Chincoteague Reports

March 1 Chincoteague Town Council Meeting

Chincoteague Beacon
March 4, 2010
New bridge on track for April 2 opening
By Greg Merritt
Staff Writer

CHINCOTEAGUE -- The new bridge to Chincoteague is on schedule for an April 2 opening if the weather cooperates. That was the message delivered to the Chincoteague Town Council Monday evening by Tom Rakowski of the Virginia Department of Transportation.

Despite all the adverse weather conditions encountered by the area so far this year, employees of American Bridge have been able to make headway on the new bridge and the April 2 date seems to be in reach.

"Depending on the weather we may be able to beat that target date," said Rakowski.

Rakowski said workers have been able to work on the new path to Chincoteague and the spur that leads to Marsh Island in recent weeks.

There remain, Rakowski stated, a few temperature sensitive jobs to be done, such as the road stripes on the new asphalt.

Drivers to and from Chincoteague in the coming weeks will see a new one-way path to Chincoteague as workers shift their attention from one side to the other.

"We need to shift the traffic one more time," said Rakowski. "The present detour road covers up part of the ramp."

The plan is to switch the detour to the north side and finish paving on the south side of the detour. "When we finish the south side and we take that detour sign down the bridge will be open for traffic," said Rakowski. "That will probably be the last two weeks in March."

Rakowski said the drawbridge has been undergoing "testing procedures" the past few weeks and everything seems to be going smoothly.

"Everything is functional on primary and backup power," he said. "And the span should be fully operational by the end of this week."

The new traffic signal will be state-of-the-art with an override feature that allows ambulance drivers to activate a green light while on emergency calls over the bridge.

"We've learned that there is a freight train of modular homes waiting for the bridge to open," said Rakowski. "We did our best to expedite that because some them are so big and wide they just can't get through that 'S' turn."

Rakowski said that some of council's ideas have been incorporated into the new bridge, including placing crape myrtles instead of loblolly pines near the entrance.

The main bridge is planned to be open by April 2 and the spur to Marsh Island should be completed by Aug. 26. Rakowski said the demolition of the old span should be complete by Dec. 13.

Rakowski and representatives from American Bridge and VDOT will meet next week for an informational meeting on how to proceed.

He said there will be time to have an "open house" for the new bridge and the old bridge before the demolition.

Rakowski said he had one request from a 92-year-old lady who as a child used to jump off the old bridge. She wants to be among the first to cross the new span.

In other council news from Monday's meeting:

The council voted unanimously to spend $5,000 to obtain a matching grant from the Virginia Commission for the Arts for the Chincoteague Cultural Alliance. The CCA has an busy schedule planned this year for movies and concerts at the Robert Reed Downtown Park and many other activities throughout the year. CCA president Bob Behr requested the matching grant.

The council voted 5-1 for a new Wind Energy Ordinance that would regulate wind turbine use. Councilman Jim Frese voted against the ordinance. Frese had made a motion to make the wind energy use a special use that would have saved applicants money and time, but the motion did not get a second. On a separate vote council voted unanimously to set the application fee at $450 instead of the $1,500 in the original proposal.

The council voted unanimously to apply for a USDA Community Facilities Grant for five mobile data, laptop computers for the island's police department. The town's portion of the purchase is $17,500. The grant will be for $52,500 or 75 percent of the purchase.

Councilwoman Ellen Richardson reported that there will be a cemetery cleanup on March 13 at the Taylor Cemetery on School Street. Everyone is invited to participate. A rain date of March 20 has been set.

Richardson also announced that March 20-27 has been set as Island Cemetery Clean-Up Week.

Bryan Rush, chairman of the town's Health Insurance Committee, gave a lively presentation about the town employees' health insurance problems. Faced with having to acquire a new health plan the committee has presented council with a plan, but council took no action on the plan at Monday's meeting.

The long and winding road of Phillip P. Ettinger's request to rezone a plat of land on North Main Street from R-1 to R-2 got a bit longer Monday night. The council voted unanimously to give the Planning Commission 30 more days to present a recommendation to council.

Town planner William Neville reported to the council on the Enterprise Zone update. The town has until April 1 to decide what to do with the zone and will make a decision at a later meeting.

The council decided to let Town Attorney Jon Poulson look at the proposed Sign Ordinance on political signs before making any decision on the measure.

An interesting exchange took place when council members discussed the shortage of doctors on the island and the lack of 24-hour a day coverage. "Stocks fell and Dr. Amrien died," said Councilman John Henry Howard. "We won't remember the stocks, but we'll never forget Dr. Amrien."

A proposed change in the Home Occupation Regulations Ordinance was not acted upon by the council. The council sent the measure to the Planning Commission for more examination and a recommendation.

The council voted unanimously to go into executive session to confer with Poulson on a legal matter and to discuss a prospective business.

The Town Council had an executive meeting at the end of the Feb. 1 meeting where members returned to open session and voted unanimously to hire Springstead to do a financial audit to review all the town's revenues and expenditures. Councilwoman Nancy Conklin was absent from that meeting.

During the Open Forum at the beginning of the meeting, resident Peggy Thomas complained to the council about the move to start council meetings at 6 p.m. When asked for a show of hands, the majority of those present at Monday's meeting supported a 7 p.m. start time.

Resident Helen Birch added her voice to the many who have questioned real estate assessments on the island.

Resident Helen Merritt voiced her concern about the lack of doctors on the island.

Resident Joe Justice appeared before the council to ask if anything has been done to help the drainage situation near his property on Chicken City Road.

Capt. Robby Fisher reported that the Chincoteague Police Department has been approved for a grant for some bulletproof vests for its officers. The department has begun to aid Jay Lewis in his battle for transplants with a dinner planned. The department also is planning a Bike Rodeo on May 8.

Town Manager Robert Ritter said that auto decals would go on sale at the town office on the 15th of this month. He also stated that the town's transient occupancy tax revenues were up, but that sales tax revenues were down.

Bryan Rush said that Emergency Management would hold a public safety forum on March 17 at 6 p.m.
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This article is redistributed by permission of the Chincoteague Beacon.

February 1 Chincoteague Town Council Meeting

Chincoteague Beacon
February 2, 2010
CHINCOTEAGUE: Weather postpones completion of new bridge until April
By Greg Merritt
Staff Writer

CHINCOTEAGUE ­ The Chincoteague Town Council dealt with a wide range of measures Monday night at its regular monthly meeting, ranging from the delayed opening of the bridge under construction to garbage containers.

Mayor Jack Tarr gave the bad news about the island's new bridge near the opening of the meeting. The Virginia Department of Transportation’s Tom Rakowski was slated to address the council, but scheduling conflicts kept him away from the meeting.

In a news release, presented to the council, VDOT announced the completion of the main line bridge would be delayed until April 1.

"This delay is due to abnormally cold and wet weather in the area and the need to ensure the planned settlement of the supporting soil under the new roadway on the western approach has reached an acceptable level," stated the release.

The spur bridge to Marsh Island and the demolition of the old swing bridge should be completed by December of this year.

"I think this is a more realistic time frame," said Councilman Terry Howard. American Bridge, the contractor for the construction, has had different finish dates ­ August, November and last month.

Record precipitation has cost time for project, that since last fall has had just one lane of traffic on and off Chincoteague.

Councilman John N. Jester said the new date would allow plans for island residents to take a walk of bike over the old bridge, before it is destroyed.

"It's nicer in April than it is in January," said Jester.

"I hope it is finished a day before April 1 or a day after," said Mayor Tarr. "I don't want the bridge to open on April Fool's Day."

The weather pays a huge part in the construction project.

“Temperatures must remain above 50 degrees over a consistent period of time for quality asphalt placement,” said Bud Morgan, Area Construction Engineer in the VDOT release, “or the pavement could fail causing additional expense and motorist delays.”

The release also stated the bridge project is currently within budget.

In other council news:

n Chincoteague Supervisor Wanda Thornton gave council an update on the workings of the Accomack County Board of Supervisors. Thornton lamented the fact that county real estate assessments have gone up, even in the recession that has gripped the nation. As an example she gave the Maddox Family Campground, whose assessment increased about $3 million.

"It just isn't fair," said Thornton, who said other areas of Accomack County did not rise.
Residents have only until Feb. 12 to start appeals.

"Chincoteague is paying its unfair share of taxes," said Thornton, and the council agreed.

Councilman John Henry Howard said in his lifetime he has seen discrimination based on race, discrimination of the sexes, but this "is discrimination of Chincoteague."

n Council authorized the purchase of a 2005 AVS RC85 skid steer loader (Bobcat) for the Public Works Department. The price is $21,750 for the Bobcat and $2,500 for the trailer.

Public Works Director Harvey Spurlock said the vehicle could be used for a variety of purposes, including snow removal.

n On a motion by Councilman John Howard, council acted to get out of the trash container business. As a convenience Council has been selling trash containers compatible with trash removal equipment operated by Davis Disposal. The containers sell for $58.

The vote was 3-2 to stop selling the trash containers with John Howard, Jim Frese and John Jester voting to stop the sale and council members Ellen Richardson and Terry Howard voting against the measure. Councilwoman Nancy Conklin was absent from the meeting.

n Cat Edwards updated council on the progress of the broadband coming to Chincoteague. She said it was important for the town to track the jobs created during the process and do all the required paperwork. The town has to provide funds to help the Eastern Shore Broadband Authority secure loans for the construction.

n Council authorized funds to hire Clark Nexsen to start the planning phase for Smith Street, Horseshoe Lane and Wayne Road. Residents of these areas have been flooded out for much of the past several months. Clark Nexsen provides plans and the work will be performed by the town's Public Works Department.

n Council voted to update the town's nuisances ordinance, upon the recommendation of Town Attorney Jon Poulson.

• Amber Parker, Director of the Marine Science Consortium on Wallops Island, gave council an update on the activities of her organization. New construction is ongoing on the Wallops Island site with expected completion date of August with a dedication planned for September.

n Jeff Potts was named as the new Planning Commission member.

n Seven citizens spoke during the Public Participation part of the meeting. Ron Mason said he was disappointed in the town's snow removal efforts. Public Works Director Spurlock stated, "We were not up to the task at hand." Spurlock said the island had 10 inches of snow and did not have the working equipment to deal with it.

n Joe Justice wanted to know if the town had contacted the Army Corps of Engineers about the flooding around his property on Chicken City Road. Justice has been before council before about the problem.

n Jane Wolffe appeared before council in support of broadband for the island and urged council to move forward with the project.

Donna Mason spoke to council in support of broadband. "Some say we don't need it, but we sure do," said Mason.

n Nancy Payne said she had an issue with health care on the island. She pointed to a lady who sustained a broken nose last summer on a Sunday and could not find a local doctor. Mayor Tarr said that the Kiwanis Club was working with rural health to help bring another doctor to Chincoteague in the near future.

n Leonard Jester said the lack of snow removal was a problem for the whole island. "I've never seen it so bad in all my life," said Jester. He urged the town to consider placing a drain near Chicken City Road and Maddox Boulevard.

n Helen Merritt praised the work of the town's Public Works Department. She said the damage done to her property when installing new water lines was fixed promptly.

Mayor Tarr surprised Merritt by telling her the town would be happy to display a plaque presented by Accomack County, honoring her late husband Paul B. Merritt.

n Police Chief Eddie Lewis announced the department's Bike Rodeo is scheduled for May 1. In other news, Lewis said he is working on a grant to purchase new bullet-resistent vests for police officers.

n In the past month the police department responded to 362 calls for assistance that resulted in 19 arrests.

n Council ended a busy night by going into executive session to discuss the award of a public contract.

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This article is redistributed by permission of the Chincoteague Beacon.

January 4 Chincoteague Town Council Meeting

Chincoteague Beacon
January 7, 2010
Council hears frustration over drainage woes
By Greg Merritt
Staff Writer

CHINCOTEAGUE -- Drainage, or the lack thereof, took center stage at Monday's regular monthly Chincoteague Town Council meeting as local residents used the public participation portion of the meeting to vent their frustrations.

Karen Jarvis and Patsy Savage brought pictures of the flooding that has taken place on Horseshoe Drive where they reside.

"Water is landlocked," said Jarvis. "And this is rain water."

Jarvis said the water is under houses on the street and has nowhere to go.

Savage, who has lived on the street since 1974, said the street "stays swamped with water and sewage is running into the water."

Savage said she has been talking with the town for years, but the flooding has been getting worse.

Public Works Director Harvey Spurlock said that Chincoteague has been subjected to 47 inches of rain since the first of July. "That's 10 inches above what we average for the year," he said. "We've had three events that are 25-year events this year."

"We know drainage has not been taken care of like it should have been," said Councilman John Henry Howard.

"We need a comprehensive plan," said Councilman John N. Jester.

The discussion briefly spilled into the public area of the council chamber with several people talking with members of council and the mayor.

"These people have a problem," said Councilman Terry Howard. "It's terrible."

Spurlock said he is formulating a storm management plan and hopes to have the plan ready within about a week.

The council voted unanimously to retain the services of Clark Nexen Architects and Engineers as a storm water management consultant to help deal with all the drainage issues on the island.

In other news from Monday's Town Council meeting:

The council welcomed new Town Planner Bill Neville, who replaces Jared Anderson, who also was present at the meeting. Anderson stepped down from the position to attend law school and was on hand at the meeting to help finalize the town's Comprehensive Plan.

Councilman Terry Howard praised the good work performed by the Chincoteague Police Department. Police Chief Eddie Lewis reported his department helped over 60 families during the Christmas season. He also reported his department raised around $30,000 that will be spent helping the community.

Town Manager Robert Ritter said that January is a busy month for the town office. The town is opening a Virginia Employment Commission satellite office to help set up the 20 new employees needed by the Broadband Authority. He noted that one hold up with the new cable is that it cannot be completed until the spur of the new bridge is finished.

Mayor Jack Tarr announced the winners of the town's annual Christmas decorations judging that took place just before the Christmas holiday. The Judge's Choice Award went to Jack and June Moyer, while the Most Festive Award went to Connie Bailey. The Most Illuminated Award went to Dill and Arlene Wilgus. The Most Traditional Award went to Ricky and Mandy Betts. Honorable Mention went to Barbara Kambarn, Chester Williams and Ray Rosenberger. Winners in each category received a $100 savings bond.

The council wrestled with a proposal by island resident Ruth Lane to have the town serve as holder of an easement making her one-acre lot an open space. While all the council expressed support for the open space ideal, some had reservations about the town's role in holding an easement on private residential property. Councilman John N. Jester expressed concern about the language of the proposal using the words "in perpetuity."

In the end, the council was divided on the proposal with Terry Howard, Nancy Conklin and Jim Frese voting in favor of the open space proposal and Ellen Richardson, John Henry Howard and John N. Jester voting against it. Mayor Jack Tarr voted against the proposal, sending it down to defeat.

The council unanimously approved a resolution authorizing the application for state aid to public transportation for the town's trolley service, the Pony Express. The service has a fiscal year budget of $75,400. Jack Van Dame presented the proposal to council.

The council sent a proposal to change the zoning from C1 to C2 on a parcel of land owned by Phillip P. Ettinger adjacent to Oyster Bay to the Planning Commission as required by law. The Planning Commission has 30 days to return the proposal to council for a vote. The proposal was presented by Jeff Potts of Coldwell Banker. Town Attorney Jon Poulson cautioned that the landowner search the deed carefully to make sure none of the covenants from Oyster Bay are part of the deed.

The council voted unanimously to accept a bid from Eastern Shore Surveyors to survey Ocean Boulevard extended for a possible bike path. The bid was for $2,000 to survey the path.

The council voted unanimously to re-appoint Mollie Cherrix and Ray Rosenberger to the town's Planning Commission. The re-appointment is for four years and will expire on Dec. 31, 2013. The council will accept nominations for a third position on the commission vacated by Bob Behr, who did not wish to be reappointed.

The council discussed an upcoming course for Planning Commission members and members of the Town Council. The Certified Planning Commissioner training will be held at the Eastern Shore Community College and will cost $450 per person. This is the first time the 10-week course has been offered on the Eastern Shore of Virginia.

Most of the council did not comment during the Mayor and Council Announcements or Comments portion of the meeting that came after more than three hours of regular meeting. Councilman Jester did mention three things.

First, Jester congratulated Major Randy Mills for successfully completing the FBI National Academy. Then he reported that the cabin being restored on North Main Street has been examined by experts, who state the building may be more than 200 years old. Thirdly, Jester reminded residents that Accomack County tax assessments received recently can be appealed.

Mayor Tarr said the council will have a workshop on Jan. 21 at the Council Chambers, beginning at 5 p.m.

The council ended the meeting by going into executive session to discuss "personnel matters." Mayor Tarr said employee evaluations would be discussed in the closed meeting.

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This article is redistributed by permission of the Chincoteague Beacon.

December 7 Chincoteague Town Council Meeting

Chincoteague Beacon
December 10, 2009

Chincoteague bridge on track for January opening

Officials report significant progress to Town Council

By Greg Merritt • Staff Writer

CHINCOTEAGUE -- The new bridge under construction at Chincoteague is on schedule for a January opening, Thomas A. Rakowski of the Virginia Department of Transportation told the Chincoteague Town Council on Monday night.[]

Despite early delays and adverse weather conditions the past month, American Bridge, the bridge's main contractor, has been making progress, Rakowski stated.

"We are on line to open the bridge to traffic in mid to late January," said Rakowski. "The contractor has made significant progress toward that goal."

Rakowski told the council the current one-way entrance to Chincoteague because of the bridge construction would remain in effect for 30 to 45 days.

"The main line deck is ready for grooving," said Rakowski. He said the draw span is now working on "temporary power" and full power should be ready soon.

Construction on the exterior of the control building is almost complete, awaiting an anti-graffiti sealant.

A few on council and some in the audience expressed concern over the bridge spur that connects Marsh Island with the main bridge. Rakowski said there are no plans to put a traffic light on the entrance to the spur. He said there would be some lights at the entrance for better visibility at night.

Once the main bridge is open, the contractor will turn his attention to the Wire Narrows bridge, which would be demolished after the new main bridge opens. People living on Marsh Island would have to use the old "draw" bridge until the spur was complete.

Rakowski said it would take about five months to complete work on the spur road to Marsh Island.

In other council news:

A few island residents spoke to council during the public comment period about the flooding that occurred on the island during the past months.

Joe Justice, who owns Uncle Joe's Cabins on Chicken City Road, said he has been flooded out four times in the past four months.

Michelle Martis, who lives on Ridge Road, said her home had been flooded and she has lost everything on the first floor of the home. She said she has insurance, but FEMA has not responded to help her. She now lives on the second floor of the home and said she has to destroy the first floor.

The council directed Town Manager Robert Ritter to help Matis with her paperwork with the federal program.

The council held a public hearing on a wind energy ordinance. After a brief description of the ordinance by Councilman John N. Jester, council referred the ordinance to the Planning Commission for review.

Dan Whealton appeared before the council during the public comment period and requested that the Chincoteague Causeway bridge names not be changed. The causeway is named after Capt. John B. Whealton and the bridges are named for the body of water they cross.

Willie Moore had appeared at the November council meeting and requested the new bridge be named after his late father, William Lee Moore.

Police Chief Edward Lewis reported that from Jan. 1 to Dec. 2 his department had 24,732 calls, including 2,005 calls for 9-1-1 assistance. There have been 3,516 calls for service and 201 arrests. During the period the department has issued 836 traffic summons.

"The crime rate is down a little bit," said Chief Lewis. Drug arrest were also down.

Town manager Ritter reported that his office received 26 applications for the town planner position. Of those, five have made it through to the interview process.

Ritter reported real estate taxes were down slightly. Most town revenue sources were reported down a slight amount.

Accomack County Supervisor Donald Hart was presented a Certificate of Special Recognition by Chincoteague Mayor Jack Tarr. It was the town's way of expressing its appreciation for Hart's service as chairman of the Virginia Association of Counties.

Hart was accompanied to the meeting by Chincoteague Supervisor Wanda Thornton, who introduced Hart to the council.

The council voted unanimously for authorizing the town as a local disaster on Nov. 13.

The council voted unanimously to accept a bid from Stattech Communications for a video monitoring system at the Curtis Merritt Harbor. The system costs $10,378.

The council agreed to act on an application to change the zoning from R-1 to R-2 on a piece of property owned by Phillip P. Ettinger on North Main Street, near the entrance to Oyster Bay II, until next month. The council has to refer the matter to the Planning Commission and since the Planning Commission does not meet this month, the council will send the application at next month's meeting.

Bob Behr appeared before the council in support of an Arts and Cultural District for the island. No final decision was made on the proposal, but there was discussion about making the district smaller.

The council concluded the meeting by going into executive session with Town Attorney Jon Poulson to discuss "legal matters" and "personnel matters."

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This article is redistributed by permission of the Chincoteague Beacon.

November 2, 2009 Chincoteague Town Council Meeting

Eastern Shore News
November 5, 2009
Council has a secret, may tell all in a month
By Greg Merritt
Staff writer

CHINCOTEAGUE -- The Chincoteague Town Council has a secret and for now the members are not sharing it with the public.

That was the most pressing news from Monday evening's monthly council meeting.

Members of the council talked about having a secret, but did not divulge just what the secret was.

Councilman John Henry Howard went so far as to propose the town delay hiring a new town planner to pay "attorney fees" for the secret, but still did not tell in open session just what has been going on behind closed doors --legal matters are lawfully discussed in close session.

Anyway, Councilman John Howard stated that the secret would be shared with the public in about a month.

He also withdrew his proposal to delay hiring a new planner.

The council went into executive session at the end of the meeting to discus "legal matters." Town attorney Jon Poulson did not attend the meeting.

In other council news:

Accomack County Supervisor Wanda Thornton spoke to council, giving members an update on the workings of the Accomack County Board of Supervisors. She said that in the near future the board may act to trim the number of supervisors from the present nine to five members, the old number that used to serve on the board. "We would have to take part of the mainland," said Thornton.

Joe Justice of Chincoteague spoke during the public participation portion of the meeting. He said his motel on Chicken City Road has been flooded four times in recent weeks. "I've been flooded with rain water," said Justice.

So far he has spent a little over $4,000 to repair the damage. He asked the council to install a floodgate near Capt. Bob's Marina to combat the problem.

Willie Moore spoke during the public participation portion of the meeting and asked the council to prepare a resolution to name the new bridge in honor of his father, William Lee Moore, who recently passed away.

Moore presented a petition to council with more than 300 signatures of local people who wanted the bridge named in his memory.

"He loved this island and its people," said Moore.

William Lee Moore was more popularly known as William the Fish Man.

Tommy Clark, owner of Don's Seafood Restaurant and Chattie's Lounge, asked the council to hire a new planner, after he noticed on the agenda a proposal to delay hiring a new planner.

Clark said with the coming of the new traffic pattern caused by the new bridge, the island needed a planner to help with potential problems.

Capt. Robby Fisher reported that the Chincoteague Police Department received 2,399 calls during the past month. Of those calls, 126 were for 9-1-1 and there were 62 ambulance calls. The police had 278 calls for assistance, three for breaking and entering, one DUI arrest and served 40 traffic summons. The police gave 30 warnings.

Fisher reported the department had received its new Chevy Tahoe and will have lights installed before it is ready for service.

Public Works Director Harvey Spurlock reported his activities revolve around drainage and clean-up activities. Spurlock has been working with VDOT to try to prevent future flooding where the new bridge connects with Maddox Boulevard and Main Street.

Spurlock told council "flapper" gates will be installed at various locations to help with flooding.

He told the council that the town's Christmas Decorations will be going up on Nov. 16.

Town Manager Robert Ritter reported the town's revenues from the meals tax and the transient occupancy tax have been about the same as last year.

He told council that Massey Design has been purchased by Bowman Consulting. Massey has been working on the Streetscape design for Main Street.

Ritter reported that VDOT is sticking with its schedule for the new bridge to be finished in mid to late January.

Because of bridge construction on Nov. 12 or 16, there will be a lane closure from 8 p.m. to 2 a.m. New beams will be arriving.

The lane will be open only for emergency vehicles during the time of closure.

The council voted unanimously to approve a lot line vacation on lots at Silver Sails for Mr. and Mrs. William R. McCain and Mr. and Mrs. Jay D. Parsons.

Mayor Jack Tarr signed a proclamation proclaiming Nov. 8-14 at Cemetery Cleanup Week within the Town of Chincoteague.

Mayor Tarr presented a $2,000 check to Councilwoman Ellen Richardson for the Oyster and Maritime Museum. Richardson invited everyone to come to the museum and see all the interesting displays.

Councilwoman Richardson stated the next cemetery cleanup will be Saturday from 9 a.m. to noon.

She announced that an anonymous donation of $1,000 had been received to purchase a vault at Thornton Cemetery.

The council approved unanimously a motion to change the availability fee for connections that do not add to increased demand. In such cases the fee "shall" be waived.

The council voted 5-1 for changes in the Parks and Recreation ordinance. Councilman Jim Frese was the only vote not in favor of the changes because he felt the penalties too harsh.

The council voted unanimously to have a public hearing on a wind energy ordinance.
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This article is redistributed by permission of the Eastern Shore News.

October 5, 2009 Town Council Meeting

Eastern Shore News
October 14, 2009
Frese proposals get no seconds
By Greg Merritt
Staff writer

CHINCOTEAGUE -- The Chincoteague Town Council meeting last week will be more remembered for what the body didn't do than for what it did.

The proposals by Councilman Jim Frese to return zoning inspection fees to the public and to create a wetlands board for the island were turned down without a vote.

It was one of the rougher meetings for Frese, who had a couple of proposals knocked out because he couldn't find anyone on council to give him a second.

Both the fees and wetlands proposals did not receive a second and died without a vote.

But both proposals received considerable debate by the council, before the motions were made.

Another proposal by Frese to discuss "interpretation" kind of morphed into the discussion on zoning inspection fees.

Zoning Director Kenny Lewis was present and Frese directed some questions to him about the zoning clearance fee.

"The problem is the $35 fee," said Frese. "Hardworking men are charged a fee for absolutely nothing. It's wrong."

Lewis responded he applied the fee when he went to a site to make an inspection. He was acting on the fee as the council had passed. Mayor Jack Tarr said the council had passed the fee four times, but has been left out of the current budget.

Public Works Director Harvey Spurlock reported the town had been working on several island streets, repairing the dip at the corner of Ocean Boulevard and Main Street and potholes on the latter. Upcoming are projects to help drainage on Halley Whealton Smith Drive and repairs on Maddox Boulevard.

N.B.  This article is redistributed by permission of the Eastern Shore News.

Councilman pushes for wetlands board

Chincoteague Beacon
September 17, 2009

Councilman pushes for wetlands board

By Greg Merritt • Staff writer

CHINCOTEAGUE -- The Town of Chincoteague may yet get into the wetlands business -- if Councilman Jim Frese's proposal gets enough votes.

Frese, who has tried to get the council interested in the topic in previous meetings, put the idea of the town creating its own Wetlands Board on last Tuesday's agenda.

"I'm pushing for it for a service to our community," said Frese. "We need to have local control. It's doable."

Frese pushed for a vote. "I would like to get a vote from council," said Frese. "Either yea or nay. We should go for it."

One of the big problems Frese cited was Accomack County's charge of almost $12 per square foot for citizens and businesses who extend their bulkhead.

"That's ridiculous," said Frese of the county's charge.

Town attorney Jon Poulson reminded the council that, "you have to have fees. You're going to have to do it."

Poulson also reminded the council they would have to "ask your delegate and senator to give the council the authority to establish a wetlands board."

And Poulson stated the money raised by the fees could only be used for wetlands restoration and management.

Frese suggested the money raised with the wetlands fees could be used to start an eradication program for phragmites.

Mayor Jack Tarr was concerned about the costs of starting a wetlands board. "Accomack has one of the lowest fees," said Tarr. "I don't know how much money will be generated as opposed to how much we spend."

Mayor Tarr also said the private piers are exempt from the fees."

Frese responded, "I think we can do better."

Councilwoman Nancy Conklin said, "I'm very much concerned. I'm not in favor of a bigger government."

Councilman John N. Jester supported the idea of a local wetlands board. "I don't think the board would require one extra person," said Jester. "My feelings are, let's put something together."

Jester reminded the council that if the wetlands board turned out to be a bad idea, the town could get out of the program with prior notice.

Mayor Tarr suggested the council get more facts, address all questions to Town Manager Robert Ritter, and come back to October's council meeting with some answers.

In other news from the council meeting:

The council appointed Lynn Ballerini to a position on the Chincoteague Recreation and Convention Center Authority. Ballerini was nominated by Councilwoman Conklin.

The council held a public hearing on a budget revision item, but no one spoke during the public hearing period. The revision was needed when the town received a USDA grant of $24,375 for a Chevy Tahoe. A total of $12,230 will be applied for the Tahoe and $15,270 will go toward the purchase of a public works vehicle. The council approved the change with a unanimous vote.

The council unanimously approved a recommendation from the Health Insurance Committee to continue with the current health plan through this fiscal year for employees and retirees.

George Hiob and his wife, Margie, spoke during the public participation period of the meet. George stated that for 16 months there has been no mail delivery at Ocean Breeze. Town Manager Ritter said the U.S. Postal Service had agreed to install boxes if a concrete pad had been poured. But the location of the pad was not agreeable to some residents and the pad has not yet been poured.

"As far as I know, nothing has been done," said George Hiob. "I thought it was my right as a U.S. citizen to get mail. It's very frustrating we are not getting any results."

Town attorney Poulson responded that there is ongoing efforts to get something done. When pressed by Margie Hiob, Poulson said, "I'm not going to divulge our strategy tonight. I'm not going to do that."

"It's a legal issue," said Mayor Tarr. "It's a private road owned by Eddie Tull. We went overboard to try to get Mr. Tull to fix the roads."

Chief of Police Eddie Lewis gave a report to the council and said his office fielded 3,347 calls in the month of August, including 261 9-1-1 calls.

Lewis said the new speed trailer has been used four times in various locations around the island. The trailer posts the speed of motorists as they pass and gives the police a readout of how fast the car is traveling and the time of day.

In a recent two-hour period on Maddox Blvd. the speed trailer recorded 10 vehicles going from 50 to 70 mph. The fastest speed was 68 mph.

The council unanimously agreed to get more information before approving a Memorandum of Understanding with the National Park Service and National Wildlife Refuge. One sticky point was allowing uniformed officers from the federal installations to enforce DUI laws within the town limits of Chincoteague.

Kat Edwards, representing the Accomack-Northampton Planning District Commission, appeared before council for an update on the broadband issue. Council unanimously approved a pre-contract with the Broadband Authority to come into compliance with HUD regulations.

The council unanimously approved a revised Bicycle Plan for the island.

Town Manager Ritter announced the Merritt Harbor Project is complete. "Junior Birtton did a good job," said Ritter. He also announced the Island Nature Trail Ceremony will be held on Sept. 25 at 3:30 p.m.

The council unanimously approved application for a $20,400 ARRA Capital Assistance Grant for a power vehicle washing station and a new laptop for new public works director Harvey Spurlock.

Mayor Tarr gave an overview of the hazardous waste collection. "Oil can be brought to the center now," said Tarr. He also said the collection station would accept small batteries, such as cell phone batteries.

There will be a special time to bring other hazardous waste, probably during the spring clean-up, fix-up weekend. "It's our effort to be good to the environment," said Councilman Jester.

The council voted unanimously to award the custodial contract to Alliance Support Services, a company out of Chambersburg, Penn. The contract was for services to the town office building in the amount of $13,700 per year for a period of three years.

During the comment period, Councilman Terry Howard took issue with the way the Hiobs were treated when they appeared before council at the start of the meeting. In particular, the comments made by Poulson were on his mind.

"I was bothered by the way, the response they were given," said Terry Howard.

Poulson said he told them four times what he had to say.

Councilman John Howard stated the Island Medical Center is still looking for a replacement doctor for Dr. Glenn Wolffe. "It's taking longer than they thought," he said. "Dr. Wolffe has agreed to stay here for a couple of months."

N.B.  This article is redistributed by permission of the Chincoteague Beacon.

July 6, 2009 Chincoteague Town Council Meeting

Chincoteague Beacon
July 9, 2009
Panel urged to plan bridge opening
By Greg Merritt • Staff writer

CHINCOTEAGUE -- Town Vice Mayor John N. Jester proposed Monday that the Town Council appoint a committee to plan for the new bridge opening ceremony.Advertisement

The new drawbridge to Chincoteague remains on schedule for completion on Nov. 9.

"VDOT has been less than forthcoming with our community," said Jester. "We need to start now."

No vote was taken and Mayor Jack Tarr ended the segment of the meeting by saying, "We'll start something soon."

Town Manager Robert Ritter stated the town office had 22 business days in the month of June and fielded 1,874 phone calls and 1,114 office visits. The staff also received 1,292 pieces of mail during the month.

Ritter said that overall the town's revenues exceeded expenses by $56,000 in the fiscal year that just ended

Chincoteague's dispatch center handled 2,800 calls in June, including 349 calls for police assistance.

It also handled 209 9-1-1 calls and 67 ambulance calls, Police Chief Edward Lewis said at Monday night's Town Council meeting.

The police department made 13 arrests, issued 80 traffic citations, gave out 30 warnings, had three incidents of driving under the influence of alcohol, one drug arrest, two breaking and entering reports and responded to 20 animal complaints.

Town Planner Jared Anderson said Monday the town had been successful in obtaining through a grant a new police "travel trailer."

The trailer is equipped with radar and can be placed on streets to get an idea of how many speeders are on a given street.

It will be used as an evaluation tool and not a device to ticket drivers.

Jester said he witnessed a boat going up and down the channel "full blast" in front of the Robert Reed Downtown Park during a recent performance produced by the Chincoteague Cultural Alliance. The boat was a distraction and a hazard to other boats in the channel.

The council asked the town manager and the harbormaster to check into the U.S. Coast Guard's response to the traffic on the main channel.

Jester also mentioned the remains of the boat behind the Landmark Crab House may be a hazard to boats that navigate through the main channel.

Councilwoman Ellen Richardson informed the meeting that the picnic tables placed at the Donald Leonard Park were provided by the Chincoteague Church of God.

The council voted unanimously to approve a new street name. Steve Katsetos had requested a name change for the road that turns into his Steve's Cottages, off Taylor Street. He asked the town to change the name from Yvonne's Lane to Katsetos Lane. The council agreed.

The council unanimously approved a request to vacate a subdivision lot line on property owned by Douglas and Evelyn Taylor along Ridge Road.

Ginny and Jack Van Dame were the only two citizens to speak during the council's public comment period. They gave very brief statements about the council's budget concerns for tick spraying. Councilman John Howard had earlier stated that to spray by airplane for ticks would cost between $30,000-50,000 per spray. That compares with a charge for spraying for mosquitoes that costs from $5,000-6,000.

The council introduced the July edition of the town's newsletter, prepared by Ruth Lane. The new newsletter will be less fancy than the old one and will be available in the town office, the Chincoteague Chamber of Commerce, convenience stores on the island and local restaurants.

Councilman Terry Howard gave the report of the Harbor Committee and was taken on the carpet for reporting the committee rented a trailer space to a business for the purpose of loading crabs. Mayor Tarr stated the committee didn't have the power to rent a non-conforming space. But a late-arriving Town Attorney, Jon Poulson, came to Howard's rescue and found the ordinance that did give the committee and the harbormaster the power to grant the use.

The Town Council ended the session by going into executive session to get an update on the town's efforts to hire a new Public Works Director. The position has been vacant since the resignation of Michael Cosby three months ago.

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This article is redistributed by permission of the Chincoteague Beacon.

Special Council Meeting 8:00 am Friday, June 26, 2008

SPECIAL COUNCIL MEETING

A G E N D A
TOWN OF CHINCOTEAGUE
June 26, 2009, 8:00 A.M. - Council Conference Room - Town Hall

CALL TO ORDER

INVOCATION BY COUNCILMAN T. HOWARD

PLEDGE OF ALLEGIANCE

AGENDA ADDITIONS/DELETIONS AND ADOPTION:

1. Closed Meeting in Accordance with Section 2.2-3711(A) (1) of the code of Virginia.

• Personnel Matters (Public Works Position)

ADJOURN:

June 18, 2009 Town Council Meeting

June 18, 2009 Town Council Meeting

The June 18, 2009 Town Council meeting addressed these matters: Possible change in town healthcare providers; presentation on downtown revitalization project (streetscape); imposition of administrative fees for building without a permit; reverse 911; wind energy ordinance; library availability fee waiver request; approval of 2010 budget; and other matters.

The agenda, backup materials and an audio recording of this meeting are available on the Town website:
www.chincoteague-va.gov

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; Robert Ritter, Town Manager; Assistant Chief of Police Randy Mills

Mayor Tarr convened the meeting at 6:00 p.m. (All Council meetings will now start at 6:00 pm)

Approximately 60 citizens were in attendance (primarily town employees).

Public Participation

Kenny Lewis, Bryan Rush, and Mollie Cherrix spoke in opposition to a proposed change in the health care plan for town employees. They expressed concerns about restrictions in coverage compared to the existing plan and increased cost to employees. Town employees had met on Monday and voted to forego merit pay increases in the coming year in order to help the town pay for the continuation of the existing health care plan.

Mollie Cherrix noted that town meeting agendas and audio recordings of town meetings are frequently not showing up on the town website. Mayor Tarr said the town is working to fix this.

Consider a Change in Healthcare Providers

Bill McComb presented the details of the proposed new plan to the Council members. He is an insurance expert who has been working with the town on health care issues. The cost to the town of health care is rapidly increasing and there have been efforts to try to find less costly options. Council members expressed their sympathy and understanding of the difficulties facing town employees. They also expressed their concern about the increased cost of health care coverage and tax payer opposition to rising taxes. Forty-two employees are on the health plan and nine are not. The existing plan is MAMSI and the proposed new plan is with Optima Health. Council members also expressed their consternation at the complexity of the subject.

The Council voted to continue the existing plan on a month-to-month basis and to appoint a committee to look further into the health care issue that must report back by October 1.

Presentation on the Down Town Revitalization Project

Clay Massey of Massey Design and Associates gave a presentation on the streetscape plan for downtown Main Street. He was accompanied by Bill Spivey of  Land Studio pc. A series of meetings has been held with the public where the proposals of Massey Design have been well received. The concept is to make this whole area more attractive and pedestrian friendly. The Main Street Corridor Project is divided into nine sections, extending from Cropper St. to Ocean Boulevard. Total cost over a number of years would be more than $4 million. Sections of work would be completed as money is available. VDOT grants would be the main source of funding. Phase 1 would be for the section from Bridge St. to Mumford St. An initial $200,000 is available and it is proposed to use this to put overhead utility lines underground between Bridge St. and Church St.. The use of directional boring makes this more affordable then had been foreseen earlier.

Members of the Council expressed their enthusiasm and support for the project which will be important in bringing people to downtown after the new bridge opens. It Will obviously have to be done in phases over some years as money is made available. Clay Massey said this is the approach that other towns have taken. There was interest in ideas for improving the look of downtown in the nearer term. More shade trees, benches, light fixtures, trash cans and other ideas.

Council approved moving forward on putting utility lines underground, in consultation with the utility companies.

[More information on the project can be found at: http://www.landstudiopc.com/Chincoteague_Clients_Page.html ]

Administrative Fee for Building without a Permit

Councilman Frese expressed his opposition to the current practice of imposing an administrative fee for building without a permit. He thought this was not legal and that the town needed to have an ordinance on the matter before fines could be imposed. He said you cannot call a fine an administrative fee. Kenny Lewis, the town's building and zoning administrator, supported continuing the current practice in order to curb violations of building regulations. He needs this in order to effectively do his work for the town. "People need to know they need a building permit."

Council agreed to refer the issue to the town's attorney to evaluate the current practice. By a vote of four to three continuation of imposing administrative fees was approved.

A resolution of respect for former town councilman William Elliott was approved.

A resolution for a Virginia litter prevention and recycling grant was approved.

A change order of $23,000 for work at the Curtis Merritt Harbor of Refuge was approved.

Presentation of Reverse 911

Randy Mills presented the results of his research on the town adopting a reverse 911 emergency phone service. This would permit the town to effectively alert citizens by phone in the case of an emergency situation. Accomack public schools currently has this capability. The Global Connect company provides this service. Cost would be about $850 a year. A Verizon phone data base would cost $1400. Council members thought this service was very important but wanted some more information.

Possible Wind Energy Ordinance

Jared Anderson presented the results of his research on a possible wind energy ordinance. The Planning Commission wants guidance from the Council about whether to proceed with this matter.

Council approved a street name request for Pine Grove Way.

Library Availability fee Waiver Request

Vice Mayor Jester, who is also a member of the library board, described the great cost to the library if the new fire suppression system in the expanded library required a availability fee for hooking up to the town's water supply. Fire suppression systems should be encouraged and they are very unlikely to actually be a drain on the water supply. Whether such fees should be required of other nonprofit institutions should be examined by the town. Council referred the matter to the Public Works Committee for further study. Council approved waiving the fee for the library.

Council unanimously approved adoption of the $5.8 Million Fiscal Year 2010 budget

The Council adjourned at approximately 9:40 pm.

Notes prepared 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 1, 2009 Chincoteague Town Council Meeting

Chincoteague Beacon
June 4, 2009
Pit bull attack concerns council
Supervisor calls for town 'holding pen'
By Greg Merritt, Staff writer 

CHINCOTEAGUE -- Seldom does the public comment period of the Town Council's monthly meeting take center stage. But on Monday night it did.

Accomack County Supervisor Wanda Thornton addressed the council about a vicious dog attack recently that left her great-granddaughter, Joy, suffering serious injuries and her family traumatized.

"I'm here on a serious note," said Thornton. "Last Saturday afternoon people and four dogs were trespassing on my property. A pit bull attacked my great-granddaughter as she was getting out of the car."

Thornton said the attack came so fast that there was no time to stop it.

"I think they would have killed her," said Thornton and the council members listened to every emotional word.

Fortunately there were a number of people in the vicinity of the attack and they responded by pulling the dog off the 6-year-old child.

"She was bleeding profusely," said Thornton. "She was in shock."

Thornton said the dog got the little girl on the ground and went for her face.

"She put her arm up to protect her face and the dog bit her arm," said Thornton.

Thornton said that on at least two other occasions the dog had attacked others in the neighborhood.

Thornton said she contacted Accomack County Animal Control, but it takes about 45 minutes for the agency to respond to calls from Chincoteague.

Thornton stated the dog has been destroyed and the remains sent to a lab to test for rabies.

Thornton requested the town look into constructing a "holding pen" to keep such animals until the county's animal control can get here to pick up the animal.

She praised the response of Chincoteague Policeman Kenny Reese. "Kenny Reese was wonderful," said Thornton.

The council expressed concern about the attack and pledged to discuss the matter at the next meeting.

In other council news:

Karen Hipple and Town Manager Robert Ritter presented the new town budget, complete with all revenues and expenses. The fiscal 2010 budget is for $5,837,329 and is less than last year's budget.

Tom Rakowski of the Virginia Department of Transportation asked the council to help the new bridge construction by allowing American Bridge to close one lane of traffic on Route 175 for some additional days. The council approved the additional closure of the lane on Tuesday, Wednesday and Thursdays through June 19.

Rakowski said the additional closure dates would allow American Bridge to get caught up. He said the bridge completion date is still in November.

Students from Chincoteague High School were honored by the council at Monday's meeting for participating in Student Government Day last month.

Student Mayor Kenny Ballerini informed the council of the students' activities on the day and introduced the student government members.

Student council members included Rachel Reed, Devin Alms, Rebecca Ballerini, Brittany Besecker, Courtney Conklin, Timmy Johnson and Corey Sykes. Student police chief was Linda Rush and Janie Heartley was director of public works.

Mayor Ballerini told the council the students had highlighted three main areas of work: public transportation, road maintenance and parks and recreation.

Bryan Rush presented the town's Emergency Operation Plan that is revisited every five years. The council unanimously approved the plan.

Councilman John Jester said, "It's important to know we have a plan. Good job."

The council unanimously approved a resolution approving design when no public hearing is held, concerning the improvement of Chicken City Road by VDOT.

The council unanimously approved a request by Pony Pines LLC to extend the time the company has to record the plat by one year. Attorney Michael Inman appeared before the council to formally request the extension because of the downturn in the economy.

Councilman Jim Frese, whose property borders the Pony Pines property, told council the company had been a good neighbor and he made the motion to grant the extension.

The council did not act on a request by the Sea Shell Cafe for a waiver of the noise ordinance for Bike Week on Sept. 17-20. Town Attorney Jon Poulson told the council they would violate their own ordinance if they granted the waiver.

Councilman John Jester requested the town become a sponsoring member of the Eastern Shore Defense Alliance. Jester said he was a member, but wanted the town to join with Accomack County and Pocomoke City and join the ESDA.

The council unanimously approved the sponsorship that costs $250.

The council started to look into how they can regulate weeds on the island. "Our intent is to start a process," said Councilman Jester.

Councilman Frese presented a proposal for the town to organize its own Wetlands Board. The council unanimously approved a plan for Town Attorney Poulson and town staff to look into the plan.

At Councilman Frese's request, the council unanimously approved a plan to stop the zoning inspection fee for the next month.

The council unanimously approved a new job description for administrative assistant.

The council unanimously approved a 22-foot extension to the external seawall construction at Curtis Merritt Harbor of Refuge.

Town Manager Ritter and Planner Jared Anderson announced the park on Hallie Whealton Smith Drive was a walking trail and as such should not permit pets in phase two.

Councilman Jester commented that the American Legion held a wonderful Memorial Day celebration.

Councilman Terry Howard stated he was in support of an animal holding facility on the island.

Mayor Jack Tarr told those in attendance that starting in July the council would begin meetings at 6 p.m. instead of the traditional 7:30 p.m. He also stated the committee meetings would be changing days and times and an announcement would be made with the new committee assignments.
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This article is published in the Chincoteague Beacon and can be viewed on the Beacon's website at: 
http://www.delmarvanow.com/article/20090604/CB01/906040331/1052/CB

N.B.  This article is redistributed by permission of the Chincoteague Beacon.

April 7, 2009 Chincoteague Town Council Meeting

CHINCOTEAGUE: Town Council passes broadband resolution

At monthly meeting, Thornton is critical of county budget

By Greg Merritt • Staff writer • The Chincoteague Beacon

CHINCOTEAGUE ­ The Chincoteague Town Council held a busy Monday meeting, holding a public hearing, acting on bids, passing a resolution and hearing an update from Supervisor Wanda Thornton.  Of major concern to business owners and interested citizens on the island, the council passed a resolution to apply for $534,990 Virginia Community Block Grant funds for the Chincoteague Broadband Network Project.

The town agrees to secure a $100,000 line of credit to the Eastern Shore Broadband Authority.

Cat Edwards of the authority appeared before the council briefly, but the council did not have any questions for her. She has given the council updates on the project throughout the process.

The council acted almost unanimously in support of the grant, with Councilman John Howard abstaining.

"I may have to do work for them," said Howard after the meeting.

Thornton told the council the authority and the railroad were in negotiations to obtain an easement and right of way so the fiber optic cable can be put beside the railroad.

The resolution draws the town one step closer to having a broadband network on Chincoteague.

­ Thornton said she said the budget as proposed for Accomack County would produce a tax burden on the citizens of Chincoteague. "We're going to take a big hit," said Thornton.

Thornton said she expects the Board of Supervisors s to pass a budget that would produce a tax increase of 9 cents and 45 cents on personal property.

"Towns are under a terrific strain," said Thornton.

She criticized the property assessment on Chincoteague. "It's a terrible reassessment," said Thornton.

She pointed out that farmers are getting a big break on land use.

"Corporate farmers are not paying their fair share," she said. "Agriculture is very secretive."

Thornton called the recent prayer issue with the board "unfortunate."

Thornton has supported the opening invocation, unlike five members of the board, who proposed a generic prayer without the mention of Jesus.

Councilman Terry Howard said he supported Thornton's stand. He gave the invocation before the council meeting began and did so "in Jesus' name."

"This isn't over," said Thornton on the prayer issue.

"I thank you for your work," said Terry Howard and many in the crowd gave Thornton a round of applause.

Thornton criticized the county's increased tipping fee that would cost the Town of Chincoteague about $80,000. "In the district they are paying too much tax," said Thornton.

Thornton presented Mayor Jack Tarr with a check for $7,000 to be used for drainage projects.

­ Before the meeting began Tarr recognized the Chincoteague Cultural Alliance for its recent Certificate of Recognition and being nominated for the Governor’s Award for the Arts. The certificate reads, "For outstanding achievement and significant contributions to the arts in the Commonwealth of Virginia." Tarr presented the certificate to CCA President Bob Behr.

­ Gary White, former Director of the Pocomoke City YMCA, gave council an update on the efforts to start a YMCA on Chincoteague. He noted the local effort has set up a new office on Maddox Boulevard.

The local effort is concentrated on raising $300,000 in six weeks. The effort started on April 1.

White said the effort would be to get local businesses to pledge to donate $1,000 over the next three years.

White gave his own testimonial to the YMCA. When he was a teen, he decided to spend an evening at a local YMCA. Some of his friends did not.

His friends got into trouble, vandalizing a local fur store. "I was safe at the Y," said White.

White noted that Tarr had already pledged to support the new YMCA effort.

White noted that the idea for YMCA on Chincoteague would be determined by local support. The idea would be to build a new YMCA, perhaps in the location on Church Street where the old Chincoteague Elementary School once stood.

­ The council held a public hearing on the sign ordinance for balloons, pennants and flags. However, no one spoke. The council unanimously passed the proposal limiting the use of pennants and prohibiting balloons and inflatable objects not exceeding 10 cubic feet in volume.

­ The council unanimously passed the NIMS Compliance plan for training for town employees and council in emergency management.

­ Councilwoman Nancy Conklin gave a report on the Budget and Personnel Committee. She noted the efforts of the Chincoteague Community Tennis Association to raise funds for the town's tennis courts at Memorial Park. "I know it has to be done, but maybe not this year," said Conklin, noting budget concerns.

­ The council unanimously passed a resolution for Spring Clean-Up, Fix-up, Paint-Up. The plan will kick off with Earth Day on May 9 and run until the end of the month.

­ Council postponed a decision on a request by the Pony Pines Subdivision to extend the time frame for the final plat. Town attorney John Poulson objected to the extension. Council wanted to know why the subdivision needed additional time to record the plat. Councilman Jim Frese had originally offered a motion of support, but withdrew the motion after hearing the objections.

Council ordered Town Manager Robert Ritter to get additional information for the next meeting.

­ Council unanimously awarded the bid of BIC, Inc. to handle the Merritt Harbor Breakwater Project. The bid was awarded at $384,045.

­ The council unanimously accepted the bid of Branscome Eastern Shore for several projects, including the paving preparation and paving for work on Smith, School and Sharpley streets, paving preparation and paving on Maddox Boulevard and surfacing on smaller projects, if needed.

­ During the public participation portion of the meeting, Dean Orsino of Threadgoodes, asked for the council's support to bring one of the retired space shuttles to the NASA Wallops Visitor Center. "I think it's a great idea," said Mayor Tarr.

­ Sandy Bowden gave the council three t-shirts from the past three After Prom Parties, held at Chincoteague High School. She asked for the council's support for this year's event.

"This is very important to me," said Bowden. "One bad decision and a child gets killed. We asked for a donation. It's for the kids."

­ Donna Mason of Waterside Inn offered her support for the broadband issue.

­ Councilman John Jester praised the work of the town's dispatchers. "I'm very pleased to have such a good dispatcher team," said Jester. He proposed a letter of appreciation to the dispatchers, signed by all members of the council.

­ Councilwoman Ellen Richardson commended all those who have helped with the clean up effort at the North Ridge Cemetery. She thanked Councilman John Howard for his use of the heavy equipment. This Saturday at 9 a.m. the clean up effort will continue. She invited everybody to come out and help.

­ Tarr complemented the work of Refuge Manager Lou Hinds over at the Chincoteague National Wildlife Refuge for his assistance with several recent programs, particularly with the cultural programs. "It's nice to have a park manager that is working on these things," said Tarr.

­ The council ended the session with a closed meeting to discuss "legal matters" with the town attorney and personnel matters.

____________________________________________________________________________________

This article is published in the Chincoteague Beacon and can be viewed on the Beacon's website at: 
http://www.delmarvanow.com/article/20090407/NEWS01/90407022/1052/CB

N.B.  This article is redistributed by permission of the Chincoteague Beacon.

Town Approves Two Police Grants

Chincoteague Beacon
March 26, 2009

By Greg Merritt • Staff Writer

CHINCOTEAGUE -- The Chincoteague Town Council heard an update on the broadband situation and approved two grant applications sought by the town's police department in a special meeting Thursday night.

It was a short meeting lasting under 45 minutes.

Cat Edwards of the Accomack-Northampton Planning District provided council with an update of the broadband block grant application. She said the fiber optic cable was in the process of coming across the Chesapeake Bay Bridge-Tunnel.

"That's what all the delay is for," she added as the construction has caused delays in the tunnel area for the new cable.

Edwards told the council that another public hearing would be required in the near future and the meeting would be advertised in upcoming newspapers.

The council also approved unanimously a request by Police Chief Edward Lewis to apply for two grants. The first grant is for a new police car. The car is a 4-wheel drive vehicle that will be used mostly by the K-9 Unit, but could also be used in low lying areas during extremely high tides.

The council unanimously approved a motion to authorize the police department to seek a Community Facilities Grant through the U.S. Department of Agriculture. The grant would cover 80 percent of the $32,500 vehicle. The town would be responsible for paying 20 percent of the price, if the grant is approved.

The council also unanimously passed a motion to authorize the police to apply for a COPS Grant to establish a new police officer position. The grant, if successful, would cover 36 months for the police officer with the town responsible for an extra 12 months at the end of the 36-month period.

Police Chief Edward Lewis attended the meeting and answered questions about the two grants.

After the council adjourned the meeting, all the members stayed for a joint meeting with several members of the town's Planning Commission.

The two bodies listened to Town Planner Jared Anderson explain some of the zoning changes proposed in the town's Master Plan.

Council has been in the process of going over the plan, line by line. There were several lines that members of council disagreed on and some of the lines were deleted.

At the request of Mayor Jack Tarr, Anderson unveiled a new zoning map, complete with color graphics displaying the new zoning proposal.

The council will continue to review the plan until it is finished.

The next monthly council meeting is scheduled for April 6 at 7:30 p.m. in the council chambers.

November 13, 2008, Special Joint Council/Planning Commission Workshop

Members Attending: Mayor Jack Tarr, Ellen Richardson, John Jester, Jim Frese, Terry
Howard, John Howard, Chuck Ward, Bob Behr

Member(s) Absent: Chairman Ray Rosenberger, Mollie Cherrix, Chuck Ward, Jane
Wolffe, John Jester, Tripp Muth

Staff Attending: Jared Anderson, Town Planner, and Robert Ritter, Town Manager

Public Attendance: Three members of the public
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The agenda and background material for this meeting is available on the Town website.  Click here. Note that there is no audio record of this meeting.

Mayor Tarr convened the meeting at 5:10 p.m in Council Chambers.

Agenda Adoption. The agenda was approved as presented.

Adoption of the October 30, 2008, Minutes. Mayor Tarr postponed the adoption of minutes until the next meeting. The reason was to give Mr. Anderson an opportunity to correct several inaccurate items in the minutes.

Discussion of the March 2008 Draft of the Comprehensive Plan Update for the Town of Chincoteague. The discussion of the Draft Plan began with page 4-10. The changes are documented below:

4-10. Year-Round Economic Activity. Line 4: Mr. Ward asked for a change from “after” to “in the event of”.

4-11. Mid-Atlantic Regional Spaceport. Mr. Jester noted that the town must update the information about where the spaceport is going. He suggested that Mr. Anderson contact the NASA Public Affairs Office.

4-12. Wallops Research Park. Mayor Tarr wondered if the detail in the third paragraph was needed. This paragraph will be deleted.

4-13. Regional Partners. Mayor Tarr requested that Mr. Anderson verify that the Virginia Economic Development Commission still exists.

4-14. Regional Partners. Second paragraph: Mayor Tarr noted that the Chamber of Commerce is not now a part of the Virginia Tourism Commission. Fourth paragraph: Mr. Jester proposed that the first sentence read “The Industrial Development Authority of Accomack County owns and develops the Accomack Airport and Industrial Park.”

4-14. Enterprise Zone Projects. Second paragraph: Mr. Howard commented that the cost and operational detail listed is not needed. He requested that the Draft just list the grants.

4-15. Main Street Revitalization. First paragraph: Mr. Ward suggested that that this section mention that buildings should have residents on the second floor. Fourth bullet: Add detail about where and how long the boardwalk/pedestrian walkways should be. Sixth bullet: The town should promote the use of transient boat slips.

Additional comments: Parking for downtown and Maddox Boulevard must be addressed. Look at recommending a seafood market at Curtis Merritt Harbor. Include a recommendation for directional signage.

4-16. Balanced Year-Round Economy. Add the following bullets: Promote educational opportunites/Eastern Shore Community College on the island. Promote non-polluting green industries. Establish a Committee for Economic Development.

4-18. Make the Island More User-Friendly. Add websites to orient and educate visitors.

4-19. Fishing and Island Seafood Industries. Mr. Howardsuggested that “Down the Bay” way of life be documents as a story for tourists.

4-19/20. Planning for Commercial Growth. Fourth bullet: Delete all but the first sentence of this bullet. Bullets five through eight: delete. Last bullet: Change “Develop” to “Maintain.”

5-1. Education. Replace the picture of the old elementary school. First paragraph: Change “Three public schools....” to “Two.” Change “Middle School” to “Combined School”.

5-3. Library. First paragraph: Delete: “Fund raising to complete the project is underway.”

5-3. Fire & Emergency Services. Change title to add “Medical Services.” First paragraph: “three paramedics should read “five EMTs” and “Monday through Friday....” should be changed to “24/7.”

5-4. Fire & Emergency Services. First paragraph: Delete “$10,000.” Third paragraph, last sentence should read “.....Town should continue to apply for improved ISO classification.....”

5-4. Police Protection. Note that the 10 full-time officers also serve as instructors.

5-5. Public Works. Water. Last paragraph: The number of deep wells is incorrect. The number is 4.

5-6. Delete the second and sixth paragraphs.

5-7. Sewage Disposal. Second paragraph: Remove the second-to-last sentence: “By reading the documentation justifying the closures one discovers that a high percentage of the potential pollution is from “contributing boat” polluters.” Fourth paragraph: Remove “It is anticipated that the feasibility study will be completed in mid-2007.”

5-8. Second bullet: Remove.

5-8. Flood Insurance. Remove the third paragraph. Last sentence on the page should read: “The Mayor and Town Council should continue to take.....”

5-9. Remove picture and replace with a Chincoteague picture. Third paragraph: remove. Fifth paragraph, last sentence should read: “Taxpayers should not be expected to replace the harbor at the end of its current lifetime.” Last paragraph: replace “Town Commission” with “Town Council.”

At this point the group agreed to continue the discussion at a later date, beginning with page 5-10.

The meeting was adjourned at 7:10.

Notes prepared by Nancy Lane

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.

November 3, 2008 Town Council Meeting

The November 3, 2008 Town Council meeting addressed these matters:  Eastern Shore Tourism presentation; Public Hearing on the vacation of property lines near Rattlesnake Ridge; Harbor Committee report; Public Works report; Budget & Personnel report; Recreation & Community Enhancement Committee recommendations; Cemetery Committee report; possible Sign Ordinance change; Island Neighborhood Heritage signs; Waste Water Management, Inc. proposal for discharge permits; Main Street Corridor proposal for Master Plan; VDOT's "Safe Routes to School Program" steering committee; 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 7:35 p.m.

Approximately 20 citizens were in attendance.

Public Participation
No one rose to speak for the Open Forum.

Adoption of Minutes
Council unanimously adopted minutes of the October 6, 2008 meeting.

Eastern Shore Tourism Commission
Presentation by Donna Bozza, Director
Ms. Donna Bozza said that the Eastern Shore Tourism Commission (ESTC) is separate from the Chamber of Commerce, and is funded in large part by Accomack and Northhampton counties.  The website is at ESVATourism.org.  ESTC is about promoting the "brand" for the eastern shore of Virginia.  The motto for ESTC is "You'll Love our Nature."  Ms. Bozza said ESTC uses four criteria, called "Dashboard," for measuring and trending tourism goals:

Welcome Center contacts [2007, 10.4k ; 2006, 8.7k]
Media articles [ 2005, 3 articles ; 2007, 53 articles]
ESTC website traffic [ 2006, 24k visitors ; 2007, 42k visitors]
Transient occupancy tax [2006, $400k ; 2007, $450k] figures are for Accomack county

Ms. Bozza spoke of a new, modern Welcome Center planned at the southern gateway to the peninsula and coming in 2009.  This facility will feature rockers on the front porch, a gazebo lobby design, and state-of-the-art interactive displays.  Bathrooms will be housed in a separate building.  A $25k budget deficit is forecast to operate this facility year-round.  Private funds are currently being sought.

Ms. Bozza premiered a ESTC video at tonight's Council meeting, that was produced by Phyllis Ward for $5,000 and directed by Gino Bruno.  Many Shore residents donated time and talent to create this video, which runs about 10 minutes and artfully features the natural and cultural amenities of the Virginia Eastern Shore.

Public Hearing on the Vacation of Property Lines
No one rose to speak at the Hearing, which addressed a request for vacation of three property lines on six lots, to yield three lots.  Gene Taylor, lot owner, explained that the larger lots are a Health Department requirement in getting septic permits.  Mr. Taylor said that vacating the property lines will result in "less homes, and less density."  The property is located near Rattlesnake Ridge Road, and near Mr. Baldy's Restaurant.  Council approved Mr. Taylor's request.

Harbor Committee Report
The Committee met on October 8th.  Harbormaster Wayne Merritt reports that subleasing is "up a little" with about 15 fishing boats in slips and several more expected.  Subleasing generates revenue and prevents the Harbor from being a tax burden.  Merritt is also currently researching harbor rates by looking at various Eastern Shore harbors such as Quinby and Cape Charles, which Merritt says in particular is most similar to the Chincoteague Harbor.  Other Committee business included discussion only of a VHF/FM radio license for the Harbor; prospective installation of a travel boat lift; provision of free passes for working watermen to use the launch ramp; and posted emergency phone numbers at the Harbor.  With regard to the latter, Mr. Merritt said a bulletin board has been ordered for the Harbor office, which will show current weather and tide conditions, Harbor policy and emergency contact information.  The next meeting is January 10, 2009.

Public Works Committee Report
The Committee met on October 14th.  There was no public participation.  A "street light situation" on Leonard Lane was discussed, and Chairman Tarr asked Mike Cosby (staff) to "research who is paying for the light in question."  Ms. Ellen Richardson introduced the possibility of a bike path on HWS Drive, funded by a state Safe Routes to School grant.  Mr. Tarr discussed the DEQ Water Supply Plan and asked Mr. Cosby to follow up on Plan requirements.  The next meeting is November 5, 2008.

Budget & Personnel Committee Report and Council Action(s)
The Committee met on October 21st.  There was no public participation.  Council approved two Committee recommendations:

•    Accept a $48,589 bid for 2 coats of tar and chip from Gerold Moore & Sons, for Hallie Whealton Smith Drive.  Public Works indicates that an additional $15,200 will be needed in order to repair the base prior to coating; doing this, the roadway "should last 8 to 10 years." 
•    Purchase a plumbing truck for $18,900 to replace an existing "old and unreliable" vehicle.  The Town will pay half this year (FY09) and half in FY10, because the current budget only allocates $10,000 for this purpose.

In other Committee action, Mr. Ritter said that the FY08 results show that "expenditure overages compared to last year" are due to "consolidation of Mosquito Control into the General Fund" and the Church Street paving project.  Mr. Ritter also reviewed a Town Employee Performance Standards worksheet.  The Committee discussed wage and "step" increases and employee evaluations.  Vice Mayor Jester said that "We need to keep an eye on the budget."  The next meeting was scheduled for November 18, 2008 but is canceled due to Councilwoman Conklin's planned absence (Mayor Tarr and Mr. Frese approve).

Recreation & Community Enhancement Committee
The Committee met on October 21st.  Actions include recommendation to Council to repair a crack in the (Town owned) tennis courts at Veterans Memorial Park.  A bid was received by Dave Spangler for $11,900 to repair the crack (includes anticipated grant participation).  Council rejected this, with Mayor Tarr requesting that funds for this repair be included in next year's budget, and "proper procurement methods" be utilized.  Other Committee action was as follows:

•    Jared Anderson said DEQ and NOAA have supplied three free grant-sponsored "Seaside Heritage" signs to seaside towns on the Eastern Shore.  One sign (informational poster) is specific to Chincoteague.  Council approved Mr. Anderson's suggestion to place this near the parking lot of the Island Nature Trail. 
•    A request for volunteers to design and maintain local corner streetscapes will be included in an upcoming Town newsletter.
•    All permits are approved and good through May 2009 for Phase II of the HWS Trail.  30 inch pipes are needed next, to cross HWS Drive.  Public Works is in process of obtaining a price for the pipes.
•    Mr. Anderson asked the Committee to identify the purpose of the 2.94 acres of Town-owned waterfront park-land located across from the high school.  Councilwoman Richardson suggested considering signage and a name for the park.  Council will include this matter on the December 2008 agenda.  Mr. Frese suggested naming the land "Leonard Park" for Donald Leonard who cleared the area.  Mayor Tarr said the park would be a good kayak launching spot, and a sign should indicate this purpose.  This land must be used for recreation, conservation, "or any public use."
•    Mr. Ritter said $29k is available in the budget to purchase new playground equipment.  Mr. Anderson said that the equipment prices range "from $3,000 to $80,000."  Community volunteers may be needed and used to assemble and install the (new) equipment should it be purchased.  The Committee continues to discuss.
•    Mrs. Richardson said grant money is available by December 1st, to extend the sidewalk and a bike trail from the elementary school to the high school "with lights and a proper crosswalk at Deep Hole and Hallie Whealton."   Mr. Ritter and Mr. Anderson are involved with getting the schools on board, given the short time frame to apply for the grant as well as the grant requirement for a 1-2 mile radius of walking distance to-from the schools.  Parent survey forms are being distributed.
•     Bob Conklin suggested a future project to build an Observation Area at Curtis Merritt Harbor.
•    Jack VanDame would like to bike safety plans updated.
•    Councilman John Howard is in favor of removing more phragmites at the park land across from the high school.  He would use his own equipment when it is available.

The next meeting is November 18, 2008.

Cemetery Committee
The Committee met on October 28th.  Discussions and actions include:

•    November 22nd from 9:00 am to 12:00 pm is designated as Clean-Up Day at Whealton Cemetery which is located near the football fence at the high school.  Councilman Terry Howard and Mr. Gary Turnquist would like to see a tie-in with the Family Heritage Celebration on Nov. 15th, with the community decorating cemeteries the week of Nov. 15-22.
•    Total private contributions are at $1,695 for cemetery maintenance costs.
•    Councilman T. Howard said "the big cemeteries are immaculate now" and the smaller ones have been "adopted" by families and individuals.  Greenwood Cemetery is maintained by the Chamber.
•    A tombstone recently fell off its pedestal in Greenwood Cem. and broke a vault lid; Mr. T. Howard would like to repair or replace this lid with private or cemetery funds.

Possible Change in the Sign Ordinance on Balloons
Council sent the 7.6.8 code amendment suggested by Mr. Kenny Lewis in an October 24 letter via Jared Anderson, i.e. that balloons less than 2 square feet be exempted from the Prohibited Signs ordinance, back to the Planning Commission for their recommendation to Council within 90 days.  Council suggested that the Planning Commission also address code for banners, flags and pennants at this time.

Island Neighborhood Heritage Signs
Councilman Jester showed paper mockups of nine signs he recommends placing around the island, to demarcate special identity areas which existed in the island's history, e.g., Ticktown, Madcap, Snotty Ridge and Birchtown are some of these.  Each sign would be 2 ft. square.  Council approved the signs as an advisory body.  Mayor Tarr said the matter will come back to Council when the plan to place the signs is more fully developed.

Waste Water Management, Inc. Proposal for Discharge Permit Acquisition
The Town voted 4-2 (T. Howard and N. Conklin opposed) to reject a bid from Waste Water Management, Inc. ('WWM,' located in Fairfax Va.) to provide engineering services to obtain 2 permit applications for direct discharge of wastewater treatment effluent into Fowling Gut and Chincoteague Channel; to establish communications with the EPA and DEQ relating to development of a deep well injection discharge program; to provide a cost estimate for capital and operating expenses for installing public sewer in the Main Street and Maddox Blvd. areas; and to assess reserve capacity in existing non-municipal treatment plants.  The WWM proposal was for $23,000 for all above tasks.  Mr. Frese said DEQ does not permit deep well injection; Mr. Ritter responded that EPA is the regulator and DEQ is only an advisor.  Mr. J. Howard said WWM "told some untruths" and then made the first motion to reject the proposal.  Mrs. Conklin said WWM had done much research and therefore she opposed a rejection; this position was supported by Mr. T. Howard.  Vice Mayor Jester said the Town needs "more definition in terms of what we are going to do" than is presented in the WWM proposal, and that the Town could communicate directly with EPA.  He noted that a community in Florida has used deep well injection and recommended consulting them on the project there.  Mr. Poulson said he wishes to consult with Culpepper Engineering.  Mayor Tarr said he has recently met with Tidewater Utility Corporation and with Jack Burbage, and they are collectively researching excess capacity at Sunset Bay's private system. 

Massey Design Associates Main Street Corridor Design Proposal
The Town accepted a proposal from Massey Design Associates ('MDA," located in Virginia Beach) to provide planning, landscaping and engineering services to develop the Chincoteague Main Street Corridor Project.  The fixed price proposal is for $93,808.49 plus anticipated travel expenses of $31,702.34 which are proposed on a per diem cost plus basis.  The project is expected to begin in November 2008 and to be completed by August 2009 (design plans only; no construction).  The effort includes the following tasks:

•    Master Plan and Conceptual Design--covers entire Main Street corridor from Cropper to Maddox Streets.  Includes roadway alignments; new bridge landscape improvements; streetscape, crosswalks, walkways and pedestrian connections; parks and public plazas; surface materials; on and off-street parking; specialty signage and banners; and site furniture placement.
•    Survey and final construction docs for Phase I of the work
•    Bidding and construction liaison services for Phase I

Construction of Phase I is not included in the price but MDA estimates this could be completed by May 2010, if it is fully funded.

Mr. Clay Massey was at the Council meeting and answered questions from the podium.  He said the proposed Master Plan would be a tool ("economic catalyst") for obtaining T21 enhancement grants.  Mr. Massey said the full 20 month project through construction could cost $2.5 million, however this includes provisional grant funding.  Mr. Massey said that a large part of the design effort is VDOT approvals.  Mr. J. Howard questioned utility re-location of power lines and pipes, and cost effectiveness of the various options.  Vice Mayor Jester said he would have liked to "talk to the community and merchants first," and noted with apprehension the possibility of cost increases via contractual Change Orders later on.  Massey said the Town would "dictate not only the design but the sequence of construction."  After Council deliberations, Mayor Tarr told Massey that Phase I would optimally encompass only the 'downtown core' of Old Bridge to Church Street, and that the Town does not wish to be "locked into a Master Plan."  Mayor Tarr said that if the Town does not use the funds to hire MDA or another consultant, they (the funds) will be lost (cites letter to Mayor from Kat Edward).  Mr. Poulson said he wished to change a few parts of the proposal prior to making it a contract, including a 45 day invoice review period and a revised termination clause (Terms & Conditions).  Mr. T. Howard expressed fiscal concern, he said "$2.5 million is alot of money."

VDOT's "Safe Routes to School Program" Steering Committee
Council passed a motion for Jared Anderson to "set up a steering committee" for a proposed school travel plan, to be completed by Dec 1st, involving trails and lights for safe travel to and between both Chincoteague schools.  The committee or task force is a requirement for the zero-0match VDOT grant which will fund up to $100,000 for programs and up to $500,000 for infrastructure costs.  On Nov. 6th there will be a meeting with VDOT and the two schools, as the program is K-8 grades.  Also see Recreation & Community Enhancement Committee notes, above.

Mayor & Council Comments
Councilman T. Howard expressed concern that the Town invites professionals into a bidding process and then "insults them" by criticizing their proposals.

Councilman Frese said WWM "was treated [by Council] better than they deserve."

Councilman Jester said that WWM erroneously asserted that Chincoteague Bay "is the most polluted bay on the east coast."  Mr. Jester also recommended to Mr. Ritter to use eBay for disposal of  used and old property.

Councilman J. Howard cited WWM's lack of honesty, and "not their [lack of] knowledge," in defending his position vis a vis that of Councilman T. Howard.

Councilwoman Richardson requested that the Town be closed on Dec 26th.  Mayor Tarr will research what state and Federal offices plan to do that day, which is the Friday after Christmas.

Mr. Ritter reversed 2 November calendar items, moving the Special Council Workshop from Nov. 20 to Nov 13; and the Council retreat from Nov. 13 to Nov. 20.

Mayor Tarr thanked Chief Lewis for the Haunted Forest effort of so many in the CPD and in the community.  Mr. Tarr asked for a list of participants from Chief Lewis, to receive Letters of Appreciation from the Mayor.

Mayor Tarr also commented that he is "happy [the Council] approved the Plan to move forward on Downtown."  The Mayor reminded all that November 15th is Family History Day from 10 am to 4 pm, at the Town Center.

The Council adjourned at approximately 11:30 pm.

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. 

October 6, 2008 Town Council Meeting

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. 

Special Council Meeting Workshop, September 25, 2008

Town Council Members Attending: Mayor John Tarr, John Jester, Nancy Conklin,

Terry Howard, John Howard, Jim Frese

Planning Commission Members Attending: Ray Rosenberger, Bob Behr, Mollie

Cherrix, Tripp Muth, Chuck Ward

Staff Attending: Jared Anderson, Town Planner; and Robert Ritter, Town Manager

Public Attendance: Sixteen

The agenda, backup materials and an audio recording of this
meeting are available on the Town website.  Click here.

Mayor Tarr convened the workshop at 5:10 p.m in Council Chambers.

The purpose of this special meeting was twofold: to consider a planning grant for broadband on the island, and to obtain an update from Peter Johnston and Associates, LLC, on their most recent draft of the town’s 

Comprehensive Plan. Broadband Discussion.

Kat Edwards updated the Council on the Eastern Shore broadband initiative. Currently Parksley and Cape Charles have received broadband grant monies. She related that the Department of Housing and Community Development (DHCD) has invited Chincoteague to submit a request for a network planning grant. (Onancock and Onley may also become part of the system.) There is some urgency to request the grant as the letter is due 9/30. The grant would provide the town with $25,000.00; the town would have to supply $2,500.00. The money would be used to conduct surveys of businesses and health care providers; there may be funds left over to accomplish some preliminary engineering work.

If the town decides to go forward with a broadband spur line from Route 13, a full application will be due in January of next year. Construction money in the form of grants for the network could total up to $200,000.00; additional monies would be supplied by the town. Once the network is built it is turned over to the provider, a broadband authority, who both receives ongoing revenue and any outstanding debt. John Jester moved that the town proceed with the request for grant money; all agreed. 

Comprehensive Plan Update.

Peter Johnston and Associates provided an update of the Comprehensive Plan, beginning with the work done in 2003. They stated that in recent stakeholder meetings there was disagreement about the role the Planning Commission and the Town Council in approving major development projects. They also stressed that most of the changes to the current plan centered around the Land Use Plan chapters, specifically the creation of two new land use districts: Resort Residential and Resort Commercial. Additionally, the notion of annexation was added to the plan, providing the framework for future growth.

Mr. Anderson stated that he had reviewed the Economic Development and Housing portions of the plan and they were both improved since the previous iteration.  Council and Commission Comments. At this point Town Council and Planning

Commission members made the following comments:

Mr. Rosenberger stated that the revised plan provides broad guidance that can be further addressed through zoning.

Mayor Tarr voiced the need to have more time to review the revised document with the Planning Commission, followed by obtaining additional input from the public.

Mr. Anderson reinforced the desire to insure the public understood what was going on.

Mr. Ward wondered why the town would annex federal lands and asked if there was a precedent. He further questioned the criteria for “conditional use” within the districts. He continued that the baseline characteristics should be contained in the plan, e.g., safety, health, welfare, and that the zoning ordinance should house more specific guidelines.

Mr. Behr expressed pleasure that a downtown arts and cultural district was recommended, including the caveat that “more needs to be done”.

Mr. Terry Howard stated that he would like to see the bridge tender’s building preserved as a space to house art.

The meeting ended at 6:20 p.m.

Notes prepared by Nancy Lane & 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.

August 28, 2008 Special Workshop to Review Wastewater Needs

Town Council Members Attending: Mayor John Tarr, Ellen Richardson, John Jester,
Nancy Conklin, Terry Howard, John Howard, Jim Frese

Staff Attending: Jared Anderson, Town Planner; and Robert Ritter, Town Manager

Public Attendance: Eighteen
---------------------------------------------------------------------------------------------------------------------
Mayor Tarr convened the meeting at 5:45 p.m in Council Chambers. The evening’s presenters were delayed in traffic from D.C. causing the meeting to begin 45 minutes late.

To listen to the audio record of this meeting, click here.

The purpose of this special meeting was to obtain an update from Waste Water Management, Inc. (WWM), on the town’s sewer project activity. The presenter characterized the services performed since 2007 as Data Gathering, Preliminary Engineering, Budgeting and Financial Planning, Coordination with Regulatory Agencies, and Public outreach.

An overview of these services was presented as follows:

• Data Gathering included aerial photos, census data, state and federal water quality reports, compatibility with the town’s comprehensive plan, review of potential state and federal grant programs, preliminary technical submittals for planning and cost projections, and review of existing and proposed legislation affecting water quality and waste water discharges.

• Preliminary Engineering examined the construction conditions, conflicts, treatment plant sites, possible effluent disposal methods, alternative methods of sewage collection such as gravity, pumping, and vacuum; alternative installation sites for sewer lines, and preliminary costs. The point was made that the state preferred an ocean discharge, although the contractor identified this as a more costly disposal method.

• Budgeting and Financial Planning included estimated total cost. The contractor stated that the largest single cost would be road disruption and repair. Also included in this element was estimated user fees, projected operation and maintenance costs of comparable systems, estimated connection and monthly user fees, review of state and federal grant options, and a list of ways to establish and build a “sewer fund”. The contractor stated that Chincoteague was the largest town in the United States with no waste water treatment system.

• Coordination with Regulatory Agencies. The project began in January 2007 with subsequent meetings in July with the Environmental Protection Agency (EPA) to discuss the Deep Well Injection of effluent, and with the National Park Service (NPS) to discuss the declining water quality in Chincoteague. NPS has over 12 years of water quality data that could help the town procure grants for the construction of a wastewater treatment system. In December, 2007, WWM submitted a “White Paper” presenting alternatives for the disposal of treated wastewater on Chincoteague Island to the Virginia Department of Environmental Quality (DEQ), and the Virginia Department of Environmental Health (VDH).

• Public Outreach has included five presentations to the town, numerous talks with local realtors, bankers, and business owners. Additionally, WWM took water samples at Fowling Gut and Mallard Pond. One point of interest that surfaced during the town presentations was that a homeowner system, designated as an “alternative system” may be subject to annual inspections.

Significant Findings identified by WWM
It is clear that the town has declining water quality and increasing levels of nitrogen, phosphorus, chlorophyll A and e-coli, i.e., human waste. Pollution is pervasive and widespread. Deep Well Injection may be the town’s best discharge option if we are not allowed to discharge into shellfish waters.  Grants may be available to allay costs. Island business and commerce is in a steady state of decline. New, conventional septic systems are not easily permitted while other on-site systems are very costly.

White Paper prepared by WWM
The White Paper, Alternatives for the Disposal of Treated Wastewater, was prepared in December of 2007 for DEQ and VDH. and specified historical background, identified various disposal options, and evaluated the feasibility of each. The DEQ believes that the town may be able to make a case for disposal into the bay based on financial hardship. They also relayed that the existing eight disposal permits for bay disposal could not be combined. The suggested connection fee for each of 3900 connections in the town, assuming no grant money and no additional cost for businesses, is $8319.00. The annual projected user fee per connection is $182.00.

Next Steps proposed by WWM included:
a) identifying a project champion;
b) deciding if a wastewater treatment system is a go or no-go for the town;
c) if the project is a “go”, crafting a message to residents and businesses;
d) applying to the state for discharge permits at Fowling Gut and at Chincoteague Channel; and
e) investigating funding to cover the next project phases.

Council Comments. At this point Town Council members made the following comments:

Mr. Frese stated that the state would not permit overboard discharge and that there was no such thing as Deep Well Injection in the state of Virginia. WWM clarified that only the Environmental Protection Agency, not the state, could issue permits for Deep Well Injection, and if the town could not get permits for direct discharge into the Channel or the Gut, then Deep Well Injection is the next best option for the town.

Mr. Jester offered that most of the pollution in Chincoteague Bay is not from Chincoteague. Chincoteague Channel has a good flushing system. He expressed concern with the Deep Well option because of the large cost associated with determining if was indeed feasible. WWM responded that it would cost about $300,000.00 to determine if this was a regulatorily acceptable option. WWM further stated that Deep Well is the second least costly option after direct discharge, followed by pumping treated wastewater off the island. Discharge directly into the ocean
requires a stable pipe which appeared to be a concern. Mr. Jester then asked if we could maximize the use of existing discharge permits without combining them. WWM agreed to check on this.

Mr. John Howard expressed concern for the cost to residents and businesses, but thinks something needs to be done.

Mr. Terry Howard wondered what would the regulatory agencies do if the town did nothing. The state cannot force the town to put in a system, but if a system was installed the shellfish closure ban on Main Street could be lifted. WWM stated that the state prefers sewage treatment systems over septic tanks.

Ms. Conklin asked how discharge into Fowling Gut would effect flow patterns. WWM offered that the discharge would flush out the Gut.

Mr. Jester offered that the current contamination of Fowling Gut does not allow shellfish, however there is a concern with viruses associated with wastewater discharge. The town should propose trade-offs with the state, e.g., clean up Main Street by discharging into Fowling Gut.

Mr. Frese stated that septic applications are, by and large, being approved. He proposed the town should research using individual systems instead of a central system. He stated that the pollution we are experiencing is coming from Maryland and from rainwater, and the problem is not as severe as we think. He also offered that he does not believe the Virginia Marine Resources Commission (VMRC) will approve a system for the town. Mr. Ritter replied that the Department of Health does not track failed systems. Mayor Tarr stated that many permits are turned down before they reach the Health Department for approval.

Mayor Tarr then asked WWM if they could identify the costs associated with developing and submitted permits for discharge into Fowling Gut and Chincoteague Channel and  deep Well Injection. WWM replied that they would do this. Mayor Tarr then asked about a phased system--downtown and Maddox first--and how this would affect connection fees and user rates.

Mr. Jester asked WWM to identify how much effluent the eight existing discharge permits could handle. He also requested that VMRC identify, in writing, their problem with this option. He further stated that town does not wish to impact aquaculture.

Ms. Conklin asked about the filing fee. WWM replied that it is $2500.00. This figure does not include the engineering work necessary for filing.

Mr. Terry Howard voiced the desire for more information before making a final decision.  He stated that if the town does not install a wastewater treatment system we will live to regret it.

Mr. Frese responded that he does not think our position if so bad. He asked for the true facts and more data about what homeowners think.

The meeting ended at 8:05 p.m.

Notes prepared by Nancy Lane

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.

August 4, 2008 Town Council Meeting

August 4, 2008 Town Council Meeting

The August 4, 2008 Town Council meeting addressed these matters: public comments; report on bridge construction; tennis association sign permit; new committee assignments; repaving right-of-way in Don's Seafood Restaurant parking lot; resolution on town hiring practices; and comments from the mayor and council members.

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

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

Attendance

Present: Mayor Jack Tarr and Town Council Members: Nancy Conklin, Jim Frese, John Howard, Terry Howard, John Jester, Ellen Richardson,

Staff: Jared Anderson, Town Planner; Edward Lewis, Chief of Police; Robert Ritter, Town Manager ; Jon Poulson, Town Attorney

Approximately 30 citizens attended the meeting.

The meeting began at 7:30 p.m.

Public comment period

Ricky Betts asked the town to support the Chincoteague Football League as it had last year. About 100 children are involved.

Jim White drew attention to the lack of vehicles at the big Sunset Bay parking lot. There are 290 parking spaces but only 37 vehicles were there on pony penning day. The town should make adjustments in parking requirements to insure more green space.

Ron Mason encouraged the town to permit golf carts on town streets. He provided a list of state regulations pertaining to this.

Ray Rosenberger expressed disagreement with the draft resolution related to the work of town employees and restrictions on hiring. The established means of dealing with work issues should be used if there are problems, not sweeping resolutions that could damage staff morale.

Barbara Thackray spoke of the need for the town to prepare for the arrival of the new bridge and new traffic patterns. It is very important to entice visitors to come down town. Steps should be taken to identify and publicize historic sites. A trail map could be prepared. Perhaps a history association should be established. Mrs. Richardson suggested that the Council's Recreation and Community Enhancement Committee could take up these issues. Mr. Jester said that grants might be available from the federal government's Preserve America program. This is being done on Assateague.

Consider Hiring Requirements (resolution sponsored by John Howard and John Jester)

This announced agenda item was addressed by Mrs. Conklin. She stated that this resolution should be referred to the Budget and Personnel Committee or should be considered in closed session. The Council voted to consider the resolution in closed session later in this meeting.

Bridge Update

Bruce Garber of Jacobs Engineering and Tom Rokowski of VDOT were present to provide an updated report on construction of the new bridge. Garber is the construction manager for Jacobs which is supervising inspection of the project for VDOT. (He encouraged anyone with questions to contact him at the office at 6309 Church St, phone 757-336-5403). The project is on schedule with expected opening of the new bridge by late February 2009. By the end of October a one-way alternating traffic detour road will be opened at the Black Narrows area. This will be used until the new bridge opens. Signals will be motion controlled. Once the mainline bridge is opened temporary access to Marsh Island will be from the Chincoteague side until the bridge from the causeway to Marsh Island is completed later in 2009. Attention is being given to landscaping at the Maddox end of the bridge. By January-February the town should have its plans for what to do at the area of Maddox and Main. There will be a bascular ("teeter totter") bridge.

Mr. Jester noted the historic importance of the existing bridge for the town of Chincoteague. He hoped that parts of the bridge could be relocated to memorialize the bridge. Terry Howard suggested that the bridge tender's house could be relocated.

Sign Permit Application at Memorial Park by the Tennis Association

The Council approved the summer-time setting of a 5 by 3 feet sign at Memorial Park announcing the availability of free tennis lessons.

New Committee Assignments

Now that Anita Speidel has resigned and been replaced by Jim Frese, new committee assignment were approved:

Budget & Personnel Committee: Nancy Conklin, chair; John Jester; Jim Frese

Ordinance Committee: John Howard, chair; Terry Howard; Nancy Conklin

Meals Tax Committee: Nancy Conklin

Harbor Committee: Terry Howard, chair; John Howard

Recreation & Community Enhancement Committee: Jim Frese, chair; John Howard, Ellen Richardson.

Public Works Committee: John Tarr, chair; Ellen Richardson, John Howard

Planning Commission: John Jester

Cemetery Committee: Ellen Richardson, chair; Terry Howard

Public Safety (Police, EMS, EOC): John Tarr, chair; John Jester, Ellen Richardson

Liaison Committee: John Tarr, John Jester, Jim Frese

Chincoteague Recreation & Convention Center Authority: Nancy Conklin

Approve the Pavement of the right of way drive to Robert Reed Park

The Council approved $7850 to pave the town's right of way thru the parking area for Don's Seafood Restaurant. Tommie Clark wants to repave his parking lot and the work can be done more inexpensively now that the Branscome company has its equipment nearby on the Church Street project.

Mayor & Council Announcements or Comments

Police Chief Lewis invited everyone to attend the National Night Out event at Memorial Park Tuesday evening.

Mr. Jester thanked the town staff for the effective trolley service during the pony penning events. He thanked Mr. Ritter for the new town newsletter that was distributed in the Beacon. He announced that a trial date of August 12 at 9am in Accomac has been set for the citizen property assessment case. Everyone should attend. The town of Onancock has joined with Chincoteague on this.

Mr. Frese hoped that the town could soon establish signs around town directing people to local businesses.

Terry Howard hoped that there could be a savings in the sometimes extensive copying done in preparing agendas for town meetings. He also commended Jared Anderson for his excellent work as the town planner

Mayor Tarr drew attention to the August 21 special council workshop on the parking ordinance.

The open meeting ended 8:50 p.m. and was followed by a 70 minute closed meeting to consider what had been labeled the "public works hiring resolution."

Hiring Resolution

Council reconvened in open session for three minutes at 10:08 pm to approved a revised resolution re town hiring policy. Nine citizens were in attendance.

John Howard read this resolution:
   "Be it resolved that the Town Manager shall obtain Council approval before hiring personnel to fill any new or existing personnel positions for the town for the next six months. To obtain such approval, the Town Manager shall provide the Council with a request identifying the position to be filled, describing the duties of the position, providing an explanation for the critical need to fill the position, and providing an annual cost for staffing the position, including benefits. Said approval shall be obtained prior to advertising and/or interviewing for the position.
   "Further resolved that at the February 2009 Council Meeting, Town Manager shall provide Council with a workload and staffing analysis for all departments."

Council approved this resolution on a vote of 4 to 2. In favor: Jim Frese, John Howard, John Jester, Ellen Richardson. Against: Nancy Conklin and Terry Howard.

Notes by David Johnson, Barbara Thackray, and Vicki 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.

July 7, 2008 Town Council Meeting

July 7, 2008 Town Council Meeting

The July 7, 2008 Town Council meeting addressed these matters: keys to the city for David Ross and Glenn Wolffe; selection of vice-mayor; resignation of Anita Speidel; committee configuration and assignments; changes in employee handbook dealing with electronic communications; and comments from the mayor and council members.

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

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

Attendance

Present: Mayor Jack Tarr and Town Council Members: Nancy Conklin, John Howard, Terry Howard, John Jester, Ellen Richardson,

Absent:  Anita Speidel

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

Approximately 34 citizens attended the meeting.

The meeting began at 7:32 p.m.

The first event was the presentation to the town of a badge given to former mayor Chester Daisey (1967-71) by then Virginia Governor Mills Godwin. This was done by Thomas Rhodes and other relatives of Mr. Daisey.

Mayor Tarr presented keys to the city to former council members David Ross and Glenn Wolffe. The keys had been hand carved by Leonard Jester. Dr. Wolffe expressed his gratitude for serving the past eight years and noted that many citizens do not realize how much time and effort Mayor Tarr puts into his work. "You just do it right."

Public comment period

Betty Callahan asked about the status of high-speed internet on Chincoteague. Mr. Ritter responded that bids for the construction of the fiber-optic backbone down the eastern shore are about to go out. Construction of that should begin soon. Getting service to the towns is dependent on funding. He could not estimate when service would arrive on Chincoteague.

Bob Callahan updated the council on efforts to resume mail service in the Ocean Breeze area at the south of the island. Eddie Tull and the town postmaster have agreed on a post box location and the postmaster will provide the boxes. However, money is not available yet for the construction of a concrete base for the 260-270 boxes that would needed.

Vice Mayor Nomination

John Jester was approved as the new vice mayor. (He had received the most votes in the last council election). Council also approved adding John Jester to all bank accounts.

Resignation of Anita Speidel and Appointment of Replacement

Mayor Tarr read a communication he had received from council member Anita Speidel. Because of the demands of her work Ms. Speidel regretfully decided to resign her membership on the council. (After a closed session at the end of this meeting the council voted to accept Ms. Speidel's resignation. The council has 30 days to appoint a new member to fill out the term for two more years. Members of the public who are interested in serving have until July 21 to contact council members or the town office to express their interest. The council will consider this appointment at the workshop scheduled for July 24.)

New committee configuration and assignments

Mayor Tarr announced the new council committee configuration and assignments. Ms. Speidel's position will be replaced.

Budget & Personnel Committee: Nancy Conklin, chair; John Jester; Anita Speidel.

Ordinance Committee: John Howard, chair; Terry Howard; Nancy Conklin

Meals Tax Committee: Nanc Conklin

Harbor Committee: Terry Howard, chair; John Howard

Recreation & Community Enhancement Committee: Anita Speidel, chair; John Howard, Ellen Richardson.

Public Works Committee: John Tarr, chair; Ellen Richardson, John Howard

Planning Commission: John Jester

Cemetery Committee: Ellen Richardson, chair; Terry Howard

Public Safety (Police, EMS, EOC): John Tarr, chair; John Jester, Ellen Richardson

Liaison Committee: John Tarr, John Jester, Anita Speidel

Chincoteague Recreation & Convention Center Authority: Nancy Conklin

(Trolley's under Robert Ritter, General Government and Transportation issues under public works.)

Changes in the Employee Handbook

Council voted to approve additions to the employee handbook detailing town policy with regard to use of the Internet and email. Mr. Jester said it was important to have a clear and understood policy on these matters to prevent potential abuse and problems. Mr. Ritter noted that would be no extra cost to the town.

Mayor & Council Announcements or Comments

Terry Howard noted that there had been great improvements in the town roads over the years but there were still rough roads that the town might need additional help to fix.

John Jester observed that the town has big issues to address, including the new comprehensive plan and sewage. Of immediate concern is preparing for the new traffic patterns that will
come when the new bridge is completed next year. Planning for this should begin very soon. Improving downtown as a destination is important.

John Howard suggested that town employees should submit their ideas about how the town could work smarter and cheaper. A workshop should be held on this.

Ellen Richardson noted that the new restrooms at the harbor looked good. They had opened last week.

Mayor Tarr stated that there would be a council workshop on July 24 at 5 pm dealing with the parking ordinance. (This meeting will also take up the replacement of Anita Speidel on the council.) Later the council will move on to the new comprehensive plan and other important issues.  In September he hopes that the council will meet to look at short-term (1-2 years) issues and also at town needs in the 5 year and later 15-20 year periods. We need to get everything out on the table and establish priorities. He hopes to have these meetings facilitated.

The meeting ended 8:08 p.m.

Notes by David Johnson and Barbara Thackray

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 19, 2008 Town Council Meeting

The June 19, 2008 Town Council meeting addressed these matters: deer management program; adoption of the Fiscal Year 2009 budget; public hearing and adoption of the proposed zoning ordinance on signs; bids for installation of septic tanks at harbor and downtown facilities; changes in employee handbook; and comments from the Mayor and council members.

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

Audio of the meeting will be located at:
Audio Recording of the Meeting

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

Absent: Vice Mayor Anita Speidel

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

Approximately 18 citizens attended the meeting.

The meeting began at 7:30 p.m.

Public comment period
Mary Jester who has been coordinating the petition appealing recent county property tax increases stated that Judge Tyler will be holding a hearing in his courtroom in Accomac on Tuesday June 24 at 1:30. This is to establish the process to be used in circuit court and not to consider the appeal itself.  Mrs. Jester encouraged members of the Council and citizens to attend this hearing to demonstrate the concern of the public about this issue.

Deer management program
David Allaben of the US Department of Agriculture Wildlife Services presented a report on the deer management program. Since 2003 Chincoteague has contracted with Wildlife Services to control the population of deer on Chincoteague. A total of 252 deer have been removed thru shooting during the period, including 52 earlier in 2008. The deer have been donated to the Hunters for the Hungry group on the eastern shore. The program usually takes place in January and February. Mr. Allaben does not have an estimate of the total number of deer on Chincoteague but believes the deer removal efforts have probably not reduced the core deer population. Additional efforts, including use of traps and wider scope, may be needed. There has been a reduction of vehicle-deer collisions since 2003. Mr. Allaben suggested that the town help identify citizens who would be willing to permit use of their property for the program.

Members of the Council expressed concern about pigeons and what might be done to control them.

Fiscal Year 2009 Budget
The Council approved the $5.8 million budget and associated tax and fee rates. Councilwoman Richardson voted against. The Council earlier had held extensive meetings on the new budget. Mayor Tarr stated that a study indicates that tax rates and fees in Chincoteague are less than in other towns in Accomack county. Councilman Howard said this was important information that should be more widely known.

New sign ordinance
The town had been considering a new sign ordinance for several years. Jane Wolffe, a member of the Planning Commission, reviewed the lengthy process which had started with a survey of citizen opinion that had been filled out by 1220 people. This had indicated a high level of citizen interest in improving the town's appearance. She thanked Planning Commission and Council members for their extensive work on the new ordinance. Mayor Tarr noted that the Council had held seven meetings on the ordinance Councilman Wolffe thanked the town planner Jared Anderson for his valuable work on the subject. Council voted unanimously to approve the new ordinance. (The text of the sign ordinance can be seen in the Council Agenda for the June 19 meeting at: Sign Ordinance Text )

Bids for Installation of Septic Tanks
The town had two bids for installation of septic tanks at the harbor and downtown restrooms. The Council approved awarding of the contract to Rocky Hill Contracting for $47,840. Work should start in the next week or two.

Changes in the Employee Handbook
Council approved changes in the employee handbook related to executive/professional administrative leave. A maximum of 8 hours per month is permitted.

Mayor & Council Announcements or Comments
This was the final meeting for Glenn Wolffe and David Ross. Both expressed their appreciation for the opportunity to serve the citizens of Chincoteague and their appreciation of their colleagues.  David Ross also stated his admiration for the many citizens who participate in volunteer activities on the island. Other council  members thanked the departing members for their excellent service to the community. Mayor Tarr said this had been a really hard working Council that had taken on many important and hard issues.

Mrs. Richardson asked about the status of ongoing work on Church Street. Mike Cosby said that a final surfacing would take place after the summer season. Some work in tapering high spots would take place now.

Mayor Tarr said the swearing in ceremony for new Council members would take place on Friday, June 20, at 5pm. The next Council meeting is July 7. Members were asked to submit their requests for committee assignments.

The meeting ended 8:45 p.m.

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 2, 2008 Town Council Meeting

The June 2, 2008 Town Council meeting addressed these matters:  a public hearing on the Fiscal Year 2009 budget, consideration of the Adoption of the State Motor Vehicle Code, setting the date for a public hearing the proposed zoning ordinance on signs, report of the Budget and Personnel Committee, and comments from the Mayor and council members.

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

Audio of the meeting will be located at:
Audio Recording of the Meeting

Attendance
Present: Mayor Jack Tarr and Town Council Members:  Nancy Conklin, Terry Howard, Ellen Richardson, David Ross,

Absent: Vice Mayor Anita Speidel, Dr. Glenn Wolffe

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

Approximately 35 citizens attended the meeting.

The meeting began at 7:36 p.m.

Public Comment Period
Debbie Henson returned to the topic of road repair that had been a large part of the recent briefing by Supervisor Thornton and Mayor Tarr.  She lives on Mason Drive, a private road in need of repair.  The road is no longer served with postal delivery.  Trash pickup has only recently been restored after the trash truck got stuck in the poorly maintained road.  She made several suggestions including:  1) that the residents were willing to pay for materials if the Town would supply the equipment and labor to fix the road, 2) that the Town research government grants for funding the repair of private roads and 3) that the residents were willing to be taxed for the road repair.

Mayor Tarr reminded Ms. Henson of the Town policy to grade private roads at no cost to residents.  Ms. Henson said that the Town had done this once, but had refused to do it again.

A lengthy discussion followed on this matter. At the en Mayor Tar direct Mike Cosby, Director of Public Works, to examine the grading policy of the Town as it applied in this case.  Ms. Henson left her contact information with Mr. Cosby.

Jenny Van Dame rose to speak about public service.  She noted that it was regrettable that there were not a sufficient number of seats on the Council to accommodate all the citizens who were both qualified and willing to serve in this public capacity.  She complimented outgoing Councilman David Ross for courage in voting his convictions, his dignity and his respect for people. 

Joe Gillett asked the Council to take action about the overpopulation of deer and ducks on the Island.  He cited an example of a recent car accident caused when a duck flew into a car.  He noted that the Town pays someone to hunt and kill deer to keep the population under control but this is not sufficient.  He volunteered his service to shoot deer.  He commented that there are plenty of homeless people on the Shore who would appreciate a deer or duck dinner.

Mayor Tarr noted that during the winter fifty-one deer were killed by the contract hunter.  This was a significant increase in kills from the year before.

Marci Driscoll complained about the removal of post office boxes from Ocean Breeze.

Mr. Ritter responded that the Postmaster and developer, Mr. Eddie Tull, had agreed to put in place new mail boxes.  A letter sent to Mr. Tull requires him to construct a concrete pad for the new boxes.  Mr. Tull has not yet responded to this requirement.

The next speaker did not identify himself.  He suggested that a vacant lot in the development might be a suitable location for the mailboxes. But he could not find out who owns the property.  He said he was a licensed contractor and that he and others were willing to donate their time and materials to get the job done if they could get permission to place the structure on this lot.

The next speaker did not identify herself.  She asked two questions.  First, what happened to the trolleys in Ocean Breeze?

Mr. Van Dame, trolley manager, responded that trolley service is scheduled to return to Ocean Breeze during the second week in June as it did last year.  However, ridership on this line has been poor.

Her second question was about how to make a golf cart legal for use on the roads of Chincoteague.  She indicated that a man who owns one and has state tags and inspection continues to be stopped by Chincoteague Police.

Chief Lewis responded that Virginia Code prohibits the use of golf carts on state and municipal roads in Virginia.

The next speaker did not identify himself.  He asked what was the resolution of the questions raised about the condition of the roads in Bunker Hill.

Mayor Tarr responded that a letter had been sent to Eddie Tull, developer of Bunker Hill, advising him that poor condition of the roads was a safety violation.  This letter had motivated Mr. Tull to put gravel on some of the roads. Mayor Tarr reminded everyone that Council had thoroughly examined the question of the maintenance of private roads.  There is no legal way in which the Town can use public tax dollars to maintain private roads.  There are approximately twenty-six miles of private roads in the Town.  Declaring eminent domain and annexing all this property was not within the budget of the Town.  Even if that could be done, the cost of maintaining the roads could not be covered by the Town budget.

Mayor Tarr said that during July the Town plans to begin a program to identify who owns all the private roads in the Town.  Once owners have been identified the Town will examine whether or not they are paying taxes on these roads.

Public Hearing on the FY 09 Town Budget
N.B.  The budget will be considered for adoption during the June 19 meeting of the Town Council.

Town Manager Robert Ritter summarized the proposed budget.

Budgeted expenses total $5,857,908 for fiscal year 2009
Approximately expenditure ratios within this total are:
    General government        27%
    Mosquito control              3%
    Main Street Project          6%
    Harbor                            5%
    Police                           12%
    Trolley                            1%
    Water                           16%
    911 dispatch                   5%
    Roads                          12%
    Utilities                          5%
    Public Works                11%

The tax rate used to form the FY 09 budget was 6 cents per $100 valuation.  The FY 08 budget was based upon a valuation of 13 cents per $100.  The reduction realigned the tax rate against the new property assessment done by the County.

Harbor fees are tied to CPI and increase by 4.1%
Water rates increase by 3%

Mayor Tarr opened the floor for public comment. 

The sole, unidentified speaker asked what was included under the heading of capital projects.

The Mayor and Mr. Ritter responded that the $1,367,500 in capital projects covered items such as well pumps, drainage projects, vehicles for the Town, radio equipment, projects at Curtis Meritt Harbor and t hat half of the expense is debt service on the funds used to repair the main water line from the Towns wells.
The public comment period closed and Council discussed the budget.

Councilman. Ross noted that FY09 revenue includes $508,412 from the Virginia Department of Transportation.  These funds pay the Town of Chincoteague to repair roads that have been taken into State control.  He noted that not one penny of this revenue may be spent on the repair of private roads.

Councilwoman Richardson expressed her concern about the 3% increase in water rates and the $25,000 additional cost for the sewage study.  She indicated that she does not plan to vote for the budget because of these items.

Councilman Howard asked about the recovered cost from water of $123,720.  Mayor Tarr explained that this figure was due to the unplanned expense last year to repair the water storage tank and the water line repair on Church Street.  Money was transferred in FY 08 to cover these expenses.  During FY 09 these funds were planned to be recovered from the budget of the water department.  This was in part a cause of the increase in water rates.

The Council concluded discussion on the FY 09 budget and agreed to place the budget on the June 19 agenda for adoption.

Consideration of the Adoption of the State Motor Vehicle Code
As it does each year, the Town Council adopted the updated State Motor Vehicle Code of Virginia.

Setting the Public Hearing Date for the Proposed Zoning Ordinance on Signs
Town Planner Jared Anderson presented the proposed ordinance to the Town Council.

A long discussion ensued about political signs and signs advertising tobacco.  It was determined that more research needed to be done on these sections and that the public hearing should be delayed until something in July.   Council expects to review proposed changes to the draft ordinance during the June 19 meeting.

The Mayor noted that the Council has worked on the ordinance during the past seven months and before reaching Council the Planning Commission had spent three or four years developing the proposed ordinance.

Budget and Personnel Committee Report
Councilwoman Nancy Conklin reported on the May 20, 2008 meeting of the Budget and Personnel Committee. 

The Committee recommended to Council section 604 of the personnel handbook be amended to provide all salaried employees with the same privileges regarding administrative leave as the Town Manager, Director of Public Works and the Chief of Police currently have. [See page 55 of the agenda material for the proposed change in wording.]

COUNCIL ACTION:  Several members of the Council and the Town Attorney expressed confusion about the proposed language.  No one was able to offer a clear example of how the proposed working would work in practice.  All agreed on the intent of the change and most believed the wording did not fulfill the intent.  The proposal was returned to staff and committee for further work.  Mayor Tarr asked staff to examine current labor law to ensure that the definitions of exempt and non-exempt employees in the Town’s employee handbooks were up-to-date.

Mayor & Council Announcements or Comments
Councilwoman Richardson said that the Memorial Day parade was a great success.  She complimented John Jester and other members of the committee for their good work.

Councilman Howard paid tribute to Councilman Ross for his years of effective and dedicated service.

The public meeting ended 9:26 p.m. 

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.

May 5, 2008 Town Council Meeting

The May 5, 2008 Town Council meeting addressed these matters:  student government day, interpretive signage for Seaside Heritage Access, continuation of the public hearing for a conditional use permit application, an application for a lot line vacation, resolutions regarding Hurricane Awareness Week and Relief to Working Watermen, reports from four Council committees, setting a date for a public hearing for possible changes to the parking section of the Zoning ordinance, and setting the date for a public hearing for the Fiscal Year 2009 budget.

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

Audio of the meeting will be located at:
Audio Recording of the Meeting

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

Absent: Vice Mayor Anita Speidel

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

Approximately 65 citizens attended the meeting.

The meeting began at 7:30 p.m.

Mayor Tarr opened the meeting by announcing that the day was Town Student Government Day.  He introduced Bob White as the Student Mayor.  Mr. White introduced his Council members and staff and advised the Town Council that their top three priorities for the Town were:

1.  The Skate Park and its attendant problems.  The students recommended that the Town charge an annual permit fee of $25 or weekly permit of $10 to use the park and require users to sign an injury waiver.  They further suggested that users of the park who are over eighteen years of age should not be required to wear protective equipment for head and limbs.  Lastly they suggested that security cameras be installed at the skate park.

2.  Church Street.  The students recommended that parking on Church Street be prohibited except for that part of the street in front of the Methodist Church Thrift Shop where a fifteen limit should be imposed.

3.  Medical Issues.  The students suggested that the three doctors on the Island should be engaged to provide twenty-four hour coverage during tourist season.  The student believed that the two closest hospitals should assist with funding for this recommendation.

Public Comment Period
John Jester advised the Council that a petition was being circulated that would mandate the Virginia Commonwealth Attorney to challenge the recent assessment of real estate in Accomack County.  Mr. Jester advised that 250 signatures were required to move the petition forward.  The petition states that the Board of Supervisors acted illegally when they accepted the new real estate assessments because the work did not judge the fair market value of properties.  Mr. Jester advised that the petition could begin a process in which a court could order the reversal of the assessments.

Bob Moss asked that the Town assume responsibility for the electric bill for the public street light adjacent to his house. Power for the light is routed through his electric meter and costs $13 per month.  This light illuminates the way to the tower and police department facilities.

In addition Mr. Moss asked that the Town take action on the construction debris and decaying building at 7161 Bunting Road.

Mayor Tarr referred the electric power issue to the public works department and asked Building and Zoning Administrator, Kenny Lewis to review the status of the property at 7161 Bunting Road.

Bob Callahan advised the Council that today a traffic accident occurred at the intersection of Sea Shell and Ridge Roads.  This is further evidence of the need for repair and proper signage in Ocean Breeze that many residents brought to the attention of the Town Council during the April meeting.

Interpretive signage for Seaside Heritage Access
Matthew Cook, Regional Planner for the Accomack-Northampton Planning District addressed the Council on this matter.  The Accomack-Northampton Planning District Commission in cooperation with the Department of Environmental Quality and the National Oceanic and Atmospheric Administration is creating signage associated with the Seaside Heritage Trail. 

Three kiosks funded by the Coastal Zone Management Program of the Department of Environmental Quality will be installed.  Two will be associated with the seaside trail and highlight the economic and ecological value of seaside resources.  Text and graphics for the third panel has been left available for input from the Town of Chincoteague.

Locations for the panels are:  Robert Reed Park, The Nature Trail on Hallie Whealton Drive and the park across the street from the High School. 

Similar signs will be installed at Wachapreague and Willis Wharf.

Pages 10 and 11 of the backup materials for the Town Council meeting show the panels.
Council referred this matter to the Parks, Recreation and Community Enhancement Committee to determine the maintenance costs and who is responsible for the kiosks.

Continuation of Public Hearing for a Conditional Use Permit Application by Christine Schreibstein
Jared Anderson, Town Planner, introduced this topic by advising Council that the core issue in this matter is that “Complementary Therapy” is not a use or business identified in the Town Code.

Editor’s Note:  Use the search box on Chincoteague Reports to trace this application through the Planning Commission, and Town Council during the past fifteen months..  Use “Schreibstein” as the search term. There are nine occurrences of this mater on Chincoteague Reports

Ms. Schreibstein presented her request for a zoning variance that would permit her complementary therapy business to operate within residential zoning on a non-conforming lot.  She noted that her business has no employees, does not operate a store and can only see one client at a time.  Her property has three parking spaces but not the four required by the zoning ordinance. By her calculation three parking spaces would support her car and her client’s car making one surplus space.  She further requested that since the review of her request has taken fifteen months to reach this point and that the Council was learning is way throughout the deliberations that her $1,500 application fee be refunded if her request was denied.

Eight citizens rose to speak about the conditional use permit application.  Six opposed the application and two supported the application.  A common theme among opponents of the application seemed to be that the Town should stand behind its zoning ordinances and not allow a business to operate within a residential district.  Proponents of the application spoke of the positive results they have had with “Complementary Therapy” and that such a business should be encouraged in the Town.

After considerable discussion and lengthy comments by several Town Council members, the Town Council voted to deny the application on a vote of four to one with Councilman Wolffe casting the sole supporting vote.

Lot Line Vacation Application by Wayne and Catherine Maddox
Mr. Ritter reported that no one had opposed the lot line vacation and no one had raised any concerns about the applications.  Council granted the request of Wayne and Catherine Maddox for a lot line vacation on two contiguous properties they own. 

Resolution Regarding Hurricane Awareness Week
The Council designated May 25-31, 2008 as Hurricane Awareness Week in the Town of Chincoteague.

Resolution Regarding Relief to Working Watermen
The Council passed a resolution declaring “its support for a Petition by the Governor of the commonwealth of Virginia to the United States Commerce Department for financial relief under the Magnuson-Stevens Fishery Conversation and Management Act.”

Safety Advisory and Transportation Committee Report
Mayor Tarr presented the report of the April 3, 2008 Safety Advisory and Transportation Committee.  Highlights include:

•    John Jester reported on the revision of the Town’s Emergency Operations Plan.  He emphasized that the hurricane portion of the plan should be completed very soon.  Mr. Jester offered to assist the fire company write such a plan for their agency. 

•    Bryan Rush, Emergency Services Coordinator for the Town has been selected to be Vice Chairman of the Eastern Shore Disaster Preparedness Coalition for the coming year.

•    The next exercise to test after-storm actions will take place September 5 and 6.  The Town’s Emergency Operations Center will be activated on the 5th to test communications and the roles and responsibilities of individuals.  Equipment will be set up in the parking lot at the Community Center.   Discussions began about signing a Memorandum of Understanding between local and federal law enforcements agencies that describes their working relationships and jurisdictions during an emergency.

Budget and Personnel Committee Report
Councilwoman Nancy Conklin reported on the April 15, 2008 meeting of the Budget and Personnel Committee.  Highlights include:

•    The Committee recommend that the Town donation $250 to the North Accomack Soccer League.  This is the same amount granted to other not-for-profit sports organizations that support programs on the Island.

•    Health Care insurance was discussed in light of the development of 2009 budget.  The budget was prepared to account for United Health Care’s 12.5% rate increase.  This amounts to $410.77 for an unmarried employee and will be paid for by the Town.  Councilman Wolffe asked staff to investigate a plan that might have a lower rate for families but a higher deductible.

Mayor Tarr asked that the committee put out a request for bid earlier in the budget cycle of next year to see if more affordable plans are available.

Recreation and Community Enhancement Committee Report
Councilwoman Richardson presented the report of the April 15, 2008 Recreation and Community Enhancement Committee.  The Committee requested Council action on two items: 

1) The Committee requested that the Council place a letter in the newspaper notifying the public that the Skateboard Park will be manned this summer from 11 a.m. to 7 p.m. and may be closed at the end of the summer.  The Town will consider removing the equipment or placing cameras around the area of the skate park.

ACTION:   Town Council returned this recommendation to the Committee with the request to redraft the letter.  This request reflects the fact that few Council members were will to move the $125,000 skate park or close it for any extended period.

2) The Committee requested that the Council consider placing in Memorial Park a small board identifying donors and contributors who funded new playground equipment. 

ACTION: Town Council adopted this recommendation.  This action reflected the cost estimate that between $200,000 and $300,000 were needed to replace defective and non-standard equipment in the park.  Since such funds are not available in the Town budget or through grants, donors must be sought to fund the equipment.

The Committee also discussed the adoption of a Street Corner-Scape program.  The concept is that property owners of parcels that make up street corners would be identified and asked if they would like to continue with beautifying their portions of the corners.  The intent is to recruit citizens to adopt street corners in the way they current do under the adopt-a-road program.

Cemetery Committee Report
Councilman Howard presented the report of the April 22, 2008 Cemetery Committee meeting.  Highlights include:

•    Gary Turnquist reported the he completed and gave to Director Lou Hines, a five page report on Cemeteries on Assateague Island.  The report gave a record of the graves, sizes and what was inscribed on the tombstones.  He noted that some markers had been moved from Chincoteague to Assateague.

•    Councilman Howard acknowledged the recent donation from the Ruritan Club and a few private citizens. 

•    Mr. Turnquist reported that the State had no grant money available that would support the work of the Cemetery Committee.  The State could provide matching money to survey cemeteries.  However, that work has already been completed.

Setting a Date for a Public Hearing – Possible changes to Zoning Ordinance – Parking
The Planning Commission held a public hearing on March 25, 2008 to hear comments on proposed amendments to the parking section of the zoning ordinance.   The discussion about parking was resumed at the April 22, 2008 of the Planning Commission.  The results of that discussion have been recommended to the Council.  See pages 21- 25 of the back up materials.
Back Up Materials

ACTION: Town Council deferred action on this matter until such time that the proposed changes had been both consolidated and properly vetted as was done with changes to the signage ordinance.

Setting the Date for a Public Hearing for the Fiscal Year 2009 Budget
A public hearing on the Fiscal Year 2009 budget was set for the regular council meeting of June 2, 2008.  The date for adoption of the Fiscal Year 2009 budget was judged to be June 17. 

Council members raised questions about what effect any court ordered changes in the reassessment would have on the Town’s budget.  The current year tax rate on Chincoteague is 13 cents per hundred dollars of assessment.  The 2009 Fiscal Year tax rate on Chincoteague used in the Town’s proposed budget is 6 cents per hundred dollars of assessment.  If the court causes a change in the reassessment, it could cause budget problems for the Town.  If the court rolls back the assessment to the previous value, the Town will use its current tax rate. 

Mayor & Council Announcements or Comments
Councilman Ross relayed three citizen complaints.  A citizen requested that the Town enforce its Ordinance requiring pet owners to clean up after their animals defecate in public spaces.  This place in question was Pension Street.  Mr. Ross requested Chief Lewis to be observant about this matter.  Mr. Ross also commented on the unreliable and low quality of cable TV service on the Island.  He said that it was not worth $58 a month.

Councilman Wolffe spoke about the end of his second term of office being near at hand.  He expressed his gratitude to the voters for the opportunity to serve during the past eight years.  He thanked his colleagues for their professionalism and dedication to the well being of the Town.  Dr. Wolffe also asked the Town to consider Ms. Christine Schreibstein’s request that her application fee be refunded.

Councilman Howard said that the Council needs to reconsider the road situation in Ocean Breeze.

The public meeting ended at 9:35 p.m. 

Notes by 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.

April 7, 2008 Town Council Meeting

April 7, 2008 Town Council Meeting

The April 7, 2008 Town Council meeting addressed these matters: public comments, committee reports, conditional use permit for Christine Schreibstein, Virginia Safe Kids Week, longer grace period for anchoring fuel tanks, extension of library boundaries, request of Island Marina to use spoil site at Curtis Merritt Harbor, property line vacation case, bids for solid waste provider, town job descriptions proposal, announcements and comments.

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

Audio of the meeting will be 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

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

Twenty-seven citizens attended the meeting.

The meeting began at 7:35 p.m.

Public Comments

Virginia Van Dame thanked the members of the council and the town staff for their work in helping the community.

Sandy Bowden spoke for the Parents Active with Students for Safe Socials (PASSS) group that organizes annual after prom activities for high school students. Last year 91% of students participated and of that 94% stayed all night. This will be the 13th year and the group again seeks the support of the council. The council agreed to donate $250.

A citizen spoke about the confusing process of appealing property assessments. Mayor Tarr noted that on April 9 he and Supervisor Wanda Thornton will be offering a workshop to assist the public with applying to the County Equalization Board.

Public Hearing for a Conditional Use Permit application – Christine Schreibstein

Ms. Schreibstein has been attempting to establish a “complementary therapy” home business on Clark Street. The Planning Commission has recommended denial primarily on the grounds of insufficient parking. Ms. Schreibstein could not be present at this meeting and the council agreed to postpone consideration until the May meeting when she can attend.

Virginia Safe Kids Week

The council adopted the Eastern Shore of Virginia Safe Kids Proclamation, April 26-May 4, 2008.

Extension of Grace Period for Anchoring of Fuel Tanks

As a safety measure in case of flooding the council, with the cooperation of the companies concerned, has already approved the anchoring of all fuel tanks. The companies have requested an extension of the grace period from November 2008 to November 2010. The council approved this.

Recreation Issues

Plans to create a second nature trail on Hallie Whealton Smith Drive are proceeding. It will be about ¾ of a mile on the north side of the road across from the existing nature trail. It will be unpaved.

There was discussion of vandalism at the skateboarding park at Veteran's Memorial Park. Some council members encouraged relocation of the park to town property near the town offices. Police Chief Lewis said someone would be stationed at the park thru the summer.

Extension of Library Boundaries

A new survey has indicated the need to slightly redraw the boundaries of the town library property. It will be about the same square footage. This also concerns the relocation of the septic tank that is shared by the library and the town marina. The council approved.

Other Action

A request to allow Island Marina to use the spoil site at Curtis Merritt Harbor was approved.

Council approved the setting of a  date for a public hearing on a property line vacation for Wayne and Kathryn Maddox on Woodland Drive.

Bids for a Solid Waste Provider for 5-Year Contract

The town has received two bids for a solid waste provider, from Davis Disposal and from Waste Management. The bids are very similar in cost but Waste Management’s (the current provider) for several reasons was “not responsive.” A five-year contract would be renewed year-to-year. Council approved awarding the contract to Davis Disposal, Inc. for fiscal year 2009 in the amount of $349,628.

Position Description Review Proposal by Heather Hill

Council members and town staff  have felt a need to review and clarify job descriptions for important town government positions. An expert consultant, Heather Hill, has proposed doing this work in April and May. This should take 40-50 hours and cost around $1750. There may be further work on this project later. Mayor Tarr indicated the money was available within the current budget, in part because more than $20,000 in budgeted lawyer fees have not been expended. Council approved, with Terry Howard and David Ross opposing.

Mayor & Council Announcements or Comments

Meetings scheduled this week for the Public Works, Ordinance, and Harbor committees are cancelled.

David Ross noted that the road coming out of the Maddox Campground onto the traffic circle has no stop sign. This should be looked into.

Mike Cosby, director of public works, said that Church Street repairs should be finished by May 1.

Mrs. Richardson noted problems in the island’s 911 system. These should be ironed out shortly.

Mrs. Richardson also wondered if Chincoteague might create its own wetlands board. Mr. Howard agreed. Mayor Tarr said the town staff could look into this but it is a complicated subject.

Mayor Tarr said that the town’s spring cleanup week is April 19-27. There will be extra trash pickups. He also announced that he and Supervisor Wands Thornton will be holding their quarterly meeting to discuss county and town issues with the public on April 21 at 7:00 p.m. in the Chincoteague Council Chambers.

The public meeting ended at 9:05 p.m.  The Council then entered into a closed session to consult with legal counsel.

Notes by David Johnson and Nancy Payne

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.

March 3, 2008 Town Council Meeting

March 3, 2008 Town Council meeting addressed five matters:  Commitee reports, spring clean up week, a report from Supervisor Wanda Thornton, committee appointments and setting a date for a public hearing regarding a conditional use permit application.

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

Audio of the meeting will be located at:
Audio Recording 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

Staff: Edward Lewis, Chief of Police; Jon Poulson; Town Attorney; Robert Ritter, Town Manager

Approximately twenty  citizens attended the meeting.

The meeting began at 7:35 p.m.

Mayor Tarr opened the meeting by asking Chief Lewis to introduce a special item.  Chief Lewis called forward Colin Smith.  Mr. Smith offered an apology to the Town Council for his action of writing graffiti on a stall in a public restroom.  The Council accepted his apology.  Chief Lewis indicated that Mr. Smith had spent two days in Town parks clean graffiti from various surfaces.

Public Comment Period
No one rose to address the Council

Public Works Committee Report
The complete minutes of the Committee are located at:
See Public Works Committee PDF

Councilman Wolffe reported on the February 12 meeting of the Public Works Committee.  Highlights of the meeting include:
•    Councilwomen Richardson asked the committee to reconsider charging residents for garbage collection.  Mr. Cosby will provide an updated list of complaints for the committee’s next meeting.
•    The committee reviewed by took no action upon the request of Charles Gorsuch to reconsider his water bill.  Mr. Cosby advised that it was unknown whether the leak was above or below ground.
•    The Committee reviewed the January 2008 report updating progress on projects, operations and administration for the purpose of setting priorities in the schedule of work.

Harbor Committee Report
The complete minutes of the Committee are located at:
See Harbor Committee PDF

Councilman Howard reported on the February 13 meeting of the Harbor Committee.  Highlights of the meeting include:
•    Only two commercial boats are currently are currently subleasing slips
•    Works has begun on the restroom and bath facilities.  The foundation ahs been set.  No bids have been received for the sewage tanks.
•    Thieves are stealing gas from boats in the harbor and vandals have thrown down the bench installed by the Boy Scouts.  The Chincoteague Police and other agencies are monitoring the security of the harbor.
•    The Charter Boat Association has requested permission to install a sign that would display the association’s logo and have information boxes.  The committee agreed with the request.
•    Funds have been requested from the Virginia Port Authority to construct the breakwater for the harbor.  All but one of the required permits for the project have been received and that is anticipated to arrive soon.
•    The next meeting of the Harbor Committee will be April 9 at 7:30 p.m.

Recreation and Community Enhancement Committee Report
The complete minutes of the Committee are located at:
See Recreation and Community Enhancment PDF

Vice Mayor Speidel reported on the February 13 meeting of the Recreation and Community Enhancement Committee.  Highlights of the meeting include:
•    The committee decided to move the Island Clean Up Week to April 19 – 27.   Earth Day on April 19.
•    Jared Anderson, Town Planner, presented four possible trail scenarios for phase two of the walking trails off Hallie Whealton Smith Drive.  The committee selected the first scenario and agreed to proceed with the required application to the Army Corps of Engineers.
•    The committee approved the placing of a stoned paved, circular driveway at the park across from the high school.  The purpose of this facility is to provide a turn around for trolleys
•    Council member Ross requested that staff look into the drainage in the park across from the high school.
•    Vice Mayor Speidel advised that she would find out the progress made on taking elevations shots for the track at the high school.
•    Council member Conklin requested that a larger sign be placed at the walking trail on Hallie Wheaton Smith Drive.

ACTION by Town Council: Council passed a resolution declaring April 19 – 27 to be Spring Clean-up, Paint-up, Fix-up Week to coincide with Earth Day.  Debris collected during the week is to be placed for pick up during the week of April 21 – 25.  Resident are to call the Town Office to give notice that items are ready for pick-up.

Cemetery Committee Report
A report the Committee is located at:
Cemetery Committee Report on Chincoteague Reports

Councilman Howard reported on the February 26 meeting of the Cemetery Committee.   Highlights of the meeting include:
•    The cemetery clean up fund stands at $1,045 and is sufficient to cover clean operations through Memorial Day.
•    During January the committee met with Fish and Wildlife for the Assateague Cemetery Conference.   Dr. Ethel Eaton, with the Virginia Dept. of Historical Resources indicated that there is potential grant funding for historical projects associated with the cemeteries on Chincoteague.  A query for specifics has been sent to her office to explore this.  The initial goal for grant funding would be to hire professional help to straighten large, listing monuments, throughout various cemeteries on Chincoteague.
•    A clean-up date of March 12th has been set, to go through and clip Holy Ridge and Reed Family cemeteries of last year’s growth.
•    On Saturday, March 1, the committee will work on cleaning up the cemetery on Assateague.
•    The work of the Cemetery Committee is spreading to the mainland.  They will assist in the clean up of a cemetery on Wallops Island, adjacent to the NASA facility.
•    The next meeting of the Cemetery Committee is April 29 at 5:30 p.m.

Report by Supervisor Wanda Thornton
Supervisor Wanda Thornton made her quarterly report to the Council.  Highlights of her remarks include the following points.

•    County Comprehensive Land Use Plan
There is a push to implement the Chesapeake Bay Act on the seaside.  Although incorporated towns would be exempt from the regulations, it is not clear that the Virginia Department of Health will honor that exemption. 

•    Reassessment
The reassessment activity of the county is in a highly confused state and it is unclear at this time what the final tax rate will be.  Projects are that it may lie some where between 28 cents per hundred dollars of assessment and 32 cents per hundred dollars of assessment.  Many land owners are seeking to place their property into agricultural reserve in order to avoid large tax increases.  These actions mean that few tax payers will shoulder the cost of running the County. 

The total assessments on Chincoteague have been reduced by $77 million.  However the total property assessment remains at more than $1 billion.

The average increase in assessment on Chincoteague is 131%.  If the tax rate goes down by 50%, as seems to be the case, Chincoteague property owners will still face a substantial tax increase.

The Equalization Board meets in March.  Anyone who disputes their newly assessed property value should schedule an appointment with the Board.  The assessor did not take into account how factors like soils and pave roads alter the market value of a property.  Mayor Tarr noted that the assessor decreased assessments in Captain’s Cove by 10% to reflect the decline in market vales of property.  But not such action was taken for properties on Chincoteague.  The average decrease in assessments on Chincoteague after an appeal was 1.5%

•    Sewer Regulations
The Virginia Department of Health has begun to enforce regulations dating to 1982.  These regulations require that a property owner who seeks to install or repair a septic system include in the permit applications these items:  1)  a survey plat of the property marking the four corners, 2) a plat showing the location of all underground utilities and 3) an analysis of how the project complies with the Chesapeake Bay Act.  These requirements are onerous and expensive.  Some relief has come in the form of a waiver of the survey requirements for repairs done to septic systems.

•    Sewage Lagoon Closures
Each year approximately 5 million gallons of sewage is deposited in two sewage lagoons in the county.  One has recently closed.  The Board of Supervisors is trying to get a receiving station for sewage constructed at the North County Landfill.  It currently costs $250 to pump and existing sewage tank.  One of the largest contractors in the County, Boggs, is currently carrying the pumped sewage to Pocomoke City for deposit.  However, no long term contract to continue this relationship has been signed.   The Board of Supervisors has requested that the Town of Onancock open a receiving station at its newly constructed sewage treatment plant.

•    Enterprise Zone
Enterprise zones no longer need to be contiguous in order to be approved.  Supervisor Thornton asked the Council to make recommendations about enterprise zones soon so that these may be included in the next round of updates.

•    Flounder Regulations
The increase in the catch limit on flounders to 19 inches will be economically devastating to the seaside.

•    Wetlands Board
The Board of Supervisors has imposed a fee of $12 per square foot on properties seeking a wetlands permit.  The Wetlands Board recommended a fee of $8 per square foot.  Supervisor Thornton proposed a fee of $2 per square foot.  She said that the $12 fee would be extremely expensive for anyone seeking to go forward with any project that required a wetlands permit.

She recommended to the Town that it create its own wetlands board.  Incorporated Towns have the authority to do that and may set their own permit rates.  Furthermore, if the Town has its own wetlands board the permit fees stay in the Town rather than going to the County.  Wetlands permit fees may be used to fund phragmites control.

•    Raises For County Employees
The Board of Supervisors passed a 4.1% COLA for County employees.

Committee Appointments
•    The following persons were reappointed to the Chincoteague Recreation & Convention Center Authority for terms lasting four years ending on December 4, 2011.
    o    Nancy Conklin
    o    William Chrisman
    o    William Fallon

•    Michael Tolbert, PE was re-appointed to the Building Code Board of Appeals for a term of five years and ending on December 31, 2012

•    Michael McGee was recommended for reappointment to the Board of Zoning Appeals for a term of five years ending on December 31, 2012.  A letter was send to the Honorable Glenn Tyler, Judge regarding Mr. McGee’s reappointment.

•    The following Chincoteague Residents have expressed interest in filling the vacancy on the Planning Commission:
    o    S. G. Papdopoulos
    o    Lisa Traynor
    o    Barbara Luehnig
    o    Beth Holston
    o    Tripp Muth
    o    Nicholus Greif

Council members nominated Beth Holston, Tripp Muth and Lisa Traynor to fill the vacancy.  On the first ballot, the nomination of Tripp Muth carried with four votes.

The term of the vacant position is four years ending December 31, 2001.

Setting the Date for a Public Hearing
Council determined to proceed with a public hearing on the application of Ms. Christine Schreibstein for a conditional use permit.

Mayor & Council Announcements or Comments
Vice Mayor Speidel announced that the next meeting of the Recreation and Community Enhancement Committee will be on March 18 at 6:30 p.m.

Mayor Tarr announced that the celebration of the 100th anniversary of the incorporation of the Town will be held on March 13 at 5 p.m. in the Community Center.

The public meeting ended at 8:55 p.m.  The Council then entered into a closed session to discuss personnel matters. 

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.

February 4, 2008 Town Council Meeting

The February 4, 2008 Town Council Meeting covered these topics:

1.  FY 2007 Financial Report
2.  Bid on 911 Computer Technology Integrated Call System
3.  Report of the Public Works Committee January 8 meeting
4.  Report of the Budget and Personnel Committee January 15 meeting
5.  Resolution for LEOS retirement program for EMS personnel.
6.  Resolution authorizing application for State aid to public transportation
7.  100th Year Anniversary
8.  Consideration for a date for a Joint public hearing with the Planning Commission to consider the Parking Section of the Zoning Ordinance
9.  Comments and announcements from Mayor and Council.
10.  Closed meeting to discuss land acquisition

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

Audio of the meeting will be located at:
Recording of the Meeting

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

Absent:  Nancy Conklin and Vice Mayor Anita Speidel

Staff: Mike Robert Ritter, Town Manager; Jon Poulson; Town Attorney; Jared Anderson, Town Planner

The meeting began at 7:30 p.m.

Public Comments
Molly Cherrix addressed the Council regarding the employee evaluation form.  She suggested that the current form is out of date and a new ones need to be developed that addresses the unique work done by each department.

FY 2007 Financial Report
The audit firm presented the financial statements to the Council and took questions on the findings.  A few technical details were discussed including the Chincoteague Community and Convention Center and internal controls of financial reporting.

Much of the discussion centered on the amount of reserve funds the Town should carry.  Councilman Wolffe noted that excluding grants funds, the Town’s reserve balance was $5 million.  He wanted to know how large the reserve fund should be to protect the Town’s operation against unforeseen economic trouble.  The auditor explained that there was no agreed upon standard for the size of a “rainy day fund.”

Councilman Ross remarked that some discussion about planning and specifics needs to done prior to the 2008 audit.

In response to a question from Councilman Howard, the Auditor noted that new, mandated financial standards have been put into place and will apply to the 2008 audit.

Bid on 911 Computer Technology Integrated Call System
Verizon was the only company to respond to the bid request for the 911 system.  The existing 911 system is ten years old and its technology cannot be upgraded to meet current standards.

The cost of the new equipment is $206,981.63.  A grant totaling $150,000 will partially fund the cost.  The Town’s share will be $56,981.63 of which $50,000 is currently on hand.

Report of the Public Works Committee January 8 meeting
No items in this report required Council action.  The complete report of the Committee is available at:
Public Works Committee January 8, 2008 Report

Report of the Budget and Personnel Committee January 15 meeting
The complete report of the Committee is available at:
Budget & Personnel Committee January 15 Report

Much of the discussion centered on the issue of the employee evaluation form raised by Ms. Cherrix during the public comment portion of the meeting.  After considerable discussion Mr. Ritter was asked to prepare a new form for review.

Resolution for LEOS Retirement Program for EMS Personnel
The resolution was presented to the Council based upon its decisions made during last month’s meeting.  The resolution commits the Town to an irrevocable election to provide 138 retirement coverage for all eligible emergency medical technicians as authorized by the Virginia General Assembly July 1, 2007.  This coverage means that retirement allowances will be equal to the amount of credible service multiplied by 1.85 percent of the average final compensation as described within the legislation.

This decision affects five employees and will cost $24,000 per year or $4,800 per employee.

Resolution authorizing application for State aid to public transportation
The resolution authorized a request for $75,400 grant from the Department of Rail and Public Transportation to support the operation of the Trolleys on Chincoteague. 

100th Year Anniversary
The discussion of the ways in which the 100th Year Anniversary of the Town will be recognized included these points:

•    Passage of a proclamation dedicating 2008 to be a year long celebration of the Town’s centennial year
•    Adoption of a centennial logo
•    Approval of a budget of $5,000 to cover publications, flags and ceremonies
•    The creation of a Town Display to be available for the March 13 ceremony at the Community Center

Other activities were discussed.  More details will be forthcoming during future Council meetings.

Consideration for a date for a Joint public hearing with the Planning Commission to consider the Parking Section of the Zoning Ordinance
Much discussion ensued on this topic.  It was decided that the Planning Commission will first hold a public hearing on the proposal and following that, the Town Council and Planning Commission will hold a workshop to discuss the proposal.  Mayor Tarr noted that this matter has been in process for three years.

Announcements and Comments from Mayor and Council
Councilwoman Richardson expressed her appreciation for the opportunity to attend meetings on Assateague cemeteries held at the Refuge. Mayor Tarr responded that Lou Hinds, Refuge Manager, has expressed his thanks for the Town’s Input.  Assateague Village will be marked with plaques noting the historic place of the former settlement.

Councilman Ross noted that he attended the lighthouse restoration meeting.  He expressed appreciation to the volunteers of the Chincoteague Natural History Association and Friends of Chincoteague National Wildlife Refuge for the many things they do.

Councilman Howard announced that the cemetery at the former site of Christ United Baptist Church has been thoroughly cleaned.  The committee will, before tick season, go back working on the clean up of cemeteries along Deep Hole Road.  He also announced a meeting to be held at the Chincoteague Island Library to plan for the clean up of the Assateague cemeteries and to draw plans of these cemeteries.

Mayor Tarr announced that the Refuge is applying for grant money to extend the bike trail from the traffic circle to the bridge.

The public portion of the meeting concluded and the Council entered into closed session to discuss land acquisition.

Notes by Barbara Thackray

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.

January 7, 2008 Town Council Meeting

The January 7, 2008 Town Council Meeting covered these topics:

1.  Public comments.
2.  Broadband discussion
3.  Discussion of parking section of the zoning ordinance postponed to January 17.
4.  Judging results of the Christmas decorations.
5.  LEOS retirement program for EMS personnel.
6.  Adoption of an ordinance for a lot line vacation.
7.  Announcements from Mayor and Council.

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

Audio of the meeting will be located at:
 Recording 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

Staff: Mike Cosby, Director of Public Works; Jon Poulson; Town Attorney; Robert Ritter, Town Manager

Approximately 20 citizens attended the meeting.

The meeting began at 7:30 p.m.

1.  Public Comments
Four citizens addressed the Town Council.

a. Two students from Chincoteague high school and the school's Hi-Y club described plans to send 15 students to Richmond for the model general assembly conference April 3-6. This will introduce young people to the legislative process. The cost is $325 per student and the club is seeking support from the Council. The club has already had several fund raising events and plans more. It is also offering contracts for "donations for service" to Chincoteague businesses and organizations able to support the project. The high school sent only two students last year, the first time Chincoteague participated. $3000 more is needed.

Members of the Council were enthusiastic about this project and approved moving toward a town grant of $100 per student. Members encouraged the students to approach local businesses for support.

b. Robert Watson described the erosion of his property on the east side in the ten years since a flood gate was removed from a ditch. He had previously sought assistance from the town. The Corps of Engineers opposes flood gates. Mayor Tarr said the town would look into the matter.

c. Dean Forcino (ed - spelling uncertain) discussed the recent property reassessment and his hearing. He said his taxes would go down because of a reduction in the tax rate. Mayor Tarr said that the county actually has yet to adopt a new tax rate and the results will vary for different individuals.

2. Broadband discussion with Barbara Schwenk, economic development coordinator for the Accomack-Northampton Planning District Commission

Ms. Schwenk updated the council on progress in bringing high-speed broadband Internet, television, and phone service to the eastern shore and Chincoteague. She said $5 million was available to install fiber optic cables from the Wallops Flight Facility, out route 175 and down route 13. Construction is expected to begin this spring. The towns of Chincoteague, Parksley, Onancock, and Cape Charles will be able to have spurs off the main fiber backbone. Each town, however, must commit to a local distribution network, which would provide broadband services to subscribers.

In considering a resolution of support for broadband members of the Council discussed whether the Council wants to "commit" to a distribution network or simply express its "intent" to move toward a network. Concern was expressed about the uncertainties and potential expense of the project. The wording of the resolution was adjusted to reflect these concerns. The Council then unanimously voted to adopt and send a resolution and letter stating its intent to develop a distribution network. Members felt having broadband access on Chincoteague was vital for future economic progress.

3. The presentation of the new parking section of the zoning ordinance was postponed because of the illness of Jared Anderson, director of town planning.It will be discussed at the special Council session on the new sign ordinance January 17.

4. Christmas Home Decoration Judging
Mr. Ritter read the names of the winners. Mayor Tarr thanked the library board for its judging of the decorations and proposed that the town send a contribution to the library.

5. LEOS (Law Enforcement Officers) retirement program for EMS personnel.
After the town last year approved including police officers into the LEOS program, the Council asked staff to look into adding the Emergency Medical Personnel to the LEOS program (possibly in January). Cost of adding the five full-time EMS people would be about $25,000.

All members of the Council expressed support for including the EMS personnel in the retirement program. Mayor Tarr said Chincoteague needed to be competitive with nearby localities in order to retain good people. Mr. Howard stated his concern about the wide range of rising costs on Chincoteague and the difficulty that some residents are having in affording to live here.  "We need to watch what we are doing. The economy is not rosy." Mr. Ross was opposed to making large budget changes in the middle of the budget year. Dr. Wolffe was uncertain about the calculation of costs of the program and asked Mr. Ritter to look into the costs again. The Council voted to approve the program.

6. Adoption of an ordinance for a lot line vacation for Racing Moon, LLC
The Council approved the request to vacate a lot line separating Lot 19 on Warren Street in Richardsons Landing. The purpose of the lot line vacation is to add land to Lot 19 so that a detached garage may be constructed to serve the existing residence. The earlier disagreement among concerned parties has been resolved. [For earlier discussion see Chincoteague Reports – Town Council – September 4, 2007 Meeting - Public Hearing for a Lot Line Change for details and Town Council-December 3, 2007 Meeting.].

7. Announcements from Mayor and Council
Mr. Ross expressed support for making improvements in the public address system in the Council chambers. More microphones are needed.

Mayor Tarr noted meetings to take place at the Refuge over the next few days to address transportation ideas for Assateague, Chincoteague, and the causeway. This particularly concerns trail and bike paths. The meeting is a discussion with consultants and is not open to the public but Council members will attend. Later there will be an opportunity for public participation.

Mr. Howard criticized the latest fee increased for cable television service on Chincoteague. The service is erratic. Members of the Council were not sure what the town could do about this but there will be further attention paid to what has been a long-standing problem.

Mayor Tarr announced that he and Supervisor Wanda Thornton will be holding a meeting with citizens on January 14 at 7pm in the Council Chambers. This will be the first or a planned quarterly meeting for the Mayor and Supervisor Thornton to brief the public on town and county issues and to take questions.

Mayor Tarr also announced that there will be a January 29 meeting at the Refuge to discuss the restoration of the lighthouse. On January 30 there will be a meeting about cemeteries on Assateague.

Notes by David Johnson and Barbara Thackray

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.

December 3, 2007 Town Council Meeting

The December 3, 2007 Town Council Meeting covered these topics: 

1.  Presentation of the development of Wallops Research Park
2.  Christmas Home Decoration Judging
3.  Accomack County Board of Supervisors Update
4.  Consideration of drafting a letter to the Board of Supervisors regarding reassessment
5.  Public Hearing for a lot line vacation for Racing Moon, LLC (possible adoption of ordinance)
6.  Budget & Personnel Committee Report
7.  Announcements from Mayor and Council. 

A closed session on personnel matters followed the public meeting.

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

Audio of the meeting will be located at:
Audio Recording 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

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

Approximately 25 citizens attended the meeting.

The meeting began at 7:31 p.m.

Public Comments
Six citizens addressed the Town Council.

1. Jim White spoke about his perception that the current Town ordinances that require a specific ratio of parking spaces to dwelling units in multi-family developments damage both the aesthetics and quality of the Island’s environment.  He believes that the current ordinances require excessive amounts of parking.  Mr. White spoke about the need to amend the ordinances before phase III of Sunset Bay Condominiums begins construction.  He cited figures of capacity and use of the asphalt parking lot that supports phase I of Sunset Bay to demonstrate his points.  Mr. White suggested that some of the excess parking should be converted into grass areas.  That, he said, would be better to look at and be a better filter of contaminants that drain off the asphalt during rain.

Mayor Tarr advised that the Council plans to re-examine parking regulations during the January 2008 meeting.

2. Spider Fleming spoke in support of bringing broadband communications to the Island.  He said that he had recently changed his communications service to Verizon and away from Charter Cable.  He reported that frequent channel outages, snowy reception and poor customer relations caused him to change providers.  Mr. Fleming urged everyone to visit the Verizon website and complete the form expressing interest in signing up for fiber optic service [FiOS] that would bring broadband to the Island.  He believes that a strong expression of interest from Chincoteague residents would demonstrate the economic viability of bringing FiOS and Broadband to the Island.  [ed. Verizon’s FiOS website is: http://www22.verizon.com/content/ConsumerFiOS/]   Verizon FiOs Website

3.  Ron Mason spoke on behalf of the History Tour Volunteers to express thanks to the Town Council, Chamber of Commerce for support of the History Tour program.  During the summer of 2007 the tours were extended to two days a week.  There were 866 riders who produced $2,404 of income for the Town.  New benches and signs were placed in front of the Chincoteague Center.  Mr. Mason asked the Town to consider reserved parking for the trolley in front of the Chincoteague Center.  This would be helpful because the trolley needs to park where there is a standard curb and not a handicap ramp. The distance between street level and the first step on the trolley is difficult for some passengers.  Reserving a spot with a standard curb would ameliorate this situation.

4. The Next Speaker Did Not Identify Himself.  He said that he represented residents of Richardson’s Landing who were concerned about the proposed lot line vacation on the Council's agenda.  He advised the Council that this group of residents had not reached an accord with Mr. David Landsberger regarding his proposed lot line vacation... [ed. See Chincoteague Reports – Town Council – September 4, 2007 Meeting - Public Hearing for a Lot Line Change for details].  The residents sought to establish a 12-foot right-of-way through Mr. Landsberger’s property in order to have access to the canal so that it could be maintained.  He said that if the lot line was vacated, the residents would take the matter to court for resolution.

5. David Landsberger presented his side of the issue to the Council.  Mr. Landsberger said that he had offered a 5-foot right-of-way to the residents.  In order to grant the 12-foot right-of-way that was requested, he would have to tear down his shed and the deck attached to his house.  If built, the 12-foot right-of-way would bring construction equipment within two feet of his house.  He further said that if the right-of-way was an issue, it should have been brought up by the residents at the time the house was constructed some years ago by a different owner.  Mr. Landsberger also said that he was willing to do anything he could to help maintain the canal.

6. Mike Meyers spoke to the Council about the real estate reassessments that property owners are receiving on the Island.  He noted that his assessment had quadrupled.  Mr. Meyers had discussed the criteria of assessment with the assessor.  However, the assessor was unable to explain how the assess value was established.  Moreover the description of his house was in error.  Mr. Meyers said that he found the lots of varying size on the waterfront all had the same assessed value.  He said that he believed the Town Council needs to be involved in the reassessment effort and that citizens need to know how the assessment was done.

Presentation of the development of Wallops Research Park
Amy Bull, project manager of the Wallops Research Park made a detailed presentation to the Town Council.  Her remarks included the following points.

The four goals of the Wallops Research Park are:
    1.  To comprehensively plan for the future
    2.  To leverage the Federal investment to spark economic growth
    3.  To supplement the education of the workforce
    4.  To create high tech jobs.

The 2007 regional impact of activities at Wallops totals $184 million.

Currently the Wallops Research Park exists largely as a Memorandum of Understanding among Accomack County, the Marine Sciences Consortium and the Federal Government.  The Park is an enterprise zone in which two buildings exist.  During 2008 the Park will complete a federal level environmental review; develop the final phase of the master plan; create business and marketing plans and begin construction of a hanger project.  The State of Virginia has committed $10 million to renew facilities of the Marine Sciences Corporation. 

After discussing Ms. Bull’s presentation, the Town Council passed a resolution stating: 

“Let it be known that Chincoteague Town Council is in favor of the Wallops Research Park Education C enter feasibility study and will support the project by cooperating with the Wallops Research Park education committee to gather information needed for this study.  This pledge of cooperation will ensure that the Virginia Department of Housing and Community Development will grant fifteen thousand additional dollars to further study this project.”

Christmas Home Decoration Judging
The dates for judging of the Christmas home decorations will be announced soon.  It is likely to be during the week of December 17.  This year the judges will be provided by the Chincoteague Island Library.

Accomack County Board of Supervisors Update
Supervisor Wanda Thornton briefed the Council on current activities of the Board of Supervisors.  Among her many comments were the following points. 

•    Safety on the Causeway.  The Board of Supervisors voted to support a grant that will take the first step toward creating a bike path along the causeway.  Approaching safety on the causeway via this route is likely to succeed because bike paths seem to have a good track record of attract funding.  Virginia Department of Transportation has compared safety on the causeway with other two lane roads in the State and found that the accident rates are roughly similar. Supervisor Thornton said that this comparison was ludicrous because most other two lane roads are part of road networks that provide other travel routes.  An accident on the causeway shuts down traffic blocks emergency vehicles from reaching or leaving the Island. 

Funding for the bike path would support the required engineering work.  Mayor Tarr noted that the grant would also fund engineering analysis of bike paths throughout Chincoteague and that the effort would tie into planning for enhanced bike paths in the refuge.

•    Reassessment.  Supervisor Thornton spoke in detail on the issue of reassessment. Some of the highlights of her presentation include:
    o    There is no rhyme or reason of how the assessments were done.  The assessment office received more than 500 complaints calls on the first day after assessments were sent out.
    o    Every waterfront lot seemed to have been assessed at no less than $450,000 no matter how large it is or how much of the property may be wetlands. For example, lots along Fowling Gut were designed as “waterfront property” and assessed accordingly.
    o    The assessment of all real estate on Chincoteague increased by 131% to more than $1 billion
    o    The financial impact on Chincoteague taxpayers will be great because even if the Board of Supervisors reduces the tax rate, property owners in the incorporated towns will pay most of the taxes.  That is because more than 90% of the landing the county is agricultural and receives tax relief.   
    o    People who believe their assessment is unfair should meet with the assessor and, if still unsatisfied, appeal their assessment to the Equalization Board.
    o    The Board of Supervisors may not have the authority to reject the reassessment findings.
    o    The assessor may not have fulfilled his contractual obligation.  He was required to consider the soil map of the county in establishing property values.  Because he did not do this, his results may be subject to challenge.
    o    The Town of Chincoteague needs to object to the unfair outcome of the reassessment, and the method by which it was done.

•    Comprehensive Plan.  Meetings on the County Comprehensive Plan will be held on December 11 and 12.  It is important that Chincoteague citizens attend these meetings and speak because the final comprehensive plan will determine how properties on the Island are taxed.

•    Chesapeake Bay Act.  The Board of Supervisors is considering adoption of the Act.  If they do, Chincoteague will be exempt from it.  However, the health department may require application of the Act on the Island if it is in place throughout the county.

•    Department of Conservation and Recreation may provide funding for flood control and mitigation.  These funds may cover the construction of flood gates for the Island.

•    Sewage Lagoons remain an unresolved problem for the County.  Approximately five million gallons of sludge are pumped into the lagoons each year.  It will be very expensive to replace the lagoons with a centrally located treatment plant.

Consideration of drafting a letter to the Board of Supervisors regarding reassessment
The Town Council agreed to send a letter to the Board of Supervisors taking issue with the reassessment activity.  The letter will include these points:

•    The assessments are generally too high and do not reflect fair market value
•    The assessments are inconsistent
•    The model of assessment was not appropriate
•    The assessment of properties in Captain’s Cove was reduced, but no such consideration was given to properties on Chincoteague.

Town Manager Robert Ritter will draft the letter. Town Attorney Jon Poulson will review the letter before the Mayor signs it.

Public Hearing for a lot line vacation for Racing Moon, LLC
The Town Council delayed action on the request to vacate a lot line separating Lot 19 on Warren Street in Richardsons Landing and Parcel II of a plat titled “Survey of Property at the Request of Michael McGee, Chincoteague, Accomack Co. VA.”  The purpose of the lot line vacation is to add land to Lot 19 so that a detached garage may be constructed to serve the existing residence.  See Chincoteague Reports – Town Council – September 4, 2007 Meeting - Public Hearing for a Lot Line Change for details]. 

Town Attorney, Mr. Poulson, had prepared a draft of a document that could be used to implement the lot line vacation.  He stated that the draft document currently under consideration by the Council was not legally proper in that the text commingled a deed of vacation with an ordinance.  Mr. Pouslon’s draft provides that the new property incorporated into Lot 19 of Richardson’s Landing will be subject to the existing covenants and restrictions of the subdivision.  The document will also state that the lot line vacation is subject to the condition that it will cause no irreparable harm to the owners of property in Richardsons Landing.  Mr. Poulson cautioned the Council that the matter of irreparable harm would be a test that a court would apply in the case of legal action to stop or reverse the lot line vacation.

Councilman Wolffe asked Mr. Poulson about the Council’s legal responsibility in this matter.  Mr. Poulson responded that Council was obligated to act on the legal sufficiency of the case for vacating the lot line and must not consider what would be done with the expanded property.  Mr. Poulson advised that he saw no reason to deny the lot line vacation as requested. 

Council agreed to delay action on the lot line vacation in order to have time to review Mr. Poulson’s draft document.  The issue will be on the January agenda.

Budget & Personnel Committee Report
Council Woman Nancy Conklin reported on the November 20, 2007 meeting of the Budget and Personnel Committee.  Four topics were covered.

    1.  Budget changes were recommended to the Council in order to fund Church Street renovations and the replacement of the 911 equipment.

•    General Fund revenues were decreased by $60,000 to account for money not received for repayment of the FY ’07 loan to the water fund.  Repayment will be for four years beginning in FY ’09.  General Fund expenditures were reduced by $60,000.  These funds had been originally designated to be put into the general fund reserves. Transfers to General Fund Reserves are to be $28,174.00 instead of the originally budgeted amount of $88,174.00

Account                                      Original Budget            Amended
Recovered Cost from Water            $123,720                    $63,720
Transfer to General Fund Reserves    $88,174                    $28,174

•    General fund revenues were increased by $190,000 to account for the award of an 80/20 grant for 911 equipment from the Virginia Information Technologies Agency (VITA).  VITA will provide 80%, or $150,000.  The Town matches the grant by 20% or $37,500.  An additional $2,500 was budgeted to cover unknowns in the equipment replacement.

Account                                                                 Original Budget    Amended
NEW LINE ITEM - 911 Equipment Grant – VITA                  none                $150,000
NEW LINE ITEM - Transfer from 911 equipment Reserves  none                $40,000

911 Equipment Reserve Fund                                        $10,000            none
NEW LINE ITEM - 911 Equipment Replacement                none                $200,000

•    $30,000 was added to the water revenue to fund the water line replacement on Church Street.

•    And additional $30,000 was added to the water fund expenditures and money that was to be used for the FY ’07 loan repayment was shifted to the Church Street waterline replacement project.

Account                                                          Original Budget    Amended
NEW LINE ITEM - Transfer from Water Reserves       none                $30,000
Reimbursement to Fund 10                                     $60,000            none
Church Street Waterline Replacement                     $60,000            $150,000

TOWN COUNCIL VOTED TO ADOPTED THE PROPOSED BUDGET AMENDMENTS

    2.  Possible Changes in the Employee handbook regarding Family Medial Leave
        Mr. Ritter advised the Committee that Town employees are not eligible for leave in accordance with the Family Medical Leave Act.  The current policy provides that an employee who has been employed by the Town for twelve months may use sick time and vacation time for family medical leave.  When those allocations are exhausted the employee will not be paid, but the position will be held for their return.  This policy is in compliance with the Family Medical Leave Act.  Following a discussion, Mr. Ritter said that he would write a statement describing what an employee is eligible for and bring that document to the January meeting.   

3.  Employee Christmas Gifts
The Committee voted to approve Mr. Ritter’s recommendation that full-time employees received $100 and part-time employees receive $50 as Christmas gifts from the Town.  These funds were included in the FY ’08 budget.   

4.  Committee Member Comments
Vice Mayor Spiedel stated that a non-disclosure agreement for Town employees should be brought before Council. 

Announcements from Mayor and Council
Councilman Howard reported that the Cemetery Committee cleaned up the graveyard at the site of the former Christ Union Baptist Church.  He thanked those who had helped in the effort including Committee members Councilwoman Richardson, Gary Turnquist and others included Rick Smith, author of Tracks in the Sand, and Jim West, former Town Manager.  He also expressed thanks to Mike Cobsy and the Public Works department for assisting in the work.

Councilman Wolffe announced that Delegate Lynwood Lewis will hold a town hall meeting on the Island at 7 p.m. on December 11 in the Chincoteague Center.

Councilman Howard asked Town Planner Jared Anderson to look into requirements of anchoring fuel tanks.  Mayor Tarr said that he was planning a second meeting with gas and oil suppliers on the Island to review the situation.  He reported that Sharp has 900 customers on the Island with more than one thousand tanks.  They cannot complete the work in the year grace period as provided by the new ordinance.  Issues about standards for anchoring the tanks and who will pay for the anchoring remain unresolved.

Adjournment
The public session ended at 9:49 p.m. and the Council entered into a closed session to discuss a personnel matter.

Notes by 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.

November 5, 2007 Town Council Meeting

The November 5, 2007 Town Council Meeting covered these topics: Approval of a new fuel and propane tank ordinance to improve safety;  Cemetery clean-up week; Request of Christine Schreibstein for  a "complimentary therapy" business; Purchase of a used trolley.

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

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

Staff: Jared Anderson, Town Planner; Police Chief Lewis; Robert Ritter, Town Manager; Mike Cosby, Director of Public Works; Jon Poulson, Town Attorney; Kenny Lewis, building and zoning administrator.

Approximately 30 citizens attended the meeting.

Public Comments
John Jester spoke in favor of the proposed new town ordinance to increase the safety of propane and oil tanks in case of flooding. He recalled his mother in the 1962 storm seeing a fuel tank floating down Church Street. There are many more tanks today.

Approval of Proposed Fuel Tank Anchoring Ordinance
The Ordinance Committee proposed approval of a new ordinance that requires all owners of outside oil and propane tanks to have them anchored to the ground. It would also require screw-on caps that could not leak and the extension of vent pipes three feet above the tank. A FEMA publication ”Protecting Your Property from Flooding" had spelled out the danger and the steps that should be taken.

The measure would apply to all existing, new, or replacement tanks. These requirements are already being implemented today in new construction.

Residents would have twelve months to comply with the new ordinance. Fines would be imposed for non-compliance.

Several members of the Council asserted that retrofitting would be simple and inexpensive. The companies involved would largely bare the costs.

It was suggested that implementation of the new ordinance would save residents money due to improving the town's FEMA flood control rating. "A win-win situation for the whole community" said Councilman Howard.

The Council unanimously approved the new ordinance

Cemetery Clean-up Week
The Council approved November 12-17 as the town's annual cemetery clean-up week. On Saturday November 17 work will take place at the old Christ Baptist Church cemetery near the carnival grounds. This is one of the traditional black cemeteries on the island.

Consideration of a Conditional Use Permit Application of Christine Schreibstein
Ms. Schreibstein wishes to start a "complimentary therapy" business on Clark Street. Her case had previously been before the Planning Commission and the Town Council.  A number of questions had been raised about parking and the nature of the business. Town staff had been in touch with Ms. Schreibstein to try to clarify matters. "Complementary therapy" is not on the town's extensive list of permitted home occupations and this has complicated the matter. Dr. Wolffe said that this list should be updated to include such occupations. He felt strongly that Ms. Schreibstein's request had been delayed much too long. "An example of government at its worst."

The case was unresolved as it is not clear whether the Planning Commission should again review it.

Purchase of Used Trolley
Trolley manager Jack Van Dame proposed that the Council authorize up to $10,000 for the purchase of a used trolley to replace an older trolley ("Big Blue"). The town needs a reliable third trolley particularly during Pony Penning week and other high usage times such  as the Oyster Festival. It is also needed as a back-up and for spare parts. Mr. Van Dame thought that actual cost would be closer to $5000.

Van Dame provided statistics on trolley usage. In 2007 ridership was up to 15,000 passengers from 12,000 in 2006. There was an average of 13.7 riders per hour during the 2007 summer trolley season. In 2007 the out-of-pocket expense to the town for the trolley program was about $1600.

The Council approved the request and it was suggested that facts about the trolley program be made available to the public.

Announcements and Comments
Town manager Robert Ritter said that a meeting on water quality is being set up for end of November.

Mrs. Richardson noted island resident James Carpenter's new book on Chincoteague cemeteries, "From Tears To Memories."

Mr. Ross hoped there would be more progress in bringing broadband Internet to the island. Mayor Tarr said the Chamber of Commerce has been contacted for letters of support and the Council will soon consider a resolution.

In closing the meeting Mayor Tarr stated that there has been a "new low in political campaigns and Chincoteague won." Citizens should ask for a cleanup of campaigns. Mr. Howard agreed that there had been a lot of "mudslinging."

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.

October 18, 2007 Town Council Meeting

The October 18, 2007 Town Council Meeting covered these topics:  A public hearing on Sight Triangle Distance, a public hearing on Exterior Door Landings, the report from the Public Works Committee, selecting of a contractor to complete drainage and waterline work on Church Street and comments from the Mayor and Council members.

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

Staff: Jared Anderson, Town Planner;  Chief Lewis and Robert Ritter, Town Manager;

Other Officials:  Ray Rosenberger, Chairman of the Chincoteague Planning Commission

Approximately 10 citizens attended the meeting.

The meeting began 7:33 p.m.

Public Comments
Barbara Thackray rose to address the Council on two points.  Her first point was that comprehensive and professional planning for the immediate future and long-term welfare of the Town was urgently needed.  She cited several examples ranging from the lack of suitable restaurants to the contaminated water of Fowling Gut to support her point. Ms. Thackray said that many business owners are concerned that tourists will come in over the new bridge and go out over the new bridge without visiting the Town because it lacks interesting restaurants and a well-planned downtown.  She concluded that unless the runaway tendency to more and denser building is not halted the Town will lose the opportunity to develop a viable, year-round business center and permanent population.

Her second point examined the question of whom the Council represents.  She asked the question “Who on this Council represents the quieter, less organized homeowners like myself?”   To draw attention to this point she noted that many have the impression that owners of large properties on the Island are organized and speak out in support of each other during public meetings.  She said that the needs of the majority of the Island are subject to the views of such visible people.   She noted that because all council members are elected at-large, there is no one who specifically understands and advocates for the needs of the different neighborhoods on the Island.  She said that without specific representation, governance of the Island is driven by the “squeaky wheels” and that leaves the rest of the Island in the position of “taxation without representation.”  She proposed to the Council that now is the time to consider how individual members of the council should be given responsibility for the different sections of the Island community.  She asked if this not the time to use the planning consultants definitions of the distinctive sections of the Island as a basis for choosing Council members. 

At the close of the meeting during the time allotted for comments and announcements from Council Members, Councilman Howard spoke in support of Ms. Thackray’s remarks regarding the lack of civility during public meetings.  He noted the angry and aggressive tone some speakers adopt during public sessions.  He said that he was frequently embarrassed for the Town by such hostile presentations before some of the consultants the Town has hired.  He said he did not know how to deal with such behavior but felt that it should be addressed.

Public Hearing on Sight Distance Triangle
Council voted to repeal Section 2.149 Sight Distance Triangle from the Zoning Ordinance.

This action was taken following recommendations in 2004 by the Zoning Ordinance Committee and the Planning Commission.  The reason for the action is that there is a direct conflict between Section 2.149 of the Zoning Ordinance and Sections 58-106 through 58-109 of Article VI of Chapter 58.  There is no documentation that the 2005 process to repeal this language was completed. The issue returned to the Planning commission in June 2007.  The Planning Commission held a public hearing on the matter and recommended, for a second time, the above action.

Chapter 58 is now the prevailing regulation on sight distance at intersection.  Chapter 58 requires an unrestricted line of site of 250 feet measured 15 feet from the intersecting street. 

Public Hearing on Proposed Change to Zoning Ordinance – Exterior Door Landings
Council voted to accept the recommendation of the Planning Commission to change the maximum size of a door landing from the current 3 feet by 3 feet to 5 feet by 5 feet.  The change comes about because of concerns that individual with mobility issues find it difficult or hazardous to maneuver on a door landing that is only 3 feet by 3 feet.  This change reflects recommendations made by the Center for Universal Design at the University of North Carolina.  Structures larger than 5 feet by 5 feet are treated as decks or porches and are subject to setback requirements.

Public Works Committee Report of October 9, 2007 Meeting
Councilman Wolffe reported on the October 9 meeting of the Public Works Committee.  The highlights of that report include:

•    Mr. Cosby reported that five major projects are underway:  1) Church Street Waterline and drainage replacement, 2) Septic approvals for the harbor and downtown restrooms, 3) trash fee implementation, 4) completion of the water storage tank project and 5) safety improvements at the Memorial Park playground.

•    The committee discussed and sent to the Town Attorney for comment, pump and haul contract requirements for properties not owned by the Town.

•    The Committee forwarded a recommendation to Town Council amending the trash fee policy.   The recommendation includes a definition of habitable dwellings and distinctions between residential and commercial accounts.  See paged 13 - 15 of the October 18 Town Council Agenda Packet located at:
October 18 Town Council Agenda Packet

•    Mr. Cosby reported that staff is reviewing all aspects of the waterworks operation in order to develop goals and objectives and identify areas for improvement.

Council Action on Recommendation to Amend Trash Fee Policy
Council voted to adopt the proposed changes to the trash collection fees as recommended by the Public Works Committee.  The changes amend paragraphs (a) and (d) of section 46-17 of the Town Code. 

Paragraph (a) now reads:
(a)  All habitable residential dwelling units shall be assessed per parcel and charged to the property owners and not the tenant(s) of each parcel.  Short term rental properties subject to transient occupancy taxes shall be considered commercial entities and charged according to Sec. 46-17(d).  A property owner may be granted exemption from charges if the dwelling or commercial property is unoccupied on a long term basis (twelve months or greater).  Written request for this exemption must be directed to the Town Manager for approval.

Paragraph (d) now reads:
(d)  Commercial properties shall be assessed per parcel and charged to the property owners and not the tenant(s) of each parcel.  Each commercial parcel will be eligible for collection services in volumes and at frequencies determined by the Town from time to time.  If actual volumes exceed allowed amounts, the property owner shall be responsible for the provision of commercial trash collection services.

Consideration of bids for church Street Construction Project
Two bids were received for the water line replacement and drainage improvement project on Church Street.

Branscome (Tasely, VA)    Water line    $143,550
                Drainage    $110,760
                    Total Bid    $254,310

T.A. Sheets (Norfolk, VA)    Water line    $385,000
                Drainage    $400,000
                    Total Bid    $785,000

Council voted to accept the bid from Branscome of Tasely, Virginia.

See page 16 of the October 18 Town Council Agenda Packet for the details of Mr. Cosby’s bid analysis and recommendations on how to fund the work.
October 18 Town Council Agenda Packet 

Council discussed Mr. Cosby’s suggestions on how to fund the water line and drainage work and subsequent street repair.   They agreed to place this matter on a future agenda during which time they will make decisions on  which budget accounts will fund the work and what, if any, amounts will be added to the existing loan from the General Fund.  It may be necessary to adopt a budget amendment to complete the funding arrangements.

Announcements and Comments
Councilman Howard spoke in support of the comments made by Ms. Thackray regarding the angry and aggressive tone some speakers adopt during public sessions.  He said that he was frequently embarrassed for the Town by such hostile presentations before some of the consultants the Town has hired.  He said he did not know how to deal with such behavior but felt that it should be addressed.

Councilman Ross briefed the Council on today’s meeting about broadband services on the Eastern Shore.  He said that the meeting made clear that grant funding was on hand to implement the broadband backbone along the full extent of Route 13 in both Accomack and Northampton counties.  However, funding was not certain for spurs off the backbone that would service towns like Chincoteague, Onancock and others.  Councilman Ross said that it was imperative that within the next two months the Town make its case to implement broadband services or face the likely prospect that broadband will bypass Chincoteague. 

He also reported that the broadband backbone would still require an Internet Service Provider (ISP) and that Verizon has not committed to be that ISP.  He said it was unclear to him what other telecommunications companies on the Shore had the capacity to play that role. 

Town Manager Rob Ritter, who also attended the meeting, noted that the “last mile” issue would be the responsibility of an ISP and that would not be an appealing task if the demand for services was not great.

Finally Councilman Ross noted that broadband services may be very expensive to provide.  During the broadband meeting very costly services charges were discussed such as $2,500 to connect a residence to broadband services and $4,000 commercial subscriber fees. 

Councilman Wolffe asked if broadband services were needed on Chincoteague.

Mayor Tarr said that Broadband Services would be placed on a future agenda of the Council and that a representative from ANDCP would be invited to make a presentation on the subject.

Mayor Tarr reported on two matters.  He asked Council members for recommendations of residents who would serve on the committee for the 100th anniversary of the Town.  Mayor Tarr gave a brief account of his attendance at the Mayor’s Institute in Williamsburg.  Approximately thirty mayors from small and large towns throughout Virginia attended workshops on the details of running towns in Virginia.  The Mayor noted that the issues facing all the towns, large or small, appeared to be nearly identical.  Reference materials from the Institute have been made available to Council members.

The meeting adjourned at 8:29 p.m. 
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.

October 1, 2007 Town Council Meeting

The October 1, 2007 Town Council Meeting covered these topics:  Update on the activities of the Board of Supervisors, reports from three committees of the Council and comments from the Mayor and Council members.

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

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

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

Staff:  Robert Ritter, Town Manager; Jared Anderson, Town Planner; Chief Lewis; Jon Poulson, Town Attorney

Other Officials:  Supervisor Wanda Thornton; Ray Rosenberger, Chairman of the Chincoteague Planning Commission

Approximately 20 citizens attended the meeting.

The meeting began at 7:35 p.m.

Public Comments
Mike Magee addressed the Council to question the findings and credentials of Wastewater Management consultant David Rigby.  Mr. Magee said that he had data to show that the waters around Chincoteague Island were the cleanest in the United States, second only to those surrounding Hawaii. He cautioned the Council that inaccurate information of this sort can destroy the seafood industry and Chincoteague’s economy.

Mayor Tarr responded that the Town was reviewing all sources of water quality data and will discuss these with Mr. Rigby.

Update on the activities of the Board of Supervisors
Supervisor Wanda Thornton provided her quarterly report to the Town Council on the activities of the Board of Supervisors.  The major points of her presentation were:

•    October 4 at Nandua High School the county will receive the central sewage study.  This work will define areas recommended for sewer service.

•    October 6 the Six Year Transportation Plan meeting will be held in Chesapeake, VA.  Accomack County is seeking improvements on Rt. 175.  A safety audit has been requested on the Queens Sound Boat Ramp area.  This should be available in advance of the October 6 meeting.  A safety audit for the County will include both the causeway and Rt. 13.  The Causeway audit will focus on shoulders.  The Rt. 13 audit will address the fatality rate on the highway.  Between 1998 and 2004 there were 101 fatal crashes on Rt. 13.  Using the ratio of fatal crashes to licensed drivers using the roadway, Rt. 13 is the most deadly state highway in Virginia.

•    October 16 the Groundwater Committee has requested that representative of the Aquaculture Enhance Study provide a briefing on their report.  Neither the Board of Supervisors nor the Groundwater Committee participated in or reviewed the soon to be release study.

•    October 17 The Aquaculture Enhancement Study will be released.  The public comment period closes on October 24.  The Accomack County Attorney believes the report is ambiguous and could stop central sewage from being developed in the County.  He further noted that the study applies only to the Eastern Shore.

•    October 17 there will be a public meting to rezone land at the proposed Wallops Research Park.  This is an important issue that bears on future economic development in the County.

•    Work on the County Comprehensive Plan continues.  The document is more than 500 pages long.  There will be district meetings to explain the draft document to citizens.  One of the significant issues is that some want to enact bayside regulations on the seaside.  Chincoteague could never meet many of the requirements in the bayside regulations.

•    Supervisor Thornton will meet with the Park Service to discuss beach closures.  The recent closure was mandated by the Health Department.  They evaluated only one area of water to find elevated contaminant levels.  The following morning the test results were normal.  Supervisor Thornton said that this isolated incident should have been treated as an anomaly rather than grounds for closing the beach.  The meeting will focus on developing a protocol so that this incident in not repeated.

•    Superintendent John Bull reports that school enrollment in Accomack County continues to decline.  This becomes a problem because if property values rise, the state reduces its level of funding for schools.  The recent county-wide reassessment of properties is anticipated to show a significant rise in property values, perhaps as much as 60%.  This could mean a dramatic reduction in the state’s share of school funding.

•    A three year study of saltwater instruction into local aquifers has been funded and is being carried out by the U.S. Geological Service. 

•    Visitation at Assateague during the summer months was up by 6,000 over the previous summer.  June was up by 10,000. July was down by the same amount.  August was up by 6,000.

At the close of her remarks Supervisor Thornton took questions from the Council.  The central discussion was about the proposal to consolidate all fire companies in the county under a signal fire chief.  The Council and Supervisor Thornton expressed opposition to the proposal.  If passed there would be no EMS or Fire equipment left on Chincoteague.  These would be dispatched from some location along Rt. 13. Further a fire tax would be imposed on Chincoteague residents.  The tax rate would be between 12 cents and 13 cents per $100 of property valuation.  The amount would be roughly equivalent and in addition to what property owners current pay in taxes to the Town.

Public Works Committee Report
Councilman Glenn Wolffe presented the report on the September 11 meeting of the Public Works Committee.

•    Mr. Cosby reviewed the summer public works projects and activities

•    Dr. Wolffe suggested that: 1) public announcements be made before work begins on the water drainage and surface repairs on Church Street, 2) the persons who donated the boat in Memorial Park be contacted be its removal and 3) that the Mosquito Control driver’s records be checked prior to employment.

•    Mr. Cosby presented a proposal that would offer exemption to the recently imposed trash collection fees to those who qualify for the existing real estate tax exemption. After discussing the proposal, the Committee voted to send the matter to the Budget and Personnel Committee with a recommendation to send it on to Town Council.

Budget and Personnel Committee Report
Vice Mayor Speidel presented the report on the August 28 meeting of the Budget and Personnel Committee.

•    The committee voted to send to Town Council the proposal for Solid Waste Fee Relief, as drafted by Mr. Cosby.

The Town Council received the minutes of the Committee and adopted the proposal

Recreation and Community Enhancement Committee Report
Vice Mayor Speidel presented the report on the September 18 meeting of the Recreation and Community Enhancement Committee.

•    Playground Equipment Update
o    The boat at Memorial park has been closed
o    The tire swings are to be taken down until they can be moved
o    Mulch has been put down under some equipment; however, funding to pay for additional mulch is an issue.
o    The committee voted to use the money set aside in the budget to put mulch down and purchase the other pieces of equipment contingent upon certification.

•    Review of Section 15.2-901 Code of Virginia
o    The code permits the Town to give notice by certified letter to homeowners in violation and to seek bids from outside providers for grass cutting on overgrown yards.
o    The Towns of Onley and Cape Charles currently take such action when needed
o    The discussion of this matter included the observation that the Town Attorney had recommended against this action.
o    The consensus of the committee was to keep the matter under discussion at future meetings

•    Comments by Committee Members
o    Councilwoman Richardson spoke of a citizen complaint that the street sweeper does not go into the town parking lot behind the old post office.  There are no trash cans there either. 
o    Mrs. Plant suggested that a sign be placed at Hallie Whealton Smith Trail.
o    Mr. Taylor suggested that a portable toilet be placed on the trail near the public works part.
o    Mr. Conklin asked about the status of the park across Main Street from the High School and the second trail on Hallie Whealton Smith.  It was suggested that a sign be placed in the park stating that kayaking is allowed.

Announcements and Comments
Councilman Howard announced that the Cemetery Committee will meet at 5:30 p.m. on Tuesday, October 23.
Councilman Wolffe announced that the Public Works Committee will meet at 6:00 p.m. on Tuesday, October 9.  This is a change of time from the earlier scheduled time of 5:30 p.m.

The meeting adjourned at 8:45 p.m.

Notes by 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.

September 20, 2007 Town Council Meeting

The September 20, 2007 Town Council Meeting covered these topics:  A request from the YMCA for authorization to operate a septic system as a pump and haul facility, a presentation by A & E Electric Cooperative regarding the transition in ownership of the electric power provider, authorization of a public hearings on site triangles and exterior door landings, reports from two committees of the Council and comments from the Mayor and Council members.

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

Audio of the meeting is located at:
http://www.chincoteague-va.gov/municipal/meetings.shtm
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,
Absent: Dr. Glenn Wolffe

Staff:  Robert Ritter, Town Manager; Jared Anderson, Town Planner; Chief Lewis

Approximately 30 citizens attended the meeting.

The meeting began at 7:31 p.m.

Mayor Tarr opened the meeting with a special presentation to Linda Ryan, President of the Chincoteague Island Library.  He presented a $5,000 check to Ms. Ryan as the Town’s contribution to the construction fund for the Library expansion.  Ms. Ryan reported that the fund raising effort had passed the $275,000 mark.  The Library Board seeks to raise enough money in time enough to make ground breaking coincide with celebration of the Town’s 100th anniversary.

Public Comments
Jenny Van Dame spoke on two points regarding Memorial Park.  She raised concern that the boat in the playground equipment had been wrapped in yellow tape and was off limits to children.  She expressed concern about the lack of access to this unique facility.  She also drew attention to the fact that graffiti in the park is on the rise and no longer isolated to the graffiti boards the Town had put in place in order to prevent the visual vandalism of park property.

Vice Mayor Speidel responded that the playground equipment is being inspected, repaired and brought up to current safety standards one at a time.  Eventually the all playground equipment will be reconditioned or replaced as needed.

YMCA Request for Consideration of Pump & Haul at the NAPA Building on Church Street
Carlton Leonard addressed the Council on behalf of the YMCA.  He explained that the Virginia State Health Department has given verbal approval of the septic facilities at the NAPA building on Church Street for use by the YMCA subject to two conditions:

    1.  The septic system is to be operated as a “pump and haul” facility.
    2.  The Town of Chincoteague must send to the Health Department a copy its written approval of
        the pump and haul operation.

During the discussion that followed, the following points were raised.
•    The health department has offered this accommodation because the YMCA is a not-for-profit, community oriented organization.
•    The cost of the pump and haul services will be borne by the YMCA
•    The YMCA lease on the property is for one year
•    The pump and haul authorization from the Health Department does not extend beyond the time that the YMCA is a tenet in the building.
•    The current septic system serves both the former NAPA building and a single family residence behind it.

The Town Council voted unanimously to send a letter to the Health Department approving the pump and haul service for the YMCA at the former NAPA building on Church Street.

A&N Electric Cooperative Presentation
Vernon Brinkley, CEO and President of A&N Electric Cooperative briefed the Council and took questions about the transition of ownership of the electric power provided to A&N from DelMarVa Power and light.  During his presentation and the subsequent discussion with the Council the following points were raised.

•    The transition began in July 2007
•    A&E had planned on concluding the transition by November 1, 2007
•    During October 3-4 the Virginia State Corporation Commission (SCC) will conduct a hearing to consider an objection raised that regards to how the electric rates will change for existing customers if the transition goes through.  [See Announcement on Chincoteague Reports for a copy of the hearing order]
•    A decision on the hearing is anticipated within fifteen dates of the hearing.
•    If the hearing decision allows the transition to be completed, the work should be done by December 1, 2007
•    A&N has developed a two year improvement plan that addresses trimming of the rights of way, pole replacement and conductor replacement on Chincoteague.
•    The power rates of A&N Cooperative for residential customers will be implemented at 2.4% lower than the June 1, 2007 rates of DelMarVa Power.  However, customers should anticipate a 3 - 4% annual increase during each of the next three years.
•    During a storm event A&N will position on Chincoteague a bucket truck and a line truck with poles.  However, no crews will be stationed on the Island during a storm.  Crews will be in a storm facility in Tasley and deployed to the Island as soon as storm conditions allow.
•    Mr. Brinkley notes that A&N services Tangier and Smith Islands, has a fleet of boats to provide such service, owns lines that cross more than 120 creeks and rivers, and maintains a distribution system that is 200 miles larger than the DelMarVa grid they seek to acquire.
•    Mr. Brinkley noted that the transition would be complete after four years.  At that time the board of directors of the cooperative would be redistricted with board seats apportioned by the number of electric meters in jurisdictions.
•    Mr. Brinkley concluded his remarks and responses to questions of the Council by asked for a letter of support addressed to the Virginia State Corporation Commission and in support of the transition.

John Howard addressed the Council regarding the proposed transition to A&N.  He noted that if line crews are located in Tasley, the response time to reinstate power or clear hazards after a storm event would be great.  He urged the Council to work out an agreement on this matter before the transition was complete.

Charlie Birch said that he had worked at DelMarVa Power for thirty years and believed that A&N had made a good case for the transition.  While he believed the transition should go through, he urged the Council to work out agreements A&N on specific points before issuing a letter of support for the transition.

Budget and Personnel Committee Report and FY 07 Budget Amendment
Councilwoman Nancy Conklin presented the report on the August 28 meeting of the Budget and Personnel Committee.

•    Mayor Tarr requested that the committee consider providing relief for the elderly from the trash collection fee on the same basis that such relief is provided for taxes.
•    After reviewing the actual revenue and expenses in the FY 07 budget it was discovered that the Town was $262,950 under its projected budget.  Most of this under-budget was caused by the Main Street project that did not post expenses before June 30, 2007.  The Committee forwarded to the Council a budget amendment to bring the 07 budget in line with actual expenses and revenues.  Details of the budgetary changes are available at the Town website under the agenda packet for the September 20, 2007 meeting.  The PDF file may be retrieved through the following link. See page 14.
07 Budget Reconcilliation Text 

•    The Committee provided an annual $500 tool allowance for the mechanic position.
•    The Committee entered into a closed session to discuss personnel matters.

The Town Council voted to accept the minutes of the Budget and Personnel Committee. 

Further, the Town Council voted to implement the budget amendment as proposed by the Committee. 

Correction of the General Public Improvement Obligation Bond (2005)
During the FY 07 audit it was discovered that the amortization schedule published in the 2005 General Public Improvement Obligation Bond did not agree with the amount billed by Wachovia Bank. The difference is $6.00 per month. The source of the conflict was a typographical error on page one of the Bond.  All other legal documents connected with the Bond state the correct amount.  Council voted to correct the monthly payment to $11,919.03.

Public Hearing Date Set to Consider Revision of Sight Distance Triangle Requirement
During 2004 the Planning Commission and The Ordinance Committee recommend that the Town Council repeal section 2.149 of the Zoning Ordinance.  The recommendation was made because section 2.149 is in direct conflict with 58-106-058-109 Section.  The Planning Commission held a public hearing on the matter on August 28 and voted to forward to Town Council its recommendation to repeal section 2.149 of the Zoning Ordinance.

The Council authorized a public hearing to consider repeal of section 2.149 of the Zoning Ordinance

Public Hearing Date Set to Consider Zoning Ordinance Change Regarding Exterior Door Landings
The Planning Commission forwarded to Council a set of recommendations that deal with lack of maneuverable space on exterior door landings.  The recommendation would expand the maximum size of an exterior door landing to 5ft x 5 ft from its current size of 3 ft x 3 ft.  Details of the proposal and its relationship to setback required are available on the Town website under the agenda packet for the September 20, 2007 meeting.  The PDF file may be retrieved through the following link. See page 35.

The Council authorized a public hearing a public hearing to consider this matter

Report of the Safety and Transportation Committee
Mayor Tarr presented the report of the September 6 meeting of the Safety and Transportation Committee.

•    Since August 5, career EMS employees logged 81
•    September calls totaled 16 to date
•    The study of County Fire and EMS services is complete and may be viewed on line at:
http://www.acdps.net/
Study of County Fire and EMS Services

The study recommends that Chincoteague’s three EMS employees be placed under County direction. Further the study recommends that the County impose a Fire/EMS tax on Chincoteague. The study also proposes that the position of countywide Fire Chief be created and that all EMS billing revenue be turned over to the County to defer the cost of providing services.

•    There was discussion about creating an Emergency Operations Center at NASA.  Mayor Tarr reported that a Memorandum of Understanding about this was being drafted.

Announcements and Comments
Councilwoman Richardson announced that the Planning Commission will meet at 7 p.m. on Tuesday, September 28.

Town Manager Ritter expressed thanks to Jared Anderson, Town Planner for his work to set up and guide the four stakeholder meetings on the draft Comprehensive Plan.  He noted that approximately sixty citizens attended the four stakeholder meetings.

The public meeting adjourned at 8:47 p.m.  Council reconvened in closed session to consider a personnel and property acquisition matters.

Notes by 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.

September 4, 2007 Town Council Meeting

The September 4, 2007 Town Council Meeting covered these topics:  Public Hearings on two proposed zoning changes, a public hearing on a proposed lot line vacation, reports from three committees of the Council and comments from the Mayor and Council members.

The meeting agenda and backup material may be found on the Town Website at:
Agenda and Backup Material

Audio of the meeting may be found on the Town Website at:
Audio Archive 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

Staff:  Jon Poulson, Town Attorney; Robert Ritter, Town Manager; Jared Anderson, Town Planner; Mike Cosby, Director of Public Works

Approximately 65 citizens attended the meeting.

The meeting began at 7:30 p.m.

Public Comments
Dave Wayne Lewis spoke about several matters.  He said that the Town is not a prudent stewardship of the grant money that supports the trolleys.  He notes that often there are fewer than five passengers on the trolleys.  He raised issues about fuel costs and dispatcher records. He asked if the trolley system was wasting money.  Mr. Lewis also asked why the Town was buying more property.  He wanted to know what this was for and how it would affect taxes.  Lastly he wanted to know what the apparent disparity in water fees charged to families and those charged to developers.  He said that families pay $300 to $400 while a developer may pay only ten times that amount to connect one hundred units to the Town Water System.  [Mayor Tarr noted that in such a case, developers pay the same amount per unit and pay an initial $4,000 in water fees.]

A number of people rose to speak about the newly imposed trash collection fee.  Among the speakers were:  Daniel Williams, Nick Wright, and Tina Zola.  Some of the points they raised were:

•    Why should people pay if they take their trash to the dump?
•    Why not make the fee a tax so that it could be deducted during income tax preparation?

Public Hearing on Proposed Zoning Changes for Condos, Town Houses and Multi Family Dwellings in C-1 and C-2 Districts
The proposed changes would mean:
•    Condos, town houses and multi family dwelling in C-1 and C-2 districts would 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 would be allowed only as a conditional use and not as a specifically enumerated exception.

Among the speakers who opposed the proposal were:  Mike McGee, Donald Thornton, Thomas Clark, Richard Conklin, and Eddie Tull.

Some of the points they raised were:
•    If a project has been underway for the past two years, will it be grandfathered under the current ordinance?
•    The proposed change is down-zoning.  It needs additional public input.
•    The Town has no right to tell a property owner what he can do with his property.
•    Attorneys advise that this proposal is a possible illegal action by the Town.

The following Council Members spoke about the proposal zoning change.

Councilwoman Conklin said that she opposed the proposed change and agreed with the speakers.

Councilwoman Richardson said that the proposal was developed too quickly and need further study on the effects it might have on property owners.

Councilman Howard said that the Comprehensive Land Use Plan should be completed before changes like the proposal should be considered.

Councilman Wolffe said that the Council should move forward with the proposed changes. He noted that changing the zoning to allow residential uses within a commercial zone to be conditional instead of by right, is not down-zoning.  The change would allow the Town to plan and give oversight to projects.  He said it makes sense for the Town to work with developers.  The proposed zoning change would cause that to happen and benefit both the Town and developers.   With a rigid zoning ordinance in place, there is no way to work with developers.

Councilwoman Speidel said that agreed with Councilman Wolffe’s comments.  She said that the ordinance would promote economic growth and development and help the Town to project economic growth.  She mentioned the possibility of NASA moving and the consequences that would have on the Town.  She said that the Council needs to protect development and attract tourists.

Councilman Ross said that he Council had received an extreme amount of input on this matter. He agreed with the speakers that the more input was need.   He noted that a lot of people on Chincoteague are concerned about the loss of businesses and that more businesses could be lost if commercial property was rezoned into residential use.  He said the matter needs more time for consideration before a decision is made.

Mayor Tarr noted that the Town is losing restaurants and losing infrastructure. 

After a lengthy discussion the Council decided to postpone action on the proposal to a later date.

Public Hearing for a Proposed Zoning Change to the Road Subdivision Ordinance
The details of the proposal are in the agenda backup materials.  These are available on the Town website:

Proposed Zoning Change in PDF File

Read pages 15 – 20 for the specific changes and additions.

Mary Jester rose to speak in support of the action and to offer improvements in the wording that she believed would make the ordinances easier to understand.

Following a lengthy discussion, among the Council, staff and the Town attorney, the Town Council voted to adopt the proposed change.

Public Hearing for a Lot Line Change
Edward Weilbacher, attorney for owners of the properties on both sides of the lot line in question, addressed the Council to explain the requested lot line vacation.  He described the vacation as encompassing a 7,000 square feet parcel with a lot line of approximately 140 feet in length.  He noted that the action would involve one lot within Richardson’s Landing subdivision and a parcel outside of Richardson’s Landing.  The purpose of vacating the lot line is so that the owners of lot 19 in Richardson’s Landing can build a large garage.  The lot outside of Richardson’s Landing has a contingent contract of sale on it that requires the vacation of the lot line.

Lee Davis, Mike McGee, Jim Young and Anna Stapf, property owners in Richardson’s Landing, spoke against the proposed vacation of the lot line.  They advised the council that if the lot line vacation is granted, they will lose access to portions of their properties.  The lots in question are roughly 20 x 150 feet and are located across the canal from the main portion of their holdings where houses stand.  If the lot line is vacated and the sale consummated, they would be able to access these lots only by boat.  They asked the Council to delay action on the proposal to allow them time to work out some resolution of the conflict.

Jon Polson, Town Attorney suggested that the property owners in Richardson’s Land should get legal advice on whether or not a legal easement for access exists on the property.

The Council voted to defer action on the matter for ninety days.

Ordinance Committee Report
Councilman Ross reported on the Ordinance Committee meeting of August 8.

•    The Committee unanimously voted to recommend to Town Council that Section 58-107 Erections of Obstructions be amended as follows:

No person, firm, or entity owning, leasing or otherwise in possession of real estate in the town, which real estate is situated adjacent to any highway, street, or public right-of-way, including any sidewalk adjoining thereto, shall erect, place, construct, grow, or otherwise maintain on such real estate or the sidewalk adjacent thereto any improvement, permanent or temporary; any obstruction; any sign, any banner; any tree, shrubbery, or vine; or any other object or thing which prohibits, restricts or impedes the operator of any motor vehicle utilizing any highway, street or pubic way which intersects with the highway, street or public way adjacent to such real estate from having an unobstructed line of sight of at least 250 feet from the intersection of such highway, street or public way to observe approaching motor vehicles traveling on the highway, street or public way adjacent to such real estate.  The line of sight will be measured at a point fifteen feet back from the intersecting street.

•    Mr. Anderson gave a power-point presentation during the committee meeting to introduce the issue of retrofitting fuel tanks with anchors to mitigate some of the damage that might be caused by a flood event.  He noted that all new and substantially improved property must have their fuel tanks properly anchored.  However, there is no requirement for existing fuel tanks to be anchored.    The committee viewed a FEMA video and heard from representations of Suburban Propane and Watson Gas. 

No Action was taken by the committee.

Harbor Committee Report
Councilman Howard reported on the Harbor Committee meeting of August 8.
•    Five slips may be open at the end of August.  Currently no commercial fishermen are on the waiting list for slips.    The committee reviewed the status of overdue payments on one slip.

•    Town Council awarded the contract for the office and restroom building at the harbor and the addition of shower facilities at the downtown restroom.  The contract is with Rocky Hill Contracting, Inc. for $156,095.

Recreation and Community Enhancement Committee Report
Vice Mayor Speidel reported on the Recreation and Community Enhancement Committee of August 21.

•    During the public participation part of the meeting Mr. Ray Rosenberger raised the concern that children using the skate park at Memorial Park without wearing protective head gear.  The committee discussed various options of how to enforce the use of helmets in the park.

•    The committee explored the possibility of creating a maintenance code for Chincoteague.  Chapter 45 – Solid Waste of the Town Code address some of the concerns regarding accumulated trash.  The committed examined an excerpt from the International Code Council’s Property Maintenance Code.  The state of Virginia has adopted portions of this Code.  Mr. Anderson suggested that the Committee look at Chapter 23 of the Municipal Code of Virginia Beach as a possible model on which the Town might create its own maintenance code. 

•    During the Committee meeting Mr. Anderson gave a PowerPoint presentation on the playground equipment at Memorial Park.  The Committee discussed the desirability of having a certified inspect examine all of the play equipment before the Town purchases any new equipment. 

Committee member comments at the close of the meeting included:
•    The increased number of geese that are in Memorial Park
•    Can individuals purchase benches to put into Memorial Park as memorials to others
•    The Town needs to develop a plan to show where the trail on North side of Hallie Whealton Smith will be placed.  Staff is waiting for some of the summer foliage to drop so that GPS can be used to map the area.

Announcements and Comments
Vice Mayor Speidel noted that Ohio townships use developer proffers to construct playgrounds and ballparks.  Mayor Tarr asked Mr. Poulson to look into the details of how this is done.

Councilman Ross raised the issue of placement of political signs on property.  Mr. Ritter acknowledged that the current Town ordinance on this subject is not enforceable.  The Ordinance Committee needs to examine the text and redraft it into language that can be enforced.  Mr. Ross engaged in a detailed discussion with Mr. Cosby and Mr. Ritter and the Mayor regarding the trash collection fee, especially as related to campgrounds. 

Councilman Howard said that he had received many calls about the trash pick up fee regarding mobile home parks in which there are few year round residents and many more summer residents.  The year round fee needs to be justified in cases such as this.

Various Council members and the Mayor engaged in discussions about the trash fee and anchoring of fuel tanks.

The meeting adjourned at 10:45 p.m.

Notes by Barbara Thackray

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.

August 6, 2007 Town Council Meeting

August 6, 2007 Town Council Meeting

The August 6, 2007 Town Council Meeting covered these topics: 1) Action on committee reports; 2) Bid award for the harbor office and restrooms at harbor and downtown; 3) Setting date for public hearing on possible zoning changes to condominiums, townhouses, and multi-family dwellings in C-1 and C-2 districts; 4) Home demolition request; 5) Setting date for public hearing on possible change to the road subdivision ordinance; 6) Consideration of request of Christine Schreibstein for conditional use permit; 7) Establishment of focus groups for new comprehensive plan discussion; 8) Setting date for public hearing on a lot line vacation; 9) Council member announcements.

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
Staff members:  Robert Ritter, Town Manager; Edward Lewis, Chief of Police, Michael Cosby, Director of Public Works, Jared Anderson, Town Planner, John Poulson, Town Attorney
Approximately 30 citizens attended the meeting.
The meeting began at 7:35 p.m.

Public Comments
John Howard expressed concerns about the planned A&N Electric Cooperative purchase of Delmarva Power’s Virginia territory. He felt A&N was not ready to provide adequate support for Chincoteague, particularly in times of emergency.

Mayor Tarr asked attorney John Poulson and town manage Robert Ritter to look further into the matter. There is currently a public comment period.

Two new EMS (fire and emergency services) people have been hired.

New Bridge Lighting

Council approved making a request to the Virginia Department of Transportation for lighting on the new bridge, from Maddox & Main to where the new bridge will meet the existing causeway and including the spur to Marsh Island. Money for this had been included in the original budget and now that the bid has come in under budget it could be put back. Lighting is seen as a safety issue. Care should be taken that lights would only illuminate the roadway and nowhere else. Details on the proposed lighting fixtures can be found in the meeting’s agenda.

Council approved awarding $156,095 to Rocky Hill Contracting Inc. for construction of the Curtis Merritt Harbor office/restroom building and the addition of shower facilities at the downtown restrooms.

Zoning Changes

Council approved setting a public hearing on possible zoning changes to condominiums, townhouses, and multi-family dwellings in C-1 and C-2 districts. Several options are being considered. Steps are suggested to enhance the ability of the council and the planning commission to control residential development in commercial districts.

Council approved initiating steps to demolish an unsafe house at 5289 Main Street.

Council approved setting date for public hearing on September 3 on possible changes to the road subdivision ordinance. For several years the town has been attempting to resolve matters related to “what is a road.” The suggested changes would clarify the difference between a road and a parking lot.

Dr. Wolffe was concerned about possible long access corridors to something like a Maddox Campground converted to residences. Attention needed to be paid to ingress and egress issues. He and other council members were also concerned about the example of maintenance problems on private roads on Piney Island and at the south end of Chincoteague. Steps need to be taken to insure that roads are maintained in future developments.

Mr. Poulson stated that roads built to state specifications can be very expensive. Some flexibility is needed on Chincoteague where land is scarce. Nevertheless we want to insure that private roads are well built and maintained.

The council considered the conditional use permit application for Christine Schreibstein of 6225 Clark Street to practice “complimentary medicine”(holistic health) at this location. There was considerable discussion of whether this was a permitted home occupation and whether there would be sufficient parking available. Council decided to have staff gather more information.

Comprehensive Plan Focus Groups

Council considered establishment of focus groups for discussion of the draft new comprehensive plan. One of the main ideas to come out of the June 28, 2007 Joint Council/ Planning Commission meeting with consultant Peter Johnston was the idea of having stakeholder group meetings. As defined by one source these meeting could include “neighborhood associations, environmental organizations, chamber of commerce, home builders, bankers, interested citizens, and other known interest groups.”

The consultant in conjunction with staff wants to conduct a series of small stakeholder group meetings. Ideally there would be no more than 10 stakeholders at each meeting. The reason for conducting these stakeholder group meetings is to make sure people understand what is in the new draft plan and entertain any questions and concerns the stakeholders might have and to try to gain some consensus for moving forward in the comprehensive plan update process.

Council approved the idea and asked staff to find a mutually agreeable date in September to hold these meetings. Everyone is invited to submit suggested names of participants to Jared Anderson, the town planner. His email address and phone: jared@chincoteague-va.gov,  336-6519. Mayor Tarr suggested using the list of attendees at the two town meetings held earlier on the plan.

Announcements

Council approved canceling the council meeting scheduled for August 16. There will  not be enough time to prepare materials for action. The next council meeting will be September 3.

Mayor Tarr drew attention to the August 13 meeting at the Chincoteague Center at 7 p.m. with Don Alexander, director of On Site Wastewater Disposal for the state of Virginia. He will give a presentation of the various types of systems on the shore and how they work, including the above ground pretreatment systems and the new regulations that will be required for these systems.

Meeting ended at 9:45 p.m.

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.

July 2, 2007 Town Council Meeting

July 2, 2007 Town Council Meeting

The July 2, 2007 Town Council Meeting covered these topics:  1) Accomack County Board of Supervisors update from Wanda Thornton; 2) Waste water report by David Rigby of Waste Water Management Inc.; 3) Donation request for the youth football league; and 4) Transient occupancy tax increase implementation.

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

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

Approximately 25 citizens attended the meeting.

The meeting began at 7:35 p.m.

Public Comments

Several proprietors of motels, bed and breakfast establishments, and vacation rental companies expressed their concern about the implementation of the increase in the transient occupancy tax from 2% to 3% as of July 1 with very short notice. Many reservations had earlier been made at fixed prices and it would be difficult to charge customers more after the fact. There was hope that the Council could provide some relief.

County supervisor Wanda Thornton made her regular report to the Council. She drew attention to a number of new regulations and reports that impact on Chincoteague.

A forum on dredging will take place on July 10 at the Eastern Shore Community College. Congresswoman Thelma Drake and representatives of the Army Corps of Engineers and the Coast Guard will be present. With money drying up for shallow water dredging projects it is very important for citizens of Chincoteague to express their concerns on this matter.

In August there will be a workshop on groundwater issues and new regulations.

The Transportation Technical Advisory Committee has reported that Route 13 is one of the most dangerous highways in Virginia, both for accidents and drunk driving. There is no money available to improve Route 13 and we need to make a lot of noise.

The new regulation about a minimum flounder size of 18 ½ inches is having considerable negative impact on fishing on Chincoteague. Virginia is one of the few states with such a strict policy.

Mayor Tarr and Supervisor Thornton recently took part in a meeting of hunting guides with Fish and Wildlife officials. Hunting blinds now have to be portable. There are other new regulations that will make it more difficult for hunting guides to do to their work. Mrs. Thornton expressed her overall concern that there are more and more restrictions and costs for traditional ways of making a living on Chincoteague. The regulators don’t seem to pay any attention to these kinds of impacts.

A recent economic study of the Virginia eastern shore has been released. It showed little population increase in the region and dramatic reductions in school enrollment. Unskilled occupations predominate with the cost of housing rising. The Nature Conservancy is the largest landowner on the eastern shore.

A new county public safety strategic plan is suggesting that Chincoteague should no longer have independent emergency services and fire departments. They should be part of Accomack county. This must be watched closely and Chincoteague needs to make the case for its special status as an island with a causeway that floods.

Consultant David Rigby of Waste Water Management Inc. provided a public sewer system progress report. Issues that have been identified: environmental issues, social issues, and personal impact. We want to do no harm and improve the existing situation but people need to be aware of water quality degradation. People want to protect their way of life and enhance commercial viability. There is great interest in what public sewer would cost and how it would benefit people.

Several collection systems alternatives have been examined. Because of the flatness of Chincoteague a gravity system of pipes seems unworkable. There would have to be deep excavation and great cost of restoring streets. Another alternative is lower pressure pumping in which every home would have its own pump. The other alternative is vacuum sewers to the main pumping station. Each has its own pros and cons.

There would be a central treatment plant, presumably located on town property. Only about one acre would be required to this. It would produce “to the limits of technology” effluent that would exceed drinking water requirements. 

A number of disposal alternatives have been examined. Most have major drawbacks. These include: 1. Connection to NASA for treatment and disposal; 2. Apply to mainland using spray and drip irrigation; 3. Apply to Assateague island using spray and drip irrigation; 4. Reuse water for irrigation/secondary uses; 5. Discharge to Chincoteague Bay; and 6.. Treat and dispose 3-miles offshore. While the later is encouraged by some state agencies a pipe going 3-miles to sea would be very vulnerable to storms and tides. Discharge to Chincoteague Bay would not be permitted by state agencies.

The more workable disposal alternatives for effluent disposal are: 6. Treat and discharge to Fowling Gut; and 7. Deep well injection. Fowling Gut is 14,500 feet long thru the middle of the island and could be a holding area for effluent. The effluent from a treatment plant would actually improve the water quality of Fowling Gut. The consultants will be looking more carefully at this option. This cannot be a complete solution in part because Fowling Gut is vulnerable to flooding.

Deep well injection has been used by islands like Sanibel and Marco in Florida. “We believe this an attractive option and should be further analyzed.” Treated effluent is sent some 300 feet below ground.

Fowling Gut and deep well injection are among the least expensive disposal options.

Implementation should be in measured steps. Commercial areas would have first priority. The town could be divided into a number of smaller projects depending on need and desire. Construction would take place in the off season. NASA could be offered the option of access to help reduce costs.

Paying for this is a complex problem with a number of possible sources of money. Before significant grants would be requested the town would have to decide on a plan and demonstrate commitment to central sewage.

Dr. Wolffe stated that the next logical step is to get public input. We need to be prepared to answer the many questions the public would have, including costs. Mr. Rigby said that they could be ready for a public meeting in September-October. They already have most of the information and costs estimates needed. Wolffe stated that even though central sewage would be a very complex task that the economic future of Chincoteague is dependent on solving this problem. Thru a new comprehensive plan and zoning we can prevent Chincoteague from becoming Ocean City South.

The Council approved a $500 grant to the new youth football league which is now forming on Chincoteague.

After extensive discussion the Council decided that the implementation of the transient occupancy tax increase would be adjusted so that reservations at motels and other facilities made prior to July 1 would be at 2%. As of August 1 the tax would be 3% for everyone.

The public meeting adjourned at 9:45 p.m.

The Council entered into a closed session.

Notes by David Johnson and Barbara Thackray

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 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.

May 17, 2007 Town Council Meeting

The May 17, 2007 Town Council Meeting covered these topics:  resolutions on Hurricane Awareness Week and a regional water supply planning grant, setting public hearing dates for Fiscal Year 2008 Budget, consideration of a deed of vacation, briefings on anchors for fuel tanks, reports from Committees of the Council and announcements from the Mayor and Council members.

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

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

Absent:   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 6 citizens attended the meeting.

The meeting began at 7:39 p.m.

Resolution on Hurricane Awareness Week
The Council unanimously adopted a resolution proclaiming the week of May 20 – May 26, 2007 as Hurricane Awareness Week.

Resolution Regarding Regional Water Supply Planning
The Council unanimously adopted a resolution that states the Town of Chincoteague:
•    Will participate in the development of a regional water supply plan and authorizes the  Accomack-Northampton Planning District Commission to manage and develop the plan.
•    Authorizes the Accomack-Northampton Planning District Commission to develop and application for planning grant funds to offset the cost of developing the plan.
•    Commits up to $500 in cash or in-kind matching funds to the project.

Safety & Transportation Committee Report
Mayor Tarr reported on the May 3 meeting of the Safety & Transportation Committee
    Emergency Management Report
•    On May 9 all Town Departments will meet with Mr. John Jester to work on updating the Emergency Operations Plan
•    An all-hazards informational document will be mailed to citizens within a few weeks.
•    EMS employees and Chincoteague Fire Department volunteers recently participated in a training exercise which tested resources and capabilities
    Fireworks Transportation for 2007
•    During the 2006 fireworks display, three buses were used to transport people form the municipal center to the carnival grounds and back.
•    The Town lost $200 in trolley revenue last year while transporting people to the fireworks display
•    The Chincoteague Fire Department paid for the cost of drivers and fuel.
•    Mayor Tarr indicated that this issue will be taken up during the May 19 Town Council meeting.
    Trolley Stops
•    Mr. Lewis was asked to review the Island wide problem of drivers passing trolleys while stopped to take on and discharge passengers.

Anchoring of Fuel Tanks
•    Oil and propane tanks that are not anchor pose potential hazards during storm events.  This issue will be taken to Town Council for discussion and possibility of drafting a proposed ordinance to require fuel tanks to be anchored.

Public Works Committee Report
Mayor Tarr presented the Committee’s Report on behalf of Chairman Glenn Wolffe who was out of town attending a medical training program.

•    Drainage work on Mumford Street is nearly finished.  Milling and paving will begin soon.
•    Work on Taylor Street and Hallie Whealton Smith Drive will begin after the Mumford Street project is finished.
•    The Town is evaluating the possibility of installing a drainage pump at the intersection of School and Sharpley Streets.
•    Sidewalk projects on Deep Hole Road and Main Street are in planning or ready to begin.
•    Mr. Cosby recommended that the $5,800 remaining the storm damage funds be directed toward the replacement of a vehicle lift for the Town garage.
•    There was a discussion about how to dispose of street millings and surplus property.

Ordinance Committee Report
Councilman David Ross reported on the May 10 meeting of the Ordinance Committee
•    The Committee recommended to the Town Council various updates to Town Ordinances and proposed public hearing dates.  See Public Hearing Dates below.

Public Hearing Dates
The Council set June 4 as the date for the following Public Hearings:   

    To Update Ordinances
•    Excise tax Transient Occupancy & Meals and Increase the Tax Rate
•    Traffic and Vehicles, Fee Levied, and Increase the Annual Rate
•    Solid Waste, Billing and Other Charges, and Establishing the Rate

    To Review the proposed FY 2008 Budget
•    Revenue for All divisions
•    General Government Fund Expenses
•    Water Division Expenses
•    Total Main Street Fund Expenses
•    Mosquito Division Expenses
•    Trolley Division Expenses
•    Harbor Division Expenses
•    Harbor, Water, & General Government Rate Sheets

Details for all these items are available in PDF format on the Town website at this URL:
Budget and Fee Details

Deed of Vacation
The Council granted to Ruth Lane a deed of vacation that eliminates to interior lot lines within the three lots she owns on East Piney Island.

Briefing on Anchoring Fuel Tanks
Jared Anderson, Town Planner, briefed the Council on the research he completed to provide background information for the Public Safety and Transportation Committee’s discussion about anchoring fuel tanks.

•    Many fuel tanks on the Island are not anchored to foundations or structure.  These can break free during high winds or flooding.  Floating or tumbling tanks are potential fire and pollution hazards as well as a collision threat to structures, pedestrians and vehicles.
•    It is a poor use of police and fire company personnel to be obliged to identify and restrain errant fuel
tanks during a storm emergency.
•    The cost of cleaning up a sixty gallon petroleum spill is estimated, by one source, at $10,000.
•    Requiring that fuel tanks be anchored is considered a pre-mitigation strategy
•    Requiring that fuel tanks be anchored may help to improve the Island’s FEMA rating and that might
lower the cost of flood insurance.
•    The flood plain management ordinance could be amended to provide for phase-in of the requirement
to anchor fuel tanks.

Discussion on Parking Lot Across from the High School
The Community Enhancement and Recreation Committee suggested that a temporary parking lot be established on Town property located across Main Street from the High School.  Public works recommended that a horseshoe drive with one entrance and one exit on Main Street be created on the existing grass with ten parking stops installed.  The parking stops would be installed at a forty-five degree angle to the drive way and would face Main Street.  This proposal is temporary while a permanent design for the Park is developed.  The Town adopted a motion to proceed with the work.

Announcements and Comments
Councilwoman Richardson announced that the Planning Commission will meet at 7 p.m. on Tuesday May 22.

Councilman Howard announced that the Harbor committee will meet on June 13.  He also suggested that all committees move their meeting times to 7 p.m. so that citizens can attend the meetings.

The meeting adjourned at 8:59 p.m. 

Notes by 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.

May 7, 2007 Town Council Meeting

The May  2007 Town Council Meeting covered these topics:  Report from the April 17 meeting of the Budget & Personnel Committee, Update on activities of the Accomack County Board of Supervisors and a consideration of an ordinance authorizing the lease of a portion of the Town Dock and announcements from the Mayor and Council members.

Audio of the meeting, the agenda and backup material may be found at:
Audio - Agenda - Backup Materials

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

Absent:  David Ross

County Board of Supervisors: District 1 Representative Wanda Thornton

Chincoteague Planning Commission: Charles Ward, 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 17 citizens attended the meeting.

The meeting began at 7:39 p.m.

Mayor Tarr opened the meeting by announcing that today was Town Government Day.  During the day elected representatives of the senior class of Chincoteague Combined School had worked along side Town officials and elected representatives.  Students were elected to fill positions mirroring those of Town Government.  After reviewing the operations of Town Government the elected students caucused to develop a list of issues they believe the Town should address.

Student Mayor Gail Robins presented a list of six issues:
1.  Establish no parking zones on both sides of Church Street from the intersection with Main Street to the intersection with Willow Street.
2.  Repave Church Street.
3.  Put lights on Hallie Whealton Smith Drive
4.  Restrict parking along Maddox Blvd.
5.  Raise the speed limit to 30 mph throughout the Island
6.  Pave Eastside Drive.

Public Participation
John Jester rose to speak about safety concerns and bicycles.  He asked the Council to focus attention on two specific areas that are hazardous to cyclists.  One is on the traffic circle on Maddox Blvd at the entrance to Maddox Family Campground.  He noted that motorists frequently cut the turn into the campground so sharply that they drive on the grass and a hole has developed.  He asked if it would be possible for the Town to widen the pavement at this point to give cyclists more road room.  Mr. Jester also noted that along Maddox near the Blue Heron Motel the paved roadway accumulates a lot of blue stone gravel from the parking lots.  This rubble causes cyclists to veer into traffic and pose a hazard.  He asked that the Town consider street sweeping these areas on a more frequent basis.

Victoria Emory Godwin renewed her three year old complaint to the Council that the police department had and continues to fail to enforce a protection order against her former boyfriend.

Budget & Personnel Committee Report
Councilwoman Nancy Conklin reported on the April 17 meeting of the Budget and Personnel Committee. 
During the committee’s consideration of additional funding for the Chincoteague Recreation and Convention Center Authority, the following points were raised.

•    Councilwoman Conklin pointed out that the Authority has not received any additional funding from the Town since it was created and the current level of funding is not meeting the expenses of the Center.
•    Town Manager Robert Ritter said that the Town provides funding through the occupancy and meals taxes and also supports the Authority by providing lawn care, setup and take down of chairs and tables and typing of minutes for Authority meetings.
•    During the past three years the Center has supported 193 free events at a cost of $19,300.
•    During the past three years the Center has hosted 41 community discounted events at a cost of $14,350.
•    During the past two years the cost of the hearing and air condition system has been $31,479.  The system does not meet the needs of the building.
•    The Authority requests additional funding from the Town by setting the percentage of the transient occupancy tax it receives at 30%.  This figure would be a 5% increase over the current appropriation.
•    Councilwoman Conklin stated that she felt a 5% increase was too much in light of shortfalls in the Town’s budget.  She felt that a 3% increase would be more appropriate.  She further said that this level of increase would yield approximately $9,810 in additional transient occupancy tax.   
•    Councilwoman Conklin stated that if the Center had an additional $10,000 per year in revenue it could meet its expenses.
•    The bond that funded construction of the Center has an outstanding balance of approximately $50,000

The Committee agreed to include the increase funding for the Authority in the draft FY ’08 budget for discussion during the budget workshops.

Accomack County Board of Supervisors
Supervisor Wanda Thornton provided quarterly update on the activities of the Accomack County Board of Supervisors.

Bike Paths.  Responding to Mr. Jester’s comments to the Council, Ms. Thornton suggested that the next community leaders meeting include an agenda item regarding bike trails.  The National Park Service has funding available for creating bike paths and she urged the Council to apply for these monies.

The County Budget.  Ms. Thornton gave a detailed overview of the County budget.  She noted that the budget is approximately $47.4 million.  The $13 million local contribution to the school system’s budget is the largest component of the budget.  The total school system budget is $46 million.  The budget is allocated in the following way.

Item                            Percent of County Budget
Education                             28.7%
Parks and Recreation             2.3%
Planning                                3.1%
Debt Service                         11.4%
General Government              8%
Judiciary                               2.8%
Public Safety                        16.7%
Public Works                        11.6%
Health and Welfare              14.8%

Sales of real property in the County are down significantly.  Growth in the value of real property is up 2.6% over the last year.  Sales tax collections are anticipated to increase by $100,000 during FY 08, due mostly to the opening of Wal-Mart.

The county’s planning department now costs about $400,000 to operate.  It employs five people and an additional position has yet to be filled.  To partially fund its operation the planning department has increased its fees, some by as much as 600%.

Although County school teachers received a 2% raise, they will take home less pay because health insurance premiums have increased by 17%.

Ms. Thornton said that she voted against the budget because she felt that some issues remained unaddressed and others were inadequately addressed.

The County Comprehensive Plan.  Ms. Thornton said that she believes there are very serious problems in the County’s draft Comprehensive Plan. She focused attention on these points.
•    The current draft plan prohibits any sewage discharge into waters.  She urged the Council to provide written comments on this point.  Should this remain in the plan it could jeopardize efforts to develop sewage treatment facilities for Chincoteague.
•    There is an effort to implement Bay Side regulations on the Sea Side of the County.  The consequences of doing so are many and would harm the economy of Chincoteague.
•    Farmland runoff is not currently regulated.  This is a major source of nutrient runoff into local waterways and needs to be addressed.  The Ground Water Committee has asked for regulation to control this source of pollution.

Dredging. No small dredging projects have been funded.  Much of the Inland Waterway in Virginia is blocked because of the lack of dredging.  Ms. Thornton is working to get federal representatives from Delaware, Maryland and Virginia together so they can be briefed on the negative economic consequences of stopping small dredging projects.  This meeting will take place within the next six weeks.  Ms. Thornton asked that the Council prepare a document that shows the economic impact of maritime activities and the negative consequences that would accrue if dredging does not continue.  A similar effort was done in the recent past with the result that those waterways of economic interest to Chincoteague were dredged.

Lease of the Town Dock
The deadline for submission of bids to lease a portion of the Town Dock closed at 5 p.m. on May 7.  No bids were received.  The Council took no action.

Announcements and Comments
Councilman Wolffe advised his colleagues that he will be absent for the May 17 meeting of the Town Council.  He will be attending medical training in Boston on that date.

Vice Mayor Spidel offered her thanks and best wishes to the Student Government Representatives from Chincoteague Combined School.  She noted that in 1991 she had been elected Student Town Manager.  Thereupon Councilman Howard noted that the Tradition of Town Government Day extended back at least fifty years and that in 1957 he had been elected Student Mayor.

Councilwoman Richardson noted that drivers of the Chincoteague Trolleys had recently competed in a driving competition.  Chincoteague ranked 7th out of thirteen teams in competition.  One Chincoteague driver took 3rd place out of a field of sixty-five drivers.

Councilman Howard announced that the Kiwanis Club had recently cleaned up a small family cemetery on Smith Street.  He asked that the Mayor send a letter of appreciation to the organization.

The meeting adjourned at 8:45 p.m.

Notes by 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.

April 19, 2007 Town Council Meeting

The, April 19 2007 Town Council Meeting covered these topics:  a resolution for spring clean-up, paint-up and fix-up week; reports from four Council Committees and announcements from the Mayor and Council members.

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

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, Dr. Glenn Wolffe

Absent:  Vice Mayor Anita Speidel

Chincoteague Planning Commission: Ray Rosenberger, Chairman; Mollie Cherrix, Commissioner

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

Approximately 10 citizens attended the meeting.

The meeting began at 7:32 p.m.

Public Participation
Lauren Cherrix, Jessica Hamann and Reed Thornton, students at Chincoteague Elementary School, addressed the Council regarding their plans to initiate a monthly newspaper titled Commonwealth of Chincoteague Newspaper and aimed at school-age readers.  They explained that they planned to include stories of interest to young readers such as articles on bike safety, sports, new books in the library and information about Chincoteague and Assateague. They anticipate selling advertising and plan to sell the paper for forty-five cents a copy.  The Mayor and Town Council welcomed the student’s presentation and pledge to support this new and important effort.

Sandy Bowden spoke to the Council about the work of the After Prom Care Committee and asked the Council for the same support the committee received last year.  Ms. Bowden reported that graduating seniors at Chincoteague Combined School would total about fifty-six and that the prom included both junior and senior students.  The Committee anticipates approximately two hundred students will attend the all night program provided by the Committee during 2007.  Last year 89% of all graduating seniors attended the program.  Once signed in, students are expected to stay until 6 a.m. the following day.  If they leave before that time, their parents are notified by phone.  Ms. Bowden detailed the events of the evening and the week leading up to the prom.  Tickets to the event cost $7 each or $10 per couple. At the close of her remarks, Mayor Tarr pledged the Town’s continued support for the work of the Committee.

Committee Reports
Ordinance Committee.  Councilman Ross reported on the March 28, 2007 meeting of the Committee. 
•    The Committee unanimously adopted a proposed revision to the Town Code in Chapter 62, Article II, Division 2, Rates.  This change eliminates specific water rates within the Code by substituting language requiring that:  “A water rate schedule shall be established and adopted each year by majority vote of the council.”

•    The Committee unanimously adopted a proposed revision to the Town Code in Chapter 62, Article II, Division 2, Billing.  This change eliminates the specific disconnection fee within the Code by substituting language requiring that:  "Any person having service disconnected by the Town shall be charged a fee as established by the town council for each reconnection."

These proposed revisions were presented to the Town Council for consideration.

Public Works Committee.  Councilman Wolffe reported on the April 10, 2007 meeting of the Committee.
•    Councilwoman Ellen Richardson requested that Hallie Whealton Smith Drive be included in the spring paving projects.
•    Ms. Inge Veneziano requested that she be allowed to spray paint pay prints on the sidewalk in front of her store on Main Street.  Mr. Cosby agreed to further research the request.  Chairman Wolffe expressed concern that if the request would be granted, the Town would find it difficult to control other things people might want to paint on the sidewalks.
•    Mr. Cosby reported that the Town is still waiting to hear from the Department of Environmental Quality regarding approval of the aquifer test plans.
•    Mr. Cosby reported that the improvement plans for the Harbor should be received this week.
•    Mr. David Rigby of Wastewater Management, Inc conducted a comprehensive presentation on the status of the wastewater feasibility study.  The committee agreed to schedule a work session on this topic in late spring or early summer.
•    The Committee unanimously approved a proposal to recommend to Town Council that an ordinance similar to the May 1, 2005 lease agreement for mooring space at the Town Dock be authorized with a per annum minimum bid of $1,200 covering a two year period.   
•    Mr. Cosby reported that he was unable to arrange a functional plan for work on a section of Church Street during the spring.  He indicated that as soon as possible a drainage study would begin in the Church Street area.
•    Mayor Tarr expressed his concern about the condition of the street at the end of Tarr Lane and asked that repairs be made.  Mr. Cosby agreed to proceed with repairs.

Recreation and Community Enhancement Committee. Town Manager Robert Ritter reported on the April 12 meeting of the committee.
•    Playground Equipment at Veteran’s Memorial Park.  Ms. Renee Rice, a recreation specialist from All Recreation of Virginia, Inc. gave a presentation about “Playworld” playground equipment.  She visited Memorial Park and reported that there are safety hazards on some of the current equipment including head entrapments and spaces where fingers can get caught.  She spoke about the different types of surfaces that could be used to surround playground equipment and indicated that the sand currently at Memorial Park does not meet current standards.

•    Planning for the Park Across from the High School.   Two floating docks have been purchased for $3,000.  The kayak park should be operational by June.  Issues remaining include parking, replacement of picnic tables and barriers between the park and adjacent properties.  The park is anticipated to provide two parking areas with five spaces in each area.  The Committee discussed a walking tour of the site and perhaps going out in kayaks to view the site within the next few weeks.

•    Planning for the North Side Extended Nature Trail on Hallie Whealton Smith Drive.  There appears to be sufficient space to replicate on the north side of Hallie Whealton Smith Drive what is currently in place on the South side of the roadway.  A culvert must be installed in the drainage ditch that parallels Hallie Whealton Smith Drive so that a tractor can have access to the trail.  Wetlands and ADA issues remain to be addressed.  The Committee believes that the trail should be developed with every effort to maintain a natural setting.  That would mean using mulch or similar material for the bed of the trail instead of asphalt paving and barring dogs and other pets from access to the trail.

•    Spring Clean-up and Fix-up Week.  April 28 – May 6 has been recommended to Town Council as Spring Clean-up and Fix-up Week.  Supervisor Wanda Thornton has been asked to request that the County waive the tipping fee at the land fill during this week.

•    Screening of Surrounding Items in Residential and Commercial Districts.  The Committee discussed allowing screening up to the front corner of a lot providing that the building is at least 25 feet from the front of the property line.  Because this is a zoning issue the matter must be referred to the Planning Commission.

During the discussion of the report Councilman Wolffe asked the Committee to reconsider their view about pets on the new trail.  He indicated that pet owners make great use of the existing trail on Hallie Whealton Smith Drive and are very appreciative of the facility. Dr. Wolffe did not believe that dogs on leashes pose any threat to the natural setting and wildlife.

Harbor Committee.  Councilman Terry Howard reported on the April 11, 2007 meeting of the committee.
•    Boat Lift.  Gateway Marina and ships Store informed the committee that it is interested in placing a boat travel lift at the Harbor.  The Committee asked Town Manager Mr. Ritter to send to Gateway Marina a copy of a contract prepared by Town Attorney Mr. Poulson a few years ago for this purpose.  Mr. Ritter was asked to meet with Gateway Marina to review the contract and report back to the Committee on the possible advertisement for bid of this project.

•    Harbor Master Update. The scallop boats have left and subleasing has dropped off to zero.  Restroom plans should be received from the consultant within the week.

•    Delinquent Least Payments. A certified letter has been sent to the two slip holders to advise them that if they have not paid their overdue slip rental fees within thirty days their slips will be reassigned.

•    Marine Refueling Possibilities.  Harbor Master Wayne Meritt explained that he has had many requests for a refueling site at the Harbor.  He showed the Committee pictures of a similar facility at Cape Charles.  The Committee asked that staff research how other communities have managed refueling facilities at public harbors and the types of contracts that were developed to create these facilities.

•    Revised Harbor Policy.  Following the last Town Council meeting, Mr. Poulson reviewed the draft policy that the Committee had recommended. The committee unanimously recommended the following policy to the Town Council:

Any Lessee of a boat shall be the primary operator of any boat or vessel validly assigned to such slip, or if not the operator, the lessee shall regularly be on board during the course of such operation.  “Regularly” shall mean substantially at all times, but with exceptions for the purposes of maintenance or repairs.  Violation of this provision shall be deemed to be a material non-compliance with the lease and a ground for cancellation thereof.

Council Actions on Committee Recommendations
1. Council unanimously passed a resolution designating April 28 – May 6, 2007 as Spring Clean-Up, Paint- Up & Fix-Up Week in the Town of Chincoteague.

2.  Council unanimously adopted the ordinance changes regarding water rates and bill as recommended by the Public Works Committee.

3.  Council amended the ordinance change recommended by the Harbor Committee.  The wording change provided greater clarity in the proposed ordinance.  Council unanimously adopted the amended proposal.
This change requires that a slip-holder be the primary operator of a vessel occupying a leased slip whether or not the slip-holder owns or leases the vessel. 

4. Council placed on its May agenda the proposal by the Public Works Committee to make lease agreements for mooring space at the Town Dock.

Mayor & Council Announcements and Comments
Councilman Ross requested that Chief Lewis update the Council and public about the recent power outage and the graffiti at Memorial Park.  Chief Lewis advised that during the recent power outage that the Town had received a citizen complaint that the light at the intersection of Maddox and Deep Hole was not operating and that no officer was stationed there to direct traffic.  The Chief explained that at the time there were only two officers on duty and both were engage in responding to calls and other duties.  Other officers were away on training or on vacation.  Councilwoman Conklin said that she passed through the intersection several times during the power outage and found that drivers treated the intersection as controlled by a four way stop signs.  She observed that the courteous actions of drivers maintained a safe situation despite the power failure.  Chief Lewis reported that the graffiti incident had been referred to Juvenile Affairs.

Councilwoman Richardson provided the Council with pictures of the newly installed plaque at Reed Park.  She also reminded the Council that nearly a year ago they had agreed to take up a discussion of how the Vice Mayor is elected.  A vigorous discussion of this issue followed.  Mayor Tarr advised that the rule in place under the Town’s Charter provides that the Council elects the Vice Mayor.  However, it had been a long standing practice of the Council to elect to the position of Vice Mayor the council member who received the greatest number of votes in the most recent election.  The Consensus of the Council was that nothing needed to be changed.

The meeting adjourned at 8:57 p.m.

Notes by 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.

April 2, 2007 Town Council Meeting

The, April 2 2007 Town Council Meeting covered these topics:  A-NPDC request for funds to support broadband, a deed of vacation and reports from five Council Committees.

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

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

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

Chincoteague Planning Commission: Ray Rosenberger, Chairman, Charles Ward, Commissioner

Staff members:  Town Manager Robert Ritter, Town Attorney Jon C. Poulson, Chief of Police Edward Lewis, Director of Public Works Michael Cosby, Harbor Master Wayne Merritt

Approximately 18 citizens attended the meeting.

The meeting began at 7:32 p.m.

Public Participation
Ray Rosenberger, Chairman of the Planning Commission spoke as a private citizen to address the Council regarding three items on the agenda.
1.  He stated his support for the additional emergency medical personnel proposed by the Budget and Personnel Committee.

2.  Mr. Rosenberger called attention to the request by the Accomack Northampton Planning District Commission for a contribution of $4,368 to help defray the unexpected high cost of managing the grant funding development of broadband.  He reminded the council that the original $75,000 grant received by the Town was supposed to be sufficient to support this work.  He also stated that the Town of Chincoteague was unfairly expected to support more than its share of this new cost.  Splitting the costs equally among Exmore, Accomack County and Chincoteague did not seem reasonable. 

3.  Mr. Rosenberger noted that Accomack County has recently increased its building permit fee and suggested that the Town should increase its building permit fee to equal that of the County.

Mr. Kenny Lewis, Building and Zoning Administrator spoke as a private citizen to address the Council regarding the agenda item dealing with the vacation of a lot line on properties located along Ridge Road.  Mr. Lewis explained that the house to be constructed was his own and that he sought this vacation of the lot line to bring the project into compliance with existing State law.

A-NPDC Request for Funds
The Braodband Initiative for the Virginia Eastern Shore is being managed by A-NPDC.  A detailed explanation of the project can be found at this link [ed]:  Broadband Initiative

Paul Berge, Executive Director of the Accomack Northampton Planning District Commission (A-NPDC) sent a letter to Accomack County, and the Towns of Exmore and Chincoteague requesting funds to support the management of the broadband planning grant. 

Accomack County, Chincoteague and Exmore each received a $25,000 Community Development Block Grant through the Virginia Department of Housing and Community Development to develop a Community Telecommunications Plan to prepare for construction and the launch of high-speed Internet access to the “last mile.” 

A-NPDC projects a total deficit of $26,206 in the management of the grant.  A-NPDC proposes to fund half of the deficit through its own funds and requests that together the County, Chincoteague and Exmore equally fund the remaining half of the deficit.  The cost to Chincoteague would be $4,368.

Barbara Schwenk of the A-NPDC spoke to the Council about this funding request.  She explained that the A-NPDC had spent far more staff time on the project than had been planned.  However the project would remain on schedule to deliver to Chincoteague a telecommunications plan by May 31, 2007.  In part this funding request would cover the cost of   preparing the implementation grant that would fund $200,000 to put optical fiber in the ground.

A detailed discussion followed by the Council during which these points were raised.

•    Maryland is putting $16 million into their portion of the Broadband project.  Maryland funding is bringing the broadband backbone to Wallops Island.

•    NASA’s portion of the funding is $2 million.

•    The NASA line will follow Rt. 175 until approximately the location of Ray’s Shanty.  At that point the route will diverge northward away from the roadway.  This route will mean that broadband will not reach the T’s Corner area without a local loop being installed.  Chincoteague’s fund is expected to cover that loop. 

•    Development of the broadband backbone on Virginia’s Eastern Shore will begin at Wallops Island and move south. 

•    Accomack County has agreed to its share of the funding request.

•    Exmore had stated that it will not pay the entire amount requested.  That Town will ask Northampton County to pay for half of its share.

•    Several Council members stated that it was unfair to expect the Town of Chincoteague to pay for what is clearly the responsibility of the County to support the broadband initiative in villages such as Atlantic and T’s Corner.

•    Several Council members asked why Onancock and large industrial users such as Tysons and Perdue were not asked to provide support for this funding request.

•    Several Council members wanted to know if this would be the end of requests for additional funding for the project.

Ms. Schwenk said that she would take the Council’s concerns back to the A-NPDC.  The Council deferred action on this request until additional information is presented by A-NPDC.

Committee Reports

Chincoteague Recreation & Convention Center Authority.  Councilwoman Nancy Conklin reported again on the January  15, 2007 meeting of the Authority.  See the Chincoteague Reports entry under Town Council March 5 for a synopsis of  this report.  She advised the Council that the March 17 concert by the Irish Breakfast Band was successful and that a  craft fair was scheduled at the Center for this coming weekend.

Recreation and Community Enhancement Committee. Vice-Mayor Anita W. Speidel reported on the March 8 meeting of  the committee.

•    Playground Equipment at Veteran’s Memorial Park.  The committee discussed ensuring that the equipment would be ADA-compliant, prioritizing equipment based upon risk-factors and inviting a playground equipment vendor to the next meeting.

•    Park Across from the High School.  The committee discussed the potential uses of the park.  There is interest in creating a kayak park with a floating dock.  Staff was asked to research the cost of replacing the existing picnic tables in the park.  One member suggested that the property could be used for a dog park.

•    Extended Nature Trail on Hallie Whealton Smith Drive.  The committee decided to do a walk-through of the property on Saturday March 17 at 10 a.m.  This effort was a success and the Committee will pursue action to extend the nature trail.

•    Spring Clean-up and Fix-up Week.  Mr. Cosby recommended that this year’s cleanup week be schedule for April 28 through May 5.  Mr. Ritter will provide to the Town Council at its next meeting a formal resolution to establish the clean up week.  He will also request that Accomack County waive tipping fees for the Town during this week.  The Coast Guard clean up of trash on the causeway is scheduled for April 10. 

•    Alternative Ways for Screening.  After a discussion on screening techniques, the committee’s consensus was to examine the Island for areas needing improvement and enhancement and to report the findings during the next committee meeting.

Public Works Committee.  Councilman Glenn Wolffe reported on the March 13 meeting of the committee.

•    The Town is waiting for the Department of Environmental Quality to complete its review of updated plans for  aquifer testing.

•    The Town is working with the engineering firm Whitman Requardt to address issues with well number 8.

•    Larvaciding and renewal of contracts for aerial mosquito spraying will begin soon.

•    The pre-construction meeting for work on the ground water storage tank will take place on March 19.

•    Councilman Howard expressed concern about the condition of the unused buildings beside pump house number three on the mainland.   Mr. Cosby agreed that the buildings were in very poor condition but said that budget constraints prevented taking action on them at this time.

Harbor Committee.  Councilman Terry Howard reported on the March 14 meeting of the committee.

•    Due to recent restrictive regulations, the scallop boats have left and subleasing has dropped off.

•    Ladders have been received and will be installed in five areas.

•    Dredging of the Harbor will occur in the fall.

•    A group of Eagle Scouts have planted shrubbery near the boat ramp, placed new benches at the harbor and relocated the plaque.

•    The committee unanimously recommended the following policy to the Town Council:

If you are the owner of a boat slip and you lease a boat, the slip owner shall be the operator of the boar, or at a minimum the slip owner shall be on the boat.  The boat owner may operate the leased boat under certain circumstances such as maintenance, repairs, or if bad weather conditions occur, subsequent to the approval of the Harbor Master. 

•    Slips 58 and 66 have not paid their FY ’07 leases to date.  Payment was due by July 1.  The committee  recommended that the Harbor Master send a certified letter to the two slip holders to advise that unless their slip payments were made within thirty days that their slips would be reassigned.

•    Gateway Marine of Cambridge, Maryland has expressed interest in placing a travel lift at the Harbor.  Gateway Marine will be invited to attend the next meeting of the committee. Staff was asked to gather further information and to request comments from Town Attorney Poulson.

Budget and Personnel Committee.  Councilwoman Nancy B. Conklin reported on the March 20 meeting of the committee.

•    The committee unanimously recommended that Town hire and fund two additional emergency medical  personnel.

•    The committee discussed changes in auditing standards for fiscal year 2007.  The new standards require that the Town accept full responsibility for complete and accurate books, financial statements, and internal controls.  In past years the Town auditor completed all accounting schedules and financial statements.  The new regulations are difficult to implement with a small staff because of the accounting requirement for financial controls that require segregation of some duties.  The Town will contact the auditor for advice on how to implement the new regulations. 

•    The new software recently purchased by the Town is being implemented.  Accounts payable checks are now being written and April water bills will be issued using the new software. 

•    The committee unanimously recommended to the Town Council that the Employee Handbooks be changed to place the Waterworks Technician in grades 12 – 15 and the Waterworks Trainee position at grades 7 – 9.

•    Chief Lewis noted that the position of full time Telecommunicator is presently open.  He asked that the committee consider a new job description for this post.   That would include clerical duties. This change carries no budget implication.  The committee unanimously recommended to the Town Council the addition of the position description of Office Assistant/Telecommunicator.

•    Mayor Tarr asked the committee to consider a one time donation to the Island Library Building Fund.  The committee will work to include a donation in the FY ’08 budget.

Council Actions on Committee Recommendations
1.  The Council agreed with the recommendation of the Harbor Committee to change the policy of the Harbor regarding slip leases.  Town Attorney John Poulson was asked to redraft the proposed policy and bring it to the Harbor Committee during its April 11 meeting.

2.  Funding for the two additional emergency medical personnel was agreed to in principle.  The matter will become part of the FY ’08 budget preparation.  At issue is how to fund the positions.  It is estimated that the annual cost will be approximately $100,000.  The most direct way to fund this expense is through the property tax.  It is estimated that an increase of three cents per hundred dollar evaluation increase in property tax would be required to fund the positions.  The Council took no position on any tax increase but referred this matter to budget deliberations.

3. The Council unanimously approved the recommended changes in the Employee Handbook regarding waterworks personnel.

4.  The Council unanimously approved the recommended change in the job description of the full time, Police Department Telecommunicator as requested by Chief Lewis.

Deed of Vacation
The Council approved the request of Mr. Gene Wayne Taylor for a deed of vacation of a property line between lots 10  and 11 in the Pine Ridge Development off of Ridge Road.  The vacation of the property line will permit the placement of one single family dwelling on the two lots and provide frontage of 100 feet.

Mayor & Council Announcements and Comments

Councilman Ross stated that a citizen had contacted him to ask if the Town was planning a celebration during 2008 to commemorate the 100th anniversary of its incorporation.  Mayor Tarr said that staff would research the date and report to the full Council.

Vice Mayor Speidel asked for volunteers to help with the clean up around the Town municipal restroom facilities on Main  Street.  The work will be done during the early evening of Tuesday April 3.

Councilwoman Richardson and Councilman Howard expressed their thanks to the Public Works Department for prompt response to requests for tree trimming along Tarr Lane and brush removal from a cemetery.

Mayor Tarr announced that the Chincoteague Radio Station 96.5 plans to move its operation off the Island and into the Princess Anne and Crisfield area.  He asked the Council for their consensus to work with the station owner to try to keep the station in  Chincoteague.  Mayor Tarr was interested in trying to make use of the Town’s designation of the enterprise zone as a way to encourage the station to stay.

The meeting adjourned at 8:56 p.m.

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.

March 15, 2007 Town Council Meeting

The, March 15 2007 Town Council Meeting covered these topics: presentation to C. Ray Daisey for service,  consideration of a grant application to the Virginia Commission for the Arts, determination of the Town’s position on the proposed additional entrance fee to Assateague and announcements and comments by the Mayor and Council members.

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

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

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

Chincoteague Planning Commission: Ray Rosenberger, Chairman and Robert Behr

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

Approximately 15 citizens attended the meeting.

The meeting began at   p.m. 7:35 p.m.

Public Participation
Donna Mason spoke about the new, additional $3 parking fee at Assateague proposed by the Park Service.  She made the following points.

1.  The Master Plan Agreement of the Park Service states that they will maintain the current level of parking.

2.  The Town Council should follow the money.  Where is the current money collected at the entrance to Assateague going?

3.  Chincoteague National Wildlife Refuge is the fourth most visited wildlife refuge in the county.  That level of visitation should support replacing the parking lots when necessary.

4.  Relocate parking lots to the north of the current entry road at the beach.  The land is flat and high there.  It should be easy to develop into parking lots. 

5.  Collecting a separate parking fee would be impracticable and cost prohibitive. 

6. Councilman Ross has suggested setting up a volunteer money collection kiosk at the entrance to the refuge.  The kiosk would not be manned, but would provide an opportunity for visitor to toss in their change to help fund restoration of parking on Assateague Beach.

7.  If an additional fee is imposed, it should not exceed the fee charged on the Maryland end of Assateague.  Funds created by the new fee cannot be directed to uses other than the parking lots and roads on Assateague. 

She asked the Town council to keep in mind that Assateague is the Town’s economic life blood.  Without it the local economy and way of life will suffer greatly.  This is true for all businesses, not just the tourism industry.

She also observed that beach replenishment should be a primary consideration.  If the ocean continues the migration to Tom’s Cove, the impact would be tremendous.  Assateague is Chincoteague’s barrier island and its protection against storms.

Mayor Tarr responded to Ms. Mason by explaining the current funding system on Assateague.  The fee paid at the entrance toll booths goes to fund the operation of the Refuge through the Fish and Wildlife Service.  The Park Service is responsible for the beach region of the park.  Funds to maintain this area come from entry and campground fees collected at the Maryland portion of Assateague National Seashore.  In the past funds to repair the parking lots after storms came from a budget item designated for emergencies.  Senior officials in the park service will no longer allow this funding mechanism because the parking lots must be restored every year.  They consider the restoration work to be a maintenance item not an emergency item.   The proposed new fee would create budget revenue that would be generated at the Virginia portion of Assateague National Seashore and would be dedicated to the restoration and repair of the parking lots in the Virginia portion of Assateague National Seashore.

Mel Olsen spoke in support of Ms. Mason’s remarks.  He identified himself as having worked as a Visiting Ranger at Assateague from 1969 to 2001.  He offered to the Town Council his service to explain the history of fees on Assateague and how the interface between the Park Service and the Fish and Wildlife Services works. 

Mr. Olsen explained that 80% of the proposed new fee would stay on Assateague and the remaining 20% would be captured to support other national parks that charge no entrance fee.  The fee is considered an “expanded amenity fee.” An extended discussion among Mr. Olsen, the Mayor and Council members followed during which it was stated that during the current funding year, the Park Service has spent approximately $184,000 on maintenance of the parking lots at Assateague beach.

Ray Rosenberger spoke in support of Ms. Mason’s and Mr. Olsen’s remarks.  He asked if there was any way that citizens of Chincoteague could support the Town’s position regarding the fee.

Mayor Tarr answered by saying that the extended comment period is only two days.

At the Close of the public comment period, Town Manager Mr. Ritter introduced Mr. Jared Anderson as the new Town Planner of Chincoteague.

Certificate of Recognition for C. Ray Daisey
On behalf of the Town Council, Mayor Tarr read into the record a certificate of recognition honoring C. Ray Daisey for his service on the Town’s Planning Commission.  Mr. Daisey’s term on the Planning Commission began on January 3, 2005 and ended when he recently moved off the Island.

Proposed Grant Application to the Virginia Commission for the Arts
Mayor Tarr asked Mr. Robert Behr, president of the Chincoteague Cultural Alliance, to review for the Town Council the draft of a grant application to the Virginia Commission for the Arts that seeks $5,000 to support various arts organizations in the Town. Mr. Behr explained that the Town is eligible for a one-to-one matching grant in an amount up to $5,000.  The Town can dispense the funding to bona fide arts organizations to conduct various types of arts, cultural and educational programming.  In Chincoteague the umbrella, not-for-profit arts organization is the Chincoteague Cultural Alliance (CCA).

CCA has a track record of producing arts events on every second Saturday of the month from April to December beginning in 2004.  The 2nd Saturday Art Stroll features presentations at various venues in the Town of Chincoteague Island, including art galleries, the public library and public parks.  These include exhibits, arts and crafts demonstrations, book signings, readings, participatory poetry and painting, musical and theatrical performances, and “the unexpected”.  The events are free and open to the public.  On the Second Saturday of September, CCA hosts a very successful plein air event that brings 40 artists to the Island to paint outdoors for one or two days followed by a public reception, exhibit and sale of artworks.  In 2006 CCA produced its first concert featuring the Italian ensemble The  David Trio, winners of the Chesapeake Chamber Music Competition in June.  CCA launched a three-concert acoustic music series in the fall.  The second, four-concert acoustic music series concerts begins in March 2007.  In 2005 and 2006, CCA sponsored a Native American Heritage Festival in November.

The monies received under the grant proposal would be used to fund a free-admission concert series in Robert Reed Park and the acquisition of a sound system to support the public event.

Mr. Behr answered questions from Council members about the grant and the proposed program. Monies to match the grant would have to be put into the FY 08 budget and a letter stipulating that would have to be sent to the Virginia Commission for the Arts no later than July 1, 2007.  He further explained that any equipment purchased through the grant monies would be the property of the Town.

The Town Council voted unanimously to apply for a $5,000 matching grant from the Virginia Commission for the Arts contingent upon approval of the FY 08 Town Budget.

Determination of the Town’s Position on the Proposed Additional Entrance Fee to Assateague
Robert Ritter, Town Manager, provided the Town Council with a copy of an email sent by Steve Miner, Accomac County Administrator, to the Superintendent of the Assateague Island National Seashore and copied to Supervisor Wanda Thornton.  In his email, Mr. Miner noted that the proposed fee was announced with such a short comment period that prevented the County Board of Supervisors from placing the matter on their agenda for consideration.  He noted that his email represented his comments on the proposed new fee in his official capacity as County Administrator and that the Board of Supervisors had not yet had an opportunity to take an official position.  He email requested that if there is to be an increase in the fee or an additional fee put in place that four steps be taken.

1.  All fees should be collected at the entrance.
2.  Fees on the North End and Southern end of the Island should be similar
3.  Fees collected to fund parking lot maintenance should be placed into a revolving fund that is limited exclusively to that use.
4.  The fee should not be levied daily on those who hold weekly or seasonal passes to Assateague but should be incorporated into the price of those passes.

Mayor Tarr briefed the Council on events that occurred during the Community Leaders briefing on Assateague that took place on March 12.  The outcome of that meeting extended the public comment period on the proposed new entrance fee by two days.

Mayor Tarr proposed to the Council that the official Town position on the proposed fee be sent immediately by letter to the Superintendent of the park and contain these provisions.

• The Town opposes the imposition of a new fee for admission to the parking lots at the beach.

• If a new fee is imposed, it must be administered to achieve these goals:

1.  Fee collection must be done in one place and that is logically the existing toll booths at the entrance to the refuge.

2. Fees collected must be used to repair and restore roads and parking lots on Assateague

3.     The Park Service must become proactive in planning improvements to roads and parking lots that include higher elevations

4.  Sustainable parking areas must be developed on Assateague.  Such land exists to the north of the current to the current parking lots.

The Council engaged in a detailed discussion of the proposed fee. Mayor Tarr said that his conversations with the Superintendent of the Park indicated that the later would welcome a letter from the Town containing the points he proposed.

Following a detailed discussion, the Town Council voted unanimously to embrace the Mayor’s suggestions for the content of the letter to go to the Superintendent of Assateague National Seashore.

Mayor & Council Announcements and Comments
Councilman Wolffe asked if the Council should consider creating a second community based committee to work with the Park service and Fish and Wildlife as another communications channel.  Mayor Tarr said that he would prefer to broaden the Town’s existing committee charged with that purpose.

Mayor Tarr said that he and others had attended a briefing on non-motorized, alternative transportation systems for Assateague.   The discussion was mostly about enhancing bicycling facilities on the Island.  During the briefing Town officials received both guidance and encouragement regarding available grants to help plan and implement bike trails and improvements to roads to make cycling more safe.

Councilwoman Conklin said that she felt the Assateague needed safer bike paths to the beach.  The Mayor said that the Park Service is working on this now. Councilman Howard agreed and said that throughout Chincoteague safety for cyclists was a major concern.

Vice Mayor Speidel reported that the Budget and Personnel Committee will meet next Wednesday at 5 p.m. and that the Recreation and Community Enhancement Committee will meet on Saturday at 10 a.m. to walk the land north of Hallie Whealton Smith Drive to inspect the site as a possible location for the expansion of the existing nature trail.

Councilwoman Richardson said that it would benefit the Town if the County Board of Supervisors would vote to include the County in the State’s scenic by-ways program.

Mayor Tarr reported that the emergency management seminar completed recently was an informative exercise that engaged Accomac and Northampton counties, Chincoteague volunteer emergency services, Town staff and others in the simulation of a category three hurricane making land fall on the coast.  He said that an evaluation of the response during the seminar would be available within thirty days. He also commented that a category three hurricane would hit the town extremely hard.

The meeting adjourned at 8:45 p.m.

Notes by 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.

March 5, 2007 Town Council Meeting

The March, 2007 Town Council Meeting covered these topics: committee reports, Personnel Handbook change regarding unused vacation time, bids to repair the roof on the ground level water storage tank, nomination to fill the vacancy on the Planning Commission, bids for the lease of the Town dock at Robert Reed Park and comments by the Mayor and Council members.

The meeting agenda, backup material and detailed committee reports may be found at:
Agenda Materials

Audio of the meeting is located at:
Audio of Meeting

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

Chincoteague Planning Commission: Ray Rosenberger, Chairman, Commissioner Robert Behr

Staff members: Town Manager Robert Ritter, Town Attorney John Paulson, Police Captain Mills, and Director of Public Works Michael Cosby

Approximately twenty citizens attended the meeting.

The meeting began at 7:30 p.m.

Public Participation

Robert Behr, president of the Chincoteague Cultural Alliance addressed the Mayor and Town Council regarding a funding opportunity for the Town.  He advised that the Virginia Commission on the Arts offers a one-to-one match grant up to $5,000 to support various types of arts activities in Chincoteague.  He said that the grant application was due on April 2 and offered to write the grant for the Town.  The Mayor and Council agreed to put this matter on the March 15 agenda for consideration and asked Mr. Behr to return at that time to make a presentation and answer questions. 

Michael Meyers spoke to the Mayor and Council about the $3 beach parking fee currently proposed by the U.S. Park Service.  He asked if the Council had or would take a position on the fee.  He asked the Council to consider several points in regard to the proposed fee: 

1)  At peak season cars wait in line to gain entry to the beach but once admitted to the park they often find it difficult to locate the few available parking spaces.  How will the Park Service cope with people who pay $3 and then cannot find a place to park?  Would they get a refund?

2) Would week-long pass holders receive preferential treatment over a day-long pass? 

3)  What about people who just want to walk on the beach for an hour?  They will not park all day.  Why charge them the $3 fee? 

He concluded his remarks by saying that the proposed $3 fee would diminish the quality of life for residents.  Various Council members added to Mr. Meyer’s questions by asking if the Park Service would charge the parking fee those who have National Park Service Passes, or Duck Stamps.  Mr. Meyers’ comments were the subject of a lengthy and detailed discussion toward the end of this Council meeting.

Willis Dize, President of the Chincoteague Fire Department asked the Town Council to include two additional emergency service personnel slots in the 2008 budget.  Mr. Dize said that the Fire Company currently has only two emergency service personnel.  The Fire Company has experience difficultly in responding to all emergency calls due to the lack of a sufficient number of trained personnel.  Units from the mainland, especially Wallops Island, have been responding to calls on Chincoteague when required.  To date there has been no compromise in patient care and no loss of life because of the lack of personnel.  Mr. Dize said that the purpose of this request was not to eliminate volunteer positions but to compliment the structure already in place.

Recreation and Convention Center Authority Report
Councilwoman Nancy Conklin reported on the January 15, 2007 meeting of the Recreation and Convention Center Authority. Highlights of the report include these items:

•    Problems with the center’s HVAC system have been linked to a malfunctioning automation system.  Parts are being procured.  During the next meeting of the Authority representatives of Trane will be present to answer questions about the Center’s climate control system.
•    The Debby Boone Christmas Show lost money.  The Gatlin Brothers are being considered as performers for the 2007 Christmas show.
•    On March 17 the Center will offer a free Celtic Concert in the Green show.
•    The Authority confirmed cancellation of the Mardi Gras event for this year.
•    The Authority expressed its gratitude to Supervisor Wanda Thornton for her help in resolving the issues surrounding the increased septic capacity required for the kitchen expansion at the Center.

Safety Advisory and Transportation Committee Report
Mayor Tarr reported on the February 1, 20007 meeting of the Safety and Transportation Committee.  Highlights of the report include these items:

•    The Town received $16,008.03 in relief money for storm cleanup and payroll reimbursement for employee overtime related to tropical depression Ernesto.
•    On March 14 at 9:00 a.m. at the Chincoteague Center a training exercise will be conducted using the scenario of a hurricane making a land fall locally followed by a fourteen-day recovery period.

Recreation and Community Enhancement Committee Report
Vice Mayor Anita Speidel reported on the February 8, 2007 meeting of the Recreation and Community Enhancement Committee.  Highlights of the report include these items:

•    The committee discussed helping Chincoteague High School rehabilitate its track.  Vice Mayor Anita Speidel and Town Manager Robert Ritter discussed the possibility of soliciting donations for the surface material and using the Town’s equipment to rebuild the track.
•    Town Manager Ritter reported that upgraded playground equipment is needed at Veteran’s Memorial Park.  He stated that approximately $30,000 could be placed in the FY 2008 Town budget toward the cost of the equipment
•    Vice Mayor Anita Speidel asked Mr. Ritter to contact the Army Corps of Engineers regarding extending the Island Nature Trail across Hallie Whealton Smith Drive.
•    Mr. Taylor recommended that a floating dock be placed at the proposed Kayak Park located on the property across from the high school.  Mr. Ross recommended that parking be considered before a dock is placed there.  This matter will be on the agenda of the next committee meeting.

Public Works Committee Report
Councilman Glenn Wolffe reported on the February 13, 2007 meeting of the Public Works Committee.
Highlights of the report include these items:

•    The water account for American Bridge construction trailers will be treated as a non-profit account.
•    The Town received $16,008.03 in relief money for storm cleanup and payroll reimbursement for employee overtime related to tropical depression Ernesto.
•    The Committee will recommend to the Town Council that Utility Service Co, Inc. of Perry Georgia be contracted to repair the roof on the ground level water storage tank at a cost of $241,000.  Three bids were received for the project ranging from a low of $241,000 to a high bid of $389,000.  The engineer’s estimate of the project cost was $206,000.

The next meeting of the committee is scheduled for Tuesday, March 13, 2007 at 5:30 p.m.

Budget and Personnel Committee Report
Councilwoman Nancy Conklin reported on the February 20, 2007 meeting of the Budget and Personnel Committee.  Highlights of the report include these items:

•    Public Participation
    o    Ray Rosenberger, Chair of the Planning Commission, said that the Town needs to explore a better health insurance plan for its employees.  He suggested that this component of the Town’s employee benefits package should become at least competitive, if not better than, that offered to employees of county and state governments
    o    Mr. Robert Behr, Director of the Oyster Museum, advised the Committee that he had sent a letter to the Town asking for renewal of the Town’s funding support for the museum.  He also mentioned that a one-to-one matching grant not to exceed $5,000 is available for the Town from the Virginia Commission of the Arts.  He offered to write the grant for the Town. The matter was placed on the March meeting agenda.

•    The committee approved the following amendment to Section 302 of the Employee Handbook.  “Vacation time in excess of 240 hours shall be paid at the rate the employee is currently compensated if the Town Manager believes it could not be avoided; if not, vacation time will be lost if not take by December 31 of each year.  To be made retroactive as of December of 2006.”
•    Town Manager Robert Ritter presented a 10-year Capital Investment Plan to the Committee.

Change to the Personnel Handbook
The Town Council adopted the proposed change to the Personnel Handbook as described in the Budget and Personnel Committee report shown above.

Bids on Roof Repair on the Ground Level Water Storage Tank
The Town Council voted to award a $241,000 contract to Utility Service Co, Inc. of Perry to repair the roof on the ground level water storage tank as described in the Public Works Committee report shown above.

Nomination to fill the vacancy on the Planning Commission
Four names were offered in nomination to fill the vacancy on the Planning Commission.  On a vote of four to two, Charles Ward was elected as a member of the Planning Commission.  Mr. Ward’s term will expire on December 31, 2008.

Bids for the lease of the Town dock at Robert Reed Park
The Town Council voted to award a $12,430.62 contract to Chincoteague Fisheries, Inc. to lease the 168 foot waterfront mooring frontage at Robert Reed Park.  This contract came about because the Town Council did not accept a sole and low bid on the lease when the offer was originally made.  The lease was offered for bid again with a minimum bid price stipulation.  The award exceeded the minimum bid stipulation.

Mayor and Council Announcements and Comments
Councilwoman Conklin advised the Council that the next meeting of the Budget and Personnel Committee would be held at 5:00 p.m. on March 20.  The time change was made to accommodate the re-dedication ceremony for Chincoteague Combined School.

Councilwoman Richardson advised the Council of the work of the Accomack county Housing Redevelopment Corporation.  She said that they had completed a retreat to establish strategic goals for the corporation.  Further more the corporation’s project known as Accomack Manor would soon be completed and provide ninety-two two-bedroom apartments and seven-eight one-bedroom apartments for low income people fifty-five years older and older.

Councilman Howard requested that the Budget and Personnel Committee add to the agenda for its next meeting consideration of a budget allocation to support the work of the Cemetery Committee.  Mr. Howard also announced that the next meeting of the Harbor Committee would take place on March 14 at 7:30 p.m.

Mayor Tarr asked the Budget and Personnel committee to add two items to the agenda for its next meeting. 
1) Establishing a permanent spring clean up week or month for the Island to begin this year.
2) Developing a long term program to promote screening of unsightly areas on the Island.

The Council, Mayor and Town Attorney engaged in a discussion of how best to respond to the U.S. Park service proposed to impose a $3 parking fee at Assateague Beach.   

Mayor Tarr explained the complexity of the issue in detail.  Income from the proposed fee would replace the emergency funds that have been used to restore the parking lots after storms.  Senior officials in the Park Service will no long permit this funding and require that restoration of the parking lots be done using maintenance fees.  The Council expressed unanimous opposition to the proposed fee. However, they worried that if the fee would be blocked and the parking lots were damage or destroyed by a storm that without money to repair them, parking could be reduced or eliminated completely.  Mayor Tarr reported the he and Mr. Ritter will attend a briefing on March 8 during which time the Park Service will present transportation system alternatives for access to the beach.

The Council attempted to add an item to their agenda for the current meeting that would authorize the Mayor and Vice Mayor to convey the official Town position on the fee to the Park Service after meetings on March 8 on Assateague and March 12 in Washington, D.C.  However, the effort failed to establish the unanimous vote required to make an addition to an approved agenda.  Mr. Ross said in explanation of his nay vote that he did not think the procedure was proper.  He objected to amending an agenda from the floor although he supported the action that would be taken under the new agenda item.  Mr. Ritter and Mayor Tarr will attempt to persuade the Park Service to allow the Town to state its official position on March 16, the day after the next Council meeting.  This date would be two days following the March 14 deadline for public comment on the proposed fee.

Town Attorney Mr. Paulson announced that Judge Tower has reappointed Mr. Cherrix to another term on the BZA.

The meeting adjourned at 8:30 p.m.

Notes by 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.

February 5, 2007 Town Council Meeting

The February 5, 2007 Town Council Meeting covered these topics: Report of the Cemetery Committee, property deed of gift to the Library, report on the Accomack County Board of Supervisors, nomination to fill vacancy on the Planning Commission, date for joint public workshop on the draft Comprehensive Land Use Plan and announcements and comments from the Mayor and Council members.

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

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

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

Chincoteague Planning Commission: Ray Rosenberger, Chairman, Jane Wolffe

Staff members:  Town Manager Robert Ritter, Town Attorney John Paulson, Chief of Police Edward Lewis, and Director of Public Works Michael Cosby

Approximately twelve citizens attended the meeting.

The meeting began at 7:30 p.m.

Public Participation
Silva Parks rose to identify herself as the field representative of Congresswoman Thelma Drake.  Ms. Parks works out of Accomac and told the Council that Congresswoman Drake was interested in Chincoteague and is available to help.

Mike Hanforth, representing the Sport Fisherman Association (SFA), requested that the Town Council send a letter to the Virginia Marine Resources Commission (VMRC) supporting the Sport Fisherman Association’s position on flounder regulations for the coming season.  VMRC is considering four options of regulations that include length of fish, number of fish and number of days the season will be closed.  SFA supports a regulation that would impose a minimum length of 18 ½ inches, a three fish limit and no season closure.  The Town Council agreed to send a letter of support for this position to VMRC in time for the February 27 meeting when this issue will be next considered.

The text of the four options for flounder regulation can be read at this link:

Proposed VMRC Founder Regulations 2007

Cemetery Committee Report
Councilman Howard reported on the January 18, 2007 meeting of the Committee.   Details of the report can be found under the Cemetery Committee Category on the left sidebar of Chincoteague Reports.  Click on this link to read the report:

Cemetery Committee Report Text

Library Property Deed of Gift
Mayor Tarr presented to Linda Ryan, President of the Chincoteague Library Board, a Deed of Gift marking the transfer of land adjacent to the existing Library to be used in the Library expansion project.  President Ryan reported that fundraising for the project had brought in over $200,000 and that was about 40% of the amount needed to full fund the expansion project.  The Library seeks to break ground on the new building during the fall of 2008.

Mayor Tarr asked that the Budget and Personnel Committee add to their agenda consideration of the Town making a donation to the Library project in the 2008 budget.

Councilman Howard asked that the Budget and Personnel Committee add to their agenda consideration of the Town making a donation to the Cemetery Committee.

Accomack County Board of Supervisors Update
Supervisors Wanda Thornton reported on activities of the Board of Supervisors, the legislative session in Richmond and matters of interest at the federal level. 

Virginia Legislature.  Much of her report focused on the status of bills now before the legislature.  These included bills addressing electric power generation and utility rates, redirection of funding for police departments into transportation funds, tax relief for low income citizens, a proposal to assess a state tipping fee on towns depositing municipal garbage into county landfills.  She also noted that the Governor’s allowance of $1.2 million to bring broadband communications capacity to the Eastern Shore had been cut in legislative committee.  Work is underway to restore these funds.

Ms. Thornton also requested that the Town Council give consideration to defining the Enterprise Zone within the Town.  In order to be part of the next round of Enterprise Zone review by the County, the Town must complete its input by the fall of 2007.

Federal Issues.  Ms. Thornton reported that President Bush’s budget had cut all funding of shallow water dredging projects.  That means that all Eastern Shore dredging project would be cancelled.  This including dredging for Curtis Meritt Harbor, Chincoteague Channel and Chincoteague Inlet as well as the entire Inland Waterway through Virginia.  She asked the Town Council to update previously developed economic impact data about the commercial and sport fishing industries.  She will use these data along with similar county data to make a case before federal representatives for restoration of the dredging funds.

County Issues.  Ms. Thornton’s remarks focused primarily upon concerns about groundwater and the current reassessment of real estate.  She advised that the U.S. Geological Survey has undertaken a study about groundwater on the Eastern Shore.  This study will attempt to identify the location of the aquifer spine and how much water is available for us.  She expressed concern about the manner in which DEQ issues water use permits.  All water uses who consume more than 300,000 gallons of water per year are required to get withdrawal permits from DEQ.  The agency exercises very little scrutiny over permit applications submitted by farms but a lot of oversight on permit applications submitted by incorporated towns.  No permit is required of NASA/Wallops Flight Facility.  Permits are issued for a period of ten years.  DEQ has begun to require monitoring of how much water is actually used by the permitee.  At the end of the ten year permit life the authorized amount of water withdrawal may be reduced.

Reassessment of real estate in the County is ongoing.  The contractor has discovered and corrected many errors in current assessments.  Most of the errors identified on Chincoteague have caused overstatements of property values. These are being resolved in favor of the property owner as the properties are bought in line with contemporary fair market values of property.  How the actual tax bills will turn out is unknown.  That depends on how assessments turn out throughout the entire county.  Ms. Thornton expressed her concern that some large properties in the county had been subdivided but still received lower taxation rates as farm land.  She said she felt that this procedure was unfair.  If the property was available for development it should be taxed in full.  Only if property was put into agricultural or forest reservation should it receive any tax rate reduction.

Ms. Thornton concluded her remarks by advising the Town Council that she could request that the County Planning Department schedule a briefing on the Island about the County’s draft Comprehensive Plan.  She said that she and five or six Chincoteague residents had attended the briefing for Districts 2 and 3.  It was the consensus of the Town Council that a briefing on the County’s Draft Comprehensive Plan was not needed on Chincoteague.

Planning Commission Member Vacancy Nomination
Councilwoman Richardson requested that consideration of this agenda item be delayed until a meeting at which all council members were present.  This item was tabled until the February 15 meeting.  Councilman Ross said that in light of the large number of applicants for the position but only two letters stating interest and qualifications, it would be helpful to ask all persons interesting in serving on the Planning Commission to submit statements of interest and the purpose of for which the seek the seat.  He said that this would help the Council to select the best qualified candidate to fill the vacant seat.  Mayor Tarr agreed to send that request to all applicants.

Joint Public Workshop with Planning Commission on Draft Comprehensive Land Use Plan
Thursday February 22 at 7:30 p.m. Redman Johnston and Associates will lead a briefing session on Chincoteague’s DRAFT Comprehensive Plan.  The purpose of this session will be to update the citizens on the status of the draft and for the Town Council and Planning Commission to hear citizen input on the draft.  Mayor Tarr said that he has requested Redman/Johnston to provide overlay maps showing proposed changes in districts and proposed zoning maps.  Attorney Paulson said that following this briefing the Town Council should conduct a detailed review of the plan district by district to ascertain the consequences of enacting the draft.

Mayor & Council Announcements and Comments
Councilman Wolffe complimented the work of John Jester and Brian Rush in developing the Town’s emergency plan.

Councilwoman Richardson thanked the Public Works Department for installing the dedicatory plaque in Bloxom Park.  She drew attention to a recent item in the Beacon’s anonymous feedback column complaining about trash on the causeway.  She said that until two years ago the U.S. Coast Guard used to pick up trash on the causeway.  She said that a letter should be sent to the Coast Guard thanking them for this service and requesting that it be reinstated.

Mr. Paulson reported that work on updating the Town’s noise ordinance was nearly complete and that only two or three significant changes were necessary.

The public meeting adjourned at 8:50 p.m.

The Town Council reconvened in executive session to consider acquisition of property.

Notes by 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.

January 18, 2007 Town Council Meeting

The January 18 Town Council Meeting covered these topics: Council committee reports, auditors findings from the FY 06 audit, committee appointments, public hearings on the definition of “main use” and relocation fees and rates out of zoning ordinances, grant applications supporting the trolley service, zoning variance related to bridge construction, bids for the dock lease at Robert Reed Park and announcements and comments from the Mayor and Council members.

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

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

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

Chincoteague Planning Commission: Ray Rosenberger, Chairman, Robert Behr, Mollie Cherrix, Tom Derrickson, Ellen Richardson, Jane Wolffe

Staff members:  Town Manager Robert Ritter, Chief of Police Edward Lewis, Director of Public Works Michael Cosby and Building and Zoning Administrator Kenny Lewis
Approximately twelve citizens attended the meeting.

The meeting began at 7:30 p.m.

Public Participation

Two citizens rose to speak to the Council.  Their remarks were directed toward agenda Item # 9 – Public Hearing to amend the Zoning Ordinance definition of Main Use.  Mayor Tarr asked that all comments regarding the subject of the public hearing be held until the hearing opened.  The summary of these two citizens’ comments has been placed in the section of this report titled Public Hearing – Definition of Main Use.

Recreation & Convention Center Authority Report.  Councilwoman Nancy Conklin reported for the Committee.  During its November 20 the Committee approved advertising in wedding magazine and rejected the request of the History Tour Group to place a permanent sign and bench seating in front of the Center.  During the December 18 meeting, Center Director Therese Hamilton reported that the Debbie Boone show was a success and that the heating and air conditioning system had failed again.  The Authority has asked for a meeting with Trane to discuss the ongoing problems with the equipment and installation.  Ms. Conklin also reported that the February 17 Mardi Gras event had been canceled due to weak ticket sales.

Harbor Committee Report.  Councilman Howard reported on the January 10, 2007 meeting of the committee.  The Army Corps of Engineers has advised that dredging of the harbor will not occur until after next summer and may be delayed until late fall.  The Committee approved replacement of the breakwater at a location thirty feet farther away from shore in order to minimize the effect of silting in the harbor.  Mr. Howard and Mr. Ritter jointly presented the Committee’s recommendation regarding winter storage relief.  This recommendation provides a slip owner who is storing their boat in the winter to receive a credit if their boat slip is subleased.  The credit equals $1.17 per day for each day the slip is subleased for a boat less than thirty feet and $1.67 per day for each day the slip is subleased for 30 feet and greater.  This credit is equivalent to the daily lease rate of the slip.   The Town Council adopted this recommendation of the Harbor Committee.  It was further noted that all fees for the Harbor increase 2.5% each year.

Certificate of Recognition
The Mayor and Town Council presented the Police Department with a Certificate of Recognition for their fund raising activities that support families throughout the Chincoteague community Chief Lewis accepted the Certificate as presented by Mayor Tarr.

Audit Findings
David Hughes, who represented the audit firm that reviewed the Town’s fiscal operation, advised the council that:  1) the financial operations of the Town are in full compliance with all relevant laws, 2) their firm had issued an unqualified opinion on the financial statement of the Town., 3) there were no material findings made during the audit.  Mr. Hughes commended the Town staff for the quality and thoroughness of their work.

During the discussion that followed Mr. Hughes’ presentation, Councilman Wolffe asked if there had been any forecast of Town revenues.  Mr. Hughes said that was not part of the audit but that his firm routinely did that for clients as a consulting service.  Dr. Wolffe requested that the Budget and Personnel Committee examine the possibility of contracting for this service. 

Committee Reappointments/Nominations
Council acted on four reappointments/nominations.  Mayor Tarr opened consideration of each position with a call for nominations.  None were made and in each case the Council reappointed the current officer holder.  The reappointments made were:

William McComb – Chincoteague Recreation & Convention Center – four year term
Ernest Bowden – Curtis Merritt Harbor committee – two year term
Robert Tye – Building Code Board of Appeals – five year term
Steven Potts - Chincoteague Recreation & Convention Center – four year term

Mayor Tarr noted that the term of Robert Cherrix on the Zoning Board of Appeals (BZA) had expired.  Appointments to the BZA are made by a Judge.  The Town Attorney has been instructed to write to the Judge and request action on this expired term.

Mayor Tarr announced that Ray Daisey had resigned from the Planning Commission.  Mr. Daisey has moved off the Island.   The vacancy on the Planning Commission will be advertised in the newspaper and filled as soon as possible.

Public Hearing – Definition of Main Use
Mayor Tarr and Chairman Rosenberger opened a joint public hearing of the Town Council and the Planning Commission to consider an amendment to the Zoning Ordinance that would change the definition of “main use.”   The proposed change came about because the Virginia Marine Resources Commission (VMRC) has recently increased the size limitations of structures that may be built on the end of piers.  The proposed amendment would hold the size of such structures on Chincoteague to current limitations and make clear how such structures are classified within the zoning ordinances.  The hearings opened with public comment on the proposed amendment from five citizens.

Barbara Thackray raised questions about the appearance of the structures.  She asked how such buildings would alter the view of the Island from the causeway.  She asked if the proposed amendment also authorized the placement of sewage outfall pipes under a pier.  She raised concerns about the style of structures, their color and the materials used in construction.  She also asked if any consideration had been given to restrictions on the lighting used on and around such structures.

Robert Watson, Sr. spoke in opposition to boat houses on docks.  He felt that the waterfront should be open.  He was concerned that people might actually put houses on the end of their docks.

Richard Conklin spoke in favor of the amendment but said he thought the language about piers and open side structures was confusing.

Bill McComb spoke in opposition to the amendment.  He felt that it was a matter of private property rights that a property owner should be able to build what ever he or she wanted to build.  He argued that if property owners could put a gazebo in their backyards they should be able to do it on their piers.  A property owner owns the land and the view too.  He felt the amendment was an example of over regulation.

Debbie Thomas spoke about her concern over inadequate parking for piers.  She said that she felt that those who own piers should be required to own the land across the street.  If they do not, there is no place to park.

There being no further public comment, Mayor Tarr and Chairman Rosenberger closed the public hearing.  The Planning Commission unanimously adopted the proposed amendment and referred it to the Town Council.

A motion to adopt the proposed amendment was seconded and a lengthy discussion began. 

Councilman Ross spoke against the proposed amendment.  He said that in his opinion allowing new structures on the end of piers would violate the spirit of draft Comprehensive Land use Plan.  He said that the plan puts a great value on maintaining the views from Chincoteague and on enhancing the experience tourists have during their visit to the Island.  He cited Eastside Drive as an example of what could happen under the proposed amendment.  There he noted that many townhouses along the water front could have individual piers placed very close together and the proposed amendment would allow gazebos or boathouses on the end of each one.  That would effectively wall-in the waterfront.  Mr. Ross said that this is not a matter of private property rights but was a matter of community rights.   He also pointed out that currently there are on a few of these types of structures on the Island.  But the proposed amendment might entice a boom in such structures.  He believed the amendment was detrimental and unnecessary and the Council should not approve it. 

Councilman Wolffe asked if the proposed amendment represented a real change in policy regarding structures.  Mr. Lewis said that in the past he had approved boat houses and gazebos as accessory structures so long as they did not exceed 400 square feet. 

Mayor Tarr explained that the new VMRC regulations permit two open sided structures on the end of piers.  One structure is limited to 700 square feet and the second is limited to 400 square feet for a total potential structure size of 1,100 square feet on one pier.  The proposed amendment was necessary to prevent such large structure from being built on Chincoteague.   

Dr. Wolffe said that he saw the amendment as going back to what we had before as a policy before the VMRC change in regulations. Mayor Tarr said that the proposed amendment was, in fact, more restrictive than pervious Chincoteague policy because it put limits on the roof pitch and allowed only open sided structures.

At the conclusion of the discussion the Town Council adopted the proposed zoning amendment on a five to one majority with Councilman Ross voting against the motion.

The full text of the amendment may be found on page 13 of January Town Council agenda package located at this address:
Amendment Text

In summary the amendment limits structures on piers to one open sided structure no greater than 400 square feet, not taller than twelve feet and with a roof pitch not to exceed 2/12.

Public Hearing – Deleting Rates from Ordinances
Mayor Tarr and Chairman Rosenberger opened Town Council and the Planning Commission opened joint public hearings to consider an amendment to the Zoning Ordinance that would delete fees and rates from zoning ordinances and place these figures in other Town documents.

The hearings opened with an invitation for public comment.  No citizen rose to speak about the proposed amendment.  Mayor Tarr and Chairman Rosenberger closed the public hearing.  The Planning Commission unanimously adopted the proposed amendment and referred it to the Town Council.  Mayor Tarr explained that this proposed amendment would bring Chincoteague Zoning Ordinance in line with the way the County handles fees and rates.  Without discussion, the Town Council adopted the proposed amendment unanimously.

The full text of the amendment may be found on pages 16 - 20 of January Town Council agenda package located at this address:
Text of Amendment

Application for State Aid to Public Transportation
Mr. Jack Van Dame explained the FY 2008 Trolley Grant resolutions to the Council.  The grants provide both operating funds and capital funds to construct a 2,000 square foot, four-bay structure to house the trolleys.

The capital grant totals $125,000 and requires matching land and improves of $25,000.
The operating grant totals $75,450 and requires matching funds of $18,367.

The Council unanimously passed both authorizing resolutions.

Zoning Variance Regarding Bridge Construction
Council unanimously (Councilman Wolffe rescued himself from the vote) approved a zoning variance for the placement of a temporary sewage holding tank to support the two construction trailers to be used by American Bridge during the construction of the new bridge.  The trailers and holding tank will be placed on the property of the old elementary school.

Bids for Dock Lease at Reed Park
Mr. Cosby reported that the Town received one bid from Edgerton Fish Company in the amount of $6,012 for the lease of the dock at Robert Reed Park.  During 2006 the lease amount was $30,000.  It appears that the scallop fishing boats that used the facility so heavily last year will be fewer in number during 2007. 

Dr Wolffe suggested that the Town reject the bid and re-bid the lease with a minimum bid of $12,000 required.  The Council discussed this proposal and ultimately adopted it as their action on the dock lease.  The lease will be re-bid as soon as possible and the existing lessee will be asked to continue their lease on a month-to-month basis.

Mayor & Council Announcements and Comments
Councilman Howard announced that the paperwork for the new harbor masters office and restroom facility at Curtis Meritt Harbor would be complete by next week.

Councilman Wolffe renewed his concern that the trolley program would be financially viable over time.  However, he publicly commended Mr. Jack Van Dame for his extreme effort in operating the service.

Councilwoman Richardson made two requests.  She asked that Council be provided with an action list reporting on the status of approved activities. She said that there was a lot to keep track of and that she had difficult getting answers on the status of some projects.  Her second question related to the meeting cancellation policy.  She was concerned that insufficient notice was provided to committee members when meetings were canceled. Mr. Ritter explained that notice was sent out by email and three days notice was the standard.  Ms. Richardson requested that in the future the Town make phone calls to notify committee members when meetings were canceled.

The meeting adjourned at 9:25 p.m.

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.

January 2, 2007 Town Council Meeting

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

Chincoteague Planning Commission: Ray Rosenberger, Chairman

Staff members:  Town Manager Robert Ritter, Town Attorney, John Paulson, Chief of Police Edward Lewis, Director of Public Works Michael Cosby and Building and Zoning Administrator Kenny Lewis

Approximately ten citizens attended the meeting.

The meeting began at 7:32 p.m.

Public Works Committee Report
Councilman Glenn Wolffe gave a report of the December 12, 2006 meeting of the Public Works Committee.  During its meeting the committee reviewed the status of several public works projects and took two actions.  These actions waived the water usage rates for two non-profit organizations.  The Parks and Recreation Facility on School Street and the Eastern Shore Agency on Aging and Community Action on Church Street were granted a waiver of water usage rates for up to 40,000 gallons of water. The action was taken unanimously with Councilman Wolffe abstaining.

Ordinance Committee Report
Councilman David Ross gave a report of the December 13, 2006 meeting of the Ordinance Committee

The Council adopted the Committee’s recommendation to revised Chapter 13, Article II, Division 2, Permit Fees of the Town Code.  A follow up action occurred to set January 18, 2007 as the date for a public hearing on this change. 

Budget & Personnel Committee
Councilwoman Nancy Conklin gave a report of the December 19, 2006 meeting of the Budget and Personnel Committee

The Council adopted the Committee’s recommendation that a part time position of Water Works Development Specialist be created.

The Council adopted the Committee’s recommendation that changes be made in the Mosquito control Job Descriptions.  The action provides a part time position of Mosquito Control Supervisor and changes to the job description of Mosquito Control Technician.  These changes do not cause any added expense to the Town.

Public Hearing Dates Set
The Town Council set January 18 as the date for two public hearings.  One hearing will address a proposed amendment to Section 2.96 of the Zoning Ordinance.  The proposal adds language to the definition of “Main Use.”

The second public hearing to be held on January 18 will be done as a joint session of Town Council and Planning Commission.  This hearing will address a proposed amendment to Sections 8.5.2, 11.1.3 and 12.1.1 through 12.1.7.  The proposed amendment would delete specific dollar amounts for various rates.  These amounts are currently published elsewhere by the Town. 

Results of Judging Christmas Decorations
Mayor Tarr announced the winners of the Christmas decoration competition:

Best Overall Appearance*
    Kevin Krome and Steve Potts

Most Illuminated*
    Nancy and Ray Rosenberger

Most Festive*
    Arlene Shreves

Most Creative*
    Sharon and Alfred “Dino” Johnson

Honorable Mention
    Stephanie and Chris Montross
    Ginger and Bill Birch

*The prize for each of these categories is a $100 U.S. Savings Bond

Announcements and Comments
Councilman Terry Howard noted that it was important to preserve the culture and history of the Town.  He reminded his colleagues and the audience of a long standing New Year’s Day tradition observed by many Chincoteaguers.  The tradition holds that it is unlucky for a home if a woman is the first visitor on New Year’s Day.  To ensure good luck during the New Year, a man should be the first visitor to a home on New Year’s Day.  Mr. Howard observed that the tradition was in place before he was born and the even as of the current New Year’s Day he had been called upon by neighbors to be the first visitor of the year.  Other Council members offered their remembrances of this tradition.

Councilman David Ross said that some traditions had been lost over time and that was probably a good thing.  He had recently been reading the history of Union Baptist Church and discovered that, in years past, people had been reprimanded for ice skating on Sunday.

Councilwoman Ellen Richardson asked the Council to consider the consequences of allowing poles to be placed in the public right-of-way.  She noted that the home owner was liable if an accident occurred that involved the poles.  She further stated her believe that the Town would also be liable for allowing such structures to be placed in the public right-of-way.  She provided the Mayor and Council members with photos of poles in the public right-of-way at the intersection of Church Street and Chicken City Road.   The Mayor asked the Public Works Committee to develop a list of such structures and bring that back to the full Council for discussion of how to deal with the issue.

The meeting adjourned at 8:05 p.m.

The audio record of this meeting is available at this link:
Audio of January 2 Town Council Meeting

The agenda and backup items total thirty-one pages and are available in PDF format at this link:
Agenda and Backup Material for January 2 Town Council Meeting

Summary by 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.

December 4, 2006 Town Council Meeting

The audio record of this meeting is available at this URL:
Audio of December 4 Town Council Meeting

The agenda and backup items total seventy pages and are available in PDF format at this URL:
Agenda and Backup Material for December 4 Meeting

Attendance
Mayor Jack Tarr and Town Council Members:  Nancy Conklin, Terry Howard, Ellen Richardson, David Ross, Anita Speidel, Dr. Glenn Wolffe
Chincoteague Planning Commission: Ray Rosenberger, Chairman
Staff members:  Town Manager Robert Ritter, Chief of Police Edward Lewis, Director of Public Works Michael Cosby and Town Attorney, John Paulson.

Approximately ten citizens attended the meeting.

The meeting began at 7:35 p.m.

Public Participation
Jessie Speidel raised concern about agenda item number 15:  Consider Hiring Springsted, Inc. to assist in Planner Search.  Mr. Speidel said that he did not believe that hiring Springsted was a wise thing to do with taxpayer’s money since the firm had not performed well in the search to fill the position of Town Manager.   Mr. Speidel said that in his job with the federal government he writes job descriptions.  He suggested that the Town change its hiring policies to allow a new employee to remain in a probationary status for one year rather than the current ninety days.  He also suggested that the Town may be writing job descriptions too tightly.  Perhaps some of the requirements of the job could be relaxed during the probationary period.  As an example he cited the practice of Accomack County Schools to hire uncertified teachers with the requirement that they achieve certification within a specified period of time. 

Public Hearing on Corner Lot Setback Regulations
Jim Demarco spoke in support of adopting the proposed changes to setback regulations for corner lots.

There being no further public comment on the proposed regulations the Mayor closed the public hearing and the Town Council adopted the following new wording for setback regulations pertaining to corner lots:  “The side yard setback abutting a street, road, right-of-way or easement shall be fifteen feet.”

Harbor Committee Report
Councilman Howard gave the following highlights of the Harbor Committee’s October 11 meeting:

• Repairs to the boat ramp have been completed

• Dredging of the harbor will begin in April and be completed by Memorial Day

• Staff is preparing to take the restroom and office project to bid

• Discussions about building a commercial dock at the harbor have begun.  Conceptual plans include adding slips at the end of the harbor.  The cost of constructing the slips using three bundled wooden pilings would range between $70,000 and $80,000.  The cost of constructing the slips using steel dolphins would range between $90,000 and $100,000.  Concerns have been raised about getting permits for the work because the slips would be so close to commercial clam beds.  The harbor is limited to 100 slips because of its septic system.  The proposed new slips could exceed that limit and cause more permitting issues due to additional septic system requirements.

Cemetery Committee Report
Councilman Howard reported on the October 24 meeting of the Cemetery Committee.  The meeting focused on Cemetery Clean Up Week and drafted a recommended proclamation for consideration of Town Council.  The clean up effort was centered on Reed Cemetery on Deep Hole Road. Mr. Howard reported that the work was completed successfully and that two citizens volunteered to assist the committee in their work.

Safety Advisory & Transportation Committee Report
Mayor Tarr reported on the November 2 meeting of the Safety Advisory & Transportation Committee.  Terry Potterton of the NASA Safety Office briefed the committee on the December 11 launch of the Minotaur Rocket.  FEMA reimbursement for damage sustained during the September storm Ernesto will be received directly by the Town and not through the County.  Mr. Brian Rush, Emergency Services Coordinator, explained that closure of the causeway is controlled by VDOT and that he had recently met with that agency to establish a plan for causeway closing.

Ordinance Committee Report
Councilman Ross reported on the November 8 meeting of the Ordinance Committee. Their meeting focused on rewriting the noise ordinance so that cases do not get tossed out of court.  Mr.  John Paulson, Town Attorney, provided a history of noise ordinance enforcement on Chincoteague.  After considerable discussion, consideration of the matter was postponed to allow Mr. Paulson time to meet with Judge Benson to discuss how best to word the noise ordinance in order to make enforcement more successful.

Recreation and Community Enhancement Committee Report
Vice Mayor Speidel reported on the November 9 meeting of the Recreation and Community Enhancement Committee.  The meeting focused on Chief Lewis’ proposal to experiment with a project designed to reduce or eliminate graffiti in the skate park located in Memorial Park.  The proposal is to place two 4 x 8 sheets of plywood adjacent to the skate park and encourage young people to use these as graffiti boards.  Restrictions on words and images would be applied to meet community standards.   The Committee recommended Chief Lewis’ proposal to the Council.  It was unanimously adopted.

Public Works Committee Report
Councilman Wolffe reported on the November 14 meeting of the Public Works Committee. All of the discussion during the Town Council meeting centered on the Committee’s recommendation to reinstate a water meter at 3570 Main Street.  This lot has two structures on it and at one time had two water meters.  After a lengthy discussion on how and why one water meter was taken out of service, the Town Council agreed to reinstate the water meter by waiving the availability fee of $3,600 and charging the connection fee of $550.

Planning Commission Report
Council Woman Richardson gave the report of the Planning Commission’s meetings held on October 24 and November 14.  The Town Council took a great deal of time to consider the recommendation of the Planning Commission regarding structures on docks.  Mr. Paulson provided extensive legal advice regarding the wording of the ordinances.  It was agreed that Mr. Paulson would offer final text for the changes during the first meeting of Town Council in January.  The specifics of the wording will include these features:

• No structure on a dock may be larger than 400 square feet, no taller than 12 feet and have a roof pitch greater than 2:12.

• No open sided structures are to be allowed

• Gazebo-like structures and boat shelters will be allowed.

Council will review the new language in January and take the item to public hearing.

New Position of Technology Specialist
The Council considered a new position of Information Technology Specialist as recommended by Town Manager Robert Ritter.  The position would have multiple responsibilities including, but not limited to, computer security, technology maintenance, data backup, systems analysis duties, operating system installation and maintenance, applications system installation and maintenance, GIS and other functions.  The proposed annual salary was $26,800.  The Council discussed the proposal and referred it to the Budget and Personnel Committee.

Water Works Development Specialist
Mike Cosby, Public Works Director, recommended the creation of a part time position of Water Works Development Specialist.  At present the Town has only one person on staff who is certified to oversee the operation of a public water works.  This new position would provide a qualified back up person who would also be a technical resource, provide training for the staff and reduce the reliance on outside contractors.  The annual budget amount would be $12,480.   Council discussed the proposal and referred it to the Budget and Personnel Committee.

Water Tank Contract for Engineering Services
Mike Cosby, Public Works Director, reported to Council that during the recent cleaning and painting of the Town’s water tanks it was discovered that the roof and rafters of the ground level tank were structurally damaged.  These must be replaced.  After considerable discussion about the merits of a domed aluminum roof versus a steel roof and whether it was best to bid the repair as a design-build project or to contract separately for engineering design services the Council decided to contract with Whitman, Requardt and Associates to do the engineering design of the new roof and rafter system at a fee of $25,500.  The cost of replacing the steel roof and rafter system has been estimated to range between $125,000 (without painting) to as much as $292,000.  No action was taken on contracting to replace the roof and rafter system.

Waste Water Study Contract
Robert Ritter, Town Manager, reported that fifteen engineering firms responded to the Town’s RFQ.  Four were interviewed and ranked in order of desirability.  Mr. Ritter recommended Waste Water Management as the best company and proposed that negotiations proceed with them.  Their proposal offers these services.

• Public Outreach: "...Framing the ongoing discussions with the public to convey the important message that what the Island has now is not what the Island should have in the future."

• Data Gathering:  "...develop an 'existing conditions' map and report of existing environmental quality on and adjacent to the Island."

• Preliminary Engineering:  "...investigate the various options for sewage collection, treatment and disposal of treated effluent."

• Budget and Financial Planning:  "...identifying various and creative ways for financing the project."

• Coordination with Regulatory Agencies:  No fewer than nine county, state and federal agencies will be engaged during the study.

The fee for the waste water study is $60,000.  This amount is in the current year’s Town Budget.    It is estimated that the work will require six to eight months to complete.

Banking Resolution
Vice Mayor Anita Speidel was added to all Town Bank Accounts

Hiring Springsted, Inc to Assist in Planner Search
The Town Council did not accept Town Manager Ritter’s proposal to hire Springsted, Inc.  He was advised to re-advertise the position without assistance from a placement firm.

Announcements and Comments
Mayor Tarr announced that he had met with the Army Corps of Engineers to discuss flood gates.  The Corps has a number of different types of programs that may work for Chincoteague.  The Corps will develop a scope of work statement for the Town on a 50/50 match arrangement.  The work is expected to begin in July and be completed in October.  This is a planning effort.  Construction funding would have to be secured in order to implement any proposed project.

Closed Session
The public meeting ended at approximately 10:15 p.m.  The Council entered a closed session to consider personnel matters and land acquisition.

Notes by 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.

November 6, 2006, Town Council Meeting

The audio recording of this meeting is available at this URL:
Audio Recording of Town Council Meeting

The agenda and backup items are available at this URL:
Town Council Agenda Packet

Attendance
Mayor Jack Tarr and Town Council Members:  Nancy Conklin, Terry Howard, Ellen Richardson, David Ross, Anita Speidel, Dr. Glenn Wolffe
Accomack County Board of Supervisors:  The Honorable Wanda Thornton
Chincoteague Planning Commission:  Ray Rosenberger, Chairman
Staff members:  Town Manager Robert Ritter, Chief of Police Lewis, Director of Public Works Michael Cosby and Town Attorney, Mr. John Paulson.

Approximately fifteen citizens attended the meeting

The meeting began at  7:30 p.m.

Public Participation
Lois Kelso Hunt requested that the Council include the subject of signs on the causeway in the development of the Town’s Comprehensive Land Use Plan.  She said that recent suggestions made by some Council member regarding directional signs should be taken into consideration. 

Delbert L. (cigar) Daisey asked the Council if they could tell him who owns Oak Drive,  Pine Drive and Cedar Drive.  He has lived for nineteen years along the road that connects these streets and finds that the original fifty foot right-of-way has been so diminished and that the road is in such poor repair that it is nearly impassable.  Mr. Daisey said that property owners had placed obstructions within the right-of-way. 

A lengthy discussion ensued about who owns the property and who has the responsibility for the roads.  Ms. Thornton responded that the Superintendent of Accomack County Public Schools had called her last week to advise that school buses would no longer travel these roads because their condition was so degraded that it jeopardized the safety of the vehicles.  Mr. Paulson suggested that the owners were probably the heirs of the Maddox family.  Mayor Tarr said that the Town’s policy was that private roads would be graded however there were no funds to covert private roads into public roads.

Councilwoman Richardson said that she had some while ago gotten 75% of the fifty-six property owners in Misty Meadows to agree to split the cost equally with the county to put their road into proper condition  At the time the cost was estimated to be $106,000.  The residents agreed to be taxed at the rate of $300 per year for three years to fund the construction costs.

Councilman Howard asked if Mr. Daisey would be willing to spearhead such an effort to pave the roads in question. 

Mr. Paulson said that the property owners’ association needs to take charge of the roads.

When Mr. Daisey concluded his remarks, Mayor Tarr said that the Town would determine who the legal owners of the property were and would advise Mr. Daisey of their findings.

Supervisor Wanda Thornton’s Update on the Accomack County Board of Supervisors
Reassements of Real Estate.  Ms. Thornton reported that she had spoken with Tri-County Appraisers in regard to the concerns many Chincoteague residents had about door hangers being placed on houses that did not respond when an appraiser arrived to assess the property.  Many thought that because so many houses are rental units that these door hangers would advertise that the houses were vacant and thereby invite theft or other criminal activities.  The appraisers have agreed to send letters to the property owners rather than hang notices on doors of houses where no one was home when the appraisers arrived.  She further stated that responding to the questionnaire that would accompany the letters was optional. 

Flood Gates.  The Army Corps of Engineers and representatives of FEMA are scheduled to meet with officials from several Eastern Shore towns on December 1 to talk about flood gates.    She recommended that the Town Council declare a “Special Meeting” if two or more Council members attend the meeting.  Virginia Law requires that whenever two or more members of a governing body attend a meeting, it must be declared to be a public meeting of that governing body.

Enterprise Zone. Supervisor Thornton advised the Town Council that it should undertake consideration of expanding the Town’s Enterprise Zone.  Tax incentives accrue to recreational properties, businesses and industries that rehabilitate a structure or launch a new business within an Enterprise Zone.  The process to define an Enterprise Zone takes six to eight months to complete and requires a public hearing. 

Wal-Mart.  The public hearing on the conditional use permit for the proposed Wal-Mart on Rt. 13 near Onley and Onancock will be held on November 16 at Metompkin Elementary School.  Ms. Thornton declared that she was 100% in favor of the proposed Wal-Mart.  The facility would add between 250 and 300 new jobs at levels from minimum wage employment all the way to that of pharmacist.  The design of the structure Wal-Mart would occupy was heavily influenced by urban planner Ed McMahon’s suggestions.  She has requested that the County conduct and conclude by the time of the public hearing an economic impact analysis of Wal-Mart on the County.  This analysis would include information about increases in personal property tax, real estate assessment and sales taxes.

Technical Advisory Committee.  Ms. Thornton recommended that Chincoteague have a representative on the Technical Advisory Committee.  This committee deals with transportation issues such as Star Transit and the Airport.  Chincoteague should consider appointing the Town Manager or Administrator of Buildings and Zoning to serve on the Committee.

Transportation.  Ms. Thornton and County Administrator Steven Minor met with the Virginia Secretary of Transportation to discuss road issues in the County.  To address the road repair priority list of the county will require $1 million per year during the next twenty years.  Mayor Tarr indicated that he believed the State would, in the near future, turn over road maintenance to local jurisdictions.  Ms. Thornton and Mayor Tarr agreed that such an action would be economically crippling to small jurisdictions like Accomack County.

Chincoteague Bridge.  Bids for construction of the new bridge will be opened on Thursday November 8.  The date was delayed for two weeks at the request of bidders.   VDOT’s current cost estimate for the project is $85 million.

Groundwater.  The Virginia Department of Environmental Quality has approved a permit for a farm east of Accomac to withdraw 150 million gallons of water per year from the aquifer.   The original request was 344 million gallons of water per year.  Ms. Thornton said while she was concerned about the growing number of high volume agricultural users of the aquifer, she was also concerned about NASA’s unregulated withdrawal of water from the aquifer.  NASA is not required to file a permit application and is not obliged to pay any water use fees.  This may be of great import to Chincoteague because the Town draws its water from wells on the NASA site.  If NASA overdraws from the aquifer, Chincoteague’s wells could dry up.

Dredging. The Army Corps of Engineers has stopped all small dredging projects on the Eastern Shore and is in the process of removing navigational markers.  Several years ago the Chincoteague Channel was dredged by the Corps.  It is time for the Town to begin collecting data on the economic impact of the seafood industry that relies upon an open channel.  She said that tonnage at the dock and other economic indicators needed to be gathered to make a case for the Corps to continue dredging the Chincoteague Channel.

Poverty Map.  Ms. Thornton provided to the Council a map of poverty distribution in Accomack County.  She said that the map was useful in determining County functions such as transportation.  She also said that the map revealed a significant amount of poverty on Chincoteague Island.

Proclamation for Cemetery Week
The Council unanimously adopted a resolution proclaiming Cemetery Week November 12 - 18.  Councilman Howard explained that this is the third year for this proclamation which helps draw attention and support for the maintenance of the cemeteries. 

Cancellation of the November 16 Town Council Meeting
The Council unanimously voted to cancel its meeting scheduled for November 16

Street Pavement Bid
Only one bid was received for paving Chincoteague Streets. The bidder, ITB, also won the 2004 contract.  Prices for base paving have increased by 25%.  Prices for surface paving have increased by 22%

The Council voted unanimously to award the paving contract to ITB.

Announcements and Comments by Council Members

Councilwoman Richardson.  The Planning Commission will meet on Tuesday November 14 to continue work on signs.

Councilman Ross.  The Ordinance Committee will meet on November 8 at 5:30 p.m. to consider a noise ordinance.

Councilman Howard.  The Harbor Committee meeting scheduled for November 8 is cancelled.  On November 18 beginning at 9 a.m. the Cemetery Committee will clean Reed Cemetery.  Mechanics and Daisey Cemeteries are cleaned three times each year.  The Chamber of Commerce cleans Greenwood Cemetery twice each year. 

Mayor Tarr – The Board of Zoning Appeals will meet on Thursday as scheduled.  There is one case to hear.  Council members and Supervisor Thornton are invited to participate in the Christmas parade.  Line up is at 6:30 p.m.  The Parade begins at 7:00 p.m.  Mayor Tarr urged everyone to vote on Tuesday.  He said that he would welcome the winners into office and then ask them to work on reform of election ads.

The meeting adjourned at approximately 8:40 p.m.

Notes by Barbara Thackray

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.

October 19, 2006 Town Council Meeting

The audio of this meeting is available at this URL:
Audio Archieve of Town Council Meetings

The agenda and backup items are available at this URL:
Agenda and Backup Materials for the Meeting

Attendance
Mayor Tarr and Town Council Members:  Howard, Conklin, Richardson, Ross, Speidel, Wolffe,
Supervisor Wanda Thornton, Chincoteague Representative the Accomack County Board of Supervisors
Ray Rosenberger, Chairman of the Chincoteague Planning Commission.
Staff members present included:  Town Manager Robert Ritter, Chief of Police Lewis, and Director of Public Works Michael Cosby. 
Bill Coulson of Tri-County Appraiser
Joe Labuda of Harris Computer Systems 
Approximately fifteen citizens attended the meeting

The meeting began at 7:30 p.m.

Presentation by Tri-County Appraisers 
Supervisor Wanda Thornton arranged for Mr. Bill Coulson of Tri-County Appraisers to speak to the Council and public on the current reassessment of real estate values that Accomack County has undertaken.  The County has hired Tri-County Appraisers to conduct the reassessment.  What follows are highlights from Mr. Coulson’s presentation and the question and answer exchanges among Mr. Coulson, The Mayor, Town Council members and the public.

Highlights of Mr. Coulson’s Remarks
1.  Virginia statutes require all counties to reassess property values at least every six years. 

2.  The purpose of the reassessment is to ensure that all real estate is assessed at 100% of market value.

3.  The techniques used to assess properties are intended to equalize property values.  This means that the same methodology to determine property values is used on similar properties within the same market.

4.  Reassessment is accomplished by verifying sales prices of real estate sales that closed within the past twelve months.  As the reassessment proceeds these data will be carried forward for an additional twelve months to develop a longitudinal valuation.  This helps to take into account changes in the real estate market. 

5.  When sales are examined, the appraisers discard “bad” sales in the data. Bad sales are considered to be forced as the result of some distress such as foreclosure, divorce, business failure and other factors.  Such sales are distressed sales and typically consummated at below fair market values. 

6.  Appraisers examine sales to understand who bought the property and for what purposes the property will be used.

7.  Sales will be categorized by features that enhance or diminish property value such as the presence of bulkheads, waterfront, out buildings, piers, marshland and such.  Sales will also be categorized by topographical information.

8.  Accomack County has been divided into twelve different markets for the purpose of the reassessment effort.

9. Within two weeks appraisers from Tri-County Appraisers will be on Chincoteague.  They will visit every house and business on the Island.  They will take digital pictures, measure the houses or building  dimensions, take note of property enhancements, topography, and out buildings.  If no one is home, the appraisers will leave a door hanger that contains a blue card requesting the property owner to report the details of the property to the appraisers.

10.  There are three avenues for disputing a real estate assessment.
    a.  Appeal directly to the appraiser
    b.  Appeal to the Board of Equity
    c.  Go to court

11.  The average assessed value of real estate on Chincoteague Island is 33% of fair market value.  The goal of the reassessment activity is to increase the average assessed value of real estate throughout the County to 100% of fair market value.  Some examples of the difference between assessed value and recent property sales on the Island are:

Location              Assessed Value    Closed Real Estate Transaction Sale Price
Accomack Street   $67,000                                    $180,000
Taylor Street         $66,000                                   $193,000
Ridge Road            $98,000                                    $255,000
Main Street           $258,000                                   $590,000

There are currently 220 properties for sale on Chincoteague Island.  Of these 50 properties are undeveloped land and 165 are houses for sale.

Question and Answers

Q:  Will future sales adjust assessed values?
A:  Yes.  Reassessment is based on CLOSED sales, NOT asking price

Q:  If an undeveloped lot is certified by the health department for septic, will this affect the assessment value?
A:  Yes.  In addition appraisals will examine soils maps to determine what contribution to value the soil type might make.

Q:  My bulkhead is thirty years old.  Will its value be depreciated?
A:  Yes.

Q:  Why is the reassessment being done at the peak of the real estate market?
A:  The timing of the reassessment is determined by state requirements and must happen every six years.  Taxes MAY go up.  However, tax revenue of a county may not increase by more than 1 % as a result of reassessment.  If it does increase more than 1% the county is required to hold public hearings to propose a tax increase.

Q:  If assessment goes up then the tax rate has to go down to ensure that the County does not get more than 1% more revenue.
A:  Yes.  A public hearing would be required if revenue rises by more than 1% as a result of reassessment.

Q:  What about rental properties and these door hangers, the blue cards?  People don’t live in these houses.  Those blue cards will advertise that the houses are vacant and this is a security risk.  What are you going to do about this?
A:  We have not thought about that.  We will have to work out something.

Comment by Supervisor Thornton:  This reassessment is being forced on Accomack County by the State.  The reassessment will cost County tax payers about $1 million.

Q:  Will the reassessment that drives property valuation from the current 33% of market value to 100% of market value be done in one step?
A:  Yes.  There will be no phase-in of the reassessed value.

Q:  How does the recent down zoning of 93% of the land in the County affect the outcome of the reassessment effort?
A:  The amount by which total property value will change is unknown.  This is something that we have to work through.  We cannot speculate on the effects.

Q:  If the general value of County properties has gone down and we know that Chincoteague property values have gone up a lot, doesn’t this mean that Chincoteague will bear a disproportionate amount of the allowed 1% of revenue increase?  That means property taxes on Chincoteague will increase much more than the rest of the county?
A:  We will value all property at 100% of market value.

Q:  You spoke about “equalization” in assessment.  What areas are used for equalization?
A:  The County has been divided into twelve market areas.  Equalization will occur only within each of these twelve market areas.

Q:  If the value of property in the County has gone up only a little or even gone down some and property values on Chincoteague have gone up by 67%, does this mean that the County can raise property taxes on Chincoteague a lot?
A:  An appraiser cannot answer that question except to point to the state prohibition against total county revenue increasing by more than 1% as a result of property reassessment.  Property taxation is in the hands of the County Board of Supervisors.

Q:  Marshland and bulkheads are common features on Chincoteague, but not on every property.  How are different areas assessed for such features?
A:  Every property has a value.  Marshland, piers, bulkheads, tidal marshes affect property values differently.  We look for closed sales of comparable properties.  When we do not find comparables, we have more work to do to arrive at the fair market value of a specific piece of property.

Q:  If property has increased by 30% in value in the County but by 70% on Chincoteague, will this be taken into consideration when taxes are computed?
A:  The appraisers will determine fair market property value.  The Board of Supervisors will determine real estate taxes.

Q:  What percentage of property sales in the County are on Chincoteague Island.
A:  About 15% of all property sales in the County are on Chincoteague Island.  The largest number of property sales in the County occurs in Captain’s Cove.  Sales there represent 35% of all property sales in Accomack County. 

Q:  How will real estate assessments change for Captain’s Cove?
A:  Within Captain’s Cove valuations differ based upon whether the property is waterfront, or adjacent to the golf course or an interior lot or whether it can be permitted for a septic system.  But currently property within Captain’s Cove is assessed at 30% of fair Market value.  The community closest to fair market value is Tangier Island where values are at 62% of fair market value.  Onancock is at 32% of fair market value.  Chincoteague is at 33% of fair market value.

Comment by Supervisor Thornton:  Since the down zoning of 93% of the land in the County, very little land is being sold.  In addition since wetlands are of nil value and appraisals are based on actual sales, there will likely be no growth in the assessment of farm land.  That means that the incorporated towns and people who own homes in the county are going to pay more in real estate taxes.

Q:  Do you value a farm as a farm or as its potential use as the result of subdivision?
A:  We are required to value a property at its highest and best use.  But if the land is used as a farm, it will be valued as a farm. 

Q:  So what effect does the down zoning have on property values?
A:  It’s a challenge to determine this.  All we can do is to rely upon comparable sales.  If no such sales exist, this gets very hard to do.

Mr. Coulson’s Comments on “Trending”

* 1980 County creates the Department of Assessments

* 1982 new assessments of real estate are completed

*1983 – 2003 no physical reassessment of real estate is done in the County.  Assessment is done by “trending.”  Periodically the County looked at sales and determined value.  Because physical reassessment is too expensive to accomplish each year, trending will be used in the the years following the current effort to maintain property values near fair market value.  Some type of schedule has to be developed to determine when physical reassessment is to be done.

*  2003 A complete reassessment was done of county real estate.  However, this effort returned property values that were only 70% of fair market value.  The State of Virginia requires counties to maintain its real estate assessments at 70% or greater of fair market value.  Because Accomack County was at the minimum of 70% of fair market value and the real estate market was increasing it was determined that a physical reassessment was necessary.

Q:  I own two acres of property on Chincoteague.  But, like much property here it is a mix of alternating pine ridges and  glades.  How do you determine the value of glades and marshlands?
A:  Topography is considered in the assessment process.  Those two acres would not be valued in the same way that two acres of buildable land would be.

Committee Reports
Recreation & Community Enhancement Committee – Vice Mayor Speidel reported on the September 13, 2006 meeting of the Committee.  She indicated that the scheduling of the Chincoteague Elementary School Gym was working well.  She also advised that the Committee is working on a revision to the Weed Ordinance of the Town and anticipates sending proposed new wording to the Ordinance Committee in the near future.

Chincoteague Convention Center Authority Report – Councilwoman Conklin reported on the September 24, 2006 meeting of the Authority.  Six citizens attended the meeting.  Some expressed concern that the Community Center was not doing enough to encourage tourism.  She further reported that the recent craft show had been a success and returned approximately $7,000 to the Center.  This infusion of funds has allowed the Center to pay off some bills that had been in arrears.   The interior of the building has been repainted, the moveable walls have been repaired, the septic system has been successfully upgraded to permit cooking on site, Verizon DSL has been installed, and new gravel has been added to the driveway.  The recent audit report was favorable for the Center.  Mayor Tarr expressed his thanks to Supervisor Thornton for her significant role in getting approval for the upgrade to the Center’s septic system.

Ordinance Committee – Councilman Ross reported on meetings of the Committee which occurred on September 13 and 18, 2006.  During these meetings the Committee adopted and sent to Town Council a new Flood Plain Ordinance.  Council adopted the new ordinance during its October 2, 2006 meeting.

Safety Advisory & Transportation Committee – Mayor Tarr reported that the October 5 meeting of the Committee focused on evaluating the Town’s performance during the storm event known as Ernesto.  The Mayor indicated that during the storm the Town made its first use of the reverse-911 system of the County to call citizens and advise of the closing of the causeway.  He said that the system worked, but that the public needed to be informed about what to expect and how to make use of it.  Other discussions of the Committee included training and planning for future storm events.

Software Purchase
Mr. Ritter reviewed the proposal to upgrade the Town’s computer system.  The agenda backup materials showed that two competing bids were received for a new computing system.  Harris Computer Systems bid $38,135 plus travel and lodging expenses.  Southern Software bid $49.142.80 plus travel and lodging expenses.  A motion was offered and seconded to accept the Harris proposal and instruct the Town Manager to execute all required contract documents.

Mr. Ritter provided the Town Council with answers to the questions raised during the Council’s October 2 meeting.  The topics of these questions were:  1) The exact components of the software package the Town would receive, 2) The services and costs of providing, 3) Annual maintenance costs, 4) Travel and lodging costs, 5) Additional training and 6) a comparison of the bid proposals. 

Mr. Joe Labuda of Harris Computer Systems addressed two questions at the beginning of his remarks.
1.  What are the advantages of awarding the bid to Harris Computer Systems?
Harris acquired the company and staff of the company who developed the software the Town currently uses.  Thus Harris has staff who know the software as well as the Town’s processes.  There is virtually no learning curve to work through with Harris.

2.  What about converting the data from the current system to the new system?
The staff of Harris created both the current software system and the new system.  We have detailed knowledge of how to move the data from one system to the other and are confident that we offer the most efficient cost effective option to achieve this successful migration of data.  The new system has the capacity to store all of the existing data and accommodate new data for the next ten to fifteen years.

Mr. Labuda answered many questions from Council about the details of the new system and costs.   Much attention was given to the value and cost of implementing eCommerce on the Town’s website.   Mr. Ritter expressed the hope that this feature of the software package would be implemented during the next two or three years.   Council also focused attention on training of staff on the new system.  Harris will provide 20 days of training for staff.

At the conclusion of the discussion the Town Council voted unanimously to award the software contract to Harris Computer Systems at a price of $38,135 plus travel and lodging costs.

Resolution for T-21 Grant Assistance for Property Acquisition
The Town Council unanimously passed a continuing Resolution for T-21 Grant Assistance for Property Acquisition.

Announcements and Comments
Councilwoman Richardson reported that the next meeting of the Planning Commission will occur on Tuesday October 24 at 7:00 p.m.

Councilman Ross asked Chief Lewis how complaints about barking dogs were handled and whether such complaints had recently increased.  Chief Lewis responded that the most recent citation of someone for a barking dog had not been well received by the Court.  Judge Philips had stated that “Dogs bark.  If the town doesn’t want dogs to bark, get rid of the dogs.”  The Judge told Lewis and all other law enforcement agencies of incorporated towns in the county to not bring barking dog cases into the court.  A discussion ensued about whether the issue was ineffective language in the Town’s noise ordinance or a lack of interest by the court in dealing with such cases.  The conclusion was that lack of interest was the issue.  Chief Lewis said he did not have a count of complaints about barking dogs, but he knew these had increase a great deal during the previous summer.  Mr. Ritter said that he and the Chief were working on an update of the Town’s noise ordinance and would soon present proposed revisions to the Ordinance Committee.  Mayor Tarr noted that Judge Philips had recently retired and that perhaps the Town should renew enforcement of the noise ordinance and find out if the court had experienced a change of attitude toward barking dogs.

Councilman Wolffe complimented Karen Hipple and the staff for the multi-year effort to plan the computer upgrade that was approved during the meeting.  He observed that her patience paid off in the selection of an affordable, appropriate and technologically up-to-date system for the Town.

Councilman Howard expressed concern about the condition of public roads after work had been completed to install a water line or other utility.  He observed that the patching done after the work had been completed created a rough road surface.  He asked if the Town could not purchase a compactor that would more effectively complete such repairs to the road surfaced.  Mayor Tarr agreed and Mr. Crosby said that he would investigate options.

The Meeting Adjourned at 9:00 p.m.   

Notes by 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.

October 2, 2006 Town Council Meeting

The audio of this meeting is available at this URL:
http://www.chincoteague-va.gov/municipal/meetings/minutes/council%20minutes/minutes.htm

Attendance
All Council Members were present with the exception of Nancy Conklin. 
Staff members present included:  Town Manager Robert Ritter, Chief Lewis, and Director of Public Works Michael Crosby.  Town Attorney John Paulson was present.
Approximately fifteen citizens attended the meeting

Public Participation
Dorothy Troxler spoke to the Council about two matters having to do with how some basic services are provided to tourists.  She requested that a sign be placed on southbound Main Street north of the intersection with Maddox Blvd to indicate that Maddox is the road to the beach.   She also called upon the Council to refurbish the municipal restroom facilities on Main Street near the drawbridge.  She said that the facilities seemed to be cleaned regularly but that the flooring tiles were worn out, the sink faucets did not work properly and other plumbing failures were present in the structure.

During the final portion of the public meeting Councilman Wolffe requested that when citizens come forward to bring public concerns before the Council that can be addressed immediately that some acknowledgement be made of Council’s commitment to do so. 

Mayor Tarr advised the Council that the staff was reviewing plans to expand the municipal restroom facilities to include showers that would service the town marina.  It was the Mayor’s thought that the items that need repair or refurbishing in the building should be included in this project.

Anthony Smith, who is a U.S. Marine, told the Council that he was stationed in Iraq during Pony Penning.  At that time he requested that a U.S. Flag flying over his unit headquarters be donated to the Town of Chincoteague.  He presented this wartime Flag to the Mayor.

Retirement of Jay Wesley Jefferies
At the leadership of Mayor Tarr the Town Council honored Jay Wesley Jefferies for his extraordinary service to the Town during the previous two years.  During that time Mr. Jefferies held both the job of Acting Town Manager and Director of Public works.  The Mayor spoke in detail about the quality of Mr. Jefferies’ work and that the Town moved forward rather than just getting by while Mr. Jefferies held both jobs.  Mayor Tarr presented Mr. Jefferies with the Key to the Town, a Plaque honoring his nobility and dedication and a Town Council Resolution formally recognizing his service.  The Mayor also presented Mr. Jefferies with a plaque praising Mr. Jefferies from the Virginia Water Board.

At this time and during the final portion of the meeting nearly all Council Members offered their thanks and respect to Mr. Jefferies for his work and wished him well in retirement.

Budget & Personnel Committee Report of August 8, 2006
Mayor Tarr asked Mr. Ritter to make the report of the Budget & Personnel Committee on behalf of the absent Chair, Ms. Conklin.  Mr. Ritter reported on two items

Recommendation to add a policy on Conflict of Interest to the Employee Handbook.   The Committee recommended that language be added to the Employee Handbook that would prohibit any employee of the Town from simultaneously serving as a member of the Town Council.  The Committee offered language to that effect.  A lengthy discussion ensued about the effect the proposed language might have in preventing an employee of the Town from running for office.  The consensus was that the Town should not and probably did not have the authority to prevent an employee from running for political office.  Town Attorney, Mr. Paulson offered alternative language to accomplish the Committee’s goal.  The language prohibits anyone from simultaneously being a compensated employee of the Town and serve as Mayor or member of the Town Council.   The Council unanimously approved Mr. Paulson’s suggested wording.

Cell Phone Reimbursement for EMS staff.  The Committee recommended that an allowance of $25 per month be given to the three EMS staff members for use of their personal cell phones in the conduct of Town Business.  Mr. Ritter explained that the EMS staff had returned their pagers to the Town in favor of using more efficient cell phones.  The Town would transfer the budget allocation for pagers over to the proposed $25 per month cell phone allowance.   Mr. Ritter further explained that a similar and currently budgeted arrangement was in place for Town police officers.  A discussion of the details of this matter revealed that the Town has no policies whatsoever regarding cell phone use or allocation for employees.  Councilman Wolffe asked that this matter be captured in a wider discussion aimed at creating appropriate policies and budget allocations for cell phones. 

Emergency Repair to Curtis Merritt Harbor Boat Ramp
Mr. Michael Crosby reported that the Town has received two bids to replace the boat ramp at Curtis Merritt Harbor.  Fisher Marine’s bid was $23,500.  BIC’s bid was $29,500.  The boat ramp suffered damage during July when an exceptionally low tide undercut the concrete.  During the storm Ernesto this damage increased.  The hole in the boat ramp is now approximately 10 feet by 6 feet and roughly 1 foot deep.  It is dangerous to use and must be repaired.  A discussion followed on the nature of the surface finish of the concrete and the desirability for a herringbone pattern to be present on the surface.  The Council voted unanimously to award the contract to repair the boat ramp to Fisher Marine.

Software Purchase
The Town’s current financial accounting software utilizes the outmoded Disk Operating System (DOS).  The Town has sought bids to upgrade its financial accounting system to a Windows based system.  Five bids were solicited.  Bids were received from Southern Software and Harris Corporation.  Because Harris Corporation is the maker of the current system used by the Town, a substantial discount was part of their bid.  Harris Corporation is apparently treating the bid as a software upgrade rather than an initial purchase.  The savings amounts to $21,000.   The all inclusive capital cost of the software package including the discount and data conversion, system installation, introduction of e-commerce on the Town’s website, and training of staff appears to be approximately $34,000.  But the exact figure was unclear to the Council.

Mr. Ritter reviewed the need and proposed software in great detail.  A lengthy and detailed discussion ensued about the thirty page bid proposal.  The Council expressed interest in proceeding but wanted answers to their questions about capital and ongoing operating costs.  It was agreed to table the proposal until the next Council meeting.  At that time Mr. Ritter said he would have answers to the Council’s questions and hoped to be able to arrange for a representative of Harris Corporation to attend the meeting and answer questions directly.

Mayor & Council Announcement or Comments
Many Council members, Mr. Ritter and Mr. Crosby expressed again their admiration for Mr. Jefferies and the excellent and dedicated service he gave to the Town during his Tenure.

Councilman Ross asked whether Mr. Ritter planned to continue the previous practice of including in each agenda package a listing of matters active and resolved.  He said that he had found this listing helpful in keeping the business of the Council on track.  He requested reinstatement of the practice.

Mr. Ross also asked about the status of replacing the missing Street sign for Pension Street at the intersection of Ocean Blvd.

Mr. Ross also requested that signs or pavement painting be done on the bicycle trail along Deep Hole Road from the intersection of Hallie Whealton Smith Blvd and toward Maddox Blvd.  He thought that bicyclists did not know that this wide pathway was actually a bicycle trail and not exclusively a sidewalk.  He felt that proper signage would get cyclists on the trail and off the road.

Councilman Wolffe, in addition to his comments regarding the status of the municipal restroom facilities, asked Mr. Paulson about the status of the effort to distinguish between an entry way to a development and a parking lot.  Councilman Wolffe asked how the language would treat, for example, a 200 or 300 foot long entry to a development.  Could such a road be considered a parking lot?  Mr. Paulson said that language had not yet been developed to make such a distinction.

Dr. Wolffe thanked the Mayor for making the arrangements for Redman/Johnston planning consultants to meet with the Town Council and Planning Commission to discuss the next steps in updating Chincoteague’s Comprehensive Land Use Plan and Zoning Ordinances.  Councilman Wolffe expressed his hope that the public would attend the meeting.  Mayor Tarr reminded Councilman Wolffe that the meeting was a work session for Council and the Planning Commission and there would be no opportunity for the public to speak.  Dr. Wolffe said he understood that but hoped that the public would attend to hear what the planners were proposing and to hear the exchange of ideas among members of the Council.  He further asked that the Beacon carry a notice of the meeting in this week’s paper and requested that Chincoteague Reports convey the announcement as well.

Councilwoman Richardson announced that the Planning Commission will meet Thursday October 5 at 7:30 p.m. to work on the issue of Signage.  She also invited Council and the public to the Oyster Museum Open house on Sunday at 1 p.m. on October 8.

Councilwoman Speidel requested that comparison of the two software bids be made in a clearer fashion so that Council’s review of the recommendation could be done more efficiently.

Councilman Howard announced that the Harbor Committee will meet at 7:30 pm on Wednesday October 11 and that the Cemetery Committee will meet at 5:30 p.m. on Tuesday October 24.

Mr. Ritter requested that all committee and commission meetings be held in Council Chambers so that audio of meetings can be available as a webscast and archived for future retrieval by the public.

Closed Session
Mayor Tarr called for a motion to adjourn the public meeting and enter into a closed session to review a personnel matter regarding the manager of the trolley system.

The public session concluded at approximately 8:45 p.m.

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.