BROADWAY TOWN COUNCIL
June 7, 2005
1
The Broadway Town Council met in regular session on June 7, 2005 in the Council Chambers of the
Broadway Municipal Building. The following members were present: Mayor John F. Long, Jr.,
Council Members George T. Dowrey III, Leslie E. Fulk, Rick N. Layman, Fred M. Olson III, and
Timothy S. Proctor. Councilman O. Gene Nesselrodt was absent. The following Planning
Commission members were present: Kim Branner, Richard Claybrook, Jr., Whit Grandle, and
Shannon Orebaugh. The following staff members were present: Town Manager Kyle D. O’Brien,
Clerk/Treasurer Marla W. Kline, Police Chief Jay Lantz, and Town Attorney Donald E. Showalter.
Also in attendance were: Mary Stuart Bell, Richard Bell, David Brown, Mildred Brown, Woody
Brown, Michele Bushnell, Richard Bushnell, Nancy Hopkins-Garriss, Jewitt Hulvey, Jeremiah
Knupp, Bruce Krall, Christa Gitchell-Krall, Patricia Marcus, Carolyn Perry, Robert Presgraves,
Sharon Presgraves, Ray Ritchie, Jr., Ruth Short, Eleanor Showman, and Stanley Showman.
Mayor John F. Long, Jr. called the meeting to order at 7:00 p.m. with a salute to the U. S. Flag and
prayer.
Approval of Minutes and Bills:
Fred M. Olson III moved, seconded by George T. Dowrey III, to adopt the minutes of the May 3,
2005 session of Council, and to authorize payment of bills in the amount of $144,222.83. The
motion was approved with the following recorded vote:
George T. Dowrey III
Aye
Leslie E. Fulk
Aye
Rick N. Layman
Aye
O. Gene Nesselrodt
Absent
Fred M. Olson III
Aye
Timothy S. Proctor
Aye
Industrial Development Authority Resolution:
Mayor Long stated that the Broadway Industrial Development Authority (IDA) met prior to the
Council meeting and approved a resolution authorizing issuance of bonds for additional funding for
completion of a construction project currently underway by Pleasant View, Inc. He reminded
members that during its July 6, 2004 meeting, the Council adopted a resolution approving the
issuance of revenue bonds, by the Industrial Development Authority of the Town of Broadway, in
an aggregate principal amount of $1,500,000 for the benefit of Pleasant View, Inc. to construct a
building on Commerce Drive in Harrisonburg to house its day program and administrative offices.
Nancy Hopkins-Garriss, Executive Director of Pleasant View, provided current construction
photographs of the project and thanked the Council for its continued support of the organization.
She concluded by stating that issuance of this additional bond funding will allow completion of
Pleasant View’s project thus enabling occupancy of the new building in the fall of 2005. Carolyn
Perry, Bond Counsel, reminded the Council that approval of the resolution and issuance of the bonds
does not place any financial obligation on the Town or IDA in any way. Mrs. Perry requested
Council ratification of action taken by the IDA for the issuance of bonds to provide funding for the
completion of the remaining portion of the Pleasant View Home construction project. George T.
Dowrey III moved, seconded by Leslie E. Fulk, to adopt a resolution approving the issuance of
revenue bonds, by the Industrial Development Authority of the Town of Broadway, in an aggregate
principal amount of $250,000 for the benefit of Pleasant View, Inc. A copy of the resolution is
included in the minutes as Attachment A. The motion was approved with the following recorded roll
call vote:
George T. Dowrey III
Aye
Leslie E. Fulk
Aye
Rick N. Layman
Aye
O. Gene Nesselrodt
Absent
BROADWAY TOWN COUNCIL
June 7, 2005
Fred M. Olson III
John F. Long, Jr.
Aye
Abstain
Timothy S. Proctor
2
Aye
Joint Public Hearing-Rezoning Request, Mary K. Hulvey:
Mayor Long opened a joint public hearing of the Council and Planning Commission for
consideration of a rezoning request of Mary K. Hulvey for a 7.602 acre parcel on Holly Hill Street
located adjacent to her existing car wash. He stated that the parcel is currently zoned R-1 and the
request is for B-1 General Business. He further stated that this property is located in a “transitional
zone”, since it is located beside a current commercial structure, across the street from a public
institution, and also adjacent to a residential area, although the proposed structure will be located
significantly away from the closest residence.
Mayor Long invited public comments in support of or in opposition to the rezoning request.
Bruce Krall, a resident of 225 Holly Hill Street, stated that as an adjoining residential property
owner, he has concerns about additional traffic the business will generate in an already highly
congested area. He explained that with the existing school-related traffic, both vehicular and
pedestrian, and with the lack of sidewalks, he does not feel that there is adequate infrastructure to
support the commercial use. He concluded by stating that he is strongly opposed to expansion of the
business district into this area.
Christa Gitchell-Krall, a resident of 225 Holly Hill Street, stated that as a current business owner, she
is supportive of businesses, but when purchasing her home, the adjoining property was zoned
residential and she is opposed to changing the use to business. She stated that she is also concerned
with the increase in traffic a business on this property would generate.
Robert Presgraves, owner of Broadway Laundromat, endorsed the Kralls’ concerns and stated that he
does not feel the Town can support two laundromat facilities. He also expressed concern about the
difficulty in upkeep of a business such as a laundromat, especially should the business ever close.
Jewitt Hulvey, a business owner on South Main Street, discouraged expansion of the business zoning
district in the proposed direction and stated that he also felt increased traffic in this area would be
detrimental.
Mayor Long closed the public hearing and asked for the Planning Commission’s recommendation.
Town Manager Kyle O’Brien noted that VDOT has already approved the current entrance to the car
wash as an entrance for the laundromat also.
Upon convening and discussing the matter, Planning Commission Chairman Richard Claybrook
stated that the Commission thoroughly considered the rezoning request at its May meeting, but in
light of concerns expressed at tonight’s hearing, the Commission is recommending that the request
be tabled to allow time for the Commission to obtain additional information from the applicant in
regard to the concerns expressed.
Mayor Long then invited Council discussion and/or action.
BROADWAY TOWN COUNCIL
June 7, 2005
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George T. Dowrey III moved, seconded by Fred M. Olson III, to accept the Planning Commission’s
recommendation and table the rezoning request of Mary K. Hulvey. The motion was approved with
the following recorded vote:
George T. Dowrey III
Aye
Leslie E. Fulk
Aye
Rick N. Layman
Aye
O. Gene Nesselrodt
Absent
Fred M. Olson III
Aye
Timothy S. Proctor
Aye
John F. Long Jr.
Abstain
Joint Public Hearing-Rezoning Request, Leslie E. Fulk:
Mayor Long opened a joint public hearing of the Council and Planning Commission for
consideration of a request of Leslie E. Fulk to rezone 2.09 acres on Route 259 from R-1, Residential
to B-1, General Business. He stated that the purpose of this rezoning request is to construct ministorage units; and advised that the proposed units could only be constructed on the “shelf” of this
property that is located immediately adjacent to Route 259 as the remainder of the property to the
north is located in the flood plain.
Mayor Long invited the applicant to present his request.
Leslie E. Fulk stated that the property he is proposing to rezone is owned by Paul Orebaugh and is
located on the north side of Route 259. He explained that a “shelf” area exists on the property that
would accommodate the mini-storage buildings. He stated that he currently operates a rental
business and feels there is a need for additional mini-storage facilities in the area. Furthermore, he
advised that as the use for this property is somewhat limited, he does not see any residential value of
this parcel of land and feels his proposal would be an appropriate use of the property.
Mayor Long invited public comments in support of or in opposition to the rezoning request.
Ray Ritchie, owner and builder of a dwelling currently being constructed on the south side of Route
259, expressed opposition to the proposed rezoning request stating that he does not feel this is an
appropriate use to be located directly across from the new Windermere Subdivision.
Woody Brown, whose dwelling is currently being constructed in Windermere Subdivision, reiterated
Mr. Ritchie’s opposition. In addition, he expressed concern about the type of illegal activities that
have been known to occur in mini-storage facilities.
David Brown stated that his mother lives at 392 Brocks Gap Road across from the site of the
proposed rezoning and he is definitely opposed to this request. He stated that he feels that
construction of mini-storage buildings would decrease the value of her home and also expressed
concern about allowing this may set a precedent to others wishing to fill in and construct in flood
prone areas. Additionally, he stated that he has concerns regarding lighting, hours of operation, and
traffic generated by this use.
Dick and Mary Stuart Bell, residents of 370 Brocks Gap Road, read a prepared statement expressing
similar concerns noting that business use for this property was rejected years ago by the County; and
an increase in traffic would most definitely occur in an already highly congested traffic area.
Additionally, they noted that this area is prone to flooding and they do not feel that this business
would be an appropriate use of the property.
BROADWAY TOWN COUNCIL
June 7, 2005
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Mildred Brown stated that in addition to her son’s remarks, she is concerned about the potential for
flooding in the area of the proposed rezoning despite the fact that the buildings would only be
constructed on the “shelf” portion of the property.
Mr. Fulk stated that if rezoned, he had intentions of limiting the hours of operation, providing
adequate fencing, lighting, and landscaping to assure that the mini-storage buildings would be a
desirable use of this property. However, he stated that he has a great deal of respect for Mrs. Brown
and Mr. & Mrs. Bell, and for that reason, he wishes to withdraw his rezoning request.
Due to the withdrawal of the request, Mayor Long closed the public hearing and no further action
was taken on the matter.
Joint Public Hearing – Comprehensive Plan Update:
Mayor Long opened a joint public hearing of the Council and Planning Commission for
consideration of adoption of an updated Comprehensive Plan. Mayor Long stated that all members
have been provided a final draft of the five year update to the Town’s Comprehensive Plan, as
prepared by the Planning Commission. He stated that in addition, the updated Plan has been posted
on the Town’s website for several months and notice of the public hearing has been properly
advertised in the newspaper.
Mayor Long invited public comments concerning the updated Comprehensive Plan.
Woody Brown stated that with the rapid Town growth, he would just like to encourage the Council
to assure that adequate fire and rescue protection provisions are included in future Plan updates to
meet that growth.
After confirming no one else wished to speak in support or in opposition to adoption of the updated
Comprehensive Plan, Mayor Long closed the public hearing and invited Planning Commission
comments.
Commission Chairman Claybrook thanked the Town Manager, Clerk and Central Shenandoah
Planning District Commission for their assistance in updating the Plan. He stated that data and
statistics have been updated to reflect current facts and figures, and this update is really not very
different from that of 1999. He provided an overview of the update which included:
 References to Broadway Hometown Partnership are included, since this organization did not
exist in 1999;
 An emphasis five years ago was to assure inclusion of multi-family housing; adequate means
for this has been met and no longer needs to be included in plan;
 Transportation areas continue to be a primary concern;
 Desire to assure that recreation resources are continued to be adequately provided;
 Include desire for more greenways, pocket parks, etc.;
 Include desire to work with County to assure that areas on the outskirts of Town are
developed in a joint manner to provide consistency with regulations.
Mr. Claybrook concluded by stating that he feels this updated plan will prove to be a good reference
guide for the future development of the Town; and stated that the Commission is recommending
adoption of the updated plan.
BROADWAY TOWN COUNCIL
June 7, 2005
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George T. Dowrey III moved, seconded by Timothy S. Proctor, to adopt an updated Comprehensive
Plan, as presented. The motion was approved with the following recorded vote:
George T. Dowrey III
Aye
Leslie E. Fulk
Aye
Rick N. Layman
Aye
O. Gene Nesselrodt
Absent
Fred M. Olson III
Aye
Timothy S. Proctor
Aye
Budget, Fiscal Year 2005-06:
Mayor Long stated that the next item of business is to consider adoption of an operating budget for
fiscal year 2005/2006. He stated that through input from various standing committees, a tentative
budget was prepared and, after proper notification, was presented during a public hearing held during
the May 3, 2005 Council meeting. Mayor Long stated that the budget, as presented, retains the
current tax rates, but does include an increase in trash fees and sewer rates. Timothy S. Proctor
moved, seconded by George T. Dowrey III, to adopt an operating budget for fiscal year 2005/2006, in
the total amount of $1,415,000, to establish a real estate tax rate of $.07 per $100 valuation, to
increase trash rates by $5.50 per bi-monthly billing, to increase the per thousand gallon rate above
3,000 gallons used by $.50, to appropriate funds and to authorize disbursement of same as per the
categorical allocations listed in the budget for 2005/2006, and to require a quarterly budget
comparison to monitor budget compliance. The motion was approved with the following recorded
vote:
George T. Dowrey III
Aye
Leslie E. Fulk
Aye
Rick N. Layman
Aye
O. Gene Nesselrodt
Absent
Fred M. Olson III
Aye
Timothy S. Proctor
Aye
A copy of the budget, as adopted, is included in the minutes as Attachment B.
Public Assemblage Permit:
Mayor Long read a request from Karen Klasnick, a resident of Broadway South Subdivision, for a
public assemblage permit for the second annual “Octoberfest”, a block party to be held within the
subdivision again this year. The request states that it is intended for this block party to be held in the
cul-de-sac of Silver Drive in the subdivision from 2:00 p.m. to 5:00 p.m. Ms. Klasnick’s request
states that they experienced no problems last year, and provided assurance that all security measures
will be handled in the same manner as last year. Mr. O’Brien clarified that the date Ms. Klasnick is
proposing is October 1, and the hours of the event have been scaled back by one hour. Timothy S.
Proctor moved, seconded by Fred M. Olson III, to approve a Public Assemblage Permit for Karen
Klasnick, as presented, for a block party to be held in Broadway South Subdivision. The motion was
approved with the following recorded vote:
George T. Dowrey III
Aye
Leslie E. Fulk
Aye
Rick N. Layman
Nay
O. Gene Nesselrodt
Absent
Fred M. Olson III
Aye
Timothy S. Proctor
Aye
Public Comment Session:
Richard Bushnell questioned the status of repairs to the time/temperature sign on Main Street. Mr.
O’Brien advised that the sign, although owned by Broadway Hometown Partnership, has not been in
operation for quite some time and BHP is continuing to look at options for repair/replacement of the
sign.
Woody Brown requested that the Town consider asking VDOT to lower the speed limit on that
portion of Brocks Gap Road included in the Town’s recent annexation.
BROADWAY TOWN COUNCIL
June 7, 2005
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Kim Branner noted that in addition to the speed factor, passing lanes exist on this portion and
suggested that a no passing zone be instituted as well. Chief Lantz noted that both Mr. Brown and
Mrs. Branner have valid concerns and agreed that both matters should be referred to VDOT.
In a related traffic concern, Richard Claybrook suggested that the Town consider requesting lowering
of the speed limit on Sunset Drive, as well.
Dick Bell expressed concern regarding the deterioration of railway crossings within the Town. It
was noted that this is a continuous concern that has been expressed and will again be relayed to
Norfolk-Southern.
Old Business:
The Town Manager reported on the following items of Old Business:
 Streets: The Mayor and Town Manager had a productive meeting with the new District
Administrator of VDOT. VDOT has changed its position on the Town assuming
maintenance of our streets, and is now looking at ways this may be accomplished prior to the
Town’s population reaching 3,500.
 “Jake Brake” Ordinance: This issued is being researched, and when complete, findings
will be presented to the Properties Committee for a recommendation.
 Route 259 Sewer Line: Still waiting for contractor to move in.
Committee Reports:
Business/Industrial Committee:
No report.
Finance Committee:
No report.
Personnel/Police Committee:
Chairman George T. Dowrey III reported that his committee met on May 23, 2005 to conduct
interviews for the position of Water Plant Superintendent as a result of Doug Puffenbarger’s pending
retirement July 1. He stated that following the interviewing of three candidates, the committee
agreed to recommend offering the position to Ross Clem. George T .Dowrey III moved, seconded by
Leslie E. Fulk, to ratify the action of the committee to hire Ross Clem as Water Plant Superintendent
effective July 1, 2005. The motion was approved with the following recorded vote:
George T. Dowrey III
Aye
Leslie E. Fulk
Aye
Rick N. Layman
Aye
O. Gene Nesselrodt
Aye
Fred M. Olson III
Aye
Timothy S. Proctor
Aye
All members were provided a copy of an activities report for the police department for the month of
May, a copy of which is included in the minutes as Attachment C.
Properties Committee:
No report.
BROADWAY TOWN COUNCIL
June 7, 2005
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Utilities Committee:
Chairman Fred M. Olson III stated that a meeting will be scheduled in the near future. A copy of the
water production report for the month of May is included in the minutes as Attachment D.
CSPDC Committee:
Council representative George T. Dowrey III reported that minutes from the last meeting have been
provided to the Town Manager if anyone would like to see them. He reported that the Commission
will be conducting a study in the near future regarding infrastructure in the community.
Streetscape Committee:
Mayor Long reported that the committee met on May 27, 2005 with a representative from HSMM,
and held a discussion regarding the final greenway and pocket park master plan. He stated that
members generally concurred with the plan as provided by the engineering firm and recommended
that a final plan be presented to the Council for approval. He further stated that members are being
provided a final copy of the plan for their review. He stated that in addition, the committee discussed
the proposed design for the wayfinding signage and after reviewing two renderings, expressed desire
to see the designs as they would actually appear on a sign. He concluded by stating that after review
of the actual signs and upon making a final recommendation, the signs will be presented to the
Council for approval.
Town resident Jewitt Hulvey stated that at a previous Council meeting, discussion took place
regarding use of the old iron bridge on Springbrook Road as a design. Mr. Hulvey emphasized that
the gazebo is actually the bell tower off of the old elementary school and indicated his desire that the
gazebo continue to be used as a symbol of the Town. Mr. O’Brien clarified that the bridge would, in
no way, replace the Town’s current gazebo logo and was only being considered for use on the
wayfinding signs. Mayor Long assured that nothing has been finalized yet and the committee will
consider all designs prior to making a recommendation to Council.
Planning Commission Report:
Council representative Rick N. Layman reported that the Commission met on May 9, 2005 and
considered several items including the updated Comprehensive Plan, and proposed rezoning requests
on Holly Hill Street and Brocks Gap Road. In addition, he stated that the Commission considered a
letter from Rockingham County inviting comments on the proposed rezoning of property owned by
Randy Cosner just outside of the Town limits, which is being considered as a part of tonight’s
County Planning Commission meeting. He concluded by stating that after review and discussion, the
Town’s Commission agreed to suggest the County table the matter in order to allow the Town time
to receive additional information concerning the proposed use of the property.
New Business:
Mr. O’Brien stated that all members have been provided a copy of a letter from the Park Board
requesting $5,000 in funding from the Town for construction of a skate park. He further stated that
the County has allocated $5,000 for this project, and $5,000 has been raised through fundraising
efforts and private donations. Councilman Fred Olson noted that he has been working closely with
the park’s Skatepark Committee and the committee feels that with the Town’s additional funding,
adequate funds would exist to enable construction of a small facility and then proceed accordingly
with expansion for a larger facility dependent upon its success. Councilman Rick Layman suggested
that the matter be referred to the Finance Committee so that it can meet with the Skatepark
BROADWAY TOWN COUNCIL
June 7, 2005
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Committee, to determine what, if any, funding should be granted for this request. The Council
concurred with Mr. Layman’s recommendation and agreed to schedule a Finance Committee meeting
during the month for this purpose.
Mr. O’Brien referred members to a copy of a letter from Rockingham County regarding proposed
construction of a communications tower for the new 911 system. He stated that the proposed tower
is located on Daphna Road near the Round Hill area and that, as required by the State Code, the
County is soliciting any comments the Town may have concerning the proposed project since it is in
close proximity to the Town. The Council made no comments concerning this matter.
Mr. O’Brien advised that in conjunction with the new garbage contract with Waste Management
which takes effect July 1, the new garbage collection “toters” will be delivered to residents during
the first part of July. He further advised that information for implementation of their use will be
provided as a part of the July quarterly newsletter which will also be mailed out at that time.
There being no further business, the meeting was adjourned.
Mayor
John F. Long, Jr.
Clerk
Marla W. Kline, CMC