Metompkin Elementary School, Parksley, VA
These notes follow the meeting Agenda, in the order that the agenda items were addressed in the Meeting. This order may deviate from the published Agenda. Formal agenda items are noted in [BRACKETED CAPS].Agenda materials and the audio recording of this meeting may be found through
this link:
Board of Supervisors Agenda, Audio, Backup MaterialChairman Ron Wolff called the regular session to order at 6:00 PM. All nine Accomack County Supervisors were present; the County Administrator and the Director of Planning; the County Attorney; and the School Superintendent. Approximately 60 were in public attendance.
Initial actions were an Invocation by Rev. Donald Broad, the Pledge of Allegiance, and the unanimous Adoption of Agenda by the Board.
[PUBLIC COMMENT} segment (speakers observed a mandatory 3-minute time limit):
Kay Lewis, of the Accomack County citizen advocacy group "Hear our Voices," urged the Board to obtain the opinion of the State Attorney General (AG) in the matter of awarding the Board of Supervisors "premium (health) benefits" in the face of major budget cuts to the school for FY 09. Ms. Lewis noted that "the [Board of Supervisors} provides themselves benefits which exceed the benefits provided to County employees."
Wayne Wills of Tasley, Va., also of "Hear our Voices," cited the difficulties for many County property holders in raising the "$100 to $300" for an appraisal, in order to challenge the recent property assessment.
Maria Paciaretti of Atlantic, Va., said "no motion by a Supervisor should ever be denied a second," this in order to "air all sides of an issue." Ms. Paciaretti noted that verbal votes should resolve differences; and she urged Board members to "voice their opinions to get feedback from their constituents."
Sue Boggs of Assawoman, Va., and Assawoman United Methodist Church, urged the Board to commission a traffic study in the village of Assawoman, where she stated the roads are becoming a "raceway."
Emily Brothers, also of Assawoman, noted "blind curves" on Rts. 679 and 803, and truck, farm equipment and horse trailer traffic related to Darby Farms and Chester Packing Company. She urged a speed limit reduction to 35 mph in this vicinity, a "Reduce Speed Ahead" sign posted on Rt. 679, and a double yellow (no passing) sign from Chester Rd to the Assawoman Post Office (one mile). She said residents are concerned there could soon be serious vehicular accidents if these changes are not made.
Lois Cooper of Pungoteague, Va., thanked the Board for their efforts on the 2008 Comprehensive Plan, and thanked "all who supported it." She also cited appreciation for the work of the Tourism Board, and for the services of Mark Taylor, County Attorney.
James Frese of Chincoteague, Va., requested that the Board conduct all discussions regarding the people's (legal) reassessment appeal, in open session. He said "This reassessment was not done properly," and he also noted that 7 of 9 Supervisors requested reductions of their own reassessments.
Wesley Edwards (residence and affiliation unknown), said "Onancock is in an uproar," because the Town does not understand enough about the (new) Public Service Authority (PSA) which is "on tonight's Agenda." Mr. Edwards recommends work sessions and public hearings to meet address the current lack of information on a County PSA.
Bob Gresham of Accomac, Va., said "Loaning the PSA $100k would border on criminal action," in view of the recent school budget cuts.
[CHAIR'S COMMENTS] Chairman Wolff's said that his own District 2 meeting was held on Monday May 19, 2008, at which Del. Lynwood Lewis provided an update on the State's budget and on transportation issues. Chairman Wolff said that about 38 folks attended, and that Del. Lewis "asked for [public] recommendations about how to fund upcoming transportation projects."
{CONSENT AGENDA] The following items were passed by the Board:
1. Schedule a Public Hearing on June 18, 2008 to hear public comment on:
• The abandonment of Rt. 841;
• Granting an easement to ANEC for underground wire in Melfa, Va.;
• Advertise for public hearing to establish salaries of Board members for FY 09;
• Advertise for public hearing to amend County Code (Code) by adding "Fire Lanes";
• Advertise for amendment to Code relative to Consumer Utility Tax;
• Advertise for amendment to Code regarding deleting Nursing Home; Commission and Eastern Shore of Virginia Economic Development Commission.
2. Emergency Resolution to petition the Commerce department for relief to the working watermen of Virginia.
3. Resolution to recommend initiation of Virginia Association of Counties (VACO) action towards amendment of the Constitution of Virginia.
4. Consider maintenance issues related to the Social Services building.
5. Donation of roll-off truck to the Town of Tangier, Va.
6. Preparation of a Letter of Commendation for Cody Halliday for his heroic actions in saving the lives of his family during a recent fire.
7. Renew contract with Commercial Risk Consultants, Inc., for the provision of insurance consultant services.
The following item passed but was voted "No Support" by Supervisors Thornton and Gray:
1. Award of RFP #211 for Engineering Services for ad hoc site plan reviews on an "as needed" basis by the Planning Department. Upon questioning by the Board, Mr. James McGowan said that the consultant firm's services would only be utilized for urgent reviews and in cases where no Staff were available. Mr. Mallette noted that the cost is within Planning's budget, and the services would be used the expedite site reviews. Ms. Thornton said that she will not support it, especially in the face of the current County hiring freeze.
[RESOLUTIONS OF RECOGNITION] A plaque was next presented by Chairman Wolff to the Oak Hall Rescue Company, on the occasion of their 50th Service Anniversary. Mr. Chesser cited appreciation for their long, reliable service and "a job well done."
[REPORT] of the Blue Ribbon Water and Sewer Committee (members are Mr. George McMath; Mr. Henry Custis; Mr. Carter Davis; and Mr. Berran Rogers).
Mr. George McMath presented. The Committee recommends creation of an Accomac County Public Service Authority (PSA), appointed by the Board of Supervisors, in order to remove operational issues from a political arena. Recommendations by the Committee are as follows:
• The PSA would be empowered to own and operate facilities, and to contract with public and private entities in order to realize greater operational and cost efficiencies;
• The PSA would be non-profit and "reasonably compensated," and to consist of approximately full-time 5 members and no elected officials;
• $100,000 in start up funds would be awarded the PSA, to be re-paid over 3 years;
• PSA initiatives at start up include de-salination project assessments; new facilities for accepting septic waste; and outreach work in the Towns to assist with issues such as land application vs. discharge policies.
The Board voted unanimously to accept the Committee's Report and Recommendations, and scheduled a first public work session on June 3, 2008 in Accomac. A Public Hearing date will also be subsequently established.
[HIGHWAY MATTERS] Mr. Tim Holloway (VDOT) reported that installation of traffic signal photo (camera) enforcement costs $100k for each system installed. He noted the maximum ticket is $50 and therefore 2,000 tickets would be need to be written "in order to break even." In response to query by Mr.Hart, Mr. Holloway said that this (cost) excludes both the "up front study" needed to validate a need for the devices, as well as services to read the devices, and write the tickets and collect the fines. Mr. Hart stated that the County is responsible for such devices, not the State. Mr. Holloway noted that many close-by jurisdictions (he mentioned Hampton Roads, Va.) have decided not to use the cameras due to their inherently high costs. He stated that Accomack County would "qualify for 3" devices due to its population size. The Board requested Mr. Holloway check into where the funds would come from to pay for the devices--e.g., is there VDOT funding available for these? Chairman Wolff next requested Mr. Holloway to look into the Assawoman, Va. possible road and signage problems cited earlier in the PUBLIC COMMENT segment; and the possibility of a "Children at Play" near a specific location (address given) in Sanford, Va. Mr. Chesser next asked Mr. Holloway to investigate a possible lower speed limit on Rt. 13 in Onley, since there are many traffic lights along the route.
[REPORT OF PUBLIC OFFICIALS]Ms. Dana Bundick, Treasurer, was present but did not deliver a Report. However Ms. Bundick stated from the audience that the new computer system is operating well and that an upgrade will be installed. In response to query from Mr. Mallette, she said that financial reports for tax collections will next be available in June or July.
Mr. Richard Bull, Schools Superintendent, reported that the Department voluntarily reduced its FY08 appropriation by $27k due to actual premium costs in the current fiscal year. Last year $455k was appropriated for health insurance premium increases, but only $428k was actually needed to cover these increases, resulting in the budget surplus. Mr. Bull also said that a required Public Hearing will be held at the next School Board meeting, regarding the appropriation of Federal grant funds and initiatives in excess of $500k.
Mr. James McGowan, Planning Director, reported that the next Planning Commission (PC) meeting is June 4, 2008. Highlights this month are:
• The Agriculture and Forestal Committee has trouble maintaining a quorum because 2 members consistently do not attend;
• The Comprehensive Land Use Plan was adopted "last week" after a public hearing;
• The Department completed 2,000 mailings for the 2008 Chesapeake Pump-Out Program; a grant assisted with the cost of postage;
• There is an upcoming DAWN (Delmarva Area Water Network) workshop at Eastern Shore CC--the topic is land use vis a vis water quality, and new software to estimate the impacts of growth.
[PUBLIC HEARINGS]No members of the public arose to speak, or presented written comment on the below matters:
1. County Code amendment regarding Polling Places. Mr. Taylor described this matter as a "re-adoption of an amendment previously adopted as an emergency enactment."
2. County Code amendment to Open Burning provisions. Mr. Taylor said this action is to delete conflicting Code in Sec. 4252 which provides for an "archaic penalty."
The Board passed these unanimously.
[OLD BUSINESS]The County Strategic Plan, though placed on tonight's Agenda, is not available for discussion yet.
[COUNTY ADMINISTRATOR'S REPORT]Mr. Minor reported that the procurement process is proceeding for the selection of a Facilitator for the Fire Commission. In an unrelated matter, Ms. Thornton questioned whether the Broadband Committee had "sent (Mr. Minor) the information." Mr. Minor responded that this matter involves the Commission's ability to "serve as a fiscal agent for the Authority (the PDA)," and that it "will not require Supervisor attention at this point." Mr. Gray next asked about radio service in Captain's Cove area, in the north end of the County. Mr. Minor responded that what is needed is a study and cost analysis, and that more will be done and heard on this issue when the 911 Board assigns a new Director, whom he noted is also a former Director, in June 2008.
[COUNTY ATTORNEY'S REPORT]Mr. Taylor requested the Board consider an advertised salary increase of 5% per annum, which would bring the salary to $7,350, and an allowance of $1,800 for the Chair and $1,200 for the Vice Chair. Mr. Mallette motioned that no salary increase be made to the Board's salary. This motion passed unanimously.
[BOARD OF SUPERVISORS COMMENT PERIOD]Ms. Thornton made a Resolution to recognize Donna West, of Chincoteague, for her two years of service on the Board of the Eastern Shore Community College. This was unanimously approved. Ms. Thornton next made a motion to obtain an opinion from the State Attorney General as to the legality of paid health insurance coverage for the Board, because the County Code is "vague" and public interest mandates this. Rev. Broad then interjected from the podium that [Roberts Rules require that] motions and voting cannot be made during the BOARD COMMENTS segment. Chairman Wolff then initiated a motion to suspend the Rules in order to make motions, as one motion (Ms. Thornton's) had already been voted on. Ms. Thornton seconded this. Mr. Mallette next said that Rev. Broad is correct, that the COMMENTS phase is to "just plant the seed of an idea," and voting should be prohibited. Ms. Thornton responded that "this is stonewalling because they do not want to vote on this [AG opinion on legality of the Board's paid health benefits]." Chairman Wolff resolved the issue at hand by ruling that "after tonight" no voting will be allowed in the COMMENTS phase. Ms. Thornton added that the Supervisors need not "go through the Chairman" to request an Agenda item be included. Ms. Thornton then mentioned that she "never got an answer" from Mark Taylor (County Attorney) when she asked him this month whether income taxes were due on the health benefit. Mr. Hart next stated that "this Board did not vote on salary and insurance" and that public perception of this issue is actually an "old Board vs. new Board" issue. Mr. Mallette commented that retiree health benefits for 8 County retirees be put on next month's Agenda, until the cost to administer this is "turned over to a Plan administrator."
The Meeting was adjourned at 8:10 PM.
Notes by Victoria Weiskopf
N.B. These notes do not constitute the public record of this meeting. The
information contained herein is offered in good faith and is presented as
accurately as possible. These notes are intended to be a public service devoid
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