MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL FOR THE TOWN OF STRASBURG, HELD ON WEDNESDAY, JUNE 14, 2006, AT 7:30 P.M. IN THE COUNCIL CHAMBERS OF THE TOWN HALL.
Mayor Crisman opened the meeting with the Pledge of Allegiance and the invocation was given by Vice Mayor Nicholson.
ROLL Called with the following members present: Mayor Tim Crisman, Vice Mayor Taralyn Nicholson, and Council Members Henry Himelright, Wesley Larrick, Steve Nicholson, Carl Rinker, Tim Taylor, Edith Wallace, and Richard Wilson.
Minutes of the May 9, 2006 Regular Town Council meeting and the May 31, 2006 Public Hearing were approved as presented.
Mayor Crisman welcomed all in attendance and said all petitions and communications had been directed toward the appropriate committees.
Visitors/Guests:
Citizen Comments:
Non -Action Items:
Patsy Morehead, representing Strasburg Chamber of Commerce, 3165 Oranda Road, Strasburg, VA: Thanked the Town employees for all the work they did for Mayfest, including the picnic tables, port-a-potties, and cones. She also thanked the Police Department for their work with controlling the people who attended the many events of Mayfest. The Chamber also appreciates the support of the community because without this, Mayfest couldn’t be what it is and it does continue to grow and improve each year. Mrs. Morehead presented Mayor Crisman with a picture of him as the “Duckmeister for Mayfest 2006.”
Mayor Crisman thanked Mrs. Morehead and Mrs. Kate Sowers, Administrative Assistant for the Strasburg Chamber of Commerce, for all their hard work in making Mayfest successful. He hopes they will both continue with their efforts regarding Mayfest.
Joyce Gary, 744 Crystal Lane, Strasburg, VA: “I cannot presume to speak for everyone, but I can, and do, speak for many of us “Blow-Ins” – those residents fairly new to Strasburg – when I express gratitude to the departing Council Members.
A lot of us came to visit and fell in love with this quaint and wonderful Town and Its people. We moved here wanting to be a part of this community and we put our time, our efforts and our money into just such an endeavor. While our efforts have been somewhat time-limited, we know that all of you have served this Town for many years. You, more often than not, answered the call to serve when no one else wanted the job --- the job you are now leaving. We are grateful for that, and we want to acknowledge your time and your efforts. I’m sure this sentiment is shared by the long-timers as well.
So, as you finish up your service as Town Council members, we want to express our thanks, and wish for you time to spend enjoying this community and your families and friends. Thank you, again.”
Action Items:
RZ2006-05 Madison Development Associates, LLC, rezoning
Rick Walker, 335 E. Brown St.: “This is the third meeting I’ve attended and I have yet to hear one legitimate reason for a no vote. I am also in the construction business and have been a member of the Strasburg community for the past 10 years. If you say no to this project, you are saying no to all of us --- every builder, every subcontractor, and tradesman in the County. We love these communities; we build them. If you are going to tell us no, give us a reason – a reason based on fact and not opinion. I’m against growth myself, the type of growth we’ve experienced over the past three years. If a responsible developer had built half the single family homes as the number of townhouses in the community, we would have beautiful neighborhoods and only a quarter of the growth --- communities, not complexes. Slow, steady growth. We’ve heard no facts from the opposition so I took the liberty of contacting the Council members over the last few days to get a clear perspective on the issues and concerns pertaining to this project. One member spoke of the burden it would put on the budget. He was concerned that after the new streets and utilities were turned over to the city, the cost of such items as snow removal and general maintenance would become too great of a strain on the budget. This I don’t understand; we’re only talking about 18 homes a year; it will be 10 years or more, and I say more before the project is completed and besides, with the growth over the past three years and the projects that are already approved, the burden is here now. Trying to stop growth at this point would be insane. We won’t stop it, but as responsible builders we can control it. Slow, steady growth --- 18 houses per year.” He continued by saying another Council Member had said he would like to see the new FEMA flood map and a new traffic study done before making a decision. Mr. Walker agrees with that, “but that seems like putting the cart before the horse.” He says you wouldn’t want to pay for the FEMA studies until the zoning has been approved. All of this must be in place before permits are issued. He thinks the road connecting Route 11 with Madison Heights can only have a positive effect. He continued by discussing the flood issue and said several have said they have seen the island flood and he doesn’t doubt that, “but what do they call a flood? How high was the water? Was it at or above the 500 year flood plain? Is it documented? Do we even know what the 500 year flood plain is? Do we understand this?” According to the Tennessee Valley Authority, what the 500 year flood mark is, “is a determined elevation determined to have a two-tenths percent chance that water will reach this elevation on any given day; that is one chance out of 500. In other words, if you take 499 white marbles and 1 red one and dropped them into a bag and shook them up, you would have just the same chance of flood water reaching that elevation on any given day as somebody in this room and picking out that red marble. Mr. Boyd is not proposing to build any houses below the 500 year mark.” Mr. Walker said that all have heard about the proffer package, “and in closing I would like to remind our elected officials that you’ve been charged with the responsibility of making educated decisions based on fact, not opinion. Decisions that serve to benefit the entire community and not just satisfy the opinion of the select few. Please keep in mind, as a taxpayer and a member of this community, I would much rather see Doug Boyd spend his money on all these improvements and gifts to the city, than to see our elected officials use my tax money for the same somewhere down the road. Thank you.”
James Stout, 1626 Star Tannery Road, Star Tannery, VA: “I don’t live in the Strasburg area, but I’m here representing the midget football. My question to you all tonight is this: if you do not approve this, what are you going to do for these kids in this community? Are you going to build us a field? Are you going to donate money to us so we can go out and maybe purchase property to build our own field? This looks like to me a golden opportunity to give something back to the children of the community. We’ve had two sign-ups already and we’ve signed up 100 boys, not including the cheerleaders. We are looking to sign-up another hundred. You are talking 200 kids, possibly five or six teams practicing on one field. This is an opportunity for us to gain a lot of stuff that we need. We need a field; we need lights on that field. Come late October when the time changes, we have to make arrangements to put up light towers or we have to go to the baseball fields to practice and we would like to have a field of our own. We could be the shining star of Shenandoah County; everybody else would be looking at us --- look what they’ve got in Strasburg. The thing I don’t understand is, it’s not going to cost the taxpayers anything. What better deal to have. I have heard a lot of things said about this thing: it’s a carrot being dangled out in front of our faces; people hiding behind wonen’s skirts – well, I’m here; I’ve got my pants on just like the rest of you all do and I take offense to anyone who says I hide behind a woman’s skirt. But, my point to you all is this: if you do not approve this project, how are you going to answer to the kids in this community; what are you going to say. That is my question to you all; you’ve got the decision to make and hopefully you’ll make the right one because we need this. As far as everyone saying ‘no growth,’ 18 houses a year? Come on now! That’s about as good as you’re going to get.” Mr. Stout said this would not be like building 200 townhouses because this is slow growth, single family homes and it is what Strasburg needs.
Ken Funk, 585 Manor Hill Dr., Toms Brook, VA: “I’m a member of the Strasburg Little League Football Board, I’m a coach, and I’m a parent. My son has had the most unbelievable fun in his life playing Strasburg Little League football.” As a coach, when the children come to practice they are having fun, learning to play a sport. Parents sit on the sidelines, cheering them on. It is a family time! He said it to the point that there are six teams on one field. The growth in the numbers of children playing is going to continue to grow. “Growth is coming to the Strasburg area, to the surrounding counties, whether we like it or not. This is one that we can control it, by slow growth – 18 houses per year, that’s not bad.” He said he has been around the building industry for years and he has never seen a contractor offer this type of a contribution back to the community and this is for the “little ones; the ones coming up; the ones who are out there playing the sports…I would ask for your support on this because Strasburg really needs it.”
Bert Sobers, 1486 Sandy Hook Road, Strasburg, VA: Mr. Sobers presented a picture of his home in Sandy Hook when it flooded. “I live in the County; I have no horse in this race except one and that is, I saw the flood. They wanted quantifiable data, I’ve got it. We built in the early 90’s and we built 7’ above the existing flood plain and that was the 500 year. This was the old ’77 map, so called the estimated maps. Well, they were wrong. We got 3’ over and above that; destroyed the house.” He said he went and picked up the new copies of the flood maps and they now show what they should have when he built his house. He believes the Council really needs quantifiable flood maps that are certified by the federal government. “Without those you have no basis with which to render a sane decision.” He said he had playing fields down by the river and it took him two years to clean it up. There was hazmat and trees that had to be cleared away. “It is not a place to put manicured fields. All of my neighbors have avoided that ever since.” He said he is for the kids and thinks it is a great idea as the fields are needed, “but don’t put them in a flood plain; you can’t keep them up. Thank you.”
Kenneth Williams, 273 Royal Ave., Strasburg, VA: “It should not be.” He said the island is surrounded by water and the talk has been about the 100 year flood plain and the 500 year flood plain, but “nobody’s consulted Mother Nature.” He said the people who have worked on this are very intelligent people, “but they’re not God and they’re not able to predict when it’s going to flood; how much it’s going to flood; how often it’s going to flood.” He said you have to consider the North Fork of the Shenandoah River. The pollution from the building projects is going to runoff into the river. “As the river goes, so goes the Valley and everybody in it.” He said he had a brochure that tells what is happening to the river. His children played ball in this Town and they didn’t have the type of fields that is being talked about. “We’ve got fields up here at Maurertown; we’ve got more over at Sandy Hook; we’ve got them down here back of Millers Drive.” He feels these parks should be developed.
Al Davis, 180 Tyler Circle, Strasburg, VA: Mr. Davis does not feel this is the place for recreational parks, but urged other citizens to let newly elected Council Members know there is a need for these type of facilities. An analogy to describe this area is that it looks like a very large kitchen sink --- “at the north end of the site, Cedar Creek enters the basin; that’s the faucet. On the south side, the creek leaves the basin and flows into the North Fork of the Shenandoah; that’s the drain. When a major storm provides a lot of water and flooding, the North Fork can back up, restricting the flow of the creek water out of the basin – the drain stops up. Meanwhile, Mother Nature turns on the faucet.” He said the applicant has said in newspapers to pay no attention to flooding issues and has named the development “The Summit.” “A summit is the high point of land; that’s not going to flood, what’s the problem?” He looked at this area from behind his house and he couldn’t find a summit. He continued by saying it has been said the Council might look more favorably on this proposal if the number of houses was reduced. He doesn’t agree with this because “if it is bad for 180 families to be flooded out of their house, is it good for 50 families to be flooded out of their home?” Everybody recognizes the need for more recreational facilities, “but at any price?” It can be rationalized that we need the ball fields even if they might be under water at times and if people are “dumb enough to buy a house in a flood plain,” it isn’t our problem. There are more than 40,000 acres in the Cedar Creek water shed and as the areas develop more and more run-off will be going into the creek so the flooding will be worse when it does flood. If this is approved, as many as 180 families could have their homes flooded at some point. “If I were in your shoes, I would not want that to be my legacy. Thank you.”
Warren Peiratt, 429 Dickerson Lane, Strasburg, VA: He said he was here again representing Midget Football League, as he has at many meetings. He hopes it has not been forgotten that he has asked the Town to work with this builder to get this. “The Town needs the fields. Nobody here has ever said the Town is going to come up with $2.5 million to build fields for any organized sport, much less all of them.” He says the best way to get this is to work with this builder to get this. This is why we elected you to Council -- to make rational decisions and work with each other to come up with good ideas for the Town. A compromise should be come up with. If it does flood, he knows he could get volunteers to clean it up as soon as it was safe to go onto the property. He doesn’t think the people who are against this are connected with the youth of the Town. “This will be a gem for this Town. Thank you.”
Clay Athey, representing the applicant: Mr. Athey said he disagreed with most of what Mr. Davis said, but did agreed with him on the legacy part of his talk. Mr. Athey has served on a Town Council and has served as a Mayor and he remembers what he did and what he accomplished. This is an opportunity to leave a legacy that will create a state of the art facility. I am here to represent Doug Boyd, who went to Strasburg High School and who employs local contractors. When they first started this project, Mr. Boyd thought people would be patting him on his back for bringing this type of project to Town. Mr. Athey said he warned him that there would be people against it. The Council needs to sort through facts and fiction. Mr. Boyd has proposed the best proffer package to the Town of Strasburg that has ever been offered and Mr. Athey read over many of these proffers. He added Bing Crosby Stadium is built in a flood plain, as are most of the sports facilities up and down the Valley. If the 500 year flood hits, most of Strasburg will be under water. He said if the rezoning is approved, his client will comply with the FEMA findings and he doesn’t want to build houses in a flood plain. You have a chance to leave a legacy. He concluded by asking all those in the audience who were in favor of this to stand and many did. This is an opportunity to leave a legacy to your children, grandchildren, and future generations.
Kim Bishop, 728 Crystal Lane, Strasburg, VA: Ms. Bishop distributed a map taken from the Strasburg Comprehensive Plan. She began by saying she hasn’t heard anyone say they didn’t want sports fields for the youth and she is not against children.
“I’m here tonight to request that RZ2006-05, the property know as the Island Farm, be denied for rezoning to Residential from X-Transitional. I don’t need to go in depth about the serious problems that come from building within a flood zone – I’m sure there are others that will do that; and I don’t need to go in depth about the serious problems that will be caused by pollution to the Shenandoah River – I’m sure there are others that will cover that; I don’t need to go into depth about the rise in property taxes, because really with all the building planned for the next 5 to10 years already in the works, Mr. Boyd’s development will be a small issue to it. What I need to get on record is the facts Mr. Walker wanted for a no vote are as follows: That the Town’s own Comprehensive Plan denies building in this area. I sent e-mails to those of you that have addresses, regarding this issue; never-the-less for the record I would like to read the statements that do apply here…Goal I: Strategy E states ‘preserve and protect natural areas such as waterways, wetlands, floodplains, woodlands, and parks…While Mr. Boyd has generously set aside land for preservation in his plan, putting houses within the flood plain does not correspond to this strategy. Goal III states, “Ensure that area residents, both present and future, will have adequate housing in a safe, healthy, quiet, and attractive environment in the tradition of Strasburg as a single family home community. Again, at least Mr. Boyd is suggesting single family homes (something sorely lacking in other developments), but will it be safe, healthy, and attractive after a flood? Goal III; Strategy E states “Prohibit the construction of dwellings or other structures in those areas defined as flood plain.’ I think that one speaks for itself. Page 23, paragraph 4 states, ‘the land area within the 100-year flood plain along the North Fork of the Shenandoah River and Cedar Creek has ban designated as conservation. Low-intensity uses such as agriculture, park, and recreational development should prevail within this defined area. There are not other permitted uses within this designated area.’ Again, I think the Comprehensive Plan speaks for itself. Finally, if you look at page 25, figure 3-3, it clearly shows this area to be for conservation and not family dwellings. While Mr. Boyd has given wonderful proffers, this is a bad place to put homes. Last month you approved building fences so the little league could use an existing field, somewhere else … Somewhere else is where this plan belongs.”
Joyce Gary, 744 Crystal Lane, Strasburg, VA: “As I understand it, within the Town’s structure, the Planning Commission serves as an advisory body to assist the Town Council in researching and investigating details and specific issues relative to applications for re-zoning and development. Based on the information it gathers, this advisory body makes recommendations to the Council regarding the requests received by the Town. It does what the Council doesn’t have time to do. It’s a part of the team --- entrusted to do its job of information-gathering.
The Planning Commission has made a recommendation to the Council on the Island Farm application for rezoning, and that recommendation is to deny the request. Those who attend the Planning Commission’s sessions know how thoroughly this application was researched and discussed, and know first-hand of the dilemma with which the Commissioners dealt. The members of the Commission want amenities for the Town and our children…they want quality homes, but they also want the safety of Town residents and the protection of the environment. We, as residents of Strasburg --- a lot of residents, not just one small group of dissenters --- want the same thing: we want something for the kids - of course we do, but there is more and more evidence that this proposed development is not a good idea. Experts in several fields have voiced concerns, including the flooding possibility. Rescue personnel have voiced their concerns about accessibility. Concerns about the environment have been expressed, and the direct conflict of this proposed re-zoning with the Town’s Comprehensive Plan has been discussed. In the end, the Planning Commission found too many unsure aspects of this project; too much risk. The developers have jumped to point out that these risks are not certainties… of course, they’re not, but the possibilities are there and, therefore, the risks and the risks are enormous, including susceptibility to a class-action lawsuit should the worst happen. It’s just wrong to take those kinds of risks. It’s wrong to ignore the possibilities. It’s wrong to not look at the big picture. It’s wrong not to listen to those who have information to give.
I urge this Council to put aside personal agendas and feelings and vote to accept the Planning Commission’s recommendation to deny this rezoning request. Restore public credibility to your own body. Show that you have standards: that you THINK objectively and ACT deliberately; that you are part of a team with one overriding objective: doing what’s best for this Town, the whole Town, and not one group. There’s an old saying based on folk wisdom and spiritual insight, which I think is appropriate. I conclude with it as a reminder: ‘There is no right reason to do the wrong thing.’”
Lucy Ivanoff, representing Madison Development, LLC: She said she just wanted to bring the Town Council’s attention to what really are the issues. The only thing being requested is a rezoning. This land will be rezoned; the annexation agreement with the County says it must be rezoned as either residential, commercial, or industrial. Other issues (i.e. flooding and traffic) are being addressed in the appropriate time frame using the procedures set forth in the ordinances of the Town. The ordinances and common sense does not require a developer to spend money on many of the items being discussed before a rezoning is approved. They have heard what the Comprehensive Plan calls for , but conservation is not a zoning classification in this Town and the annexation agreement requires it to be rezoned to a classification that is currently in the Town’s ordinances. Nobody is ignoring the issue of flooding and this delineation will be considered and decided by people who are experts in this field. Building permits will not be issued if it is in the flood plain or unsafe. This is the proper process to be followed and Council cannot ask this builder to follow something different than it does for everyone else. First the rezoning and then money will be applied for all the studies required to meet the standards of Council.
Patricia Sonner, 607 Bowman Mill Road, Strasburg, VA: “I am against houses being developed on the Island because I know of the floods that have been down there from my husband’s family.” Children do need a place to play ball, but why would you want to put it in a floodplain. When this was brought up before, Mr. Boyd only wanted 150 houses, and now it is 180; will it go on up? If it does flood, who will pay for the people’s homes? Who will risk their lives to save these people? She discussed some floods that have occurred in the area and said you need to think about this. She thinks Mr. Boyd should give the land to the National Park and take a loss on it. “What about the 100 and 500 year flood plain? That’s just on a piece of paper. How many mistakes have been made by going by that?” She thinks enough houses have already been approved in Strasburg for the next ten years or longer.
Leslie Meaux, 184 S. Massanutten St., Strasburg, VA.: She said she is a citizen of Strasburg, while many who have spoken are not. She wants “to be on the public record as being against this.” She said it was Flag Day and the flag symbolizes our government and her understanding is that government is in place in this country to “protect and secure the citizenry of this country. You as our Town Council and as our leadership is also here to do that. And, by voting to allow development in an area that is unsafe, and we know this is a flood plain, is pure and simple malfeasance of government.” She said this is a strong statement, but that is how strong she feels about this. She works for a company that is helping many families who are recovering from Hurricanes Katrina and Rita and “the devastation is unbelievable. This can happen here in Strasburg and it will happen when we least expect it.” She said, “Through the national flood insurance program, you can only get up to $250,000 worth of coverage; beyond that, you are on your own, to find an insurer that will insure you for the rest of your cost of your home and the rest of your belongings.” There are a lot of issues to be considered and she does not, “as a citizen want to feel complacent in a decision like this. So, I personally wanted to be on the record and have my comments be on the record tonight.” She doesn’t have a problem with Mr. Boyd waiting to later to get the flood map done, but the Town needs to have a certified FEMA map so the Council can make a sound decision on this. “We are literally putting people in harms way and I just find that absolutely unacceptable.” She said the Council needs to put aside all the other benefits, and she said Mr. Boyd’s proposal is most generous and almost sounds too good to be true, but we are talking about people’s homes, property, and lives. People in attendance have seen the flooding on the island. “This was slated as conservation area; Mr. Boyd knew that when he purchased it; he purchased it speculatively; we don’t owe him a yes vote.” Her other concern is that if there is loss of life on the island, who is liable? Has this been looked into and researched? She is concerned that an “enormous lawsuit will come back to the Town and hence the citizens that live here.”
Chuck Maddox, representing the applicant: “We have been on a long mathematical and scientific quest to determine the flood lines on the island.” They started as soon as the Council granted the annexation in October and thought the wise thing to do was to have the Town request their consultants do a flood study on this property so as to be unbiased. This consultant is the expert in the mid-Atlantic region on doing flood study. Mr. Maddox summarized the findings. He said before a FEMA map revision is done, you must first have a flood plain analysis and study done. This determines the height that water would rise at a 100 year flood and a 500 year flood. He pointed out the 100 and 500 year flood would be on a map on display. The proffers say no home will be built below the 500 year flood line; this exceeds what is required for flood insurance. They analyzed the findings by looking at the flood gauge on the Shenandoah River. It was found that the flood of the Shenandoah River controls the height of the water on the Island Farm; Cedar Creek only predicts the height at the 500 year flood. They have 80 years of data from the gauge on the Shenandoah and Mr. Maddox reviewed these findings. He said you can’t do the research any better than they have.
Town Officer’s Reports
Town Attorney Arthur: absent. Mr. James Allamong attended the meeting and had no report from Town Attorney Arthur.
Town Manager Fauber: The non-potable system work is at the Waste Water Treatment Plant is continuing. They are currently waiting on Allegheny Power to do some electrical work, but work is proceeding on schedule. Meetings will be coming up in the very near future with DEQ and Friends of the North Fork on the waste water plant expansion project. Designs on the water plant are continuing and there will be meetings with the engineers near the end of the month.
Director of Finance Mullins: Have been busy with taxes and are now getting ready for the new budget year.
Director of Public Utilities Tewalt: Absent.
Director of Public Works Rhodes: No report.
Chief of Police Robinson: No report
Town Planner Amos:
o SDV2006-01 Troxell – Subdivision of property on Front Royal Road into three parcels. The Parcel Identification Number (PIN) is: 025 ((A)) 133 and was annexed into the Town on January 1, 2005.
Planner Amos said there is currently one house on the property and Mr. Troxell wants to build two additional houses for family members. This request was approved by the Planning Commission on May 23. 2006.
Council Member Rinker moved for approval as presented; second by Council Member Taylor.
Discussion:
Council Member Nicholson asked if Mr. Troxell was planning to build two single family houses for family members. Planner Amos answered the request is for single family lots.
The motion passed unanimously.
o SDV2006-02 Dunmore, an application to subdivide 31.95 acres into 64 lots with out parcels as shown on the attached plat.
Planner Amos said this property is adjacent to Cedar Valley and across from Food Lion. This was rezoned in May, 2005, from X-Transitional to R-2 and 364 units were proffered in the rezoning. The applicants are now requesting that 64 of the lots be subdivided and this includes 31.95 acres; this will leave an additional 300 homes to be subdivided. Planning Commission approved this on February 28, 2006.
Council Member Taylor moved for approval as stated; second by Vice Mayor Nicholson.
Discussion:
Council Member Rinker asked if a plan had been presented on what the build out would be on this project. He continued by saying Council is faced with “1,000 to 1,200 lots on our books right now, ready to go into gear, and we’re talking about another subdivision that is going to generate several hundred more in addition. We don’t even have a firm date yet on the water plant; we don’t have a firm date yet for sewage treatment plant; we don’t even have a setoff plans yet that are thoroughly approved and fully funded to start all these improvements. I have a real problem with going on down the road with this kind of stuff. We all sit up here and we’ve all talked about Mr. Boyd’s development; we’ve all talked about the developments in this demeanor. I have a real problem with this thing right now because we don’t have any answers to any of these types of questions in regards to our infrastructure. With 1200 lots on the books right now, 1000 to 12, I think it would behoove us to lay back a little bit until we get some kind of real plan as to how they plan on phasing these things in and what needs to happen out there. I will vote against this right now; I don’t think it’s the time to do it.”
Planner Amos answered Council Member Rinker’s comments by saying the applicant had proffered in 2005 that 56 units would be built the first 12 months, 75 units the next three years, and 83 units in the fifth year of development. She said this has been approved for rezoning and this is only a subdivision request requiring the applicant to meet all of the Town’s subdivision ordinances.
The motion passed with one denial (Council Member Rinker).
o RZ2006-05 Madison Development Associates, LLC, requesting that property identified as Parcel Identification Number (PIN): 025 A 165A be rezoned from 61.06 acres of X-Transitional to Residential-2 (R-2) and 73.29 acres of X-Transitional to Agriculture-1 (A-1). The property is located to the east of Oxbow Subdivision and to the north of the Madison Heights Subdivision and is commonly known as the Island Farm.
Planner Amos said this property was brought into the Town on January 1, 2006 and the applicant is requesting the rezoning to build no more than 180 homes with additional recreational units as noted in the Council Packet. The Planning Commission recommended denial of this request and Planner Amos read the reasons for denial that are included in the Staff Report provided in the Council Packet. Additional comments made by Planner Amos were:
· The 1991 Comprehensive Plan showed this area as low density residential, but this was amended.
· She spoke with a FEMA representative and FEMA does consider citizen comments.
· VDOT has not received a traffic impact analysis and the Planning Commission does not feel comfortable the traffic information they have received. Some information has been given for the Oxbow development, but they would like to have this updated before the rezoning.
Council Member Nicholson moved for the Strasburg Town Council approve the rezoning application RZ2006-05 Madison Development Associates, LLC requesting that property identified as Parcel Identification Number (PIN): 025 A 165A be rezoned from 61.06 acres of X-Transitional to Residential-2 (R-2) and 73.29 acres of X-Transitional to Agriculture-1 (A-1); second by Council Member Wallace.
Discussion:
Council Member Rinker stated, “I have before me here a written statement of about five pages long from an attorney which basically says I can vote on this issue tonight. We’ve spent a lot of time here. There have been a lot of accusatory statements made by Mr. Boyd, his attorney, his group, against me. You would think I’m God in this thing. I really fail to understand what I know about this project that’s extremely damaging and detrimental to expansion and subdivisions in this Town. I would say that it’s all unappreciated; I could throw stones from my glass house back at him, I really could on several issues; won’t go there --- I’m a better person than that.” Council Member Rinker continued by saying he thinks there is enough building going on in Town currently. He added he is a big fan and supporter of sports as he and his children have always been active in sports and think kids are great. But, he is committed to the “health, safety, and welfare of this community and I really don’t believe the Island right now is a place to develop.” He thinks the chance of flooding is too great to build on the Island. He wonders if the hydraulics of the bridges has been looked at. He doesn’t think the time or place is right and “what you all have cost this Town really should be proffered back in; it’s a lot of money to get an opinion from an attorney whether a Council Person here can or cannot exercise his right to vote on this matter.”
Council Member Nicholson said, “I take exception to Councilman Rinker’s comments because I took some time to check back through the files and I will quote from the minutes. (Read excerpts from minutes included in Council Packet). “Now Mr. Rinker is coming back and saying he’s against it. I think he’s doing what we call in the business ‘talking out of both sides of his mouth.’”
Council Member Taylor stated, “First of all, I am very supportive of all the proffers that are being proposed for this project. Obviously, the athletic fields are much needed. I like the fact we are talking about single family homes being constructed with local materials and local workers. I like the build out pace that has been proffered and there are excellent monetary contributions as well.
Now, looking at the specifics of the project, a major issue has been flooding concerns. Everyone seems to be looking for a clear answer on this one, but I think the only one that can answer the question is the Guy above. I know everybody has looked hard into this and I appreciate your comments. I’m going to cast my vote in a little bit and it’s almost not looking at a yes or no, I have a few recommendations that I’d feel a lot more comfortable making a good solid decision if I had in my hand.
Looking beyond this issue, I would like to see a few things completed before I feel comfortable on making a decision.” He would like to see the Traffic Impact Analysis completed. The information from it could be valuable for addressing any traffic situations. Secondly, as he has mentioned previously in Ordinance Committee reports, that we are investigating the implementation of Low Impact Development techniques in our zoning ordinances and he feels this property surrounded by its watershed would be a prime candidate to implement some of those techniques to help with more environmentally friendly handling of storm water runoff.
His major concern is still the density of an R-2 zoning. Our current Comprehensive Plan shows this area as conservation, but he had Town Planner Amos look at our previous comprehensive plan when this property was purchased by Mr. Boyd and it was shown as Low Residential. They have stated they will probably not be able to fit the 180 homes that are being proffered, so he is not sure what the total number may be. He feels an R-1 zoning is more appropriate for this property, if building is going to occur.
The items mentioned are things he would hope could be accommodated without losing the proffers for the athletic fields, which is by far the most popular part of the proffer package. He has young children who could benefit from these and he started the Strasburg Sports Camps so he knows the importance of sports. Whatever decision is made on this property tonight, he wanted everyone to know he was going to respect it, support it, and move forward.
Vice Mayor Nicholson questioned the proposed proffer statement in the summary and said fire and rescue was not specifically mentioned in the summary. Planner Amos said it was not specifically mentioned, but $2500 will be given to the Town to be divided between the CIP; $4,000 for the County and she believes this will be given to the school. She explained that in other proffers the $2,500 was split up, but this is a lump sum to be given to the Town and it is up to the Council to decide how it will be divided.
Council Member Rinker called for the question and Council Member Nicholson requested a Roll Call vote be taken. The motion carried with the following results:
Council Member Wilson Yes
Council Member Wallace Yes
Council Member Taylor No
Council Member Rinker No
Vice Mayor Nicholson Yes
Council Member Nicholson Yes
Council Member Larrick Yes
Council Member Himelright No
Planner Amos said the Shenandoah County Planning and Zoning Department had a request to erect a Cingular 190’ cell tower at 6085 Fox Den Road. She has the application if anyone would like to review it and she will pass comments on to the proper authority. Council Member Nicholson asked where this is actually located and Planner Amos said it is across I81 from Junction Road. The Town is not being asked to vote on this, but to just give comments and concerns.
Next Tuesday, June 20, the National Park Service will be holding a public informational meeting to garner input on the General Management Plan they have been working on. The meeting will be held at the Town Hall at 7 p.m.
Standing Committee Reports:
Public Safety: Council Member Himelright reported the Strasburg Police Department answered 730 calls during the month of May, 2006, resulting in 123 adult arrests and 20 juvenile arrests.
Personnel Committee: Did not meet. Council Member Larrick thanked the other members for their help and time during the last four years.
Public Utilities: Did not meet
Recreational Advisory Committee: Vice Mayor Nicholson said the walking trail has met a snag with the archeological study that was done recently. Town Manager Fauber said a Phase I study was done and several areas were found that will need additional study. A Phase II study will need to be scheduled and completed.
4th of July: The event will be held on the day of the 4th. The committee has been working all year on this project. The event will begin at 5 p.m. and includes free rides for the children, music by Ho-Kiss Po-Kiss, food, and a puppet show. A Cruise-In is also scheduled. The celebration will conclude with fireworks at 9:30 p.m., followed by a Pool Party.
Vice Mayor Nicholson thanked everybody for their help and support during her tenure on the Council.
Finance Committee: Council Member Rinker said the Town finally got to a balanced budget and an acceptable tax rate.
Council Member Rinker moved to adopt FY2006-07 Budget in the amount of $8, 907,799; second by Council Member Larrick.
Discussion:
Vice Mayor Nicholson said, “I’m going to vote against the budget.” She said she has never voted against the budget during her 12 years on Council, but “I don’t think we do enough to pay our hourly employees to retain them and keep them here, especially our officers, our administrative help. We’ve got wonderful staff; very knowledgeable staff and we should do all we can to retain good help. Also, I feel that we aren’t doing anything for the LEO Plan.” Also, taxes are going up and so she is voting against the budget. Council Member Nicholson added he doesn’t want the guys behind the scenes forgotten --- the utility workers, the water plant workers, and the waste water treatment workers.
Council Member Himelright called for the vote. The motion carried on a roll call vote with the following results:
Council Member Himelright Yes
Council Member Larrick Yes
Council Member Nicholson Yes
Vice Mayor Nicholson No
Council Member Rinker Yes
Council Member Taylor Yes
Council Member Wallace Yes
Council Member Wilson Yes
Council Member Rinker moved to appropriate $8, 907, 799 for the fiscal year 2006-2007 Budget; second by Council Member Wallace. The motion passed unanimously on a roll call vote with the following results:
Council Member Wilson Yes
Council Member Wallace Yes
Council Member Taylor Yes
Council Member Rinker Yes
Vice Mayor Nicholson Yes
Council Member Nicholson Yes
Council Member Larrick Yes
Council Member Himelright Yes
Council Member Rinker thanked Director of Finance Mullins, Town Manager Fauber and all the Department Heads for the work done on the budget.
Ordinance Committee: Council Member Taylor reported the committee met on May 16, May 25, and June 6. They have almost completed the priority list of zoning and subdivision ordinances amendments. As they did last month, a printed copy of the changes was put in the Council packets and has been made available to the public. Mr. Taylor will also be updating the website under the Ordinance Committee link. Town Planner Amos is working on setting up a meeting with Town Attorney Arthur to look over the legalities of our recommendations. The committee is investigating a steep slope ordinance that will state a maximum slope of the land building will be able to occur on. Another requirement being investigates is once a project is compete, an “as built plan” which shows all the details of a development will need to be completed. This will make it easier for the Town to keep track of infrastructure and other details.
In conclusion, Council Member Taylor thanked Council Member Himelright and Larrick for all they have done while serving with him on the Ordinance Committee.
Building and Grounds Committee: Did not meet.
Streets Committee: Did not meet. As a departing member of Council, Council Member Wilson said we have a wonderful Town here; have a nice Town staff that does a wonder job. He said he has worked well with Kevin (Town Manager Fauber) over the years and have a great Chief of Police and police force. He didn’t want to leave anybody out --- the other departing members and the remaining ones, too --- “I just wanted to say thank you.”
Special Committee Reports:
Shenandoah Telephone Advisory: The Advisory did meet on May 24 and the main topic discussed was a new project in Charles Town to get service for each home where they had their one single line and they were able to get cable TV, DSL, etc. on this line. They believe they are the only company that can say that all areas that they serve can now have DSL service if wanted. Council Member Larrick reminded Mayor Crisman a replacement will be needed for this group.
Strasburg Heritage Society: Council Member Taylor said there was a general meeting of the Heritage Association held at the Old Mill Restaurant on Sunday, June 11. Daniel Bly was the guest speaker and he spoke on the German influence and heritage of our area. There was a great turnout and Mr. Bly’s presentation was outstanding. The next Board meeting is Wednesday, August 16 at 7:15 p.m. in the Town Hall.
Chamber of Commerce: Vice Mayor Nicholson said she had attended the meeting on June 13. The Chamber is giving two scholarships to graduating students from Strasburg High School for $500 each. The next Mayfest planning meeting will be July 13, 7 p.m., at the Chamber Office. The Route 11 Yard Crawl will be August 12 and businesses are being notified of this because spaces in front of the businesses might be used. Be sure to put the Christmas celebration on your calendar; it will be the first weekend of December. The next Chamber Mixer will be June 15 at ERA Beasley Realty. Oktoberfest is October 21 and Mayor Crisman is to ask Hometown Strasburg to chair this event.
Hometown Strasburg, Inc.: Mayor Crisman said the group had met, but due to a work conflict, he was unable to attend. An update will be given at a later date.
Old Business:
Mayor Crisman asked that New Business be moved to follow Committee Meeting Dates. Since this is a part of the agenda, and the agenda is part of the Town Code, a 2/3 vote of Council is needed to change the agenda. He asked that he be allowed to do this. This request passed unanimously on a vote by Council Members.
Unfinished Business:
Committee Meeting Dates as Follows:
COMMITTEE DATE TIME
Public Safety Committee TBA
Personnel Committee TBA
Utilities Committee June 29, 2006 7:30 p.m.
Recreation Committee TBA
4th of July June 20, 2006 7:00 p.m.
Finance Committee TBA
Ordinance Committee TBA
Streets Committee TBA
Buildings and Grounds Committee TBA
New Business: Council Member Nicholson thanked the four members going off of Council and said this has been an easy Council to work with. He feels the new Council people will have big shoes to fill.
Mayor Crisman said the Town, as well, has a large thank you for the outgoing members. He believes people realize that these are not always the easiest jobs to have and they require you to make decisions you often times wish not to make, but you are charged with doing so. It is a huge responsibility, but it can give you satisfaction and pride. He thanked them for their dedication and said he had made many good friends. He presented all outgoing Members with a clock engraved with their years of service.
Wesley A. Larrick Town Council Member July 1, 2000 - June 30, 2006
Richard W. Wilson Town Council Member November 18, 1997 - June 20, 2006
Taralyn F. Nicholson Town Council Member July 1, 1994 - June 30, 2006
Vice Mayor July 1, 2002 - June 30, 2006
Henry H. Himelright, Jr. Town Council Member November 3, 1981 - June30, 1990
July1, 1998 - June 30, 2006
Vice Mayor July1, 2000 - July 30, 2002
Council Member Himelright said he had enjoyed working with the Council and appreciated the support he has received from those who voted for him and those who didn’t. He said he had some of the kindest words said to him by people who probably disagreed with him the most. He said he had always liked the singer John Mellencamp and paraphrased a song of his, Small Town.
“I was born in this small town,
grew up in this small town,
I learned the fear of God and the love of Jesus in this small town,
and when I die, I’ll be buried in this small town, right up across the hill.”
Mr. Himelright said he had tried to keep this in mind and do his best. He welcomed the new Council Members and wished them well. He ended by giving a piece of advice his grandfather had given him a long time ago. “When you vote on something in this community as a new Councilman, if you can’t afford the horse, don’t get up in the saddle because once you do, you’re going to want it.”
Being no further business, the meeting adjourned at 9:14.