COUNCIL MEETING MINUTES AUGUST 10, 2010 - DRAFT
REGULAR COUNCIL MEETING AUGUST 10, 2010
The Edinburg Town Council met in regular session on August 10, 2010. Mayor Harshman called the meeting to order at 7:30 p.m. All Council Members were present with the exception of Councilwoman Wymer and Councilman Carver. Town Attorney, Kevin Black was also present. Visitors included: Town Police Chief, Michael Clem and Town Maintenance Supervisor, Ron Ross.
Councilman Hite stated that he had three recommended corrections to the July 13, 2010 minutes. On page four, paragraph four, third sentence, an “e” should be added to the word “Route”. On page four, paragraph five, at the end of the last sentence, “subject to the ARB modifications” should be added. On page six, paragraph four, he also suggested that “unanimously” be added after “motion carried”, to demonstrate the Council’s solidarity for the Resolution. A motion was made by Councilman Wood and seconded by Councilman Beachy to approve the minutes of July 13, 2010 with the three corrections. Motion carried.
The Treasurer’s report was reviewed. A motion was made by Councilman Wood and seconded by Councilman Beachy to approve the Treasurer’s Report and to pay all the bills as presented. Motion carried.
The Water and Sewer Committee had no report. Mr. Harshman reported that there was a leak yesterday that caused the Town to have to dig up some of Route 11.
Mr. Harshman also reported that the owners of the condominium at 4066 Rose Bud Court are requesting a refund of water and sewer bills paid since December 2008. The owners rent out this property and the last tenant moved out in 2008. At that time, the owners requested that the water service be put in their name and left on to allow for cleaning. The owners were supposed to contact the Town Office to inform us that they had finished cleaning and have the water service turned off until they rented the condo out again. Mr. Harshman also reported that our records do not show that the owners ever contacted the Town about turning off the water and the Town continued to bill them for service. The bills were not questioned by the owners and have been paid every month since December 2008. As far as we know, the condo has been vacant since December 2008 and the water meter shows no usage.
Mr. Harshman reported that in July 2010, the owner contacted the Town Office to have the water service turned on. Town Maintenance checked the meter and found that it had never been turned off and reported this to the Town Office. The owner has now realized that they have been paying the water bill for the past nineteen months and are requesting a refund. Mr. Harshman has brought this to the Council’s attention because the Town Ordinance requires that a minimum water, sewer and trash bill be paid if water service is on. The Town Office maintains a file of work orders, and there is no copy of an order requesting that the water service be turned off. Maintenance Supervisor, Ron Ross also checked to see if there was anything in the maintenance log that was not included in the Town Office files. He did not find anything. Council wondered why they didn’t contact the Town before now. A motion was made by Councilman Dellinger and seconded by Councilman Beachy to not give the owners of 4066 Rose Bud Court a refund of water and sewer bills paid since December 2008. Motion carried.
Mr. Harshman reported that the rebuilt blower on the digester at the WWTP has been installed. The Town is investigating the possibility of running both blowers at the same time to increase air flow to the digester. EEMA feels that this would improve the digester operation during slower drying times of the year. Mr. Harshman also reported that the Town is still waiting on a part for Filter #3 at the WTP. It has remained off-line but there have not been any problems keeping up with water demand.
Mr. Harshman also reported that the sewer pump stations at Edinburg Manor and Massanutten View each have a pump down. These have been pulled and sent out to be rebuilt. Each pump station has two pumps, so everything is ok as long as the second pump continues to operate properly.
Mr. Harshman also reported that Lantz Construction has completed the replacement of the skylights in the WWTP lab building. The plastic domes were damaged by the snow last year and the repair was covered by the Town’s insurance.
The Street Committee had no report. Mr. Harshman reported that there are patches on many of the streets in Town. VDOT did this work in preparation for surface treating the streets. Mr. Harshman reported that the Town is not sure if VDOT plans to tar and chip all of the streets or to just put on a slurry sealer. Either way, it will help protect the road surfaces.
The Ordinance Committee had no report. Mr. Harshman reported that his review of the Town Code brought up a question as to whether the Town can actually ask Parks and Recreation to remove the information sign. In Section 175-17 Signs, it states that the following signs shall be permitted in all zoning districts: Official traffic signs and other official federal, state, county or town government signs of any size and type. Councilman Hite stated that the sign was not on Parks and Recreation property. Mr. Harshman stated that the sign is actually on a VDOT right-of-way, but that it is an official County sign. Councilman Hite stated that he still thought that Parks and Recreation should be asked to take the sign down. Councilman Hite made a motion to have Parks and Recreation remove the sign. There was no second, which killed the motion.
Councilman Dellinger asked if Mr. Harshman had talked to Parks and Recreation about dressing up the sign. Mr. Harshman stated that he had not spoken to them about that yet. Councilman Hite wanted to make it clear that he supported Parks and Recreation endeavors and that his family uses Parks and Recreation programs regularly. He just thinks that type of sign is not appropriate and does not look good in the Historic District and that it is not the right place to have it. Mr. Harshman stated that when the sign was discussed, he thought that it was temporary. Town Attorney Black will review the Sign Ordinance.
The Personnel Committee had no report.
The Finance Committee had no report. Mr. Harshman reported that the Town is trying to coordinate a date with Mary Earhart to complete the internal audit work that needs to be done in preparation for the annual audit of the year that ended June 30, 2010. The Town hopes to get this work completed earlier this year in the hope that the annual audit will not be as late as last year.
Health & Safety Committee Chairman, Councilman Wood thanked Chief Clem for a good report and was glad to see that the Neighborhood Watch Program is doing well. Councilman Wood also thanked the Police Department for their service during the Summer Concert at the Park and the Fireman’s Parade and Carnival.
The Property Committee had no report.
The Cemetery Committee had no report. Mr. Harshman reported that there are metal pins that mark off certain areas at the cemetery that keep getting pushed too far down into the ground. The Town Maintenance Department has to borrow a magnetic locater from the Town of Mt. Jackson to locate these pins. Mr. Ross asked Mr. Harshman if the Town could purchase their own magnetic locater and case from HD Supply at a cost of $763.67. A motion was made by Councilman Dellinger and seconded by Councilman Wood to purchase the magnetic locater. Motion carried. Mr. Ross will order the locater.
Park Committee Chairman, Councilman Wood gave thanks for the warm weather and reported that there have been lots of pool parties and pool users. Mr. Harshman reported that the Town has received $945 so far in memorial gifts for John Thompson. The family is also talking about planting a tree in the Park in Mr. Thompson’s memory.
The Insurance Committee had no report. Mr. Harshman reported that Steve Custer has been hired to do the repairs on the gutters at the Town Hall and the Edinburg Mill.
Mr. Harshman reported that the Town has been paying for two ads during the Ole Time Festival in past years. One ad is in the wrapper that the Northern Virginia Daily does at a cost of $125, and a second ad is one that the Town splits with the Edinburg Heritage Foundation on the back cover of the Festival Journal. The Town’s portion of the ad was $177.50 last year. A motion was made by Councilman Beachy and seconded by Councilman Dellinger to do both ads again this year. Motion carried.
Mr. Harshman asked Council if a Resolution should be done for Stanley Getz, which was brought up at last month’s meeting by Mary Ann Williamson. Council thought that a Resolution should be done for Mr. Getz, who has done much for the Town. Mr. Harshman will work on this Resolution.
Mr. Harshman reported that Mastercraft Carpets of Woodstock is scheduled to install tile floors in a number of areas in the Mill later this month. The shaft for a dumbwaiter has been built in one corner of the new kitchen that will be used to move food and dishes between the two floors. Mr. Harshman hopes to be able to give tours through the entire building during the Ole Time Festival and to begin the search for tenants in the various retail spaces that will be for rent in the Mill.
Mr. Harshman reported that his presentation about the Mill Project to the Mt. Jackson-Edinburg Rotary on July 27th went well. Mr. Harshman hopes to schedule a work day with the group to assemble chairs for the theater at the Mill.
Mr. Harshman also reported that the “Shenandoah Valley Paranormal Society” visited the Edinburg Mill in search of Frankie Hottle’s ghost. Mr. Harshman has not received an official report, but he did hear that there was only limited activity identified by the group.
Mr. Harshman reported that the Historic Courthouse Task Force is meeting tonight to hear about Department of Historic Resources Historic Tax Credits and how they might benefit the project.
Mr. Harshman reported that his meeting with the Department of Historic Resources to inspect the Edinburg Mill project went well. The DHR Easement Technical Advisor was very impressed with the project and the progress so far. Mr. Harshman will be receiving a written report of DHR’s visit for review and he will provide Council with copies.
Mr. Harshman also reported that he attended the Water Supply Technical Advisory Committee meeting. The Draft Drought Response Plan and Draft Future Water Demand sections of the Regional Plan have been submitted to DEQ for review. Mr. Harshman will be working on determining what Edinburg’s local triggers will be for implementing drought stages using the water levels in the Town’s wells. The Town will also need to agree to implement the actions set by the final plan and establish how drought response actions will be enforced.
Mr. Harshman reported that he also attended the July Travel Council Meeting. This was the Travel Council’s organizational meeting for the New Year that started on July 1st. It was decided that the same individuals would serve as officers with Chad Neese from New Market as Chairman and Sally Montrey from Bryce Resort serving as Vice Chair. Mr. Harshman reported that they also learned that his term on the Travel Council and that of Betty Luse from Widow Kip’s Country Inn expired on June 30, 2010. Mr. Harshman and Ms. Luse have both served three terms which is the limit set in the Travel Council’s By-Laws. The Travel Council is interested in approaching the Board of Supervisors about eliminating term restriction and has asked Mr. Harshman and Ms. Luse to continue serving until this is decided. If the term limit stands, or the Town Council would like a change, the Town will need to find another representative for Edinburg. Mr. Harshman reported that the concern the Travel Council has about the appointee is his or her ability to attend the monthly meetings, which begin at noon and take part in the discussions and decisions that need to be made. Mr. Harshman asked Council if they were interested in looking for a new representative or if the Town should wait to see about the elimination of the term limits. Council agreed to wait to see about the elimination of the term limits. Mr. Harshman also reported that he will be manning the Tourism Booth again this year for one night at the Shenandoah County Fair.
Mr. Harshman reported that the Town has not heard anything more about Edinburg Square from VDOT or from the Bank.
Mr. Harshman also reported that he provided Council with copies of two letters that were received that address Council’s actions last month as to his continuing to manage the Town. Mr. Harshman has also received a number of phone calls and has had conversations with a number of Town residents which have all been positive and in support of Council’s actions. Councilman Wood suggested the two letters be attached to the minutes. Councilman Hite asked if anything needed to be done with the Town Manager’s contract. Town Attorney Black stated that next month, something should be put in writing, such as a mutual agreement to cancel the Town Manager’s contract.
Mr. Harshman reported that the ARB did not meet this month.
Mr. Harshman reported that there was no Planning Commission meeting last month, but they will be meeting next week.
Councilman Wood asked Council to appoint Harris Thompson to finish his father, John Thompson’s term on the Planning Commission, pending Harris’s agreement to serve. A motion was made by Councilman Wood and seconded by Councilman Dellinger to approve appointing Harris Thompson to finish his father’s term on the Planning Commission. Motion carried. Councilman Wood also reminded Council that the Planning Commission also needs one more member and to keep that in mind.
The Zoning Administrator had no report.
Mr. Harshman reported that there were several changes to the Edinburg Small Purchase Procedures. Mr. Harshman is proposing that Council add the Maintenance Supervisor or his designee and the Mayor to the Small Purchase Procedures to allow for the normal day to day purchases that will require approval. Mr. Harshman did not remove Town Manager from the guidelines so that Council will not need to amend it again if the situation changes. Council approved the addition of the Maintenance Supervisor previously for purchases of $500 or less. A motion was made by Councilman Wood and seconded by Councilman Dellinger to approve the changes to the Edinburg Small Purchase Procedures. Motion carried. Recorded vote as follows: Hite-aye, Dellinger-aye, Beachy-aye, Wymer-absent, Carver-absent, Wood-aye, Harshman-aye.
Mr. Harshman also reported that there were several proposed changes to Chapter 4, Article I, Mayor of the Town Code. The Section 4-1 change adds that the Mayor “shall perform all duties authorized by the Town Council during his term as Mayor”. The Section 4-4 change authorizes the Mayor to contract debt or liability for the Town within the guidelines of the Small Purchase Procedures. Town Clerk, Mary Embrey read the first reading of the Chapter 4 amendment. Mr. Harshman stated that there will be a Public Hearing before the next Council meeting at 7:15 p.m.
Mr. Harshman reported that Carmella Kirsch-Maggio, who is planning to open a café’/deli/sports bar at 102 South Main Street, made a request to the Town to be able to serve wine and beer on an outside deck in front of the building. Councilman Beachy asked if Ms. Kirsch-Maggio had a Virginia Liquor License yet. Mr. Harshman stated that this was the last step for Ms. Kirsch-Maggio to get the License. Councilman Beachy stated that he had no problem with it, although someone else such as Our Garden of Eden may want to do the same thing. He also stated that he thought the railing would give sufficient privacy. Councilman Hite asked what the hours of operations for the café/deli/sports bar would be. Mr. Harshman stated that he didn’t know, but there is nothing in the Town Code that limits hours for restaurants. Councilman Hite asked if the Town could restrict the hours that alcohol was sold on the outside deck. Councilman Hite also stated that there were children, senior residents and a teenager living close to the café and wondered how the outdoor drinking would affect these residents. He was also concerned about the possible noise causing complaints.
Councilman Wood suggested that the alcohol should be served inside first. He is also concerned about the drinking of alcohol being so close to Main Street. Councilman Beachy stated that the Town has the same problem on many private porches on Main Street. Chief Clem stated that would be classified as “drinking in public”. Mr. Harshman stated that Sal’s cannot serve alcohol to people waiting on the benches in front of the restaurant. Mr. Harshman stated that Ms. Kirsch-Maggio’s restaurant could still have a beer and wine license, without serving beer and wine outside. Mr. Harshman also stated that Council could give it twelve months or so to see how the business was operated. Councilman Wood also suggested having Ms. Kirsch-Maggio wait until she has operated for twelve months and then come back to request approval to serve alcohol outside. Council agreed.
Mr. Harshman asked if anyone had anything further to discuss. Councilman Beachy asked if there was anyone doing community service for the Town that could do some brush cut down and clean up the Mill property on Massie Farm Lane. Mr. Harshman stated that a person must be a certain age to do certain tasks for the Town. Councilman Dellinger stated that he has some adults that need to work off fines that he could send to Maintenance Supervisor, Ron Ross to do community service.
Councilman Wood reminded everyone of the Yard Crawl on Friday, August 13th and Saturday, August 14th.
Mr. Harshman reported that he has not seen any geese around the cemetery or the Mill lately.
With no further business, a motion was made by Councilman Beachy and seconded by Councilman Dellinger to adjourn the meeting. The meeting was adjourned at 8:25 p.m.
The Town Attorney had no report.