City Council
Regular MeetingHarrisonburg, VA · June 14, 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, June 14, 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: 4- City Manager Kurt Hodgen, 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. New Agenda Items Added During Meeting
4.a. Update regarding the Finance Committee
Mayor Jones announced that he owes the IRS approximately $58,000 and he is
working towards satisfying the debt with an accountant. Mayor Jones announced
he was stepping down from the finance committee and suggested appointing
Vice-Mayor Baugh to fill the vacancy.
4.b. Moment of silence
Mayor Jones called for a moment of silence for the victims and families involved
with the Orlando shooting.
Mayor Jones acknowledged a candle light vigil that was held the night prior at
Court Square.
4.c. Presentation from the Moms Demand Action for Gun Sense America group
Lauren Huber, member of the local chapter of Moms Demand Action for Gun
Sense in America, thanked Mayor Jones for recognizing June 2, 2016 as National
Gun Violence Awareness Day. Mrs. Huber reviewed what the group stands for,
noted last year 103 mass shootings and 32,000 gun deaths occurred, this year 45
children have accessed unsecured guns, and that this is a public health issue.
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Kelly Brady, member of the local chapter of Moms Demand Action for Gun Sense
in America, stated she is a local educator, a mom of two boys, and runs a program
called Be Smart. Mrs. Brady stated more conversation regarding guns need to be
held because toddlers in America are 11 times more likely to be shot by firearms
than any other undeveloped nation and in 2013 more toddlers were killed by
firearms than on-duty police officers. Mrs. Brady noted teenagers are impulsive,
guns need to be locked, ammunition needs to be stored separately, and more
conversations need to be held.
Jim Atwood, retired minister and gun owner, feels guns have determined the
character and the direction of this country. He doesn’t want to take guns away, but
feels that discussion needs to occur regarding responsible gun laws. Mr. Atwood
noted that mass shootings are only a small portion of gun deaths in this country
and noted statistics from terrorists’ acts compared to firearm deaths in the United
States. Mr. Atwood invited citizens to attend a vigil that will be held Thursday night
beginning at 6:30 p.m., at the Court House.
4.d. Consider a resolution honoring Lee Foerster for his service
Mayor Jones read and presented a resolution to Lee Forester, director of the
Department of Parks and Recreation, honoring him for his 40 years of service.
Mr. Foerster stated he has been privileged to have worked at the city for 40 years,
appreciated the cooperation and resources that both council and citizens have
provided, and is humbled and honored to be recognized. Mr. Foerster stated he
looks for the continued success for both the department and the city as a whole in
the future.
Council Member Shearer stated as a member of the Parks and Recreation
Committee Lee has been a leader. He recognized over the years how people
recreate, commended his leadership, and thanked him for his service. The other
council members and the city manager concurred and thanked Mr. Forester for his
services and wished him well.
A motion was offered by Council Member Degner, seconded by Vice-Mayor Byrd, to approve
the resolution. The motion carried with a unanimous voice vote.
5. 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 approximately 900,000
individuals are going to bed hungry in the state of Virginia, we need to reduce
taxes, and people will do desperate things if they can’t eat. Mr. Berry announced
ABC Supply is going to do a one week food drive beginning on June 24, 2016 with
a BBQ from 11:00 a.m. until 2:00 p.m. Mr. Berry also stated things would be better
if each business contributed a little towards hunger issue, guns aren ’t the issues, it
is the issue of the mentally ill, and he stated that he hopes to never see a situation
like Orlando here in Harrisonburg, and asked the mayor to step down.
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Brent Berry, 30 West Washington Street, invited everyone to participate in the
ABC Supply food drive to benefit the Salvation Army from 7:00 a.m. until 4:00 p.m.
daily beginning on Friday, June 24, 2016 through Friday, July 1, 2016.
6. 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 offered by Council Member Degner, seconded by Vice-Mayor Baugh, to
approve the consent agenda 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.a. Minutes
These minutes were approved on the consent agenda.
6.b. Consider a request from Miguel Hernandez Aguirre and Maria Perez Rebollar to
close 1,610 +/- square feet of an undeveloped public alley located perpendicular to
and off of East Johnson Street, between 135 and 147 East Johnson Street
The closing of the undeveloped public alley was approved on second reading.
6.c. Consider a supplemental appropriation in the amount of $18,245 for the
Registrar’s office for reimbursements from James Madison University for campus
precinct
This supplemental appropriation was approved on second reading.
6.d. Consider an amendment to Section 15-2-24 of the Harrisonburg City Code,
Chicken Ordinance
This ordinance was approved on second reading.
6.e. Consider an amendment to Section 7-4-1 of the Harrisonburg City Code increasing
water rates
This ordinance was approved on second reading.
6.f. Consider a supplemental appropriation in the amount of $39,710,416.60 for the
General and School Capital Project Funds
This supplemental appropriation was approved on second reading.
7. Regular Items
7.a. Consider a public utilities request from Randy Cosner of Cosner Construction, Inc .
per Section 7-2-4 of the City Code, to extend city water and sewer services for a
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new development within Rockingham County
Adam Fletcher, director of the Department of Community Development, stated the
property is a 7.73 +/- acre tract of land located within the 300 block of Vine Street,
but the applicant desires to subdivide and purchase a 2.5 +/- acre portion of the
larger tract in order to construct up to 28 townhomes. Mr. Fletcher noted that this
request comes before council due to Section 7-2-4(b) of the Harrisonburg City
Code and it is recommended for approval by both staff and Planning Commission .
Mr. Fletcher stated the applicant understands there are still some obligations he
needs to fulfill in Rockingham County and the developer would be responsible for
all engineering calculations and improvements to the water and sewer system to
facilitate the requested services. The applicant will have to work closely with Public
Works to obtain a public access permit in order to construct an entrance onto Vine
Street and to ensure that all requirements regarding the construction of sidewalk
along the Vine Street frontage are met.
A motion was offered by Vice-Mayor Baugh, seconded by Council Member Shearer, to
approve the public utilities request 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. Update on the changes to the Virginia Employment Commission
Sharon Johnson, Shenandoah Valley Workforce Development Board (SVWDB)
CEO, stated the current Virginia Employment Commission (VEC) will be
co-locating its operations with the Valley Workforce Center located at 160 North
Mason Street in Harrisonburg on August 1, 2016. Ms. Johnson noted a press
release was issued on May 6, 2016 announcing the relocation and stated this is
required due to changes in the federal Workforce Innovation and Opportunity Act .
Ms. Johnson stated the SVWDB has a service region that includes 16 localities,
which includes five valley workforce centers and three VEC offices and noted
where the other VEC offices would relocate. Ms. Johnson reviewed the setup of
the new location and noted they are doubling their office space. Ms. Johnson
noted concerns regarding parking and access from 81 have been addressed and
they eased concerns with those that hold job fairs. Ms. Johnson stated she feels
that it is a good change and it provides an opportunity to eliminate duplicative
services. Ms. Johnson made herself available to address any questions and /or
concerns.
Mayor Jones thanked Ms. Johnson for her service. Council Member Degner
thanked Ms. Johnson for the update, noted that these resources are sought after,
and knows there is dedicated staff to provide training to help get individuals the
jobs that are available in the area. Ms. Johnson stated she would like to provide an
update after the move occurs. Mayor Jones noted that the Valley Workforce
Development has come to several community meetings he had attended and
asked if that would be something with which the board would partner. Ms. Johnson
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stated the SVWDB has the valley workforce centers brand, on the job training
(OJT) which offers approximately $9M to businesses for OJT registered
apprenticeships and incumbent workers, and their service provider is Goodwill of
the Valley.
7.c. Presentation on the K9s For Warriors event that will be held in Harrisonburg on
Saturday, July 23, 2016
Chad Layman, Harrisonburg K9s for Warriors event coordinator, provided an
overview of the upcoming K9s for Warriors event that will be held on Saturday,
July 23, 2016 in partnership with the Harrisonburg Police Department/SWAT team
at the Harper/Presgraves Training facility to raise money for veterans struggling
with post-traumatic stress disorder (PTSD). Mr. Layman stated to date $133,000
had been raised. Mr. Layman reviewed why the event and program is important
and invited everyone to come out and participate. Mr. Layman noted veterans get
in free to the event, the guest speaker would be Jim Kuiken, and noted funds will
stay here in the valley. Mr. Layman thanked the city of Harrisonburg for allowing
the use of the training grounds and asked the city to help promote the event and
provide any equipment the event might need.
Captain Tom Hoover, Harrisonburg Police Department, stated it has been an
honor to work with Mr. Layman on the event and requested the council ’s
attendance and support.
7.d. Consider a request to advertise delinquent Real Estate taxes for the years
2013-2014 & 2014-2015
Jeff Shafer, city treasurer, stated this is a collection tool the city uses to collect
delinquent real estate taxes. Mr. Shafer stated notices will be sent out the first of
August to all delinquent real estate accounts and 30 days is provided for those
amounts to be collected. If those taxes aren't collected, the delinquent real estate
accounts will be advertised in the Daily-News Record for years 2013/2014 and
2014/2015.
A motion was made by Vice-Mayor Baugh, seconded by Council Member Shearer, to approve
the request to advertise as requested by the city treasurer. 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 a request of the removal of delinquent taxes from current collections
accounts
Mr. Shafer stated Virginia and City Code's limit the duration in which local taxes
can be collected. He noted the city has obtained judgments on several personal
property accounts that will allow continued efforts to collect taxes for an additional
20 years. Mr. Shafer noted that the request is to write off 1995/1996 real estate
taxes, $769.42, and 2010 personal property taxes, $112,413.
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A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, to approve
the request to remove delinquent taxes from current collections accounts. 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.f. Consider the approval of Business, Professional and Occupational License
(BPOL) refunds for 2016
City Attorney Brown stated there are four business, professional, and occupational
licenses (BPOL) refunds due. City Attorney Brown noted three of the businesses
paid in full and then their businesses closed and the other overpaid when making
an estimated payment. City Attorney Brown noted that the refunds are not due to
errors made by the Commissioner of the Revenue office.
A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, to approve
the Business, Professional and Occupational License (BPOL) refunds for 2016. 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. Consider expansion of Harrisonburg Arts & Cultural District Boundaries
Brian Shull, director of the Department of Economic Development, stated the city
was the first Arts and Cultural District in the state. He stated he has been working
with Swartz Photography who is looking to open a business at 40 West
Washington Street, which lies directly outside the arts and cultural boundary and
they are requesting the expansion of the boundary. Mr. Shull stated when this
request was made, staff decided to review the boundaries that were last adjusted
in 2001 to see if other venues could be identified. After consultation with the Arts
Council of the Valley staff, it is recommended to bring the Spitzer Art Center, the
Lucy F. Simms Continuing Education Center, and the existing building located at
40 West Washington Street into the current district. Mr. Shull reviewed the new
proposed boundaries. Mayor Jones noted that a new historical exhibit just opened
up at the Simms Center. Mr. Shull stated the building Swartz Photography is
looking to purchase has an existing business called Claudia Hand Painted Yarns,
which is another arts related business. Mr. Shull noted the ordinance would also
need to be amended to reflect a few new street names. Mr. Shull stated this
district is to help market arts and culture businesses and a few incentives were
available. Mayor Jones asked if the proper signage and badging would be
displayed within the district. Mr. Shull stated it would be addressed, but currently
there isn’t a lot of signage. Mayor Jones stated during the last few months there
have been several different entities recognizing that the city has a signage and
marketing issue and suggested to guide Public Works to coordinate efforts.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh,
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to approve the expansion of the Arts and Cultural District as presented.
Clay Clark, owner of Clementine’s, applauded efforts supporting and encouraging
arts and culture in downtown Harrisonburg; however, he asked council to examine
the ordinances that are currently in effect as to how they affect the businesses in
downtown Harrisonburg and what the proposed ordinance will actually accomplish
other than establishing bragging rights. Mr. Clark continued by asking council to
review the ordinance of how it would support those local businesses making
efforts to support arts and cultural, such as certain tax exemptions. Mr. Clark
asked council to table this request until further review of the impact of the arts and
cultural district, the exemptions that are provided, and whether or not they actually
accomplish anything as far as encouraging local businesses to encourage arts and
cultural activities.
Mr. Shull stated he has been in conversation with Mr. Clark and others downtown
regarding the admissions tax. Mr. Shull commented that the two requests aren’t
mutually exclusive.
The motion was amended by Council Member Degner, seconded by Vice-Mayor Baugh, to
approve the district expansion and ask the director of economic development to report back
to council on the effectiveness of the ordinance and recommend how it might be improved.
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.h. Consider a Restated and Second Amendment to the Memorandum of
Understanding for the development, ownership, and financing of a hotel and
conference center
City Attorney Brown reviewed the history of the hotel and conference center
beginning with the approval of a memorandum and other documents on October
14, 2014 and noted the James Madison University (JMU) Foundation discovered
the structure jeopardized its 501 (3)(c) status. City Attorney Brown stated over the
last several months stakeholders involved have met to restructure the transaction
and noted the main change is how the money flows from the Foundation to the
developer. City Attorney Brown reviewed how the Industrial Development Authority
(IDA) is involved and noted the repayment to the Foundation of the conference
center financing funds will remain as previously approved by council. City Attorney
Brown also noted the conference center will now be owned by the developer and
that JMU will now lease the real property occupied by the conference center to the
developer. City Attorney Brown clarified that JMU will own the property, but the
developer will own the buildings. City Attorney Brown stated if approved, a public
hearing will be held by the IDA on this matter. City Attorney Brown stated the city
only has obligations to this request if there are tax revenues for 21 years from
September 1 after the certificate of occupancy is issued. He also noted that there
is a provision in the development agreement that if at the end of 21 years the
Foundation hasn’t been repaid this council suggests that the future council renew
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the agreement.
Council Member Byrd asked if the city has complied 100% with the current MOU.
City Attorney Brown replied, yes. Council Member Byrd stated with this new
agreement they have agreed to reduce the current cap of the interest rate granted .
Council Member Byrd stated even with the numbers presented by the developer
paying the Foundation in 11 years, the Foundation wants the city to guarantee
them 21 years. City Attorney Brown stated with the moral obligation the financing
won’t count against the city’s debt. City Attorney Brown stated the Foundation
voted on and approved the restated and second amendment to the MOU last
week and it doesn’t change the financial liability of the city or the IDA. Council
Member Byrd feels that now council is partnering with the developer instead of the
Foundation which is an entity that the city knew and had received their audited
financial statements. Council Member Shearer also feels that this isn ’t a minor
change, there are significant implications, and council shouldn ’t vote before a
public hearing is held. Council Member Byrd offered the following three
suggestions: do nothing and continue operating under the current MOU, accept
the changes as presented, or see if other changes can be made within the
proposed MOU. Council Member Byrd noted staff originally recommended not
going past 11 years for repayment. Council Member Degner clarified that the city
has no liability in terms of paying anything back unless it collects taxes on the
buildings that it would otherwise not get. City Attorney Brown stated that was
correct. Council Member Shearer and Byrd noted that it is an incentive that we
don’t provide for any other entity. Council Member Degner noted several things
that the facility would be providing. Mayor Jones stated prior to him being on
council he remembers the repayment was estimated at a maximum of 14 years.
Vice-Mayor Baugh stated the repayment amounts have always been estimates
and the 21 years just means if the debt hasn’t been repaid, then this body has to
revisit it. City Attorney Brown noted that if the debt is repaid before the 21 years,
this agreement is fulfilled. There was further discussion on why each member of
council was for or against the project. City Attorney Brown noted the main
disagreement of the original MOU was the length of repayment. Vice-Mayor Baugh
noted that he is open to speak with anyone about other projects that might be at
the interest of the city to support. City Manager Hodgen stated he and the city
attorney approached this as the vote had already been taken, the city was asked
to reconsider the MOU, and both felt they weren’t substantial amendments that
significantly changed where the city was going to begin and end after the process
is complete.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to approve
the agenda item. 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.i. Consider appointing Pam Ulmer, administrative specialist, as clerk pro tempore
during the absence of the city clerk
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City Attorney Brown stated by appointing Pam Ulmer as the clerk pro tempore the
clerk duties would resume during the absence of the city clerk.
A motion was offered by Council Member Byrd, seconded by Council Member Shearer, to
appoint Pam Ulmer as clerk pro tempore. The motion carried with a unanimous voice vote.
8. New Special Event Application Requests
8.a. Consider the special event application for the Explore More Discovery Museums
Farm to City event on Saturday, June 25, 2016
Andrea Dono, executive director for Harrisonburg Downtown Renaissance (HDR),
stated the event will be held from 9:30 a.m. until 5:00 p.m., they have notified
surrounding property owners, there is a street closure on Newman Avenue from
Main Street to Federal Street, and the insurance has been obtained. Ms. Dono
noted there would be a combine coming in and out of downtown early in the
morning and late in the evening using the truck route.
A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, that this
Special Event Application be approved. 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
9. Reallocations
9.a. Consider a budget reallocation in the amount of $13,766.59 for the General
Capital Projects fund
City Manager Hodgen noted $13,766.59 remained from the Stone Spring
Elementary School Safe Route to Schools project and the city had the option to
return the remaining funds back to the state or transfer it to another state
approved project. The amount noted will be used to complete the Carlton Street
Roundabout project without any additional city funds.
A motion was made by Council Member Byrd, seconded by Council Member Shearer, that
this reallocation 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
9.b. Consider a budget reallocation in the amount of $200,000 for the School Fund
Tracy Shaver, finance director for Harrisonburg City Public Schools, stated this
procedure is normal for this time of year to reallocate funds available to where they
are needed within the school’s fund. Mr. Shaver noted the transfer doesn’t require
any additional city funds. Mr. Shaver stated this year city schools received $82,000
of e-rate funding, which isn’t built into the school’s budget. He stated $68,000 is for
the replacement of three computer labs that were originally purchased with federal
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stimulus dollars back in 2008. Mr. Shaver also noted anti-virus software needed to
be updated.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, that this
reallocation 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
9.c. Consider a budget reallocation in the amount of $40,000 for the Public
Transportation Department
City Manager Hodgen stated at the end of the fiscal year funding needed to be
reallocated within the Public Transportation fund. City Manager Hodgen noted the
department added a new cost allocation plan that was implemented due to the
Federal Transit Administration.
A motion was made by Council Member Byrd, seconded by Vice-Mayor Baugh, that this
reallocation 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
10. Other Matters
City Attorney Brown noted that a motion and a second for Mr. Foerster’s resolution
wasn’t obtained earlier in the meeting. Mayor Jones called for a motion and a
second; the vote was recorded with the appropriate agenda item.
10.a. Consider appointing Mary-Hope Vass, public information officer, as the Freedom
of Information Act (FOIA) officer for the city of Harrisonburg
City Attorney Brown stated the General Assembly passed an amendment to the
Freedom of Information Act (FOIA) during the past assembly and each locality is
required to appoint a FOIA officer that is listed on the locality’s website and to
oversee the FOIA process. He stated it is recommended to appoint Mary -Hope
Vass our public information officer as the FOIA officer.
A motion was offered by Council Member Shearer, seconded by Council Member Byrd, to
appoint Mary-Hope Vass as the city's FOIA officer. The motion carried with a unanimous
voice vote.
Other Matters Continued
Vice-Mayor Baugh asked if council would be interested in having a joint work
session meeting with Planning Commission on the Comprehensive Plan. Council
showed no objection and the city manager would communicate with the director of
Community Development to set a date for that meeting.
Council Member Degner asked if staff had any communication regarding a
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Community Criminal Justice Board meeting. City Manager Hodgen stated he had
received an email about a potential August meeting. City Manager Hodgen stated
an agenda is being created with reports back from items discussed and requested
for during the last meeting. Mayor Jones noted he did make contact with Secretary
Moran’s office.
Mayor Jones stated the African American Festival will be held Saturday, June 18,
2016 beginning at noon at Ralph Sampson Park.
11. Boards and Commissions
11.a. Community Services Board
A motion was made by Council Member Byrd, seconded by Council Member Shearer, to
reappoint Judy Bland, 43 Fry Avenue, to a first term on the Community Services Board to
expire June 30, 2019. The motion carried with a unanimous voice vote.
A motion was made by Council Member Degner, seconded by Vice-Mayor Baugh, to appoint
Abdelrahman Rabie, 1366 Sparrow Court, to a first term on the Community Services Board to
expire June 30, 2019. The motion carried with a unanimous voice vote.
12. Closed Session
At 9:14, a motion was made by Vice-Mayor Baugh, seconded by Council Member Degner, to
enter into closed session as authorized by the Virginia Freedom of Information Act, Virginia
Code Section 2.2-3711(A), under: Subsection A for discussion concerning an expansion of
an existing business or industry where no previous announcement has been made. 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
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 9:34 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, June 14, 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: May 24, 2016 Draft Meeting Minutes
5.b. Consider a request from Miguel Hernandez Aguirre and Maria Perez Rebollar to
close 1,610 +/- square feet of an undeveloped public alley located perpendicular to
and off of East Johnson Street, between 135 and 147 East Johnson Street
Review & Council approved the first reading on October 13, 2015 and letters were sent to both
Recommendation: property owners notifying them of a price for their portion of the alley. City Manager
Hodgen received notice that payment would be received from Ms. Walker in April and
to-date the City Manager's Office has only received money from the applicant. Letters
to both property owners have been sent notifying them that the applicant's portion will
be closed tonight and if money isn't received from Ms. Walker by October 13, 2016, the
applicant will have the opportunity to purchase the remaining portion of the alley.
Attachments: Extract Alley Closing between 33-C-4 & 5
Site Maps
Staff Report Alley Closing Between 33-C-4 & 5
Application and Other Supporting Documents
Surrounding Property Notification - Alley Closing
Ordinance
Legislative History
10/13/15 City Council approved
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5.c. Consider a supplemental appropriation in the amount of $18,245 for the Registrar’s
office for reimbursements from James Madison University for campus precinct
Review & It is requested that City Council consider approving a supplemental appropriation in the
Recommendation: amount of $18,245 for costs reimbursed by James Madison University for the new
campus precinct.
Attachments: Memorandum
Supplemental Appropriation
Legislative History
4/26/16 City Council approved
5.d. Consider an amendment to Section 15-2-24 of the Harrisonburg City Code, Chicken
Ordinance
Review & A public hearing was held on proposed revisions to Section 15-2-24 Fowl, Chickens
Recommendation: and other Domestic Birds (commonly referred to as the Chicken Ordinance), additional
revisions were requested by council, which are now included in the amended and
re-enacted Ordinance.
Attachments: Memorandum
Current ordinance with recommended revisions
Public Hearing Notice
Legislative History
5/24/16 City Council amended
5/24/16 City Council amended and approved on first reading
5.e. Consider an amendment to Section 7-4-1 of the Harrisonburg City Code increasing
water rates
Review & The Director of Public Utilities is requesting to amend ordinance 7-4-1 to increase water
Recommendation: rates charged by the city by $.15 cents per one thousand (1,000) gallons on all
customers. This is an amendment to raise water rates as set forth in the proposed
FY16-17 budget.
Attachments: Memorandum
Current Ordinance reflecting proposed changes
Public Hearing
Legislative History
5/24/16 City Council approved on first reading
5.f. Consider a supplemental appropriation in the amount of $39,710,416.60 for the
General and School Capital Project Funds
Review & It is requested that City Council consider approving a supplemental appropriation for the
Recommendation: bonds that were sold on April 26, 2016.
Attachments: Memorandum
Supplemental Appropriation
Public Hearing Notice
Legislative History
5/24/16 City Council approved on first reading
City of Harrisonburg Page 2 Printed on 6/10/2016
City Council Meeting Agenda - Final-revised June 14, 2016
6. Regular Items
6.a. Consider a public utilities request from Randy Cosner of Cosner Construction, Inc .
per Section 7-2-4 of the City Code, to extend city water and sewer services for a new
development within Rockingham County
Review & Planning Commission recommended approval (5-0) of the request to extend water and
Recommendation: sewer services for a residential townhouse development into Rockingham County. The
parcel is identified as County tax map parcel 109(A)-1-L45 and located within the 300
block of Vine Street, Harrisonburg.
Attachments: Memorandum
Extract PUA 300 Block Vine Street
Site Maps
Public Utilities Application
Proposed site development layout
6.b. Update on the changes to the Virginia Employment Commission
Review & The Shenandoah Valley Workforce Development Board (SVWDB) notified both the city
Recommendation: and the county that the Virginia Employment Commission (VEC) will be co-locating its
operations with the Valley Workforce Center located at 160 North Mason Street
beginning August 1, 2016. The new location will include services for the VEC, the
Virginia Department for Aging and Rehabilitative Services, Massanutten Technical
Center, Senior Community Service Employment program, Telamon Corporation, WIOA
programs, and Rapid Response. The details regarding a memorandum of
understanding and cost allocation agreement for the new location are being discussed
with the Harrisonburg Rockingham Redevelopment and Housing Authority. Sharon
Johnson, chief executive officer, with the SVWDB will provide an update and will
address any questions that council may have.
Attachments: Press Release
6.c. Presentation on the K9s For Warriors event that will be held in Harrisonburg on
Saturday, July 23, 2016
Review & The Harrisonburg Police Department/SWAT Team and K9s For Warriors is teaming up
Recommendation: to raise money for Veterans struggling with PTSD. Our big fundraising event is
Saturday, July 23rd at Harper/Presgrass Training Grounds (1010 Greedale Road),
Harrisonburg, Virginia. It will be an adventure race, with courses for all levels, that
includes a music concert, kids events, knockerball, food trucks, and much more. No
alcoholic beverages are allowed; Veterans and Military personnel must pay the entry
fee to do the races, but can get in free to the concert. There will also be free food for
the Veterans and Active Duty Military. All proceeds go to K9s For Warriors.
Attachments: K9 For Warriors Overview
K9 Event Flyer
Jim Kuiken, Guest Speaker
Reason Why We Are Doing This
K9 For Warriors Graduate
6.d. Consider a request to advertise delinquent Real Estate taxes for the years
2013-2014 & 2014-2015
City of Harrisonburg Page 3 Printed on 6/10/2016
City Council Meeting Agenda - Final-revised June 14, 2016
Review & As stipulated in City code section 4-1-29, the treasurer requests permission from
Recommendation: council to advertise unpaid real estate taxes for years 2013-2014 & 2014-2015.
Attachments: Memorandum
Letter to advertise delinquent RE taxes
RE Tax List 2013-2014
6.e. Consider a request of the removal of delinquent taxes from current collections
accounts
Review & As stipulated in City Code section 4-1-36 and the Code of Virginia 58.1-3940, which
Recommendation: stipulates the duration of time taxes can be collected, the treasurer requests from
council that 1995-1996 real estate taxes, and 2010 personal property taxes be removed
from current collection accounts.
Attachments: Memorandum
Letter to write off delinquent taxes
Delinquent RE Tax 1995
Delinquent PP Tax 2010
6.f. Consider the approval of Business, Professional and Occupational License (BPOL)
refunds for 2016
Review & Approval of business, professional, and occupational license refunds for 2016.
Recommendation:
Attachments: Memorandum
Certificate
6.g. Consider expansion of Harrisonburg Arts & Cultural District Boundaries
Review & Harrisonburg is home to the first Arts & Cultural District in Virginia. Created by City
Recommendation: Council in 1994, this district is a sense of pride for the area's arts community. In
consultation with Arts Council of the Valley staff, several existing arts venues located on
the fringes of the district were identified. The Spitzer Art Center and the Lucy F. Simms
Continuing Education Center are two venues that would be added to the District under
this proposal. In addition, an existing facility on West Washington Street is an ideal
candidate to be added to the district. The attached map shows the existing boundaries
in blue and the proposed expansion areas in red.
Attachments: Arts & Cultural Map
Current Ordinance
6.h. Consider a Restated and Second Amendment to the Memorandum of
Understanding for the development, ownership, and financing of a hotel and
conference center
City of Harrisonburg Page 4 Printed on 6/10/2016
City Council Meeting Agenda - Final-revised June 14, 2016
Review & Over the last months representatives of the parties to the MOU negotiated the attached
Recommendation: Restated and Second Amendment to Memorandum of Understanding (the Restated
MOU). The most significant change to the structure of the transaction is how the
financing funds for the conference center will move from the Foundation to the
developer. This change is set out in paragraph 4 of the Restated MOU. The IDA will
enter into a Development Agreement with the Foundation by which the Foundation will
pay the $10,974,895 to the IDA (in draws) in exchange for a nonrecourse note from the
IDA to the Foundation in that amount. The note will be payable only from Project Tax
Receipts and will not be a debt of the city of Harrisonburg or IDA. The IDA will also
enter into a Development Agreement with the developer and make economic
development grants of the funds received from the Foundation to the developer .
Repayment to the Foundation of the conference center financing funds will remain as
previously approved by council.
The Restated MOU also reflects a few other changes as the original transaction
structure has evolved. First, the conference center will now be owned by the developer .
Previously, the Foundation was going to own the conference center and lease it to the
developer. Second, JMU will now lease the real property occupied by the conference
center to the developer. Previously, JMU was going to lease that property to the
Foundation and the Foundation would sublease to the developer. Third, the cost of the
conference center is held at $10,974,895. Finally, the interest rate set out in the Support
Agreement signed by the city is reduced to a floor of 2% and a cap of 5%. Previously, it
was 4% and 8%. The only document to be approved by Council is the Restated MOU.
Attachments: Memorandum
Restated and Second Amendment to MOU
Development Agreement - IDA JMUF and City
Hotel Madison - IDA Development and Grant Agreement (Conference Center)
SV Conference Center Note
Memorandum of Understanding October 2014
Resolution - IDA
Resolution - ED
Amendment to MOU October 2015
6.i. Consider appointing Pam Ulmer, administrative specialist, as clerk pro tempore
during the absence of the city clerk
Review & Currently, neither the Harrisonburg City Code not the city's classification list include
Recommendation: provisions for a deputy clerk. Therefore, in order to maintain operations during the
clerk's absence, a clerk pro tempore should be appointed.
7. New Special Event Application Requests
7.a. Consider the special event application for the Explore More Discovery Museums
Farm to City event on Saturday, June 25, 2016
Review & Explore More will be hosting a Farm to City event on Newman Avenue and parking lot .
Recommendation: The event will be 9:30 a.m. until 5:00 p.m. and will include children's activities, farm
animals, and large farm equipment.
City of Harrisonburg Page 5 Printed on 6/10/2016
City Council Meeting Agenda - Final-revised June 14, 2016
Attachments: Application
Map
Memorandum
Outlined Map
8. Reallocations
8.a. Consider a budget reallocation in the amount of $13,766.59 for the General Capital
Projects fund
Review & Remaining budgeted funds in the amount of $13,766.59 will be reallocated from the
Recommendation: Stone Spring Elementary School Safe Route to Schools project to the Carlton Street
improvements project where they are needed for project closeout and completion.
Attachments: Memorandum
Budget Reallocation
8.b. Consider a budget reallocation in the amount of $200,000 for the School Fund
Review & A budget reallocation is requested within the school's operating budget totaling
Recommendation: $200,000. This reallocation is a normal procedure for this time of year to make funds
available where they are needed within the School Fund. No additional city dollars are
required for the school division.
Attachments: Memorandum
Budget Reallocation
8.c. Consider a budget reallocation in the amount of $40,000 for the Public
Transportation Department
Review & A budget reallocation is requested for the Public Transportation Department. This
Recommendation: reallocation will transfer $40,000 in budgeted funds from the Public Transportation Fund
to the Central Garage Fund.
Attachments: Memorandum
Budget Reallocation
9. Other Matters
10. Boards and Commissions
10.a. Community Services Board
Review & Ellen Harrison, Community Services Board executive director, contacted the city clerk
Recommendation: notifying her that Daphyne Thomas is no longer eligible to serve on the board once her
term expires on June 30, 2016. Judy Bland 's unexpired first term is due to expire June
30, 2016, and she is interested in serving again. Ms. Bland has been a committed and
engaged board member.
John Minnis and Abdelrahman Rabie are family members. The board looks to the
wisdom of council for the selection of a new board member.
The newly appointed members will be appointed to a three year term to expire on June
30, 2019.
City of Harrisonburg Page 6 Printed on 6/10/2016
City Council Meeting Agenda - Final-revised June 14, 2016
Attachments: Judy Bland - Reappointment Application
Aaron Boggs
Joshua Humphries
John Minnis
Abdelrahman Rabie
11. Closed Session
11.a. 2.2-3711(A)(1)(5) Discussion concerning an expansion of an existing business or
industry where no previous announcement has been made of the business or
industry’s interest in expanding its facilities in the city
12. Adjournment
City of Harrisonburg Page 7 Printed on 6/10/2016
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