Depot Dazed

According to the State Code: found on LIS (see below) terms of existing Town Council Members or Mayor are not to be shortened except as noted in Section D below which states:

This shortening of some people’s terms (those who were elected in May of 2008) will mean that those people will need to run again and be elected in the November election.
There is one apparent hitch in this ‘get-along’ in that the shortening is restricted to 6 months. Given that the Town of Christiansburg elected officials don’t take office until September (rather than in July as other jurisdictions do) it appears there will need to be some overlap.

Is it possible that for a 2 month period we could have more than 6 Town Council Members? Suppose the 3 incumbents ran in November and were defeated, could we possibly have a situation where for 2 months we would have 9 Town Council Members?

What a mess? Well, the Town of Christiansburg set their starting dates in September while State Code says they state in July (§ 24.2-222. Election and terms of mayor and council for cities and towns. Apparently, this date was established in the 1954 Charter for the Town of Christiansburg. Since one of those council members affected has put forth that he will be seeking legal recourse to the shortening of his term, it may be that things will get interesting…again.

(Town Council Videos of this meeting should be available later today at myvaresouces.com.)
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§ 24.2-222.1. Alternative election of mayor and council at November general election in cities and towns.

A. Notwithstanding the provisions of § 24.2-222, the council of a city or town may provide by ordinance that the mayor, if an elected mayor is provided for by charter, and council shall be elected at the November general election date of any cycle as designated in the ordinance, for terms to commence January 1. No such ordinance shall be adopted between January 1 and the May general election date of the year in which city or town elections regularly are scheduled to be held therein.

B. Alternatively, the registered voters of a city or town may file a petition with the circuit court of the city or of the county within which the town is located asking that a referendum be held on the question of whether the city or town should elect the mayor, if an elected mayor is provided for by charter, and council members at the November general election date of any cycle as designated in the petition. The petition shall be signed by registered voters equal in number to at least ten percent of the number registered in the city or town on the January 1 preceding the filing.

The court, pursuant to § 24.2-684, shall order the election officials on a day fixed in the order to conduct a referendum on the question, provided that no such referendum shall be scheduled between January 1 and the May general election date of the year in which city or town elections regularly are scheduled to be held therein. The clerk of the court shall publish notice of the referendum once a week for the three consecutive weeks prior to the referendum in a newspaper having general circulation in the city or town, and shall post a copy of the notice at the door of the courthouse of the city or county within which the town is located. The question on the ballot shall be:

“Shall the (city or town) change the election date of the mayor (if so provided by charter) and members of council from the May general election to the November general election (in even-numbered or odd-numbered years or as otherwise designated in the petition)?”

If members of the school board in the city or town are elected by the voters, the ballot question also shall state that the change in election date applies to the election of school board members.

The referendum shall be held and the results certified as provided in § 24.2-684. If a majority of the voters voting in the referendum vote in favor of the change, the mayor and council thereafter shall be elected at the November general election date for terms to commence January 1.

C. Except as provided in subsection D, no term of a mayor or member of council shall be shortened in implementing the change to the November election date. Mayors and members of council who were elected at a May general election and whose terms are to expire as of June 30 shall continue in office until their successors have been elected at the November general election and have been qualified to serve.

D. In any city or town that elects its council biennially or quadrennially and that changes to the November general election date in odd-numbered years from the May general election date in even-numbered years, mayors and members of council who were elected at a May general election shall have their term of office shortened by six months but shall continue in office until their successors have been elected at the November general election and have been qualified to serve.

(2000, c. 1045; 2002, c. 30.)

This is just one small part of the Comprehensive Plan section of the State Codes. Note the use of the word future. How closely does the Town of Christiansburg come to meeting these criteria? (That has been the topic of multiple previous blogs and will be the catalyst for many more in the future.)

(sections from § 15.2-2223. Comprehensive plan to be prepared and adopted; scope and purpose.)

In the preparation of a comprehensive plan, the commission shall make careful and comprehensive surveys and studies of the existing conditions and trends of growth, and of the probable future requirements of its territory and inhabitants. The comprehensive plan shall be made with the purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the territory which will, in accordance with present and probable future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and general welfare of the inhabitants, including the elderly and persons with disabilities.

The plan, with the accompanying maps, plats, charts, and descriptive matter, shall show the locality’s long-range recommendations for the general development of the territory covered by the plan. It may include, but need not be limited to:

1. The designation of areas for various types of public and private development and use, such as different kinds of residential, including age-restricted, housing; business; industrial; agricultural; mineral resources; conservation; active and passive recreation; public service; flood plain and drainage; and other areas;

2. The designation of a system of community service facilities such as parks, sports playing fields, forests, schools, playgrounds, public buildings and institutions, hospitals, nursing homes, assisted living facilities, community centers, waterworks, sewage disposal or waste disposal areas, and the like;

3. The designation of historical areas and areas for urban renewal or other treatment;

4. The designation of areas for the implementation of reasonable ground water protection measures;

5. A capital improvements program, a subdivision ordinance, a zoning ordinance and zoning district maps, mineral resource district maps and agricultural and forestal district maps, where applicable;

6. The location of existing or proposed recycling centers;

7. The location of military bases, military installations, and military airports and their adjacent safety areas; and

8. The designation of corridors or routes for electric transmission lines of 150 kilovolts or more.

The plan shall include: the designation of areas and implementation of measures for the construction, rehabilitation and maintenance of affordable housing, which is sufficient to meet the current and future needs of residents of all levels of income in the locality while considering the current and future needs of the planning district within which the locality is situated.

The Christiansburg Comprehensive Plan was adopted in 2003, reviewed and readopted without change in 2007, and will not be up for full rewrite until 2013. The Town Council has the right to request a full review and update anytime it sees fit. There may be some resistance to doing that because there is now a State Statute that required that any changes in the Comprehensive Plan or any new versions of the Comprehensive Plan MUST be submitted to VDOT for approval. This means there would be some eyes outside of Town Government that would be taking a close look at traffic issues and where problems need to be addressed. (See: 15.2-2222.1. Coordination of state and local transportation planning.)

This might be a good issue to bring up with those candidates who will be running for Town Council in the next election. Yep! Definitely sounds like a campaign issue to me.

Recently, there has been a bit of discussion on the laws concerning conflict of interests. This topic is covered in the Virginia State Codes as the “State and Local Government Conflict of Interests Act.

By going to the Legislative Information System website’s code of Virginia Searchable Database, you can view or have a report which contains the particular code section sent to you email address. I have had a copy on file for quite some time now, and I last updated it in December. So, I went ahead and submitted a request for the latest “unofficial version” (although updated constantly, the only actual official version is the hard copy).

I’ve set the copy that I received on June 7, 2009 in a .pdf format for others to access quickly. You can find the document on MyVAResources.com. Click on the Issues and News link to go to that page. Right now, the link to the pdf file is the 3rd major heading down that list. (Take a moment to look around. You might find something else of interest.)

The Conflict of Interests Act you find is a 41 page document.

§ 2.2-3100.1. Copy of chapter; review by officers and employees.
Any person required to file a disclosure statement of personal interests pursuant to subsections A or B of § 2.2-3114, subsections A or B of § 2.2-3115 or § 2.2-3116 shall be furnished by the public body’s administrator a copy of this chapter within two weeks following the person’s election, reelection,  employment, appointment or reappointment.
All officers and employees shall read and familiarize themselves with the provisions of this chapter.
(2004, cc. 134, 392.)

The reference to § 2.2-3115 specifically identifies the local government officers and employees referenced in the above statute and adds some more information concerning the responsibilities of those individuals.

§ 2.2-3115. Disclosure by local government officers and employees.
A. The members of every governing body and school board of each county and city and of towns with populations in excess of 3,500 shall file, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in §2.2- 3117 and thereafter shall file such a statement annually on or before January 15.

The members of the governing body of any authority established in any county or city, or part or combination thereof, and having the power to issue bonds or expend funds in excess of $10,000 in any fiscal year, shall file, as a condition to assuming office, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such a statement annually on or before January 15, unless the governing body of the jurisdiction that appoints the members requires that the members file the form set forth in § 2.2-3117.

Persons occupying such positions of trust appointed by governing bodies and persons occupying such positions of employment with governing bodies as may be designated to file by ordinance of the governing body shall file, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in §2.2-3117 and thereafter shall file such a statement annually on or before January 15.

Persons occupying such positions of trust appointed by school boards and persons occupying such positions of employment with school boards as may be designated to file by an adopted policy of the school board shall file, as a condition to assuming office or employment, a disclosure statement of their personal interests and other information as is specified on the form set forth in § 2.2-3117 and thereafter shall file such a statement annually on or before January 15.

B. Nonsalaried citizen members of local boards, commissions and councils as may be designated by the governing body shall file, as a condition to assuming office, a disclosure form of their personal interests and such other information as is specified on the form set forth in § 2.2-3118 and thereafter shall file such form annually on or before January 15.

C. The disclosure forms required by subsections A and B shall be provided by the Secretary of the Commonwealth to the clerks of the governing bodies and school boards not later than November 30 of each year, and the clerks of the governing body and school board shall distribute the forms to designated individuals no later than December 10 of each year. Forms shall be filed and maintained as public records for five years in the office of the clerk of the respective governing body or school board. Forms filed by members of governing bodies of authorities shall be filed and maintained as public records for five years in the office of the clerk of the governing body of the county or city.

D. Candidates for membership in the governing body or school board of any county, city or town with apopulation of more than 3,500 persons shall file a disclosure statement of their personal interests as required by § 24.2-502

E. Any officer or employee of local government who has a personal interest in any transaction before the governmental or advisory agency of which he is an officer or employee and who is disqualified from participating in that transaction pursuant to subdivision A 1 of § 2.2-3112 or otherwise elects to disqualify himself, shall forthwith make disclosure of the existence of his interest, including the full name and address of the business and the address or parcel number for the real estate if the interest involves a business or real estate, and his disclosure shall be reflected in the public records of the agency for five years in the office of the administrative head of the officer’s or employee’s governmental or advisory agency.

F. In addition to any disclosure required by subsections A and B, in each county and city and in towns with populations in excess of 3,500, members of planning commissions, boards of zoning appeals, real estate assessors, and all county, city and town managers or executive officers shall make annual
disclosures of all their interests in real estate located in the county, city or town in which they are elected, appointed, or employed. Such disclosure shall include any business in which such persons own an interest, or from which income is received, if the primary purpose of the business is to own, develop or derive compensation through the sale, exchange or development of real estate in the county, city or town. Such disclosure shall be filed as a condition to assuming office or employment, and thereafter shall be filed annually with the clerk of the governing body of such county, city or town on or before January 15. Such disclosures shall be filed and maintained as public records for five years. Forms for the filing of such reports shall be prepared and distributed by the Secretary of the Commonwealth to the clerk of each governing body.

G. An officer or employee of local government who is required to declare his interest pursuant to subdivision A 2 of § 2.2-3112 shall declare his interest by stating (i) the transaction involved, (ii) the nature of the officer’s or employee’s personal interest affected by the transaction, (iii) that he is a member of a business, profession, occupation, or group the members of which are affected by the transaction, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes of his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reason able time is not available to comply with the provisions of this subsection prior to participationin the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day. The officer or employee shall also orally disclose the existence of the interest during each meeting of the governmental or advisory agency at which the transaction is discussed and such disclosure shall be recorded in the minutes of the meeting.

H. An officer or employee of local government who is required to declare his interest pursuant to subdivision A 3 of § 2.2-3112, shall declare his interest by stating (i) the transaction involved, (ii) that a party to the transaction is a client of his firm, (iii) that he does not personally represent or provide services to the client, and (iv) that he is able to participate in the transaction fairly, objectively, and in the public interest. The officer or employee shall either make his declaration orally to be recorded in written minutes for his agency or file a signed written declaration with the clerk or administrative head of his governmental or advisory agency, as appropriate, who shall, in either case, retain and make available for public inspection such declaration for a period of five years from the date of recording or receipt. If reasonable time is not available to comply with the provisions of this subsection prior to participation in the transaction, the officer or employee shall prepare and file the required declaration by the end of the next business day.
(1987, Sp. Sess., c. 1, § 2.1-639.14; 1988, c. 849; 1995, c. 495; 1996, c. 526; 2000, c. 317; 2001, cc.
217, 844; 2003, c. 694.)

This is only part of this particular code, but it is the part that seems most relevant in light of current discussions. You will note, if you read the entire document, that the law is fairly specific and detailed in application. Where most of our recent controversy has arisen, it has not been a matter of the law, but rather one of perception. You do not have to be doing something wrong for someone else to deem your behavior wrong in their belief system.

Someone can operate entirely within the law, and yet still earn the ire of those who see the actions as being ‘wrong’. Laws are intellectual, perceptions are often laced with emotion. Read the Act for yourself so that you know the facts and what is required. Then, look at those who go beyond the minimum requirements of the law to how their behaviors may be perceived….that is good leadership.

There’s a new page on my Special Studies section of MyVaRecources.com (informational site for citizens of the Town of Christiansburg and everywhere else this side of Pluto). (From any page on the site, simply click on the Special Studies link, then on the Stormwater link.)

Guess what the topic is …. “Stormwater“. There is very little discussion on the page, rather it is a collection of links that I found to be informative on the topic of stormwater. They cover a variety of the issues related to stormwater including: runoff, flooding, health hazards, environmental hazards, property damage, state laws, your rights under those laws, and general information sites.

A reader asked me a while back if I was really ignorant enough to believe that Town officials would read the blog. Well, the answer was and is, of course not! If they were that motivated to know about the problems around town, they would wait for someone to call them, they would be asking questions before making decisions, they would be demanding firm answers rather than “I think so.” They would already know about all of these sites and the information they contain. What I do, I do for citizens. Hopefully, there are some of those citizens who will decide to run for the office of Town Council or Mayor in the next election. It is my goal to be sure that citizens know their rights and that anyone running for office will be able to be effective leaders in the community.

I will note there there is/are one/or more elected/appointed official(s) that do/does read the blogs, does go to the sites, asks for more information, and is/are trying to make change. He/She/They is/are prevented from doing some of the things that need to be done by a block of those with voting power who insist things be done the way they have always been done. That is a problem that it will be up to voters to remedy. I could nearly guarantee that any citizen who spends 15 minutes looking at some of these information sites will know more about stormwater than most Town Council members. (Yes, I am being vague for a purpose. If you think citizens are the only ones that are being intentionally left in the dark, you are wrong!)

I will not provide information on who that/those may be but if you look at some of the vidoes or listen to some of the audios, or better yet, come to some of the meetings and see for yourself, you can tell who has done their homework and who hasn’t. I’ve been working hard to update the videos and all are loaded and ready to go except for the 5/19 Town Council Meeting which I am still working on. (Sorry, but trying to protect Historic Buildings from stormwater damage has to take priority.)

I understand that a citizen’s group is in the process of forming and when I hear more, I will let you know. I will be there! I have a few ideas of my own in the works and as soon as the rain slows down, it is going to be “Katie bar the door!” time. I want to see how the town responds before I get those going so that time and resources can be most effectively used…..planning….they’ll never figure out what I’m up to because they don’t understand planning:)

Anyway, if you have some time, check out the Stormwater page. If you find things on your own that could be added, let me know.

My thanks to all of you for your support and encouragement during these trying times. Your encouragement via emails and phone calls has kept me going! I’m feeling a lot like the David and Goliath scenario is in place. But, we all know how that one turned out!:)

Don’t forget to check out ThinkChristiansburg’s blog on Stormwater and the role of the DCR! Rain, Rain Go Away.
Have a great day!

Some of you know that I’ve been pretty busy working on some special projects. Well, I felt it was time to let you know about one of those projects.

Recently, the Town of Christiansburg started posting public documents online, at their webpage, htt://christiansburg.org. Pretty kewl. They finally started letting in a bit of sunshine. Or, did they.

On the main page of the website, click on the Town Codes link on the right hand side.

You will note that you have the option of downloading the Complete Town Code, or you can download/open each individual Section and Chapter from that same page. Pretty kewl…..you can either download a big bulky file that seems to take forever or you can find that same information in a smaller, easier to use version by Chapter.

HOWEVER, that may be what it looks like, but that isn’t the case. You see, some of the Chapters do not match up with the Chapters in the Complete Town Code Document. Sometimes whole pages are missing from the short forms, whole subsections.

That’s not so good. Guess that means you should download the Complete Town Code and use it, eh? HOWEVER, you have to be careful there too. If you do a line-by-line comparison (I really was considered to be a darned good investigator in my day), you will find that the ‘cites’ of state codes are much, much older in the short versions than in the Complete Town Code version.

I kinda felt it was okay since at least one of those sets of documents was being kept up to date. HOWEVER (I gotta get a special key that automatically puts that ‘HOWEVER’ in the way things are going), the cites at the bottom of each entry are used to denote when the ordinance has been changed and what state code was the basis for said change. Going back to that old-fashioned investigative technique of a line by line comparison. There are no changes. Where one document notes a last cite of 2002, and the other shows a cite of 2007, one could reasonably expect the text to be a little bit different. It isn’t. Don’t take my word for it, look for yourself. In fact, I could use some help since I am working on the entire Town Code, not just one section.

One of the best examples of this is the Erosion and Sediment Control portion of the Town Code, Chapter 10.

Now, I am taking all of those references to State Code and comparing them to existing Town Codes. Bet you didn’t know that all of those $100 fines the Town has been diligently NOT slapping on violaters is the minimum fine under state law. Talk about lost revenue. The Town is allowed to set those fines at anywhere from $100 to $1000 dollars. (The Blacksburg Code has them set at $500.)

Just who is the Town trying to help here? Citizens or builders? Gotta wonder.

Ever wonder why the some Town Council members are so quick to say “so sue the town”?

How about because they know it won’t hurt them. It puts the responsibility of citizens to sue ‘the town’ which means the taxpayers of the town. There have been many such suits filed against the Town of Christiansburg and they are normally settled ‘out of court’. Even members of the Town Council have been unable to find out exactly what these cost the town as the Town Manager reports he is unable to discuss due to court order (these cases did go to court, the town lost and financial rewards were negotiated).

As to the Town Council members immunity to being held responsible for arrogance and ignorance while in office:

§ 15.2-1405. Immunity of members of local governmental entities; exception.

The members of the governing bodies of any locality or political subdivision and the members of boards, commissions, agencies and authorities thereof and other governing bodies of any local governmental entity, whether compensated or not, shall be immune from suit arising from the exercise or failure to exercise their discretionary or governmental authority as members of the governing body, board, commission, agency or authority which does not involve the unauthorized appropriation or misappropriation of funds. However, the immunity granted by this section shall not apply to conduct constituting intentional or willful misconduct or gross negligence.

(1987, cc. 261, 290, § 15.1-7.01; 1997, c. 587.)

That last line pretty much says it all. Is it malfeasance for the Town Council to continue making bad decisions when citizens have notified them of issues. Does this not constitute intentional or willful misconduct or gross negligence? Does the same not apply when the Town Council refuses to do those things that are common with other jurisdictions in order to obtain information? Does pure out laziness and incompetence meet the legal criteria? Guess we’ll have to ‘wait and see’.

(This is a duplicate of http://depotdazed.com – it you’re looking for additional comments, look there.)

Section 10 of the Town Code, even the shortened version on the Town’s website has some interesting information on how the Town could raise revenue without raising taxes.

It is something called Codes Enforcement. From Sec.10-11 (e) of the Town Code:

(e) In addition to any criminal penalties provided under this chapter, any person who violates any provision of this chapter may be liable to the Town in a civil action for damages. The civil penalty for one such violation shall be one hundred dollars ($100.00) except that the civil penalty for commencement of a land disturbing activity without an approved plan shall be one thousand dollars ($1,000.00). Each day during which the violation is found to have existed shall constitute a separate offense. In no event shall a series of specified violations arising out of the same operative set of facts result in civil penalties which  exceed three thousand dollars ($3,000.00), except that a series of violations arising from the commencement of landdisturbing activities without an approved plan for any site may result in a civil penalty of not to exceed ten thousand dollars ($10,000.00). Pursuit of a civil penalty may be in lieu of criminal prosecution. The following schedule, which is nonexclusive, of specific additional violations, with the prescribed civil penalty, shall also be in force:

• Failure to properly install and maintain perimeter controls . . . $100.00 per violation per day

• Failure to properly install and maintain temporary stone construction entrance . .$100.00 per violation per day

• Sediment or debris transported onto paved public road by vehicular traffic or runoff . . .$100.00 per violation per day

• Failure to install and maintain storm drain inlet protection . . . $100.00 per violation per day

• Failure to install and maintain storm drain outlet protection . . . $100.00 per violation per day

• Failure to install and maintain vegetative, structural, or any other measure as specified in the minimum standards . . . $100.00 per violation per day

• Failure to seed and mulch disturbed areas within fourteen (14) days of notice to comply .. . $100.00 per violation per day

When I first saw this, my immediate response was “Good grief, we could pay for the Aquatic Center in less than 2 years if all of this was enforced (given the number of observed and reported violations I’m aware of and how long they have been going on). But, you have take into account cost of staff to handle this. So, okay, 5 years to pay off the Aquatic Center.

There are areas where they have gone to the General Assembly to create ways to utilize volunteers to help make this type of enforcement occur:

§ 15.2-1132. Volunteer property maintenance and zoning inspectors in certain cities.

The Cities of Chesapeake, Portsmouth, Richmond and Virginia Beach may provide that the agency charged with the enforcement of local ordinances adopted pursuant to §§ 15.2-901, 15.2-903, 15.2-904, 15.2-905 and 15.2-908 or city charter relating to the external maintenance of property or local zoning ordinances relating to motor vehicles or trailers as defined in § 46.2-100 may utilize supervised, trained and qualified volunteers to issue notices of noncompliance with such ordinances. Such volunteers shall have any and all immunity provided to an employee of the locality doing an identical job.

(Acts 2000, c. 673; 2002, cc. 31, 451; 2005, cc. 265, 318.)

What a great way to make sure that all of the area is covered! Oh, and that reduces expesnses so now we could pay for the Aquatic Center is maybe 3 years. Remember though that this is only one small section where such violations exist.

(To the person who suggested I be a write in candidate for Mayor: You wouldn’t want that to happen unless you wanted to see stuff like this developed with the Town of Christiansburg.)

I have dropped a lot of hints to see if people would look but nobody has mentioned anything yet. The Town of Christiansburg has posted the Town’s Code on its new and improved website.

At the webpage you will find options to be able to see or download individual chapter or the overall ordinance. Funny thing is that (I haven’t finished the line-by line analysis yet) in the individual Chapters there is a Chapter 10 Erosion and Sediment Control. It is a 14 page .pdf document.

Now, if you go to the full copy of the Code, Chapter 10 is titled: Erosion and Sediment Control and Stormwater Management. It is 47 pages long and broken down into 3 sections. These sections are: Article I. Erosion and Sediment Control, Article II. Stormwater Management, Article III. Illicit Discharge.

Maybe that is what was meant by the State of Virginia directive that the Town must update it’s Storm Water Management section of the Town Code. Maybe it was to remove it from visibility in order to be able to ignore it more effectively. Maybe the Town is actually working on the updates, but such a note should be found. Where is this update that was ordered? If the codes were out of complaince was that a significant part of why all of the flooding occurred.

What happened here was what is known as Urban Flooding, Flooding due to increases in impervious surfaces and sections of disturbed land surface. T he same amount of water fall would NOT have had the same impact 5 or 10 years ago.

I can just see the new real estate ads now: Free Personal Flotation Devices with Every Home Purchase!

New photos on myvaresources.com. Check ‘em out!

This omission in the Codes would be funny if the very thing that got me started on this whole process had not been the fact that I raised an issue on parking and was told I had no standing. To prove the point, I was provided a copy of the relevant State Code that did show that I had no standing. Unfortunately, the copy I was given was not complete. I went to the actual State Code and found that the lines that were omitted clearly stated that I did have standing and my request was valid. Once someone lies to me I never believe that person again without checking out what that person said. In this case the person was the Town of Christiansburg. Over time, they have proven that my beliefs were well founded.

Okay, so you make estimates on stormwater based upon recent years flow. You don’t take into consideration that recent years are essentially drought years. Then the rain comes and what happens. We currently have flooding all over the Town of Christiansburg.

Despite the fact that the Town was out fighting stormwater problems during a fairly light rain a few days ago (I’ll get those pics up when I can), a bigger rain comes and low and behold, the Cambria Emporium has a new mud floor, the Historic Cambria Depot has a watermark about 16″ up from ground level on the side of the building.

Some of this can be attributed, I’m sure, to the fact that a local business’s dumpster turned over and blocked the one extra drain in the area that diverts stormwater under the railroad and into the Creek. (By the way, the Creek level is fine, it never flooded.)

Some of this, particularly given how extensive this flood damage has been throughout the town, is more likely due to poor planning for stormwater management.

By the way, did you know that per the Town Code any work done on streets/sidewalks, etc. that raises the level of that entity requires that the Town Manager provide written notices to adjacent property owners and that waivers are obtained before the work begins? (Just a quick aside.)

Please let me know what you are hearing as to the flooding in Christiansburg. I want to know where it occurred and, if possible, the types of damage done. Thus far, I have heard that a tremendous amount of it has been in the Mall area. (Let’s see….massive, expansive development, poor stormwater management, and flooding? Is there a relationship?)

So I guess the goal of saving taxpayer money by taking shortcuts only works if you live on the higest property in Town.

From Virginia State Codes:

§ 15.2-2239. Local planning commissions to prepare and submit annually capital improvement programs to governing body or official charged with preparation of budget.

A local planning commission may, and at the direction of the governing body shall, prepare and revise annually a capital improvement program based on the comprehensive plan of the locality for a period not to exceed the ensuing five years. The commission shall submit the program annually to the governing body, or to the chief administrative officer or other official charged with preparation of the budget for the locality, at such time as it or he shall direct. The capital improvement program shall include the commission’s recommendations, and estimates of cost of the facilities, including any road improvement and any transportation improvement the locality chooses to include in its capital improvement plan and as provided for in the comprehensive plan, and the means of financing them, to be undertaken in the ensuing fiscal year and in a period not to exceed the next four years, as the basis of the capital budget for the locality. In the preparation of its capital budget recommendations, the commission shall consult with the chief administrative officer or other executive head of the government of the locality, the heads of departments and interested citizens and organizations and shall hold such public hearings as it deems necessary.

Localities may use value engineering for any capital project. For purposes of this section, “value engineering” has the same meaning as that in § 2.2-1133.

(Code 1950, § 15-966; 1962, c. 407, § 15.1-464; 1975, c. 641; 1976, c. 650; 1996, c. 553; 1997, c. 587; 2006, c. 565.)

Once again, if you head back to the minutes and documents of the past, this is something that has been only partially done (at best) or all but ignored (at worst). Many of the items included in the Town’s alleged Capital Improvement Plan are not even Capital Improvements! Capital Improvements do not include money to non-profit agencies and the Planning Commission has no business offering decisions/suggestions to the Town Council on that. Heck! It’s not a land use issue.

This is one of the reasons why we desperately need to get Planning Commissioners to complete the certification program. They have little knowledge of what their role is and boundaries are crossed on a routine and regular basis.

Since this is where most of of Town Council members come from, it creates an even worse issue when the people they are reporting to have the same lack of training as the people doing the reporting. This lack of knowledge serves to encourage BAD decisions. This tool, if it were provided as it is intended, would help the Town Council make fact-based decisions that are in the benefit of the public while maintaining a high level of accountability to the taxpayers for use of tax funds.

Although the Town Manager has informed me that the Town does a Capital Improvement Plan instead of a Capital Improvement Program, there is no separate distinction with the State Codes. Why even Wikipedia shows the terms are interchangeable. In fact, Wikipedia does a superb job of clarifying the purpose and components that comprise a Capital Improvement Program/Plan. You really should take a few minutes to read this. Then you’ll know more than the Planning Commission and Town Council members about the topic:)

After having raised this issue several times over the last year, I had hoped to see some positive movement on this front. Alas, I am again disappointed. Maybe next year….may the next NEW TOWN COUNCIL!

Come watch the festivities on Monday afternoon, maybe…just maybe, they will prove me wrong. (I keep hoping.)