Monthly Archives: May 2008

Somewhere or other a rumor has started that the lawsuit against Christiansburg citizens who exercise Free Speech in the form of Blogging has been dropped. This rumor is not true. There have been new developments but nothing to indicate the case is being dropped. As most of you know, I am not at liberty to discuss the case at this time. However, I can let you know that a legal defense fund has been established to help cover expenses of the four individuals. Any money beyond what is necessary to cover legal expenses will be used to help other people in similar situations. To help out with legal defense go by NBB or mail checks/money orders to:
Dorsett Lindstrom Legal Defense Fund
c/o National Bank of Blacksburg
P.O. Box 90002 Blacksburg, VA 24063
Or do as so many others have and just drop the check off at the Toy Station.  A HUGE Thank you to those who have thus far contributed. Whether your support has come in the form of money or simply words of encouragement, to each and every one of you, my heartfelt thanks. In the meantime, more information is available at the online citizen’s information page with Minutes and documents from past meetings. These are all set up in searchable pdf files so that you can go through them looking for only one type of issue or one name rather than read through all of the documents. Have fun!

Right across from the Montgomery County Court House is a small store. La Fabulosa is a Mexican food store that is a true gift to the taste buds!

Living in Seattle and Detroit, I got a bit spoiled by being able to go to the Mexican areas of town in order to get good Mexican food. Christiansburg now has it available and in the center of downtown! The variety of breads is incredible (slightly sweet with a symphony of spices and fruits added). On Saturday afternoons, there are homemade tamales….OUCH!! Okay, that was my conscience poking me. The tamales are there first thing Saturday mornings. (Can’t blame me for trying to make sure I get some before I go to work.) Thus far, I’ve only had the chicken and pork tamales. I hope to try the beef ones next weekend. They also have a great line of herbs and spices if you do your own authentic Mexican cooking. Please, save me some tamales!!

Commissioner Wade has asked to see a business plan for the Aquatic Center. Since the public has had little input into the process, I hope that he gets that document and it becomes available to the public.

Although I have many questions about what all will be involved in running the Aquatic Center, there is one that I have been pondering quite a bit. It is “Who will handle the concessions at the facility (food, drink, specialty shops, etc.) and will the sales at those concessions generate tax revenue for the town.

Even though VT will be using the facility, it is not on Tech property and concessions should be subject to taxes just like any other business in the Town. The only way that I know of that the taxes could be eliminated would be if it was agreed to in the contract.

I highly doubt that is likely to have occurred given how much attention the Town Council pays to sales tax and user fees. I hope that a lot of shops are planned and they generate a lot of revenue, really helping the Aquatic Center support itself.

I also hope that either some preferences will be given to local businesses for setting up concessions or the Town runs all of them and then all of the money raised can help the Aquatic Center be profitable.

Keep your eyes and ears open for opportunities if you are a local business owner and for jobs if you are currently unemployed. The Aquatic Center could be a good source of revenue and employment for Christiansburg.

check the article for details

Do the reading and form you own opinions.

I could not find a definition of Conditional Use Permit in the Town Code. I did, however, find Special Use Permit listed without a definition. Instead, it advised me to look at Conditional Use Permit. I looked back where Conditional Use Permit would have been listed and it still had not appeared. It is also not listed as “Permit, Conditional Use” or “Use Conditional Permit” or Use Permit Conditional”. Perhaps I am overlooking something but on to the Code itself to try to find out exactly what a Conditional Use Permit is.

Article I of the Town Code Section 30.11 gives information on Conditional Use Permits. There you will find all of the criteria for Conditional Use Permits (3 pages).

Subsection (a) Purpose denotes that the Conditional Use Permit is used when “more flexible and adaptable zoning methods are needed to permit differing land use and at the same time to recognize effects of change”. This process allows for zoning reclassifications to be made when conditions are established that may differ significantly from other properties with the same zoning but no conditions.

Subsection (b) gives information on proffers (written statements of what the party requesting the change is willing to do in order to get the conditional use permit approved). These proffers must be offered up prior to a public hearing before the Town Council. A list of specific criteria is provided:
(From the Town Code Chapter 30 Zoning, Section 30-11 Conditional Use Permit

1. The rezoning itself must give rise for the need of the conditions;
2. Such conditions shall have a reasonable relation to the rezoning;
3. Such conditions shall not include a cash contribution to the Town;
4. Such conditions shall not include mandatory dedication of real or person property for open space, parks, schools, fire departments or other public facilities not otherwise provided for in the Subdivision Ordinance;
5. Such conditions shall not include payment for or construction of off-site improvements except those provided for in the Subdivision Ordinance;
6. No condition shall be proffered that is not related to the physical development or physical operation of the property; and
7. All such conditions shall be in conformity with the Comprehensive Plan.

For the purpose of this chapter, proffered conditions shall be interpreted to include written statements, development plans, profiles, elevations, and/or other demonstrative materials. Materials of whatever nature and intended as conditions shall be annotated with the following statement signed by the owner or owners of the subject property: “I (we) hereby proffer that the development of the subject property of this application shall be in strict accordance with the conditions set forth in this submission.”

Once proffered and accepted as part of an amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the property covered by such conditions; provided, however, that such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance.

Subsection (c) Review and revision of proffered conditions. This section discusses how modifications can be made to the conditions and why additional Town Council and/or Planning Commission Public Hearings are required when those modifications are made after the public hearing before the Town Council has been advertised.

It is through the use of Conditional Use Permits that you see townhomes and condominiums brought into areas where the existing zoning would prohibit them. Or, you may see a type of business that it normally not allowed due to the way the property is zoned. Historically, ‘spot zoning’ was used as a way to allow for unauthorized usage of properties within a specific region. ‘Spot zoning’ was deemed illegal and the current process of Special or Conditional Use Permits evolved.

How are the conditions placed on the property/development monitored for compliance? Each conditional use permit that I have reviewed indicates a time for an inspection of the property/development to insure the conditions are met. What happens if those conditions are not met? Are there fines involved? Are there bonds that had to be posted that would be forfeit? In a complete failure to comply is the property owner required to restore the property to its original state? If unmet, what recourse do the citizens who are adversely affected by the conditional use permit have?

Since these conditional use permits can have an affect (positive or negative) on the value of surrounding properties, people should get involved. Show up for hearings on conditional use permits, speak up, and then, if it is approved make sure that you know enough about the conditions imposed so that you can contact the Town if you are aware of any violations. The most important part of knowing is knowing when to ask questions!!!!

Given the number of Conditional Use Permits that are handled in any one year, is it reasonable to expect the Town to be able to fully enforce them? How many personnel are delegated to that task?  Good citizenship means  citizens should take some of the responsibility of helping to enforce these conditions. Be an active participant! Show up, stand up, and speak up!

It seems some sort of emergency came up that the Town had to work on some public lines in front of the Toy Station at the Old Christiansburg Depot. This means the front parking lot is taken over by Town of Christiansburg vehicles. They had hoped to be done by 11 am but some sort of equipment problem has delayed their completion of the work. They are waiting for a mechanic to come fix it. Since many of you readers also shop here, I just wanted to let you know that it may be necessary to park on the side of the building until such time as the equipment is fixed. I’ll update you with more later. Thank you for your patience.

Over the decades, many of us have taken the following oath as we were sworn into military service: “I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.”

4083 American military personnel have died in Iraq and 29,978 have been wounded.

There have been other wars and other statistics but it would make this writing far too long to go into all of those details. Suffice it to say that thanks to the internet, all of this information is available in moments.

I only use the numbers from Iraq to help point out some issues concerning freedom and our rights under the Constitution of the United States.

U.S. Military troops have traveled to and fought overseas for decades in different wars/conflicts. While the terrain, those identified as ‘enemy’, equipment, and costs vary, there are certain foundations of ‘truth’ that exist.

Whenever people with power and/or money (sometimes those are one in the same) participate in activities where the basic rights of the people are undermined or denied, the deployment of U.S. troops has been focused on the need to protect freedom and promote democracy.

But what about those same abuses of power/money that occur right here in the Courts of America. American efforts to stifle free speech take a route through the legal system in a way that is not intended to win cases but rather serve as a means for the rich and powerful to destroy the financial and emotional resources of those who dare speak out against them. The most recently applied technique is something called a SLAPP suit (Strategic Law Suits Against Public Participation).

So it is true that we do not line people up and shoot them for speaking out. Using American ingenuity, the rich and powerful have found perfectly ‘legal’ ways to attack, threaten, and/or destroy any who dare to oppose them.

It is time for the legal system and the lawmakers to step up and make some changes. It is time for some legislation that prevents these types of cases from happening and the best ‘first step’ (in my opinion) is to make it mandatory that the plantiff/plantiff’s attorney on such cases be required to pay all legal expenses and court costs of the defendant. This along with the right to countersue for compensatory and/or punitive damages has already become established practice in some states (see link above).

The lawmakers of the State of Virginia need to take a serious look at this issue and how a person’s basic freedoms (speech, expression) can be stripped away from individuals by anyone who has the desire to do so and the financial resources to make it happen. This is partially addressed in recent legislation but the legislation needs some clarity to be effective. It needs to clearly identify that public meetings are not the ONLY place where freedom of speech exists.

It is my hope that none of those military personnel returning from wars focused on insuring freedom and democracy in the world, come home to find that their family members or friends have been deprived of their rights here in the United States. Or, they come home to find that someone they know has been devastated financially and/or psychologically by the single goal of fighting for their rights within our own boundaries.

Election time is coming up and what better time to ask officials for their opinion on this issue.

News articles and notes:
http://mworlando.wordpress.com/2007/05/22/slapp-suits-continue-to-plague/
AntiSLAPP Bills by State
Article
Article

At the Planning Commission Meeting tonight, several issues were discussed (see previous blog by this author). Commission Member and newly elected Town Council Member Mr. Vanhoozier had a copy of the sections of code pertaining to some of the matters and freely used those as references. Where the issues involved a need to respond quickly, the Commissioners and Town Council Member Carter came up with viable solutions to pass on to the Town Council. In matters where it was felt that more thought and research was needed to respond in the most effective manner possible, they identified the need for that and the use of citizens on committees to help evaluate the issues. Ms. Carter, Mr. Booth, Mr. Poff,  Mr. Vanhoozier, and Mr. Simmons did an extraordinary job of fully evaluating the issues.
My thanks to each of you for the professionalism and sense of community you displayed. It is clear that you are truly striving to find that delicate balance between resident and business needs.
Again my thanks for providing a great example of government in action.

The audio of this meeting will be available tonight on the Christiansburg Citizen Information website’s audio page. Listen for yourself and hear your elected officials in action.

Tomorrow night, the Town Council will have the opportunity to act upon some of the issues presented to the Planning Commission tonight. I hope to see you there!

(Note: the bold printed stuff contains my comments. All other information comes from the notice of the Planning Commission Meeting I received by E-mail from the Town.)

Notice is hereby given that the Christiansburg Planning Commission will be meeting in the Christiansburg Town Hall located at 100 E. Main Street, Christiansburg, Virginia on Monday, May 19, 2008 at 4:00 p.m. for the purpose of allowing the full Commission to review the following:

1) A Conditional Use Permit request by L & R Burch Properties, LLC for property located at 2000 Roanoke Street (tax parcel 499 – ((A)) – 14) for auto and truck auctions in the B-3 General Business District. The Public Hearing is set for May 20, 2008.

(Conditional Use Permits are used whenever the existing zoning prohibits the use the land the owner(s) wishes to apply to the property. These are usually accompanied by proffers which the owner offers/agrees to so that certain conditions are met as a means of minimizing any negative impact to adjacent property owners and the overall neighborhood. It then falls upon the Zoning Administrator to insure these conditions are met. It is interesting to note that the zoning ordinance allows for bonds to be provided by the owner and that those funds are forfeit should the conditions not be met. It is my understanding that the bond would be of an amount to make the necessary modifications in order to be in compliance with the terms of the Conditional Use should the owner not do so.)

2) Review of Advertising Ordinance interpretation regarding roof, wall, and marquee signage.

(This pertains to an issue that came up during the last Town Council meeting. The property owner did a great presentation at that meeting that clearly convinced me the request is well within the spirit of the law. It also showed how existing businesses are already doing the same type of advertising and no code enforcement has prohibited those businesses. Maybe it is time to take a serious look at how well the codes are equally applied and if there are sufficient resources to manage code compliance. I found the proposed signage to be attractive and non-intrusive.)

3) Review of the Capital Improvements Plan for the Fiscal Year 2008-2009.

(This topic is directly related to the Town’s Budget. A review of previous documents of this type provided the following lists: GENERAL FUND – General Administration, Police, Fire Department, Rescue Squad, Inspections, Street Department, Solid Waste, Building and Grounds, Municipal Building, Shop, Social Services, Parks & Recreation, Aquatic Center, Planning Department, Engineering Department, Debt Service. ENTERPRISE FUND – Water, Water Capital, Water Revolving, Sewer System Operations, Debt Service, Plant Operation, Capital Construction, Sewer Revolving. The last few lines of the report have historically noted the Grand Total followed by a list of amounts to be put into reserves and for what purpose. If you want to know where your tax money goes, you should definitely pay attention to this discussion.

Wikipedia offers this list of features of the typical CIP:

• “A listing of the capital projects or equipment to be purchased.
• The projects ranked in order of preference.
• The plan for financing the projects.
• A timetable for the construction or completion of the project.
• Justification for the project.”)

4) Consideration of amendment to Chapter 30 “Zoning” of the Christiansburg Town Code in regards to provisions for a Historic District Overlay.

(Rather than be redundant, I will refer you to one of my previous blogs “There’s a new blogger on the beat!” and one by Think Christiansburg “Virginia’s Historic Rehabilitation Tax Credit” )

A description of the preceding reviews, the Town’s Advertising Ordinance, Zoning Map, Zoning Ordinance and Future Land Use Map may be viewed in the Christiansburg Town Hall, 100 East Main Street, Christiansburg, VA 24073-3029 during normal office hours of 8:00 a.m. – 5:00 p.m. Monday through Friday. Written comments may be sent to the preceding address; please allow adequate mailing time. (from Town’s announcement)

The decisions made by the Planning Commission and Town Council will affect you whether directly or indirectly. Make a point of learning all you can about important issues and take the time to attend these meetings. One of the greatest roles of our elected officials is to generate dialog with citizens. This means answering questions, asking for input, and providing information. More importantly, however, it requires citizens who care enough to get involved. I hope to see you at 4pm today.