MINUTES OF THE TOWN COUNCIL MEETING HELD ON TUESDAY, SEPTEMBER 11, 2007, AT 7:30 P.M. IN THE COUNCIL CHAMBERS OF THE STRASBURG TOWN HALL.

The meeting opened with the Pledge of Allegiance and the invocation was given by Rev. David Howard of the Strasburg Presbyterian Church.

ROLL Called with the following members present:  Mayor Crisman and Council Members Le Vine, Mauck, Nicholson, Rinker, Terndrup, Wallace, and Whittle.  Absent:  Vice Mayor Taylor (out-of-town on business).

Minutes of the August 14, 2007 Public Hearing and Town Council meeting were approved as submitted.

Mayor Crisman welcomed all in attendance and said all communications had been directed toward the appropriate committees.  He pointed out one item included in the packet regarding a resolution to organize a coalition of local governments to formulate recommendations for the General Assembly for legislative solutions to problems caused by illegal aliens.  He encouraged Members to read the resolution as he would like to include this as an agenda item for the October Council meeting.  Council Member Le Vine offered to coordinate with the County to see what plans they have for this.

Mayor Crisman said he was given a proclamation several days ago and there are some issues regarding this proclamation, but he does “think it is a fine proclamation, I think that it serves the community well, and I think it is something we would support; there are some logistical items that need to be addressed and some safety concerns, but basically this proclamation deals with October 3, which is the International Walk to School Day.”  This program is designed to give safe passage for students to either walk or bike to school.  He said the schools are going to have some activities pertaining to this and the Police Department and the Recreation Committee have been working on this to ensure the safety of the students.  He said that even though the actual riding or walking to the schools in this area may not take place, he felt it was appropriate to read the proclamation.  (Proclamation attached here-to).

Introduction of Visitors and Guests:

Jeff Taylor:  Mr. Taylor said he was in attendance as a courtesy to the Town and passed out an example of a stamp cancellation.  He said he was approached by the postmistress of the Strasburg Post Office who he actually got to join the Strasburg Chamber of Commerce.  They wanted to celebrate this joining and came up with the idea of a cancellation stamp for Oktoberfest.  The stamp will be used for the month of October.  There will be six certificates with the first six stamps on them and these will be collectors’ items.  They would like Mayor Crisman to sign the certificates as part of Oktoberfest.  The certificates will be on sale and the proceeds will go toward Oktoberfest.  He was just telling about it as a courtesy so all would be aware of it.  Any package or letter leaving Strasburg will have this stamp on it.  There is no cost to the Town.

Chief Sutherly said at the last Council Meeting, Adam Settle resigned and so he introduced Amy Atkinson who will be replacing him.  She is a former member of the U.S. Coast Guard and most recently she has been a game warden.  She is fully trained and ready to start work. 

Chief Sutherly had passed out resumes to all Council Members on Mr. Jerome Robinson who has 22 years of law enforcement service.  He said Mr. Robinson is a friend, but also a friend who is very capable and knowledgeable. 

Mr. Robinson said he realizes it is not normal to be hired as he was without going through the ranks as the lieutenant for patrol.  He said he loves his current job and it was a hard decision.  He talked about some of the things he has done on the job such as being a mounted policeman and he heads the SWAT team.  Why is he leaving?  He is leaving because he wants to come home; it is a chance to do what he loves here.  He also gets to work with Chief Sutherly again.  The Town has a competitive salary and the LEOS plan.  He believes Chief Sutherly picked him for his leadership skills.  He said he leads by example and is looking forward to working again with Chief Sutherly and Captain Wilkin.

Citizen Comments:

Non-Action Items:

Richard Seelbach, 133 E. King Street, Strasburg, VA:  Mr. Seelbach said he retired from Northwestern Community Services where he was a counselor for the homeless and he is very disturbed by the recent article that said everyone would be charged $2.50 a month to recycle.  “You don’t have a clue, you really don’t have a clue, how much money that is to people who are down and out and I don’t think this is right.  I want to tell you right now there are people who can’t afford $2.50 a month and this is not right.”  The newspaper said that regardless if you use the service or not, you will be charged.  He added, “We are trying to beautify Strasburg and the fact that we’d have these ugly little containers out on the street, doesn’t beautify Strasburg.  To charge people who don’t have the money and make the people who do have the money who are lazy enough that they don’t want to go to the recycling bins to put it in, that’s not right.”  He said he has other comments that he will say later about subsidizing water bills for watering of flowers.        

Justin Ritenour, 267 W. Queen Street, Strasburg, VA:  Mr. Ritenour said he was before Council to discuss an issue brought to his attention prior to the Council meeting.  “Apparently there has been consideration and approval of two trees on Holliday Street that have been accepted to be cut down which could bring up some issues with beautification problems.”  He wondered if the citizens on the street who are within sight of the trees have been questioned as to if the trees should be cut down, do you like the view, etc.  He said another concern was there are electrical lines running through the trees and the person approved to cut these trees down is not certified and so he thinks it is an accident waiting to happen.  He has also considered that the Architectural Review Board reviews when a person wants to put a fence up in the historic district; ”is that anymore significant than if someone wants to cut a tree down especially right along a major thoroughfare like Holliday Street because a lot of people go up and down that street for school?”   

He thinks the neighbors should be considered and then make recommendations. 

Mayor Crisman Crisman asked if Staff was familiar with this issue.  Town Manager Fauber said he just heard about it that day through an email from Vice Mayor Taylor.  The tree is located on Holliday Street beside Ann Keller’s rental property.  He does not know who gave permission to cut it down as he did not.  Council Member Mauck asked if the trees were on private or public property and Town Manager Fauber said he would assume they are on public right-of-way, between the curb and the sidewalk.  Mayor Crisman would like this to be pursued diligently.  Planner Amos said she spoke with Director of Public Works Rhodes about this when the request came in --- the request was for the Town to remove the trees.  Mr. Rhodes said the Town would not be removing them as they were not causing any problems or bothering the sidewalks.  But, if the property owner wanted to remove them, he didn’t see a problem with the property owner removing them and Planner Amos thinks this is what has brought up the concerns of the neighbors.  Mayor Crisman would like this to be re-visited and make sure this is the proper decision.  He would like Staff to report back on this to Council.    

Kim Bishop, 728 Crystal Lane, Strasburg, VA:  Said she had sent one email and received an answer from Town Attorney Neal and then sent another email out acknowledging that and she knows at least one Council Member received it because she got a response thanking her for her comments.  She didn’t get feedback either positive or negative on it and so she would really like to encourage all of Council to follow Council Member Terndrup’s suggestion to have a citizen forum where the citizens and Council can sit down and have a real dialogue.  It is sometimes hard to really tell what the tone of an email is --- “it is very hard to communicate through emails.  To have a one-on-one where we can talk back and forth will be good.  She still doesn’t understand all aspects of the law.  She knows there is no legal conflicts of interest in having Mr. Boyd’s lawyer speak for the Town, but in the eyes of the citizens, “there is a conflict of interest; we see that you have taken the developer’s side.”  She knows the Council is “between a rock and a hard place; either way you go somebody is going to be mad at you.”  She then read the end of the email sent by her to Council (entire email attached here-to).  She hopes Council understands she really isn’t negative all the time, but she has the right to speak out.  She hopes all hear her because she doesn’t hear feedback and she likes to hear feedback, both positive and negative.  Finally, please consider Mr. Terndrup’s suggestion on the citizen’s forum as she thinks it will help a lot of misconceptions people have.

Joyce Gary, 744 Crystal Lane, Strasburg, VA:  “I’m in a bit of a quandary tonight.  I wanted to address the Council in this public fashion to comment on the positive, hard work I have witnessed going on in the Committees.  I wanted to commend the Council Members who are taking the time and making the effort to be responsive on a one-on-one basis to individuals with concerns.  But, in the midst of these positives, there is this presence, this specter, of a vastly disturbing nature.  So, given the time restraints of this forum, the need to prioritize becomes critical.

This presence which serves to discredit, or at least put into question, these other more positive things, revolves around the Voice of Strasburg lawsuit.

The fact that our Town Attorney has dismissed the significance of this case which to reiterate is about, and only about, citizens’ rights and the law, by publicly stating that the entire case was based on technicalities is astounding to me.

Not following proscribed laws should not be considered a technicality, especially by an officer of the Court.  Could we defend ourselves by saying that the law we broke was just a technicality?  Try that if you get a speeding ticket!  This is a cavalier attitude, which if not changed will only serve to encourage a repetition of the same unlawful actions.

Then this same official explains why he has joined with the developer’s attorneys in this lawsuit by saying that the interests of the town and the developer are identical … Wow, that’s scary to me.  I, for one, don’t want my Town’s interests to be the same as a developer’s.  I want my Town’s interest to be its citizens.

So, I speak tonight in support of Patricia and Calvin, in support of Donnie Davison, in support of Carolyn Stalnaker, all life-long residents of this Town whose rights under the law were summarily ignored or thought to be insignificant.  And they were made to feel insignificant by these actions and by this Council’s tolerance of the violations.

I believe you to be honest, principled people.  So, I don’t understand why this hasn’t been dealt with in an honest and open way.  I don’t understand why this Council has chosen to not even acknowledge what they knew to be true.  But, what I do understand is the certainty that unless and until the truth is acknowledged and spoken, this Town and this Council’s reputation and integrity will continue to be in question.”

Reports and Communications from Town Officers:

Town Attorney Neal:    Regarding the Sonner/Davison suit, “the order has been circulating among the attorneys – Mr. Robinson has it right now - and I would anticipate it being entered within the next week or so; the clock doesn’t start ticking until the judge signs the order.  I know the judge sent his letter out and it has been in the papers, but until the order is signed, the appellate period doesn’t start.”

He said he had been asked to check if the tobacco tax revenue could be “earmarked” for specific items.  He couldn’t find anything in the Code; you can “earmark” fees, but he couldn’t find anything that said you could “earmark” the tax, but he also couldn’t find anything that said you couldn’t.  He said you could do it unofficially and gave the example that if raise $30,000 then you can say you are going to spend $30,000 on a project, but there is nothing in the Code saying you can officially say the tax money is only going to a certain project, but it can be done indirectly by allocating the funds.

Town Manager Fauber:  Said several Staff people were absent from the meeting tonight.  Director of Finance Mullins was off for personal reasons; Director of Public Works Rhodes had left work sick earlier in the day; and Director of Public Utilities Tewalt was on vacation.  He would try to answer any questions pertaining to any of these departments. 

Town Manager Fauber reminded all of the Recruitment Event/Yard Party for the Rescue Squad on Saturday, September 15, 3 – 8 p.m.    EMT class will start on October 2 and is free to Strasburg residents.  Please, contact Rescue Squad President Gary Dalton (459-4849) for more information.  CPR and first aid classes are now forming.  Please contact any member for information regarding these one day classes.

The Bowman Mill Road project continues and a progress meeting was held last week.  There is some concern by VDOT about the progress.  The deadline for substantial completion is November 1, 2007, and there is some doubt this will be met.  Through VDOT and the contractor they are trying to get the project back on schedule. 

The audit was completed and a draft will be received soon.  Staff will then go into the management discussion and analysis of the audit.  A rough draft will be presented to the Finance Committee later in the fall.

He reminded all of the Legislative Dinner at Bowling Green Country Club on September 20.  Those planning to attend should notify Clerk Keller.

The Town has started work on the infrastructure projects that were included in the budget.  They have started some of the engineering and funding applications have begun.  Funding applications have also started on the water plant.  The engineers have notified Rural Development they are wrapping up the design phase and the project should go out to bid soon.  Rural Development has instructed the Town to begin the application process. 

Staff has received the archeological survey from the Louis Berger Group for the walking trail.  This will be forwarded to the Department of Historic Resources for the grant portion of the project.  Staff is working on the bid documents and hopefully that will be put out to bid soon.    

Director of Public Works Rhodes included a map in his report showing which streets have work being done on them.  The water production report was also included in the Council Packet. 

Council Member Rinker asked about Queen Street and which end was going to be worked on next.  Town Manager Fauber said he would get an answer on that as he and Mr. Rhodes have discussed this, but at the present time he is not sure which end will be worked on first.

Council Member Rinker also said Mr. Rhodes was going to issue a Request for Proposals (RFP) concerning the drainage issue behind the theater.  Town Manager Fauber said the proposals should be back within the next two weeks.  Part of the RFP package was the sidewalks along Routes 11 and 55 and also extending water and sewer across Rt. 11 near the Ramada motel.

Mayor Crisman had a comment from a citizen on Bowman Mill Road that as the road improves, the speed will increase.  He said the Town will need to take a look at this and set speed limits accordingly.

Mayor Crisman asked when the Walking Trail project would start; Town Manager Fauber said he could see it starting this winter, weather permitting.  There is no projected completion date as it will depend on how the bids come in and the funding situation.  The project might have to be broken down into phases.  Mayor Crisman wants to make sure this project progresses along as the Town has been waiting a long time for this. 

Council Member Mauck said she went to Luray with a group from Hometown Strasburg and worked with Mr. Pat O’Brien and he is willing to give an overview of the engineering plan the Town now has.  The trail in Luray is in a floodplain, too, and she thinks it might be good to hear what they have gone through.  She would be glad to schedule a meeting with him.

Director of Finance Mullins:  Absent

Town Clerk Keller:  On September 20, there will be a picnic on Massanutten Manor Lawn celebrating 25 years in Strasburg.  All Council is invited to attend and please RSVP to the Town Office by Friday, September 14.  The Town and County Dinner will be held at the Toms Brook Fire Department on October 3.  Please let Clerk Keller know if you are planning to attend.  Costumes are optional, but prizes will be awarded.

Director of Public Utilities Tewalt:  Absent

Director of Public Works Rhodes:  Absent

Police Chief Sutherly:  He reported several children were hit during the last few days; one actually hit the side of a police car at the top of Thompson Street and the child will be fine.  The second child was struck on a bicycle at the intersection of Capon Street and Stover Avenue.  He said he sees how children ride their bicycles and walk in front of traffic and it scares him.  Parents are not monitoring children the way they should; he does not know what the answer is to help protect these children and he thinks the parents need to be educated.  He thinks this issue should be addressed at a Public Safety meeting.

Chief Sutherly said he attended a meeting with Governor Kaine who is promoting his preK education plans called “Opportunity to Start Strong.”  The theory behind this program is that if a child begins education earlier, they will do better in school and so there will be less crime as they will still be in school and not being a high-school dropout.  90% of the brain is developed by the age of five and so if education is started before the age of five, the student will do better

Town Planner Amos:  Have two action items from the Planning Commission, both being Special Use Permits:

Mr. DuBrueler is requesting a Special Use Permit to allow for a construction office to be located in the existing radio station building and to include modular home sales and storage.  There would be the placement of two model homes facing I81.  The company wanting to use the property builds modular homes and then places them directly on lots.  The Planning Commission reviewed this and no comments were gotten from public hearings.  The Commission recommended approval with the following conditions:

1.       A site plan will be submitted and approved and the site plan will follow regulations set forth in section 3-14.

2.       No homes will be stored for more than one week (seven days).

She continued by saying the applicant had said homes would probably not be stored for more than a day or two and the only reason for storing them would be due to weather conditions or for a construction delay on the property where the home was to be set.  As it is a SUP, the Town Council can recommend and approve the permit with any conditions.  Planner Amos added there are currently PODS on the property which are not allowed on the property and storage is not allowed on industrial property.  This has been addressed and the property owner is out-of-town and his agent has spoken with him and half of the PODS have been removed; the other half will be removed shortly. 

Council Member Rinker said his major concern is home sales and storage.  He doesn’t think there should be any wording for any storage on the premises.  He has heard what the Planning Commission said, but he “does not think Radio Station Road is of a nature to drag halves of homes down there.  I think it is dangerous down in there with all that truck traffic going in and out of Americold on a constant basis and I mean they roll.  I think it is an accident waiting to happen.”  He would prefer to leave the word storage out because “this is the ‘gateway’ to Strasburg – what do you see when you come by this property?  You see Americold and anything that is on that lot.  Anything stored there other than two model homes would be a poor reflection on our township.”   

Council Member Rinker moved to approve SUP2007-01 Steve DuBrueler’s request for a special use permit to allow for a construction office and a modular home sales office only – no storage.  The property is currently zoned X-Transitional and is identified as Parcel Identification Number: 016 ((A)) 174B and is located at 458 Radio Station Road; second by Council Member Wallace. 

Council Member Le Vine moved to amend the motion to include the provision that a site plan be submitted and approved and that the site plan be according to section 3-14 of the ordinance; second by Council Member Rinker.

Planner Amos said the applicant would like to respond and also a citizen would like to speak.  Mayor Crisman said typically a motion is on the floor, there can be no comments from the audience. 

Council Member Whittle said he would like to hear from the applicant because he wants to know if this motion would work for him.  He also asked if the motion mentioned there would be two model homes on the property for display purposes.  Mayor Crisman said he didn’t think it was included and asked if the amended motion should be amended.  Council Member Rinker asked if the original hearing was for two modular homes on the property as what was presented only called for modular home sales.  Planner Amos said the application called for two homes and modular home sales.  Mayor Crisman said Council has a recommendation from Planning Commission with some conditions and so he asked if the Planning Commission is in keeping with the application.  Planner Amos said the Planning Commission agreed with the two modular homes being placed on the property.  Mayor Crisman asked if it needed to be stated in the motion and Planner Amos said she felt it was covered under modular home sales.    

Council Member Le Vine said in the spirit of the small town, he thinks Council should make an exception to the rules and let the applicant speak.  The consensus was to allow this so there would be no confusion as to what was being voted on.  Town Attorney Neal was asked if this was allowable and he wanted to know if just the applicant would speak or was it being opened up to the audience, too; he felt the applicant could always be asked questions as that would not be considered a “public hearing;” opening it to the floor is a public hearing.  Council Member Terndrup read from the Staff Report, “They are proposing to locate two model homes on the property facing I-81 and use the existing building as a sales office.  Occasionally due to weather they may need to store pre-built homes…”  Council Member Terndrup said a number is not stated as to how many homes would be stored and so that was his question to the applicant.  

Chad Sees, owner of CSI Custom Builders:  Mr. See explained he owned the company that will actually sell and set the modular homes; Mr. DuBrueler owns the land and so the application was in his name.  The company does specific, scattered lot sales.  Typically it is a sale that goes directly from the factory to the lot where it is to be set.  In the construction business, there are some “gray” areas and there are sometimes hold-ups due to weather, etc.  He is not asking for a manufactured home sales lot; he is talking about quality, modular homes.  Instead of leaving a modular sitting in a parking lot at a hotel, they would store them in their driveway overnight or for two days; he feels a week is great.  He hopes the PODs sitting on the lot now do not deter the Council from approving this.  He said when he is allowed to move forward with this project he will have more control over the land and this type of problem will be taken care of. 

Council Member Terndrup asked what a maximum number of homes to be stored would be and Mr. See said he thought it would be one at a time.  He said it is not intended to ever do this, but it is a “last ditch” if they can’t get the home on the site.  Professionally, from his standpoint, it makes more sense to store them at their own place where they can monitor them.  He said it would be one home at a time, on a situational basis.  Homes will never be set-up and a “For Sale” sign placed in them; the model homes are for that purpose.   

Council Member Rinker said this is the gateway to Strasburg and you see this as you drive up and down I81.  He is adamant about protecting the entrance into the Town.  He knows of a place in Winchester where up to three homes are stored at a time.  “I know those PODs got stuck in there and nobody even knew it.”  He could see a modular home being there for an extended period of time until the site is ready to receive it.  He has a safety problem with this, too.  It is not very far to I81 and by the time you put two modular homes in there, you will be “pinched for room” to store tractor trailers with halves of homes on them.  He is thinking of this from aesthetics to safety of trucks going to Americold.  He does not want to see any modular homes stored on the property.

Mr. See said it is his intention to have a much nicer facility than Americold not only for his business, but for the Town as well. 

Council Member Nicholson said he knows there are sometimes problems with construction and he thinks it is asking for a lot to have the homes sent back to the factory if the site is not ready for the home on a certain day.  He is only asking to allow the homes to sit for a few days.  

Council Member Whittle agreed to maybe only having one home stored for one week.    

Council Member Le Vine asked about landscaping; he would feel better with some strong assurances on how this will look to the passer-by.  Council Member Whittle said the Planning Commission had concerns with this and that is why they required the site plan.  Planner Amos said there are buffer requirements in the industrial area and also they will have to follow parking lot landscaping requirements; any other landscaping requirements could be made a part of the special use permit.  Council Member Le Vine said he was willing to consider a compromise and only store one home and for no more than three days.  He also wants the Planning Commission and the Town Planner needs to be very strict on the landscaping.    

Council Member Rinker asked if it would be three days out of a week or three days a month.  Council Member Le Vine said there will only be one modular home on the property and it can only stay 72 hours.  Council Member Rinker said this is not tight enough as modular homes could be stored back-to-back time wise and a home could always be stored there.  Council Member Nicholson stated Mr. See says this doesn’t normally happen and he thinks Council should take his word for it.   

Town Attorney Neal explained how the Town can get around this.  It could be written that no more than one house for no more than 72 hours, and a written statement be brought in within 48 hours and if not, the special use permit can be revoked.  This would not be an approval from the Town Manager or the Town Planner; it would just be notification so that if citizens complained, they would know it is there.  Council Member Rinker said he could go along with something such as this.  Council Member Le Vine said he would still want the motion to say one home at a time.  Council Member Mauck asked if the homes would be attached to utilities.  Mr. See said the homes would have electricity and heat so people can tour them.  Council Member Mauck said what is going to happen to the site with the worst case scenario and the business doesn’t work and the property becomes a blight – what guarantee is there this will not happen.  Mr. See said the homes would be removed and the site would be returned to the current state.  The homes would be sold and moved to the buyer’s location and the foundations would be removed.  Council Member Mauck asked if the Town could get a guarantee of this.  Mr. See said he would be glad to guarantee that he would get rid of the houses if he moves the business elsewhere. 

Mr. See asked about the 48 hours and said emergency situations usually won’t allow for him to notify the Town 48 hours in advance.  Town Attorney Neal said it would be 48 hours after it happens.

Council Member Le Vine asked if all motions could be withdrawn.  Council Member Le Vine withdrew his amendment to the original motion and Council Member Rinker withdrew his second.  Council Member Rinker withdrew his original motion and Council Member Wallace withdrew the second. 

Le Vine moved for the approval of SUP 2007-01 Steve DuBrueler, an application for a Special Use Permit to allow a construction office with modular homes sales and the placing of two model homes with the following conditions:

1.      A site plan will be submitted and approved according to section 3-14 of the Town of Strasburg ordinances.

2.      There will be not more than one home stored on the premises at one time.

3.      No home will be stored more than three (3) days.

4.      Within 48 hours of the storage of a home, the Town will be given a notice of the circumstances and the emergency reasons for such necessity of storage.

5.      If the site is not used for this purpose for longer than a month, then the property will return to the original condition with the houses being moved and all improvements will be dismantled. 

Second by Council Member Whittle.  The motion passed unanimously.

Planner Amos explained the property is owned by First Bank, but the applicant is Strasburg Green.  They are requesting a special use permit to allow for a sales center at the existing structure at 33859 Old Valley Pike.  This is a residential building and the applicant wants to clean the property, add new siding, repair the roof, replace the porch, put in a parking lot and the Planning Commission will be reviewing the landscaping for the property.  The Planning Commission recommended approval with the condition a site plan will be submitted and approved according to section 3-14 of the Strasburg Town Code ordinances.   

Council Member Le Vine moved for the approval of SUP2007-02 First Bank, an application for a Special Use Permit to allow a sales office at 33859 Old Valley Pike with the following condition:

            1.  A site plan will be submitted and approved according to section 3-14 of the Strasburg Town Code ordinance. 

Second by Council Member Rinker.

Discussion:

Council Member Terndrup asked if this was a temporary use of the property as the Staff Report says “future development of this property would have to be incorporated with adjacent parcels.” Planner Amos said the reason this is not being rezoned to C-2 is because the property is less than the required one acre minimum lot size for Highway Commercial zoning so they would either have to receive a variance from the Board of Zoning Appeals for that portion of the property for the minimum lot size, but there are talks with the adjoining property owners to combine the properties.  When the sales center is no longer needed, then it is hoped the entire property can be rezoned and at that time it will come back before the Planning Commission and Council for a re-zoning.  Council Member Terndrup asked what zoning it will have and Planner Amos said it will be X-Transitional.  If it would have received a variance or was combined with the adjoining property, it is hoped it would become Highway Commercial as called for in the current Comprehensive Plan.      

Council Member Rinker asked if the Council would be violating any of its own ordinances by putting a sales office in the building with the property being zoned X-Transitional.  Planner Amos said if it were to be re-zoned, she would recommend C-2, but it does not meet the recommended lot size and so the applicant is going the special use route and in the X-Transitional district you are allowed to receive a special use permit for other uses.  Council Member Le Vine said by leaving it this way, Council still retains some control over the property.  Council Member Rinker agreed, but said he just wants to make sure none of our own ordinances are being violated by issuing a special use permit on an x-transitional property.  Town Attorney Neal said he had previously represented Mr. Rosenfeld and so he shouldn’t give the answer to this question.  Planner Amos said Council approved special use permits in X-transitional district by review and so it is allowed.  It might not be the best possible choice, but it is hoped this will eventually be a larger commercial property.  

Council Member Terndrup asked if the special use permit is granted, does it imply any by-right authority in the future.  Planner Amos said the only by-right use would be as a sales office.

The motion passed unanimously.

Planner Amos gave the report on the Buildings and Grounds Committee meeting.  Only she and Council Member Wallace attended and they reviewed the proposals on the recycling program.  They picked the program they thought was best for the Town.  Council will be receiving more information and a public hearing will be held on this in October.  They are looking for more comments such as Mr. Seelbach’s as they haven’t had much citizen feedback.  Most of what she has heard has been positive and she was surprised by how many people are willing to pay the $2.50/month, but the people who aren’t able to pay, must be considered.  This fee would be added onto the water and sewer bill.  She said there are some grants available.  The suggestion of having the receptacles on King Street, they have found some that are dark green and more attractive. 

Council Member Le Vine said Mr. Seelbach touched on an issue and so Council Member Le Vine wants to re-visit the suggestion of extending the real estate abatement idea to citizens who are really affected in a direct way by fees.  He will invite Mr. Seelbach to the meeting when this is discussed.

Council Member Terndrup said as the populations of the towns and counties grow, more space is needed for landfills which are very expensive.  This will lower the expense of the County landfill.  There is an environmental benefit as well as an economic benefit. 

Planner Amos said it was brought up that in Strasburg there is only one recycling bin and there may be a need for another.  If curbside recycling is done, no large recycling bin would be needed.  The total cost to the Town would be $60,000; the cost could be decreased with grant funds.

October 13 is the date for the Staff/Council Retreat.  It will be held at Belle Grove Plantation with a box lunch from Shaffers.

Planner Amos met with the Shenandoah County Economic Development Commission in August.  They continue to meet to discuss the future of the economic development situation in the County.  Currently tourism and economic development is combined and there is also an Industrial Development Authority which is a seven member commission.  At the last meeting it was discussed if the County should have an Economic Development Authority or an Economic Development Commission.  The difference would be EDA would have all authority over the industrial property and the towns and county would have to fund it and it would basically take all the control from the Board of Supervisors.  The EDC would be an advisory board similar to the current IDA and would not need funding above purchasing land which in the past has been repaid to the County.  She believes the consensus was to stay with the EDC at this time.  Work on Town and County relations needs to continue.

Standing Committee Reports:

Public Safety Committee:  Town Manager Fauber said the RFPs for the facility needs assessment have been received and are being reviewed by the committee members.  He believes Vice Mayor Taylor is planning a meeting near the end of the month to discuss these. 

Council Member Terndrup said at some point it was discussed if Virginia law does require vehicles to stop at cross walks for pedestrians and what is the progress on this as far as signs, etc.  Chief Sutherly said the signs have been ordered. 

Personnel Committee:  Council Member Whittle said the committee met on August 29, 2007, with the following persons in attendance:  Council Members Le Vine, Mauck, Terndrup, and Whittle (chairperson), and Town Manager Fauber. 

The first item of business was interviewing Margaret Struder for the Recreation Advisory Board.

Council Member Whittle moved for the appointment of Margaret Struder for a four year term to the Recreation Advisory Committee.; second by Council Member Le Vine.

Discussion:

Council Member Mauck thinks Ms. Struder will be an asset as she is very active with children’s activities and has experience with grant writing.

The nomination was approved unanimously.

A Request for Proposals (RFP) has been sent out for a Salary Survey and Review of Personnel Policies.  To be included in the proposal:

1.      Conduct a salary survey to include surrounding counties, cities, and towns.

2.      Determine changes and make suggestions to the Town Pay Scale and Job Classifications for town employees

3.      Create job descriptions for all departments; Administration, Public Works, Public Safety, Water Treatment Plant and Wastewater Treatment Plant

4.      Review the Town’s fringe benefits and compare to other government agencies

5.      Review current Town Personnel Handbook and make recommendations for required and/or necessary additions/corrections

6.      Prepares a formal presentation to the Personnel Committee at a designated meeting to present their findings, research and suggestions. 

Also discussed at the meeting was the application and interview process for Boards and Commissions.  This will be an action item at the October Personnel Committee meeting.  The Town is looking into an application form and background checks will be conducted.  When a term expires, the person can re-apply, but may need to go through the application process again of filling out an application and interviewing.  This will be an open process for all.

Research is continuing on Town employee salaries.  Important dates to remember are:

1.      September 19 at 7:00: Executive Session with Town Manager Fauber

2.      September 26 at 7:30: Personnel Committee Meeting

3.      September 28 at 4:00: RFP due

Public Utilities Committee: did not meet

Recreation Committee:  Council Member Mauck reminded all of Oktoberfest on Saturday, October 6 and added Sunday in the Park will be held on October 7 and is sponsored by the Recreation Committee in conjunction with the Strasburg Chamber of Commerce and Hometown Strasburg.  There will be hayrides from 2:30 – 4:30 p.m. at the park and Music of Patsy Cline will be performed from 4 – 5 p.m.  This is free to the public.    

Finance Committee:  Council Member Le Vine reported the committee met on Monday, September 10.  Attending were: Mayor Tim Crisman; Council Members Don Le Vine, Carl Rinker, Sarah Mauck, and Scott Terndrup; Staff:  Town Manager Fauber, Director of Finance Mullins, and Planner Amos; Supervisors Sharon Baroncelli and Conrad Helsley; and public:  Lana Le Vine, Leon Smith, and Elizabeth Wilkerson (Northern Virginia Daily).

Discussed at the meeting was the Transient Occupancy Tax.  Council Member Le Vine provided background to the current Town policy and stated the current proposal is whether the Town should send 1/5th of the tax it collects to the County for tourism.  There are three issues revolving around this: 1) Is the Town receiving adequate return on its investment for tourism; 2) Is the Town receiving its ‘fair’ share of County investment for the revenue the Town provides the County; 3) How to improve the Town – County relationships.

Council Member Le Vine summarized the discussion held on the topic.  Everyone from the County and Town felt it important to improve Town – County relationships since together there is considerably more leverage and capability to resolving problems and preparing for the future than if we act separately.  The vote on whether to send 1/5th of the tax revenue to the County will be deferred until the Council’s October meeting.

Individual Comments:

            Conrad Helsley:  offered instances of the County directly supporting the Town:

1.       Bowman Mill Project:  the initial cost of $1M increased to $1.267M; rather than request the Town provide 50% of the additional cost (the agreement was to split cost equally between Town and County), the County provided the entire $267,000.

2.       Claytor Aiken property – the Town did not request proffers for the County but, rather, requested the developer extend the water/sewer line to the property.  The County did not insist on its proffer, thus forgoing considerable funds.

3.       Recycling – the County is prepared to add a second paper collection bin in Town and provide funds to maintain and empty it.

4.       Rescue Squad – since July 11, the County provided paid rescue squad workers to operate the Strasburg squad 24 hours a day; this will continue as long as the squad and fire department engage in good faith efforts to merge.

5.       Opportunity fund—the County is prepared to offer $50K to a (unnamed) corporation that will locate in the ‘golden triangle’ area.  The Governor will announce the corporation soon.  While not in the Town, this land will eventually be annexed and thus provide revenue to the Town.

6.       Sandy Hook Elementary – the next County elementary school will be in the Strasburg area.

Supervisor Baroncelli: summarized the tourism effort by the County.  The County spends about $172,000 each year; the County, as a whole, received about $135M last year from tourism.  Ms. Baroncelli feels tourism has become so large, that no individual locale has the resources to promote it individually.  Tourism has become regional (multi-county) and Strasburg simply does not have the funds to promote tourism by itself (Strasburg spends about $18K from its own budget; this is separate from the $12K that would be sent to the County if the proposal is passed).  We need cooperation between Town and County to get major leverage from our tourism funds.

Council Member Rinker -- feels the Town should ask merchants who benefit from tourism to provide funds to supplement the Town’s tourism effort.  He listed 8 sources of revenue the Town provides the County (property taxes, payment for inspections,).  He is for improving Town – County relationships but feels he cannot support the proposal until the Economic Development and Tourism functions are separated and until Ms Susie Hill is no longer involved in tourism

Council Member Terndrup – need to work together, tremendous leverage through synergism.  Feels County should provide a ‘brick and mortar’ manifestation of its commitment to the Town and that given the proximity of the national park and the multiple state and federal highways near Strasburg, a visitor center is the logical choice.

Council Member Mauck – feels the County could be more creative in developing its brochures; is not now in favor of the proposal unless the County provides some tangible symbol to improve relationships (what symbol was left to the County to decide).

Mayor Crisman – agrees with all previous comments; supports the proposal and feels the funds should go exclusively to tourism (vice economic development).  Is willing to take the first step and provide the funds with the belief the County is serious about improving relationships.  Is concerned how the Town will use the remaining (i.e. 4 of the 5%) funds.  He and Mrs. Mauck agreed over the next month to explore the possibilities since the Town’s tourism efforts are currently dormant.

Vice Mayor Taylor – (through an e-mail read by Council Member Le Vine) supported the proposal, declared the Town simply does not have the resources to promote tourism itself, and felt the issue of transient occupancy tax funds to the County should be kept separate from the larger issue of Town-County relationships.

Council Member Le Vine – summarized each speaker’s presentation after they completed their talk; will support the proposal because he believes it is vital to improve Town – County relationships and is willing to make the first good faith effort in the belief that the County will follow by improving our joint tourism effort, that better cooperation between the Town and County will follow and that the County intents to provide a more tangible symbol of the their support for Strasburg (he supported the idea of a visitor center).

Town Manager Fauber – felt we have an opportunity to improve relationships and should pursue it.

Mr. Helsley and Ms Baroncelli offered that the County is considering a tourism center and is actively investigating separating tourism and economic development.  No firm commitments were made.

The majority of the Council Members felt it best to defer the vote on the proposal one month to give the Mayor and Council Member Mauck time to explore the use of the funds received from the transient occupancy tax and to give the entire Council time to consider the implications of the vote.

Also discussed was the Tobacco Tax.  Council Member Le Vine mentioned the ordinance committee reviewed the ordinance, had only minor changes and requested a one-month delay in the vote to accommodate any comments that might be made to the finance committee by the public.

Council Member Le Vine summarized the issues:

v      Director of Finance Mullins and Planner Amos surveyed local jurisdictions; using the average of Purcellville and Mt Jackson as representative of Strasburg (i.e., Towns without big-box stores) and assuming a tax of 25 cents per pack, the projected revenue would be $135,000 per year

v      The cost to administer the tax by the Town is trivial (potentially $2500 the first year; considerably less thereafter since the stamp dye will have been made).  The burden lies on the merchants who must apply the stamps

v      An informal survey of jurisdictions indicated the cost of cigarettes was the same regardless of whether there was a local tax or not.  This implied (but does not guarantee that the tax might not increase the cost of cigarettes in Strasburg.  No merchant appeared at the public hearing and none appeared at the ordinance or finance committee meetings.  This might be interpreted as meaning the burden is not so great as to be significant.

v      The tax does not apply to everyone but since tax revenue is needed for next year, if this tax is not applied the real estate tax rate would have to be raised 3 cents to generate the same revenue.

v      According to Town Attorney Neal, the Town cannot ‘earmark’ the funds from this tax for a single purpose and no other but, of course, could create a line item(s) in its budget to apply a corresponding amount of funds for whatever purpose(s) it chooses.

There was no further discussion.

Ordinance Committee:  Council Member Terndrup said the committee also discussed the tobacco tax and he felt Council Member Le Vine had covered the issue well, but just made a general comment about taxation.  There has been a trend over taxation during the last decade.  Those running for federal office will say they are cutting taxes and they do, but localities get stuck with the bill because of tax cuts federally and in the state.  So, the question becomes, how do towns pay for very expensive State mandated water and sewer projects; how do towns keep pace with the expense of public safety when a community keeps growing; how do we maintain our current infrastructure that is in need of repair or replacement; offer a fair salary to dedicated Town employees while being ever mindful of tax increases to our citizens.  In this light, the tobacco tax seems like a fair and reasonable addition to our Town revenue.  He thinks this is a fair consensus of those attending the Ordinance Committee meeting. 

Council Member Terndrup then said the Ordinance Committee met on September 5, 2007 with the following people present:  Vice-Mayor Taylor, Ordinance Chair Terndrup, Council Member Le Vine, Planner Amos, Planning Commission Chairperson Smith, Mrs. Lana Le Vine, Mr.
Simmons, Ms. Pat Brown and Ms. Elizabeth Wilkerson from the NVD.  There were no action items before the committee.
Mr. Simmons, a town citizen, spoke to his concern about certain provisions with our fence ordinances.  Council Member Terndrup said his concerns hold substantial merit.  To address his concerns, Planner Amos will look into a state provision that allows local Zoning Administrators to make administrative exemptions for ordinances under specified conditions without going to the Board of Zoning Appeals.  The Ordinance Committee will address the need to specify exact setback requirements and height conditions that are needed to serve the twin public goals of public safety at intersections and the maintenance of a degree of curbside appeal.  Mr. Simmons was invited to join us for our October meeting
Following a request from the Public Safety Committee for an ordinance to require bicycle helmets for riders under 16, this committee proposes an ordinance for riders of bicycles, mopeds etc., of all ages the requirement to wear a helmet.  This proposal is forwarded back to Public Safety Committee from their comment.

Those present discussed the general issue of animal control.  1) There has been public concern about the number of animals, particularly dogs, kept in a residence.  One suggestion was to call
for a permit for any household wishing more than five dogs, and to classify it as a kennel with appropriate oversight.  2)  There is a growing concern about the appearance of dangerous dogs being walked, and secured by "invisible fences" that charge pedestrians as they walk on the sidewalks.  The potential abuse of these animals and threat to neighborhood children is well documented.  Planner Amos will speak to County animal control about our concerns to see what types of solutions can be had.

Planner Amos will speak with Town Attorney Neal regarding the implementation of spot blight abatement controls to specific property concerns within the Town.  We will discuss this more at the October meeting.

The discussion for a mixed use overlay zone for the downtown area will be presented to the Planning Commission for their consideration in comprehensive plan deliberations
The Planning Commission will bring a proposal to the Ordinance Committee regarding a streamlined process regarding preliminary and final plats.

Buildings and Grounds Committee: Council Member Wallace said her committee’s report was given by Planner Amos earlier in the meeting.

Streets Committee:  did not meet

Special Committee Reports:

Shenandoah Telephone Advisory:  Council Member Wallace said the group did not meet, but cable rates will be increasing.

Strasburg Heritage Association:  Council Member Whittle said there will be a membership meeting on Sunday, September 16, 2 p.m., at the St. Paul’s Lutheran Church. This is being called Strasburg Family Day and there will be the opportunity to share genealogy and history of the Town. 

Chamber of Commerce:  Clerk Keller reported the Chamber Board met the morning of September 11.  Mr. Morrie Crocker, Wayside Theatre, gave a short presentation on how the theatre can be used as an asset for surrounding areas.  The theatre is currently undergoing renovations, but productions are being held at the Royal Phoenix in Front Royal.  It is hoped this will become a second venue for Wayside Theatre.

The Chamber is still pursuing the possibility of moving back to the downtown area.  Several properties have been looked at.  Hometown Strasburg is asking local businesses for letters of support for the VDOT grant they are applying for.  Oktoberfest and the Business Expo will be held on October 6.  A schedule will be posted on the Town’s website soon.  New this year for the Christmas celebration will be the “House of the Christmas Mouse” which will be held at the Strasburg Presbyterian Church.  There will be many children’s activities taking place at the church. 

Hometown Strasburg:  Mrs. Carla Wallen said they are gathering information for the VDOT grant and Ms. Struder is doing a great job working on this.  A public hearing will be held at 7 p.m. on October 9.

The group delivered 22 Welcome Baskets for August and September.  Linda Carver said approximately 90 baskets have been delivered since this program started in April.

Historic district signs and sign holders have been installed.  Conly Crabill designed the black wrought iron holder.

The Town flag is being worked on and the group is just waiting on the final art proof from the company making the flag.  They are in hopes of having the flags within a month.   

The group’s latest, newest project is one presented to them by Mr. Dave Falkenstein and it is the creation of a Town license plate.  The Town will need to receive 350 applications plus the $10 fee before the plates will be made.  Hometown would like to be able to use the flag on the plates and asked Council for permission to do so; all Council Members were in favor of this.  Mrs. Wallen asked if the applications and fees could be turned in to Clerk Keller.  Mayor Crisman asked Town Attorney Neal about the legalities of this and Mr. Neal said as long as the checks were made out to DMV, there shouldn’t be a problem. 

Old Business:  Council Member Terndrup said Monday, September 24, 2007, will be the date for the Public Forum.  It was decided to begin the Forum at 7:00 p.m.  Recommendations for the format of this should be given to either Mayor Crisman or Council Member Terndrup.

New Business:

Committee Dates:

Public Safety Committee                        Thursday, Sept. 27, 2008            8:00 p.m.                                                          

Personnel Committee                             Wednesday, Sept. 19, 2007        7:00 p.m.                                                                                  
                                                             Wednesday, Sept. 26, 2007        7:30 p.m.

Public Utilities Committee                      Thursday, Oct. 4, 2007               7:30 p.m.                      

Recreation Committee                           Thursday, Oct. 11, 2007             6:30 p.m.                      

Finance Committee                                Tuesday, Oct. 3, 2007                7:15 p.m.

Ordinance Committee                            Monday, Oct. 1, 2007                7:00 p.m.                      

Streets  Committee                                Wednesday, Oct. 10, 2007         7:30 p.m.

Other Dates to Remember:

Strasburg Rescue Squad Recruitment Day          Sat., Sept. 15, 2007        3:00 p.m. – 8:00 p.m.

Massanutten Manor 25th Anniversary Picnic       Thurs., Sept. 20, 2007    12 noon

Chamber Mixer                                                 Thurs., Sept. 20, 2007    5:00 p.m. – 7:00 p.m.
                       Allstate Insurance Office

Public Forum                                                  Mon., Sept. 24, 2007  7:00 p.m.
     (Postponed after the Council meeting due to public notification issues.  New date will be announced soon).

Town & County Dinner                                     Wed., Oct. 3, 2007        6:30 p.m. social
       Toms Brook Fire Department                                                         7:00 p.m. dinner  

Hometown Strasburg                                         Thurs., Oct. 4, 2007       7:00 p.m.

Oktoberfest                                                       Sat., Oct. 6, 2007           2:00 p.m. – 9:00 p.m.

Sunday-in-the-Park                                            Sun., Oct. 7, 2007          1:00 p.m. – 5:00 p.m.

Council/Staff Retreat                                      Sat., Oct. 13, 2007      9:00 a.m. – 1:00 p.m.
                  Belle Grove Plantation, Middletown, VA      

Town Attorney Neal, in regards to the police matter, said he has talked to Council Members who handle this type of item and he has also discussed this with Police Chief Sutherly and it is being addressed.

Being no further business, the meeting adjourned at 9:43 p.m.