REGULAR COUNCIL MEETING JUNE 9, 2009

The Edinburg Town Council met for a Public Hearing on Tuesday, June 9, 2009.  Mayor Harshman called the Public Hearing to order at 7:15 p.m.  All Council Members with the exception of Councilman Dellinger were present. 

The purpose of the Public Hearing was to receive public comment on a request for a Special Use Permit to construct a deck on the rear of a Townhouse at Madison Village.

There was no public comment.  A motion to adjourn the Public Hearing was made by Councilman Beachy and seconded by Councilman Hite.  Motion carried.

The Edinburg Town Council met in regular session on Tuesday, June 9, 2009.  Mayor Harshman called the meeting to order at 7:30 p.m.  All Council Members were present with the exception of Councilman Dellinger.  Also in attendance were Kevin Black, Town Attorney and Ronald Ross, Maintenance Supervisor.  Visitors included:  Claude Rush, Mike & Pam Clem and Erin Carver.

Councilman Hite stated that on page two, paragraph six, sentence three of the May 12, 2009 minutes that the “the” should be removed between “to” and “200”.  Councilman Hite also stated that on page two, paragraph seven, sentence three, the last word of the sentence should be “properly” instead of “property”.   Councilman Hite also stated that on page four, paragraph two, and sentence two that “of” should be added in between “month” and “May”.  He also stated that on page four, paragraph five, sentence four, the semicolon after “Ron Ross” should be replaced with a comma.  Councilman Hite also stated that on page four, paragraph six, and sentence five that after “digging charge” it should be added that the charge would be increasing from $500 to $550.  A motion was made by Councilman Beachy and seconded by Councilman Wood to approve the minutes of May 12, 2009 with the corrections.  Motion carried.

The Treasurer’s report was reviewed.  A motion was made by Councilman Beachy and seconded by Councilman Wood to approve the Treasurer’s Report and to pay all the bills as presented.  Motion carried. 

The Water and Sewer Committee had no report.  Mayor Harshman reported that he and Ron Ross, Maintenance Supervisor met with Karl Schaeffer from PHR&A to determine if all the issues have been properly addressed at the Massanutten View Pump Station.  The Mayor reported that a number of items were found to be unfinished and the Mayor has asked Mr. Schaeffer to respond to Mr. Racey’s engineer to have these items corrected.

Mayor Harshman reported that the rebuild kit for the check valve at the WTP has come in.  The repair work has not yet been completed and might not happen this month due to a health problem with Kim DeFeo, the plant operator.  Ms. DeFeo will be out for approximately two weeks.  If EEMA can send a tech to complete the rebuild before Ms. DeFeo returns, the Town will assist them with the work.

Mayor Harshman also reported that the bearings have not yet arrived for the rotating biological contactor unit (RBC).  We are continuing to get by with one unit, however, the Town did violate DEQ limits for two days during the past month because of the breakdown.  The Town notified DEQ of the problem and EEMA has sent the required response.  We aren’t sure what, if any, action that DEQ might take.  Adjustments have been made to hopefully eliminate any additional violations while the RBC unit is out of service.

The Street Committee had no report.  Mayor Harshman reported that VDOT will be taking down the large tree located on the Hutcheson property on North Main Street.  VDOT has determined that three trunks of the tree are not stable enough to allow them to stand.  Mr. Hutcheson had hoped to keep at least two of the trunks.  If so, VDOT would have to trim everything back at the curb which would look very unappealing.  Visually, this is going to have a real impact on that end of Main Street.  The Mayor has asked VDOT to provide information on what types of trees would be suitable to replace the ones being taken down.  Mr. Hutcheson is interested in planting something there to replace the tree and also seeing if others along Main Street would consider planting new trees in available spaces.        

The Ordinance Committee had no report.  Mayor Harshman reported last month that Mary Ann Williamson and Bill Smith had contacted the Town Office to say they were interested in serving on the ARB.  Mayor Harshman asked if anyone had any more names to be considered to fill the vacant spot on the ARB.  No one had any more names to add.  Mayor Harshman suggested that the ARB interview these individuals at their next meeting and make a recommendation to the Council at the July meeting.  Council agreed. 

The Personnel Committee had no report. 

The Finance Committee had no report.

Councilman Wood, Chairman of the Health & Safety Committee called attention to the police report.  Councilman Wood thanked the Sheriff’s Department for their help in backing up the Police Department when necessary.  Mayor Harshman reported that Chief Clem would like to apply for a grant to purchase bulletproof vest for his two officers.  Neither of the officers currently have vests.  The grant will pay up to 50% of the cost.  The remaining funds would have to come from next year’s budget.  A motion was made by Councilman Wood and seconded by Councilman Beachy to approve the purchase of the two bulletproof vests if the Police Department receives the grant they are applying for.  Motion carried.      
 

The Property Committee had no report.  Mayor Harshman reported that the painting of the trim on the front of Town Hall has finally been completed.  The cost increased from $600 to $1,100 due to repair work and wood replacement that was needed.  This is still within the repair funds the Town received for the damage to the front of the building.

Mayor Harshman also reported that Ron Ross informed him that the Cub Cadet mower is on its last leg.  The Town will need to start shopping around for a new mower.  The Town has had the Cub Cadet for approximately seven years.  The cost of the mower seven years ago was around $3,000.  The Mayor stated that this purchase can be made through the small purchase process.

The Cemetery Committee had no report. 

Councilman Wood, Chairman of the Park Committee thanked Councilwoman Wymer and her staff at the pool and the Town Maintenance Crew for doing such a great job with the park and pool. 

Mayor Harshman reported that a new tennis light switch was ordered for the tennis courts.  This switch will be installed with the help of an electrician.  

The Insurance Committee had no report.  Mayor Harshman reported that he went to Richmond to accept the VML Risk Management Performance Award for the Town.  The award recognizes Edinburg’s proactive attitude and commitment to risk management, our loss claim record and quick reporting time when we do have an accident or loss.  Edinburg was also evaluated on their participation in VML training and safety programs, cooperation with the VA Municipal Liability Program’s objectives and the Town’s individual risk management programs. 

Councilman Hite inquired as to whether or not there were any other stimulus funds available that might be used to complete the water pump station.  Mayor Harshman reported that the NSVRC is always keeping an eye out for any available funds for the Town and they will let us know of anything that becomes available that the town could apply for. 

The Town Manager reported that the Edinburg Tigers have won their first three games but he has not heard what the outcome of the fourth game was.  So far, none of the local newspapers have covered any of the games.  Mr. Troncoso and his son stopped by the Mayor’s house last weekend to invite the Council to their games again.  They said that the attendance has been very low at their games.  There is an all-star game on June 14^th in New Market and the Tigers next game is on June 21^st at 11:00 a.m.

The Town Manager also reported that work continues at the Mill with the construction of the new porch roof on the right side of the front of the building.  This area is also where the Edinburg Sentinel Printing Press will be displayed.  The Edinburg Heritage Foundation is donating $12,500 to the Mill project.  Since we were not successful in getting grant funds from the Shenandoah Community Foundation, these funds will be used to complete the 3D maps that will go in the Museum. 

The Town Manager also reported that he and Chief Clem have reviewed a new Mutual Aid Agreement to replace the one Edinburg has with the other Law Enforcement Departments in the County.  The Town entered into this agreement back in 1998.  The Town has asked Town Attorney Kevin Black to review the agreement also.  The Town Manager explained the agreement for those who might not know what it is.  This Agreement sets the guidelines by which the Police Department can assist, and request assistance from other departments in the County.  A motion was made by Councilman Hite and seconded by Councilman Beachy authorizing the Mayor and Chief of Police to sign the Mutual Aid Agreement if the Town Attorney thinks the Agreement is acceptable.  Motion carried.

The Town Manager supplied the Council with a copy of the latest correspondence between Attorney Robert Mitchell and Attorney Brad Pollack about the Town’s attempt to resolve the subdivision problem in Massanutten Heights Subdivision.  Hopefully, the Town will soon hear something positive about the situation.

The Town Manager reported that Siemens has agreed to making the Town’s warranty period on the water treatment plant start on January 1, 2009 and run until January 1, 2010.  Originally, Siemens was basing the twelve month warranty on a start up date of October 17, 2008.  This extension is predicated on the final payment for the Project being made before the end of June 2009.  Karl Schaeffer, PHR&A’s engineer for the Town is checking to see if any reimbursements due the Town are outstanding.  Once the Town Manager hears from Mr. Schaeffer, he will ask the Town Treasurer to issue a check for the final payment. 

The Town Manager stated that Pete Lau from EEMA asked that we give some thought to “Christmas in July” for this year.  The Town Manager suggested maybe we try Joe’s Steakhouse in Woodstock this year instead of Dan’s Steakhouse in Luray. 

The Mayor reported that the Planning Commission met on May 19^th and recommended approval for Derek Hartwig’s Special Use Permit application to construct a deck on the rear of a Townhouse at Madison Village. 

The Zoning Administrator’s report showed that three permits were issued:

1.  Derek Hartwig

     212 Kadies Lane

     Deck

2.  Russell Winner
     100 Kadies Lane
     Fence

3.  Jennifer & Jon Foltz

     264 Massanutten Drive

     Deck

The Town Attorney had no report. 

Mayor Harshman reported that All Pro Courts gave the Town a quote to refurbish the two tennis courts at the park.  The total price would be $11,800.  The Mayor thinks this price is too high and the Town really can’t afford to have the work done right now.  Council agreed.    

Mayor Harshman asked Council to consider the approval of the request for a Special Use Permit from Derek Hartwig of 212 Kadies Lane to construct a 12’x 12’ deck on the rear of his Townhouse in Madison Village.   A motion was made by Councilman Wood and seconded by Councilman Beachy to approve Mr. Hartwig’s request for a Special use Permit.  Motion carried. 

Mayor Harshman asked Council if they wanted to make any changes to any of the Council Committees or changes to the Vice Mayor position for the period of July 1, 2009 to June 30, 2010.  Council did not have any changes to make.

A motion was made by Councilman Wood to retire to Closed Session to interview and discuss the applicants being considered for the vacant Town Council position; as permitted by 2.2-3707 and 2.2-3711, seconded by Councilman Beachy.  Motion carried.

The Town Council reconvened the regular meeting with a motion by Councilman Wood, seconded by Councilman Beachy.  Motion carried. 

A motion was made by Councilman Hite and seconded by Councilwoman Wymer that the only discussion in Closed Session was to interview and discuss the applicants being considered for the Town Council; as permitted by 2.2-3707 and 2.2-3711.  Motion carried.

A motion was made by Councilman Wood and seconded by Councilman Beachy to nominate Ms. Erin Carver and Mr. Claude Rush as candidates for the vacant Town Council position.  Motion carried.

A written vote was submitted by each Council Member to Town Clerk Mary Embrey.  Ms. Embrey declared that Erin Carver received the majority of the votes. 

A motion was made by Councilman Hite and seconded by Councilman Wood to appoint Ms. Erin Carver as the new Council Member to complete the unexpired term of Eloise Haun.  Motion carried.

Mayor Harshman thanked Mr. Claude Rush for applying for the open Council position and taking the time to come to the meeting.  Mayor Harshman stated that Ms. Carver would need to go to the Circuit Court Clerk’s Office to be sworn in as a new Council Member.  Town Clerk Mary Embrey will notify the Clerk’s Office that Ms. Carver was appointed to the Town Council. 

With no further business, a motion was made by Councilman Beachy and seconded by Councilman Hite to adjourn the meeting.  The meeting was adjourned at 8:50 p.m.