Chincoteague Reports

June 28, 2007 Special Joint Town Council and Planning Commission Workshop Meeting

Special Joint Council and Planning Commission Workshop Meeting
On the draft comprehensive plan

Presentation by Peter Johnston of Peter Johnston & Associates (formerly Redman/Johnston Associates)

The meeting agenda and backup material may be found at:

http://www.chincoteague-va.gov/municipal/meetings.shtm

Audio of the meeting is located at:

http://www.chincoteague-va.gov/municipal/meetings.shtm

Attendance

Present: Mayor Jack Tarr and Town Council Members:  Nancy Conklin, Terry Howard, Ellen Richardson, David Ross, Vice Mayor Anita Speidel, and Dr. Glenn Wolffe

Chincoteague Planning Commission: Chairman Ray Rosenberger, Robert Behr, Mollie Cherrix, Tom Derrickson, Charles Ward, and Jane Wolffe

Staff members:  Robert Ritter, Town Manager; Kenny Lewis, Building and Zoning Administrator; Jared Anderson, Town Planner

Approximately 25 citizens attended the meeting.

The meeting began at 7:35 p.m.

The purpose of the meeting was to receive a briefing from Peter Johnston on the steps toward developing a new comprehensive plan and to receive comments, guidance, and questions from the Council and Planning Commission members. No public participation at this workshop. A new written version of the draft comprehensive plan will be prepared later after a series of meetings with the public. This June 28 workshop follows earlier public briefings on June 28, 2006 and February 22, 2007. (Summaries of earlier meetings on the draft comprehensive plan can be found at http://www.chincoteaguereports.com/my_weblog/chincoteague_comprehensive_plan/index.html)

Mr. Johnston emphasized that “this is your plan” and must represent the views of the citizens of this community. It is not something developed and imposed from outside. This presentation is a starting point for discussion. Mr. Johnston noted later that because of the substantial earlier controversy over the draft plan “we need to take baby steps in this community, not big leaps” as we move forward.

At earlier meetings with the public a broad spectrum of opinion had been shown. Some advocated the “status quo and less involvement of town government in land use.” Others favored “pro-active planning for the way land and building are developed and used.” The need now was to receive further public input and, hopefully, move toward some consensus document.

Mr. Johnston identified these “Key Public Concerns”:

- Implications of draft Land Use Plan for current zoning;

- Restricting commercial uses in residential neighborhoods;

- Eliminating townhouses and multi-family residential uses from commercial districts;

- Regulating aesthetics;

- Pre-mature planning for the land use implications of public sewer; and

- Public access to the water and protection of public views.

Mr. Johnston discussed the “Path Forward to

Consensus

Building

”:

- Revise draft Goals and Objectives (Planning Commission);

- Prepared alternative Land Use concept with proposed zoning implications;

- Conduct stakeholder interviews and planning workshops to illicit comments and suggestions. Involve staff and members of the Planning Commission;

- Revise draft Plan accordingly and publish draft; and

- Conduct public information meetings.

Mr. Johnston had prepared and presented an “Alternative Land Use Plan” with maps indicating the location of various proposed land use plan areas. These areas consisted of:

Single Family Residential (R-1)

Two Family Residential (R-2)

Mixed Residential (R-3)

Resort Residential (alternative)

Town

Center

Commercial (C-2)

Neighborhood Commercial (C-1)

Corridor Commercial (New C-3 district)

Resort Commercial (New C-4 district)

Conservation (New district A-1)

In each case Mr. Johnston presented a suggested listing of “permitted uses,” “special exception uses,” and “conditional uses.”

A question and answer period followed.

Dr. Wolffe quoted Mayor Tarr to the effect that “you zone with zoning.” We should not by implication use the absence of central sewage as a zoning tool. He also raised the issue of how zoning and permits works today versus how it might work in the future, how special uses and conditional uses are itemized or not.

Jane Wolffe noted that while today townhouses/condos can be put in the R-1 single family residential area in the new plan this would not be permitted.

Anita Speidel hoped that while it would not be wise to try to regulate aesthetics (appearance of buildings, etc.) in the town as a whole it might be possible to do something in particular areas such as the town center.

Regarding the subject of aesthetics several people commented on the past controversy about the appearance of soft drink machines on the sidewalk downtown.

Mr. Johnston commented that a historic district could be created and that much could be accomplished by encouragement and voluntary steps regarding the appearance of buildings and related matters. One can appeal to civic pride. It might also be a constructive step for the town to have a recognition program for architectural and aesthetic achievements.

Bob Behr observed that the town is now able to create an arts and cultural district. He would like to see this included in the draft plan.

There was some discussion about how the town could control undesirable businesses such as tattoo parlors or adult-oriented businesses.

Terry Howard encouraged the process of meeting with community members to seek a broad range of views.

Ray Rosenberger agreed. We need community discussion. “This is not something shoved down your throat.” We need to get information and seek compromise.

Jared Anderson, the newly hired town planner, stressed his interest in hearing from the public in helping him do his job.

Bob Behr suggested that great change would be coming for the

Maddox Boulevard

area as it becomes the gateway area with the new bridge. The merchants along Maddox might want to get together to plan for the future.

Mayor Tarr noted that it is exactly one year since the first planning meeting was held on the draft comprehensive plan. The new concept of the plan and the way of going about it is much better than before. He wants copies of the land use maps enlarged and made available to the public for study. People need to get into this and make their comments heard. We are starting over. We will put together a group of stakeholders that Mr. Johnston can meet with.

Mr. Ritter agreed that we are going in the right direction now. We appreciate your redoing this.

Notes by David Johnson.

N.B.  These notes do not constitute the public record of this meeting.  The information contained herein is offered in good faith, is presented as accurately as possible, is thought to be a complete account of the proceedings.  These notes are intended to be a public service devoid of political commentary for those who are interested in following the civic affairs of

Chincoteague

Island

. Notes of the meeting are recorded, transcribed and distributed by volunteers who receive no financial compensation for their efforts.

June 21, 2007 Town Council Meeting

June 21, 2007 Town Council Meeting

The June 21, 2007 Town Council Meeting covered these topics:  1) public hearing on the proposed increase of 1% on the Transient Occupancy Tax and allocation of 17% of the total Transient Occupancy Tax to the Chincoteague Recreation and Civic Center 2) Consideration of adoption of the FY 08 budget, 3) Consideration of the adoption of a resolution on the retirement plan for Chincoteague police officers, 4) Department of Motor Vehicle Contract Renewal and 5) comments and announcements by the Major and Council Members.  The Council entered a closed session following the public meeting for the purpose of discussing land acquisition.

The meeting agenda and backup material may be found at:
http://www.chincoteague-va.gov/municipal/meetings.shtm

Audio of the meeting is located at:
http://www.chincoteague-va.gov/municipal/meetings.shtm

Attendance
Present: Mayor Jack Tarr and Town Council Members:  Nancy Conklin, Terry Howard, Ellen Richardson, David Ross, Vice Mayor Anita Speidel, Dr. Glenn Wolffe

Chincoteague Planning Commission: Ray Rosenberger, Chairman

Staff members:  Robert Ritter, Town Manager; Edward Lewis, Chief of Police, Michael Cosby, Director of Public Works and Jared Anderson, Town Planner

Approximately 15 citizens attended the meeting.

The meeting began at 7:35 p.m.

Public Comments
Leslie and Mandy Betts spoke to request support for their efforts to create a youth football team on Chincoteague.  They have collected fifty signatures on a letter of intent committing youngsters in the age range of seven to thirteen to participate in the football team.  The league in which this team would play is organized by the Salvation Army.  Games would be played in Salisbury, Snow Hill, Pocomoke City and Chincoteague.  To participate in the league a fee of $50 per player is charged.  The team will have to provide uniforms and equipment totally $150 per player.  They anticipate the need to raise $9,000 by mid-July in order for the team to begin practice in August and be ready for the first games after Labor Day.  They asked the Town Council to consider a donation to help launch the youth football team.  Council agreed to consider the matter and referred the item to the Budget and Personnel Committee.

John Jester addressed the Council to express support for the agenda item that would move the retirement plan of the Chincoteague Police Department under the State of Virginia retirement plan and provide the same contribution level as current afforded to State Police Officers.  Mr. Jester reminded the Council of his long experience in public safety and expressed his view that retaining a qualified and motivated police force was vital to the well being of a community. He felt that providing a good retirement plan for police officers was a curtail retention tool.

Public Hearing on Proposed Increase in Excise Tax
The FY 08 budget proposes that the excise tax (transient occupancy tax) be increased to 3% from the current rate of 2%.  The projected annual revenue at the 3% tax rate is $532,500.  The annual revenue under the current rate is $355,000.

The FY 08 budget proposes that the Chincoteague Recreation and Civic Center (The Center) receive 17% of the total excise tax.  Currently The Center Civic receives 25% of the total excise tax.  Under the proposed 17% annual allocation The Center is projected to receive $90,525.  Under the current 25% annual allocation The Center receives $88,750. 

The FY 08 budget proposes a one time donation to The Center in the amount of $10,000.  The proposed FY 08 donation is equal to the donation made to The Center in the FY 07 budget.

The total allocation of funds (proportion of the excise tax and donation) to The Center proposed in the FY 08 budget is $431,975.  The total allocation of funds to The Center in the FY 07 budget was $256,250.

Both the increase in the excise tax and the 17% allocation to The Center passed unanimously.

Consideration of Adoption of the FY 08 Budget
Councilman Glenn Wolffe offered a motion to adopt the budget for the fiscal year 2008 and appropriate the funds for disbursement.”  Councilwoman Nancy Conklin seconded the motion.

Councilman Terry Howard offered an amendment to eliminate the $4 increase in the annual fee charged by the Town for a motor vehicle decal and make up the resulting revenue short fall by reducing the budgeted reserve allocation.   This motion failed to attract a second.

The Council voted unanimously in support of Councilman Wolffe’s original motion.  The FY 2008 budget passed as presented.

Resolution on Law Enforcement Officers Program
The Council adopted a resolution which provides full time Chincoteague Police Officers with benefits in the Virginia Retirement System equivalent to those provided for State police officers of the Department of State Police. 

Department of Motor Vehicle Contract Renewal
Town Manager Robert Ritter explained to the Council that current contract with the Virginia Department of Motor Vehicles to operate a DMV express office on the Island will end on June 30, 2007.  Mr. Ritter explained that the number of DMV customers and transactions had increased significantly during the past year.  More customers from off the Island are making use of the service.  A significant number of car dealerships are using the service.

DMV will provide less than $15,000 a year to operate the service during FY 2008 and will required the Town to purchase a $5,000 printer, a fax machine, lease a dedicated phone and fax lines and pay for credit card services.  In addition the Town staff is unable to keep up with the business of the Town while simultaneously delivering DMV services.  Furthermore, DMV requires that services be provided on Saturdays.  The Town office is not open on Saturdays.

Mr. Ritter provided a copy of his letter to Commissioner D. B. Smith of the Virginia Department of Motor Vehicles in which he presented the Town’s financial concerns.  The letter requested that the contract be amended so that the hours of DMV service would be limited to 9 a.m. to 1 p.m. Monday through Friday and that the rate of compensation be set at 5 ½% of gross collections.  These requests were denied.

The Town Council engaged in a lengthy discussion about the DMV service, the history of how it came to be on the Island, how it was intended to operate and how Town officials had attempted to gain some control on the growing expense of providing the service. 

In view of the dramatic cost increase to provide DMV services and the lack of flexibility on the part of DMV to work with the Town to maintain services on the Island, the Council voted to allow the current contract to expire.  DMV services are expected to end on June 30, 2007.

Announcements and Comments
Councilman Richardson announced that the Planning Commission will meet at 7 p.m. on Tuesday June 26.

Mayor Tarr reminded Council members that the Planning Commission and The Council will hold a joint work session with Redman/Johnston on Thursday June 28 to review the next draft of the Comprehensive Land Use Plan.

Councilman Ross requested that the Public Works Committee take up the issue of constructing safety barriers on the bike path along Deep Hole Road.  Mr. Ross described a place in which a large drainage pipe emerges from under the roadway and bike path to form a precipitous drop off that ends with very large rocks.  Mr. Ross said that without a barrier this deep drop-off was a clear public safety hazard that needs immediate attention.

Councilman Wolffe, chairman of the Public Works Committee, asked Mr. Cosby to address this matter immediately and come to the Committee only if he needed questions answered.

Councilman Howard said that the Harbor Master reported to the Harbor Committee that the most frequent complaint he currently receives is about the 18 ½ inch limit on flounders.  He said that the limit in North Carolina was 14 ½ inches and in Maryland the limit was 14 inches.  Virginia’s 18 ½ limit has reduced interest in fishing Virginia waters.

Mayor Tarr reported that the staff was colleting data on the 18 1/2 inch flounder regulation.  He said that North Carolina’s regulatory agency had backed local communities in establishing their 14 ½ flounder regulation whereas Virginia had simply adopted one of the Mid-Atlantic Fishery Commission’s options for regulations. 
The public meeting adjourned at 8:35 p.m.
The Council entered into a closed session to discuss land acquisition.

Notes by David Johnson and Bill Troxler

N.B.  These notes do not constitute the public record of this meeting.  The information contained herein is offered in good faith, is presented as accurately as possible, is thought to be a complete account of the proceedings.  These notes are intended to be a public service devoid of political commentary for those who are interested in following the civic affairs of Chincoteague Island. Notes of the meeting are recorded, transcribed and distributed by volunteers who receive no financial compensation for their efforts.

June 14, 2007 BZA Meeting

The Board of Zoning Appeals met on Thursday, June 14, at 7:30 p.m.

Attendance: Arthur Leonard, Chair, Myron Birch, Robert Cherrix, John Gilliss , Michael McGee, Jesse Speidel, and Donald Thornton.
Staff: Kenny Lewis, Building and Zoning Administrator, and Jared Anderson, Town Planner.
Town Officials: Ray Rosenberger, Chairman of the Planning Commission.

There were two items on the agenda. Both resolutions were voted unanimously, and neither incurred public comment.

Anne Davis sought a variance to place a 7'9" by 5'1" deck/ landing 17' from the front property line. Zoning requires a 25' setback; a 3' by 3' landing is allowed.  Ms Davis stated that she is a senior citizen with health issues which may, in future, require the use of a wheel chair, and that her appeal is based on safety issues. Her contractor, John Bushman, pointed out that the landing size,  according to code,  is not adequate for negotiating a wheel chair in front of a 36" W door.
Mr. Lewis mentioned that he has had several inquiries. Mr. Rosenberger was invited to address this issue. He stated that the Planning Commission planned to consider the problem at a future meeting and suggested that, considering the large retiree population of the island,  the landing size may need to be enlarged. He said that two important elements were safety, and that the landing not evolve into a deck. The Board voted to grant relief on the issue of safety, and the variance was granted.

The second item on the agenda was a request by Amy Fluhart to enlarge an existing deck to within 10' of the front property line; the Code requires 25'. Ms Fluhart stated that the steps on her second floor rental property were unsafe. She said that while replacing the steps, she wished to enlarge the deck to enhance rental income. It was decided that Ms Fluhart could enlarge the deck by making it wider without encroaching on the front setback,  and that rental income does not constitute a hardship issue. The request for a variance was denied.

The meeting was adjourned at 8:10 p.m.

Notes by Jane Pawelski

N.B. These notes do not constitute the public record of this meeting.  The information contained herein is offered in good faith, is presented as accurately as possible, is thought to be a complete account of the proceedings.  These notes are intended to be a public service devoid of political commentary for those who are interested in following the civic affairs of Chincoteague Island. Notes of the meeting are recorded, transcribed and distributed by volunteers who receive no financial compensation for their efforts.

June 4, 2007 Town Council Meeting

The June 4, 2007 Town Council Meeting covered these topics:  Budget and Personnel Committee report, Public Hearings on the FY 08 budget, Public Hearings on revisions to the Town Code, consideration of adoption of the State Motor Vehicle Code, announcements and comments from the Mayor and Council members, and consideration of a proposed Zoning Change regarding condos, town houses and multi family dwellings

The meeting agenda and backup material may be found at:
Agenda and Backup

Audio of the meeting is located at:
Audio Of the Meeting

Attendance
Present: Mayor Jack Tarr and Town Council Members:  Nancy Conklin, Terry Howard, Ellen Richardson, David Ross, Vice Mayor Anita Speidel, Dr. Glenn Wolffe

Chincoteague Planning Commission: Chuck Ward, Commissioner and Jane Wolffe, Commissioner

Staff members:  Robert Ritter, Town Manager; Jon Poulson, Town Attorney; Edward Lewis, Chief of Police, Michael Cosby, Director of Public Works and Jared Anderson, Town Planner

Approximately 12 citizens attended the meeting.

The meeting began at 7:31 p.m.

Public Comments
Kelly Fox addressed the Council to discuss a detailed and complex matter related to the budget and a recent work completed by the Ordinance Committee.  She provided Council members with an analysis of water billings and the effects of changing language in the ordinance that governs turning off and disconnecting water meters.  She also addressed the proposed trash collection fee increase.  Various Council members acknowledged the complexity and importance of her remarks.  The Mayor directed that her remarks be sent to both the Ordinance Committee and the Public Works Committee for review and response.

Report of the Budget and Personnel Committee
Councilwoman Nancy Conklin reported on the May 15 meeting of the Budget and Personnel Committee.  Two actions were taken unanimously by the Committee:
•    Four classes of Emergency Medical Service Providers have been recommend to Town Council
•    A part-time laborer position for parks and recreation areas has been recommended to Town Council.  This position will be for twenty-four hours per week.  The need for this position was created by the retirement of a current employee.

The Council accepted the report and approved all recommended positions.

Public Hearing on the FY 08 Budget
Town Manager Robert Ritter provided a general overview of the proposed FY 08 budget.  The major points of his remarks were:
•    The transient occupancy tax is currently 2%.  The proposed FY 08 budget increases this tax to 3%
•    The FY 08 budget proposes a $1/week trash collection fee.  This $52 annual fee would be assessed per tax parcel that has a habitable dwelling on it.  One bill would be sent to the owner of each parcel. Tenants would not receive bills.  Billing would be done quarterly and would be included with the water bill for each parcel.
•    The fee for the required annual Town vehicle sticker is proposed to increase to $27 from the current $23.

Mr. Ritter offered justification for these increases and the new fee including:
•    Funds are required to fund various bonds for the water department and the new school property.
•    The cost of trash collection has increased by more than $100,000 over the last five years. It is
anticipated that this fee will generate $110,000 in new revenue.
•    The cost of the county vehicle tag has risen to $27.  There is concern that if the Town does not increase its vehicle license fee to equal that of the County’s that the County may require citizens to pay the $4 difference between the two fees.

Public Hearing on Revision of Chapter 54, Taxation, Article IV & Article V, Excise Tax
Council revised this portion of the Town Code to provide that excise tax (transient occupancy) rate will be established each year by the Council.  Future increases in this tax rate will require a public hearing dedicated to the proposed tax increase in addition and prior to the public hearing on the entire budget.

Further the Council will determine by annual appropriation the portion of the total excise tax that is distributed to the Chincoteague Recreation and Convention Center Authority for the operation and maintenance of the Center.  Prior to this change the Center received a fixed amount of 25% of the total excise tax.

Public Hearing on Revision of Chapter 58, Traffic and Vehicles, Article II Town Vehicle License
Council revised this portion of the Town Code to provide that annual license fee of motor vehicles licensed within the town will be established each year by the Council.  Prior to this change the code provided for a $23 license fee on vehicles and a $20 fee on trailers and semi-trailers located within the town.

Public Hearing on Revision of Chapter 46, Solid Waste, Article I. In General
Council added new sections to this chapter:  46-17 Solid Waste Collection Fees and 46-17 Billing and Other Charges.  These new sections empower the Council to set weekly rates for solid waste collection.  Once set, those rates remain in effect for one year.  Assessments are made per parcel and charged to the property owner, not a tenant or tenants.  Billing will be done on a quarterly basis.

Adoption of the State Motor Vehicle Code
Each year the Council is requested to re-adopt Title 46.2 and 18.2-226 et. seq. of the Code of Virginia.  This act permits all changes and updates in the state Code relevant to traffic and vehicle code to be enforce by the Chincoteague Police Department.  The Council unanimously adopted the State Motor Vehicle Code to go into effect at 12:01 a.m. on July 1, 2007.

Proposed Zoning Changes for Condos, Town Houses and Multi Family Dwellings
Town Planner Jared Anderson presented the following staff recommendations:
•    Condos, town houses and multi family dwelling in C-1 and C-2 districts should be allowed only as a conditional use and not, as currently allowed, as a use permitted by right.
•    Condos, town houses and multi family dwelling in the R-3 District should be allowed only as a conditional use and not as a specifically enumerated exception.

Town Attorney Jon Poulson provided two alternative wordings of ways to implement these proposals.  The Council referred this matter to the Planning Commission.

Announcements and Comments
Councilman Howard extended his congratulations to Dr. Wolffe on his completion of a course of instruction at Harvard University and his subsequent certification to deliver acupuncture as a medical treatment.

He also requested that more information about the effectiveness of the recycling program be made available to the public.  He expressed concern that too many people believe that recycling is ineffective and that the contents of the recycle bins often end up in the land fill.  Mayor Tarr explained that this was no longer true.  The County has a contract with a recycler who hauls recycle materials out of the county and put them into a larger recycling market.

Mr. Howard asked if it would be possible to identify for the public those automobile service stations that will accept used motor oil for recycling.

Mr. Howard asked about the status of the house on Bunting Road next to Greenwood Cemetery.  This structure is covered with vines and appears to be abandoned.  Vice Mayor Speidel commented that the Community Enhancement Committee had looked at an ordinance to address this kind of issue.

Councilman Wolffe reminded the Council that the comments made by Kelly Fox needed to be addressed in the appropriate committees and the Council needed to understand the issues and respond.

Vice Mayor Speidel asked about the status of the proposed student newspaper.  Mayor Tarr responded that the first issue was almost ready for distribution.

The public meeting adjourned at 10:38 p.m.

The Council entered into a closed session to discuss personnel matters and special awards (scholarship)

Notes by Barbara Thackray and Bill Troxler

N.B.  These notes do not constitute the public record of this meeting.  The information contained herein is offered in good faith, is presented as accurately as possible, is thought to be a complete account of the proceedings.  These notes are intended to be a public service devoid of political commentary for those who are interested in following the civic affairs of Chincoteague Island. Notes of the meeting are recorded, transcribed and distributed by volunteers who receive no financial compensation for their efforts.