4,246,208. Dr. Kizner provided
the following budget notes regarding salary and benefit increases: an average 3%
salary increase for staff on the teaching scale, 4% salary increase for teacher
assistants, and a 3% increase for all other employees which totals $1,388,760; an
increase to Virginia Retirement System (VRS) contribution of 14.66% for salary
increases included 0.6% VRS rate increase totaling $414,686; fringe benefit
increases for salary increases totaling $155,633; and, health insurance rate
increase of 3.6% totaling $214,253. Dr. Kizner shared two graphs showing the
history of salary increases compared to inflation and where Harrisonburg
compares to other localities in the state. Dr. Kizner stated the budget includes an
increase of 19.3 new positions and a reduction of three current staff for a net total
of 16.3 new full-time employees (FTE) positions totaling $1,043,207 for salaries
and benefits. Dr. Kizner also stated an additional $1,029,669 is included for
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non-personnel operating funds and noted there are decreases in alternative
education ($30,146), capital outlay ($25,000), and utility cost savings ($40,000).
Dr. Kizner provided several slides showing expenses and revenues broken down
and presented a FY2017 budget of $70,762,215, which is a 6.38% increase from
the previous budget.
Mayor Jones asked about changes that caused an increase to salaries from
previous years. Dr. Kizner stated the cause comes from the city not providing the
trending salary increases over the last few years and noted a few years ago the
state provided an increase, but then employees where responsible to pay more
into VRS. Dr. Kizner stated the School Board in recent years changed the salary
scale for salary increases from 36 to 30 steps. Mayor Jones stated he is in favor of
an increase, but he also is aware of other expenditures coming. Dr. Kizner
suggested a catalyst group review this and future salary increases from data .
Mayor Jones also asked about the summer lunch distribution program being a
community responsibility since the city is over 70% in free and reduced lunches
and noted lunches are provided at the schools during summer for those children,
but not all children are able to get to the schools. Dr. Kizner stated at one time the
program was a partnership between the schools and other local agencies and
noted the food service coordinator for the schools asked for something to be put in
writing to be sent to the city manager regarding the free and reduced lunch
program. Dr. Kizner noted that those same children aren’t eating when the schools
are closed for snow days and they are looking for ways to get those children fed
during the next school year.
Council Member Byrd asked about the current ADM being budgeted for only a 2%
growth. Dr. Kizner stated he felt it was fiscally responsible to make sure the school
wouldn’t be asking for additional funding, when the state didn’t provide the ADM
that was budgeted. Dr. Kizner noted the difference of funds is provided back to the
city and he reported last year $520,000 was given back to the general fund and
1% of that went towards capital issues. Council Member Byrd asked about the
current ADM and the projections being below the 112 student increase and the
proposed 16.3 new positions. Dr. Kizner noted that these positions have been
needed and only two of them are needed due to the new elementary school. Dr.
Kizner noted that ADM and enrollment numbers are different and enrollment is
always going to be higher.
Dr. Kizner stated the nutrition budget includes a $0.10 increase per lunch meal,
which is required by federal law, and assumes a 4% increase for nutrition
assistants and a 3% for other nutrition employees.
Mayor Jones asked if Bluestone Elementary School will be filled based off of
geography or off the diversity of the city. Dr. Kizner noted the School Board is
aware of the concern and the redistricting guidelines can be found online. Dr.
Kizner stated since the redistricting in 2007 the schools are becoming more
similar. Mayor Jones noted to review resources as well.
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7.c. Consider write off of delinquent utility billing accounts
City Manager Hodgen stated Public Utilities is requesting approval to write off 230
accounts that the city incurred as accounts receivable between January 1, 2014
and December 31, 2014 in the amount of $32,776.51 or 0.20% of the total billings
for that period. City Manager Hodgen noted these accounts will remain in
collections and it is recommended to write off these accounts.
A motion was made by Council Member Byrd, seconded by Council Member Degner to write
off the accounts as requested. 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.d. Consider approval of the City Hall Facility Use Policy and Application
Deputy City Manager Lewis stated the city has public space within City Hall that
can be used by citizens and the policy being presented outlines general use
parameters, requirements and a process by which to coordinate logistics of
scheduling, and receiving access to the facility.
A motion was made by Council Member Byrd, seconded by Council Member Degner, to
approve the policy and application as presented. 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.e. Consider final bond amount for the general obligation bonds
City Manager Hodgen stated the construction amount for the pre -k facility was
received, which council was waiting on in order to proceed with the posting of
Notice of Sale. City Manager Hodgen noted the amount was received from the
School Board this morning and $42.7M has been established as the borrowing
amount to be posted in the Notice of Sale. City Manager Hodgen reviewed the
following project amounts: school construction projects ($32.2M), Thomas
Harrison Middle School HVAC project ($4.4M), trail and street improvements
($2.1M), and construction contingencies ($2M).
Mayor Jones noted the conversations during prior council meetings and noted that
the School Board approved Elon W. Rhodes Early Learning Center to be the
name of the proposed pre-k facility.
There was discussion on the following: there is a longer list of needs for the
schools and everyone will have to be patient, but as long as there are children in
the schools they will need to be fulfilled; community efforts for after school
programs continue to be important; in favor of pre-k being in non-profit
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organizations; wished the bid number was lower, but glad to see they came down
maintaining a good center; not in favor of getting the information hours prior to
approving funding; Moody’s report noted the city’s debt burden was above
average; after the issuance of these bonds the city will be at 5% debt and the city’s
debt cap is 6%; Standards and Poor's ratings noted that the city has a weak debt
and contingent liability position; budgets in the future aren ’t going to get easier and
there are only a few items that can bring in more income, one being personal
property taxes; and, increases in the property tax is detrimental to economic
development.
Council Member Shearer asked for staff's opinion. City Manager Hodgen stated
some engineering services were overlooked and the total is actually $ 43,650,000.
Council Member Degner amended the motion to include the amount of
$43,650,000.
Council Member Shearer noted that this is not an increase of budget of $ 600,000;
it is $600,000 since the project was last considered. Council Member Shearer
noted the original budget for all projects was $30,360,000 and it has increased
approximately by $5M.
City Manager Hodgen stated staff felt from the beginning the number was too high
and would have liked to have seen a less expensive project now so funds could
contributed to future projects.
Council Member Byrd asked if the proposed facility is adequate for expansion .
Council Member Byrd noted that the facility is planned for 158 students when the
original plan was going to hold 250 students. Council Member Byrd stated he
would be in favor of another project being presented that could be expanded.
Mayor Jones stated he is comfortable with the numbers and non-profits have the
potential to use funding from the state if they meet state guidelines to run a pre -k
facility. Mayor Jones noted the efforts taken by the bike and pedestrian citizens
that worked to get infrastructures worked into the school building plans.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to proceed
with the amount of $42.7M in the Notice of Sale.
The motion was amended by Council Member Degner, seconded by Vice-Mayor Baugh, to
proceed with the amount of $43,650,000 in the Notice of Sale. The motion carried with a
recorded roll call vote taken as follows:
Yes: 3- Mayor Jones, Vice-Mayor Baugh and Council Member Degner
No: 2- Council Member Byrd and Council Member Shearer
7.f. Consider nominations for the 2016 VML Policy Committees
Deputy Manager Lewis reviewed the committees that council served on during
2015 and they were the following: Vice-Mayor Baugh, Community and Economic
Development; Council Member Degner, Environmental Quality; Council Member
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Shearer, Finance; Mayor Jones, General Laws; and, Council Member Byrd,
Transportation.
A motion was made by Council Member Byrd, seconded by Council Member Shearer, to
approve the committee assignments as stated. 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.g. Distribution of draft FY 16-17 budget to City Council
City Manager Hodgen presented the draft budget and noted a public hearing
would be held during the April 26, 2016 council meeting. City Manager Hodgen
stated that a lot of the changes in this year's budget is the result of the city
continuing to grow at a fast pace and noted the increase of 1,263 residents during
the past year. City Manager Hodgen reviewed the following highlights from the
proposed budget: funding for debt service on a new elementary school and pre -k
facility; renovations to Fire Station 1; bridge replacement on Pleasant Valley Road;
boiler replacement at the Rockingham-Harrisonburg County Jail; water tank
replacement in Park View; debt services; full year cost of personnel additions as of
January 1, 2015; increased cost of shared services with Rockingham County
including courts, jail, clerk of court, commonwealth attorney, social services, and
Children Services Act (CSA); CAD system for public safety; a 2% salary increase;
an increase to the ECC fund; the development of the budget began with a gap of
approximately $7.5M; no proposed increases to the discretionary outside
agencies; no use of fund balance; anticipates a need to increase the real estate
tax rate by $0.08; doesn’t include the $583,149 that the School Board has
requested for raises over a 2% increase; and, includes a rate increase of $0.15
per thousand gallons of water. City Manager Hodgen stated the public hearing
advertisement will note the real estate tax increase will not exceed an $ 0.08
increase and the adoption of the budget needs to take place by May 31, 2016.
Council asked the clerk to send out possible budget work session dates. Council
Member Byrd asked about the full-time employees (FTE) increase. City Manager
Hodgen stated he believed it was nine additional employees and noted it does
include the full-time assistant city attorney position, additional police officers, and
two additional dispatchers for ECC. City Manager Hodgen noted that four police
officer positions are through grants. There was discussion regarding police officer
positions and it was noted a specific test date was just closed, another one will be
scheduled, and citizens can sign up to receive email notification regarding jobs
within the city. City Manager Hodgen also noted the new section within the budget
currently being called the citywide program listing which lists the fundamental
objectives or major services offered by departments. City Manager Hodgen stated
developing this list is one component of a program budgeting process and the only
step we will take this year.
8. Supplementals
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8.a. Consider a supplemental appropriation through interfund loans for the
Harrisonburg City School Board in an amount up to $2.1 million
Tracy Shaver, Director of Finance for Harrisonburg City Public Schools, stated in
regards to the delay with the issuing of the bonds, the Harrisonburg City Public
School division is requesting a supplemental appropriation through loans from the
General Fund and School Operating Fund on an interim basis for school
construction projects. The school division is requesting up to $ 2.1 million with $1.5
million from the city's General Fund and $600,000 from the School Operating Fund
as a short-term funding solution until permanent financing is established through
the issuance of bonds.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to approve
the supplemental appropriation as presented. 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. Other Matters
Mayor Jones stated a new drop box location for bill payments is located in the
parking lot in front of City Hall, the city launched a new website that is responsive
to different devices, and the Harrisonburg-Rockingham ECC will be holding an
awards ceremony tomorrow.
Mayor Jones noted that this week is both National Public Safety
Telecommunicators Week and National Volunteer Week.
Mayor Jones announced more than 500 volunteers helped with Blacks Run Clean
Up Day and collected 2.5 tons of trash.
Mayor Jones announced the Household Hazardous Waste will be taking place on
Saturday, April 16, 2016. He also stated a flag raising ceremony would be taking
place at the Dick Myers Chrysler-Dodge-Jeep-Ram dealership; a prayer walk will
begin at 11:30 in front of City Hall and proceed to Court Square; and, the Newtown
Cemetery will be unveiling the historic marker at 2:00 p.m.
Mayor Jones also announced on Sunday, April 17, 2016 the Honk-A-Horn event
will be taking place at Purcell Park.
10. Boards and Commissions
10.a. Harrisonburg Rockingham Community Policy and Management Team (CPMT)
Deputy City Manager Lewis stated the CSA director requested the term to reflect
the expiration date of December 31, 2016.
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City Council Meeting Minutes - Final April 12, 2016
A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, to re-appoint
Ms. Kimberlee Hartzler-Weakley to the Community Planning and Management Team to expire
December 31, 2016. The motion carried with a unanimous voice vote.
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
10.b. Central Shenandoah Planning District Commission
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to
re-appoint Council Member Ted Byrd, Council Member Abe Shearer, and Planning and
Community Development Director, Adam Fletcher as commissioners of the Central
Shenandoah Planning District Commission to expire June 30, 2019. The motion carried with
a unanimous voice vote.
Yes: 5- Mayor Jones, Vice-Mayor Baugh, Council Member Byrd, Council Member Degner
and Council Member Shearer
No: 0
11. Closed Session
At 9:17 p.m., a motion was made by Council Member Byrd, 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 1 for the evaluations of the
performance of specific city employees, Subsection 3 for the discussion of the disposition of
publically held property, and Subsection 7 for consultation with legal counsel and briefings
by staff members pertaining to actual or threatened litigation. 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 10:25 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 10:26 p.m., there being no further business and on motion adopted, the
meeting was adjourned.
________________________ ________________________
CITY CLERK MAYOR
City of Harrisonburg Page 13 Printed on 4/27/2016
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, April 12, 2016 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: March 22, 2016 Draft Meeting Minutes
5.b. Consider a supplemental appropriation for the Harrisonburg City School Board in the
amount of $332,638.88
Review & The Harrisonburg City School division is requesting a supplemental appropriation for
Recommendation: various state and federal grant revenues awarded after the approval of the fiscal year
2016 budget.
Attachments: Memorandum
Supplemental Appropriation
School Board Memorandum
6. Public Hearings
6.a. Consider request for exemption from local personal property taxation for one city
non-profit organization
Review & On December 18, 2015, Anicira Veterinary Center applied for personal property tax
Recommendation: exemption on an additional vehicle.
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City Council Meeting Agenda - Final-revised April 12, 2016
Attachments: Memorandum
Application
Public Hearing Notice 2016
Disclosure - Richard Baugh
6.b. Consider a request to amend the Zoning Ordinance Sections 10-3-24, 10-3-90, &
10-3-96 related to plant nurseries and greenhouses. The amendment would add
landscaping businesses and similar operations within the definition of plant nurseries
and greenhouses. The amendment would also allow these uses to have small -scale,
outdoor manufacturing, processing, storage, and treatment of products within the
M-1, General Industrial District.
Review & Planning Commission recommended approval (6-0) of the Zoning Ordinance
Recommendation: amendments within Sections 10-3-24 Definitions, 10-3-90 (17) and 10-3-96 (16), which
currently allow plant nurseries and greenhouses by right within the B -2 and M-1
districts, respectively. .
Attachments: Memorandum
Extract ZO Amend Plant Nurseries and Greenhouses
Memo Staff Report ZO Amend Plant Nurseries Greenhouses
FINAL Draft Amendment Document Plant Nurseries & Greenhouses
Notice of Public Hearing
6.c. Consider amending the Zoning Ordinance Sections 10-3-24, 132, and 135 through
140. Section 10-3-24 Definitions shall be amended by updating the definition of
“variance” to align with changes to the Code of Virginia. Multiple sections within
Article W, Board of Zoning Appeals shall be amended by updating existing sections
in order to align with recent changes to the provisions of the State Code and to make
general housekeeping corrections within the Article.
Review & Planning Commission recommended approval (6-0) of the Zoning Ordinance
Recommendation: Amendments to Section 10-3-24 Definitions, and multiple Sections within Article W.
Attachments: Memorandum
Extract ZO BZA Updates
FINAL Draft Amendment Document 10-3-24 and Article W
CC Notice of Public Hearing
6.d. Receive Planning Commission’s recommendation for the 2016-2017 through
2020-2021 Capital Improvement Program
Review & Planning Commission moved to recommend (6-0) moving the CIP forward to City
Recommendation: Council, with the suggestion that the date for the high school annex project be moved
forward.
Attachments: Memorandum
Extract CIP Discussion
Notice of Public Hearing
Amended HCPS CIP FY2017 to 2021
6.e. Consider adoption of the resolution approving the contract between the city of
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City Council Meeting Agenda - Final-revised April 12, 2016
Harrisonburg and the Community Foundation
Review & City administration is recommending the transfer of the city owned property at 317
Recommendation: South Main Street, commonly known as the Eastham House, to the Community
Foundation of Harrisonburg and Rockingham County, Inc. (the Community Foundation )
for the purchase price of one dollar and the Community Foundation's obligation to
invest a minimum of four hundred and forty thousand dollars ($440,000.00) in
renovation, repair, and refurbishing of the existing building, and the grant to the city of a
Right of First Refusal. .
Attachments: Memorandum
Public Hearing Notice
Purchase Agreement
Resolution
7. Regular Items
7.a. Consider a resolution recognizing the 100th anniversary of the
Harrisonburg-Rockingham Chamber of Commerce
Review & The Harrisonburg-Rockingham Chamber of Commerce will celebrate its 100th
Recommendation: anniversary during the month of April. On April 26, 2016 the HRCC will dig up a time
capsule that has been buried for 50 years and plans to bury a new one that will be dug
up in 2066.
Attachments: Resolution
7.b. Presentation of the Harrisonburg City Schools proposed FY17 budget
Review & Harrisonburg City Schools superintendent, Dr. Scott Kizner, will present information on
Recommendation: the proposed FY17 school operational and nutrition budgets.
7.c. Consider write off of delinquent utility billing accounts
Review & The Director of Public Utilities is requesting approval to write off 230 accounts that the
Recommendation: city incurred as accounts receivable between January 1, 2014 and December 31, 2014.
The total value of these accounts is $32,776.51 or .20% of the total billings for that
period. These accounts will remain in collections and will be re -entered into account
receivable by journal voucher should they become collectable. These accounts have
been thoroughly reviewed by Public Utilities, Finance, and Real Estate.
Attachments: Memorandum
Write Off Summary
Write Off Account Graph 2014
Annual Breakdown
7.d. Consider approval of the City Hall Facility Use Policy and Application
Review & The policy outlines a process by which the city manager's office considers requests for
Recommendation: use of the different facilities within City Hall. It also outlines general use parameters,
requirements and a process by which to coordinate logistics of scheduling, and
receiving access to the facility.
Attachments: Agenda Memo
City Hall Facility Use Policy
Application
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City Council Meeting Agenda - Final-revised April 12, 2016
7.e. Consider final bond amount for the general obligation bonds
Review & During the March 22, 2016 council meeting, council approved the bond resolution as
Recommendation: advertised, but a bond amount wasn't set to allow the School Board to receive bid
information from the architect for the pre-k facility on Monday, April 11, 2016.
Information regarding the facility should be received by the city on the morning of
Tuesday, April 12, 2016, so council will be able to determine a bond amount so the city
can release the notice of sale. .
7.f. Consider nominations for the 2016 VML Policy Committees
Review & The Virginia Municipal League is now accepting nominations for its 2016 policy
Recommendation: committees. Attached is a memorandum, description of the policy committees and
policy process, and the nomination form. VML is asking for nominations to be submitted
by April 15, 2016.
Attachments: Memorandum
Description of the policy committees and policy process
2016 VML policy nominations form
7.g. Distribution of draft FY 16-17 budget to City Council
Review & The City Manager plans to have copies of the draft FY 16-17 budget and cover
Recommendation: letter/summary for distribution to City Council at the April 12 meeting. Both documents
will also be posted online prior to the meeting. No formal presentation is scheduled at
this time, but will occur at the April 26 meeting along with the required public hearing.
8. Supplementals
8.a. Consider a supplemental appropriation through interfund loans for the Harrisonburg
City School Board in an amount up to $2.1 million
Review & Due to the delay in the bond issuance, the Harrisonburg City School division is
Recommendation: requesting a supplemental appropriation through loans from the General Fund and
School Operating Fund on an interim basis for (i) Architect and Engineering (A&E)
costs associated with Bluestone Elementary School and Elon Rhodes Early Learning
Center, (ii) construction costs associated with Bluestone Elementary School, and (iii)
construction costs associated with the Thomas Harrison Middle School HVAC
replacement. The school division is requesting up to $2.1 million with $1.5 million from
the City's General Fund and $600,000 from the School Operating Fund as a short-term
funding solution until permanent financing is established through the issuance of bonds.
Attachments: Memorandum
Supplemental Appropriation
9. Other Matters
10. Boards and Commissions
10.a. Harrisonburg Rockingham Community Policy and Management Team (CPMT)
Review & Attached is a letter from the CPMT recommending Ms. Kim Hartzler-Weakley be
Recommendation: reappointed to a term to expire April 30, 2017, to the Harrisonburg Rockingham CPMT
as the representative of a public organization.
Attachments: CPMT Letter
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City Council Meeting Agenda - Final-revised April 12, 2016
10.b. Central Shenandoah Planning District Commission
Review & The terms of Ted Byrd, Abe Shearer, and Adam Fletcher as Commissioners of the
Recommendation: CSPDC expire June 30, 2016. All three are eligible for reappointment to the
Commission for another three-year term. A letter from the CSPDC is attached.
Attachments: Letter
11. Closed Session
11.a. Virginia Code Section 2.2-3711(A) Subsection 1 for the evaluations of the
performance of specific city employees
Review & .
Recommendation:
11.b. Virginia Code Section 2.2-3711(A) Subsection 3 for the discussion of the disposition
of publically held property
11.c. Virginia Code Section 2.2-3711(A) Subsection 7 for consultation with legal counsel
and briefings by staff members pertaining to actual or threatened litigation
12. Adjournment
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