The October 6, 2008 Town Council meeting addressed these matters: Public Participation; Adoption of Minutes; Resolution in respect of Dr. Amrien; Auditors report; pending seaside application of the Chesapeake Bay Act; Accomack County Board of Supervisors update; Public Works report; Resolution in support of the Assateague Lighthouse; and Mayor and Council members comments.
The agenda,
backup materials and an audio recording of this
meeting are available on the
Town website. Click here.
Attendance
Present: Mayor Jack Tarr and Council members: Nancy Conklin, Jim Frese, John Howard, Terry Howard, John Nelson Jester (Vice Mayor), Ellen Richardson.
Staff present: Jared Anderson, Town Planner; Edward Lewis, Chief of Police; Robert Ritter, Town Manager; Jon Poulson, Town Attorney.
Mayor Tarr convened the meeting at 7:40 p.m.
Approximately 40 citizens were in attendance.
Public Participation
(1) Tommy Clark stated that for unknown reasons, the Health Department is currently requiring vendors to apply for individual health permits for large food related events, such as the upcoming Chili & Chowder Cook-Off and the Oyster Festival. Mr. Clark said that in prior years, vendors were covered by a blanket permit at these events. Mr. Clark cited a Health Code section entitled "Exemption to Regulations," which states that food booths at fairs which sponsor a charitable purpose, are exempt from the requirement for separate vendor licenses. Mayor Tarr asked Mr. Poulson to look into this, before perhaps sending the exemption clause to the Ordinance Committee for review.
(2) Laurie Walton of Chincoteague said that a group of local business owners, numbering 22 people including herself, is "trying to extend the season" earlier this year, and is planning an early Holiday Celebration in certain shops on November 1st and 8th (Saturdays). Laurie requested Council put the holiday decorative flags up early on Main Street, to include these pre-Thanksgiving dates.
(3) Jane Wolffe, formerly of the Planning Commission, said "good news" results from the recent signing of the lease for the old NAPA Auto Parts building on Church Street. The YMCA plans to operate a public fitness facility out of this building, pending current deliberations and planned fund raising efforts. Ms. Wolffe thanks former Councilman David Ross in particular for his support of this initiative, which was first introduced to Council in September 2005.
Adoption of Minutes
Council members took two exceptions to adoption of the Minutes of the September 18th meeting:
(1) Councilman Frese noted that the Parking Ordinance section 6.6.22 states "All Best Management Practices shall be approved by the Zoning Administrator and if applicable [should be approved by] the Planning Commission…." Mr. Frese said that Town Council not Planning Commission should have final oversight of these Practices. Mayor Tarr said this question will be included as an Agenda item in a future Council meeting.
(2) Councilman T. Howard said that he did not second a motion re the Animal Ordinance, Chapter 10, "to assist Animal Control in trapping animals and to appropriate $500 for traps." Mayor Tarr said this question will be "researched on the tape" and corrected if necessary.
Dr. Donald J. Amrien
Mayor Tarr read into the Minutes a Resolution in Respect for Dr. Donald J. Amrien, recently deceased long-time Chincoteague "physician, caregiver and friend." The Resolution, which will appear in local newspapers next week, cites Dr. Amrien's "conscientious, diligent, and unselfish dedication to those in need."
Auditors Report
Aaron Hawkins of Robinson, Farmer & Cox reported on the FY 08 Town audit. This fiscal year began July 1, 2007 and ended June 30, 2008, and the report is dated October 2, 2008. It is available for reference in the Town offices. The Town issued no new debt in FY 08. Capital assets for two large projects (Curtis Merritt Harbor and the municipal water tower) decreased by $8k due to reclassifying $1.87 million in the Water Fund construction-in-progress account, to a depreciable infrastructure asset. Mr. Poulson clarified that "...the Town is not borrowing [money] from any capital fund to subsidize operations."
Fund balances designated by the Town Council are invested in the local government pool. The year end balances are:
$96,910 Drainage
$184,982 Boat Ramp Repairs
$88,600 Land Acquisition
$60,000 911 Emergency Equipment
$430,492 Total
Mr. Hawkins noted that his firm has advised the Town to estimate their liability for post-retiree health benefits; they will need to report on this by June 30, 2010.
Seaside Application of the Chesapeake Bay Act
Mr. James McGowan, Planning Director for Accomack County, spoke on highlights of the seaside application in the County, of the Chesapeake Bay Water Preservation Act. In August the Board of Supervisors voted to propose extending the Act to seaside. There is a joint public hearing scheduled for 7 p.m. on November 12th at Metompkin Elementary School, to vote on the adoption of the extension of the Act to seaside.
Highlights of Mr. McGowan's talk:
The purpose of the Act is to protect water quality for acquaculture, fisheries and recreation upon which the region economically depends. Applying the Act to seaside is pro-active, and there are really no 'cons'; if we have regulations in place we will be able to manage new development as it takes place. The Act does not apply to Federal lands nor to Towns such as Chincoteague. Chincoteague wells on the mainland are also exempted, as are utilities such as fresh water delivery lines under the marshes. The Act is implemented via zoning ordinance, and enforced by the County and the State. Erosion and sediment control are handled by the State.
The Mayor and several Council members expressed concern that adoption of the Act's more strict standards, including revised buffer zones of 100 ft., by neighboring Federal entities such as NASA and the Assateague National Seashore, will negatively impact Chincoteague. Mr. Poulson recommended not mapping the Federal lands. County Attorney Mr. Mark Taylor, who accompanied Mr. McGowan to the podium, said that the Federal government is a "superior sovereign" and can treat the new regulations as applicable "if we map it or not." Mr. Taylor recommended the Town prepare a letter to the Board of Supervisors, requesting either (1) notation on the map, or (2) to make the Federal lands "white, like the Towns" on the map for the proposed extension of the Act. The map color white indicates exemption from the new regulations.
The Mayor questioned Mr. McGowan on potential issues with building Wallops Research Park, in the face of the new regulations. Mr. McGowan said that the Park is building a 100 foot buffer along Mosquito Creek, in anticipation of the Act's extension.
Mr. Jester said he though the seaside bays are very different in ecology from the Chesapeake, and same standards perhaps do not apply. He said the (seaside) bays get flushed daily from ocean currents and tides, and there are few polluting industrial parks here like there are in Md. and Pa. Mr. McGowan responded that it is the intent of the Board to put in place "best management practices and buffers for all site development throughout the County" and to protect water quality whether bayside or seaside.
Mayor Tarr questioned whether there are problems in seaside water? Mr. McGowan responded with a Health Dept. survey which indicates 2,278 acres are currently condemned or have contaminated shellfish beds. This data comprises 17 creeks and 14 areas; Mr. McGowan read the names of each creek and area to Council. Mr. McGowan also cited the County Comprehensive Plan for more information on seaside pollution such as algae blooms in bays, low oxygen fish kills, and other water quality indicators.
When Mr. McGowan left the meting, Mayor Tarr noted that Mr. McGowan seemed to provide "only positives" of the Act's extension, and "no cons." Mayor Tarr still publicly expressed skepticism in endorsing the Act's extension to seaside. He noted the upcoming November 12th meeting date, which will decide the fate of the Act.
Accomack County Board of Supervisors Report
Ms. Wanda Thornton, Accomack County Supervisor for the Chincoteague District, reported on the status of some County initiatives. She opened by saying, in response to Mr. McGowan's presentation, that "there is no clear evidence that development is polluting seaside." She said she was a dissenting vote on the Board, in endorsing the extension to seaside. She said that condemnation is so high due to "little canals and creeks that can't flush" and that "the DEQ has concluded that some (water) bodies will always be impaired." She said the Act's requirement to pump septic every 5 years is an onerous burden for low income residents in these times, and there is currently no place in the County to dump the volume which would be pumped. The current charge to pump a residential system is $300. Eight (8) million gallons of County sludge a year is currently being dumped. Ms. Thornton said farm runoff is the biggest contributor to water pollution, and is made worse in the County by "thousands of acres of impervious surface" due to "plasticulture" used chiefly in tomato cultivation. Ms. Thornton therefore said she thinks extension of the Act to seaside is not justified; and, if approved, it will be costly to residents and will not make a difference to water quality.
In the matter of the appeals to the Equalization Board, Ms. Thornton said "it will take four years to straighten this out," because the process is lengthy and burdensome to residents who appeal. Ms. Thornton has held workshops and is processing applications. Appeals must be filed within three years of the re-assessment. Ms. Thornton said taxes are "going up by six cents next year" and will remain in place until a new re-assessment is done; she therefore urged residents to appeal now if they think their property was not valued correctly in the latest re-assessment.
The Board of Supervisors has created a special services (tax) district for the Wallops Research Park, which is being developed currently. This will provide revenue for needed infrastructure there.
Ms. Thornton solicited the Town for recommendations to fill a vacancy on Parks & Recs. This slot will represent Chincoteague.
On October 16th from 9 to 11 a.m. and 6 to 8 p.m. there will be an Alternative Transportation Study, which can impact parking at the refuge and beach, and all aspects of vehicle and bicycle transportation "from Rt. 13 to the beach."
Ms. Thornton's other comments include:
• Chincoteague EMT's are unionized
• Larry Forbes (County Economic Director) is "trying to do a good job"
• the proposed County PSA (public service authority) has "been voted down for now."
Ms. Thornton next presented Mayor Tarr with a County check for $8,000 (annual stipend in lieu of service) for Chincoteague drainage.
In response to Ms. Thornton's presentation, Mr. Poulson requested the Town prepare a letter to the Board of Supervisors, requesting that Federal lands be expressly excluded from the map for the extension of the Chesapeake Bat Act to seaside. He said "We may be giving (the Federal government) a vehicle to impact us negatively." Mr. Jester said that the Federal gov. will "want to be a good neighbor" and enact all local laws, such as the CBA extension standards. Ms. Thornton said this occurred when the Federal parks adopted the nudity and alcohol standards, to be in step with Chincoteague laws and standards at the time. Mr. Jester said he believed these laws are "concurrent" and not "exclusive," in which case state and county laws apply to Federal lands. Ms. Thornton said "Time is running out…they (the Board) want to pass it."
Ms. Thornton requested that a "Children Playing" sign be put up near the Deep Hole curve (near her daughter's home), because children live in proximity to this dangerous area.
Public Works Committee Report
Issues addressed in the September 3rd meeting include: possible changes to sidewalks and entrances at the Shore Stop property on Main Street; the Committee is reluctant to modify the current Branscome contract; Mayor Tarr asked Michael Crosby, Director of Public Works, to develop a "priority list with estimated costs" for PW projects. In response to a request by Ms. Ellen Richardson, PW is looking into a "sight distance situation" at Beebe and Main, and fire cleanup at a Misty Meadows property. Mr. John Howard asked about the status of the drain cleaning equipment; Mr. Crosby said he is working on it. Mr. John Jester suggested Chincoteague use the Federal Services Supply Contract to purchase a budgeted waterworks generator.
Assateague Lighthouse
The Council unanimously adopted a Resolution to request the Virginia Department of Transportation to "undertake an Enhancement Project" for restoration of the Assateague Lighthouse. The resolution is required in order for agencies to apply for State funds to restore the lighthouse. The Chincoteague Natural History Association, in partnership with U.S. Fish & Wildlife, plans to apply for such funds.
Mayor & Council Comments
Councilman Howard reminded all present that the next meeting of the Harbor Committee is October 8th at 6:30 p.m. Harbormaster Wayne Merritt will give an update, and there will be a presentation by a Cambridge, Md. boat lift contractor. Regarding his Cemetary Committee membership with Gary Turnquist, Mr. Howard noted that cemetery cleanups will be conducted by November 17th. Mr. Howard suggested Council designate a date prior to this as a "Decoration Day" to encourage the community to decorate and memorialize graves and cemetery stones, in conjunction with the Centennial celebration.
Councilman Jester said he is planning another Centennial celebration in November 2008, designated "Island Family Heritage Day," with no formal program as in March, but this time a focus will be specifically on family histories in the culture of Chincoteague. Councilman Jester also asked Council to fund a commemorative plaque in Reed Park "by the flagpole," to honor the Centennial Year.
Councilman Jester requested Council prepare a letter to the Accomack County Board of Supervisors, in support of funding the County Assessor Office full time; and not transferring the Assessor responsibilities to the Commissioner of Revenue.
Councilman Jester noted that another bridge update ("Is the project on track?") is needed and should be included in a near term Town meeting. Specifically he noted concerns over the Town's readiness with regard to the project's completion--e.g., the Welcome to Chincoteague sign; traffic lights and roadways; and landscaping decisions. Mayor Tarr responded that he plans to meet with the three residents whose property abuts the bridge entry on Maddox and Main Streets; he said they "will become part of the planning process."
Councilwoman Richardson reminded those present that Sunday October 12th from 1 to 3 p.m., the Oyster Museum will host a free Open House and musical performance by Bill Troxler, a local hammer dulcimer musician.
Chief Lewis requested Council set aside the second Saturday of September 2009, for another Police Department Poker Run event, like this year's which was held last month (September 2008). Chief Lewis said the 2008 event raised $16,000 for local charitable purposes.
Mayor Tarr said he and Ms. Thornton plan to meet on Wednesday, October 8 at 5 p.m., with members of Rural Health and PRMC, to gather information on local health care and discuss extended care possibilities (after hours and weekends) for Chincoteague.
Mayor Tarr proposed creating a memorial fund in Dr. Amrien's honor, specifically one related to the Library. He said he spoke with Linda Ryan and learned that a donation of $1,000 merits an Honor Board citation for the new Library. A Library "named room" might be another use of the fund. Mayor Tarr said that money would be collected from citizens and deposited into an account. He said Dr. Amrien's family is currently trying to sell the practice.
The Council adjourned to a Closed Session at 9:25 p.m.
Notes prepared 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, 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.