REGULAR COUNCIL MEETING A G E N D A TOWN OF CHINCOTEAGUE October 1, 2012 - 7:00 P.M. - Council Chambers - Town Hall CALL TO ORDER INVOCATION BY COUNCILMAN T. HOWARD PLEDGE OF ALLEGIANCE OPEN FORUM / PUBLIC PARTICIPATION STAFF UP-DATE AGENDA ADDITIONS/DELETIONS AND ADOPTION: 1. Consider Adoption of the Minutes • Regular Council Meeting of September 4, 2012 (Page 2 of 39) • Council Joint Workshop with the Beach Access Committee of September 13, 2012 (Page 17 of 39) 2. Wastewater Advisory Committee Activity Report (Mr. Papadopoulos) 3. Public Works Committee Report of September 5, 2012 (Councilwoman Richardson) (Page 24 of 39) The following Action was forwarded by the Committee to the Council and may require a motion: • Street Sweeper Rehabilitation Proposal (Page 26 of 39) 4. Fall 2012 Paving Bids, Project Name: Contract 01-PAV-12(Mr. Spurlock) (Page 29 of 39) 5. Janitorial Services Bids, Project Name: Contract #JS-100112(Mr. Spurlock) (Page 30 of 39) 6. Ordinance Committee Report of September 6, 2012 (Councilman Howard) (Page 31 of 39) The following Action was forwarded by the Committee to the Council and may require a motion: • Adoption of Chapter 22, Article VI. Grass, Weeds and other Foreign Growth on Private Property (Page 34 of 39) 7. Recreation & Community Enhancement Com Report of September 5, 2012(Councilman Jester) (Page 38 of 39) 8. Mayor & Council Announcements or Comments (Note: Roberts Rules do not allow for discussion under comment period) ADJOURN: G:\R Ritter\Council Agenda\2012\10.01.12 Agenda Packet\REGULAR COUNCIL MEETING 10.01.12.doc MINUTES OF THE SEPTEMBER 4TH, 2012 CHINCOTEAGUE TOWN COUNCIL MEETING Council Members Present: John H. Tarr, Mayor J. Arthur Leonard, Vice Mayor Ellen W. Richardson, Councilwoman John N. Jester, Jr., Councilman Gene W. Taylor, Councilman Tripp Muth, Councilman Terry Howard, Councilman CALL TO ORDER Mayor Tarr called the meeting to order at 7:00 p.m. INVOCATION Councilman Howard offered the invocation. PLEDGE OF ALLEGIANCE Mayor Tarr led in the Pledge of Allegiance. OPEN FORUM/PUBLIC PARTICIPATION Mayor Tarr opened the floor for public participation. • Ms. Denise Bowden expressed her opposition to the donation requested for the Rural Health Dentistry Division. She feels that the Town has other needs to be met before giving out funds. She gave an example of the recent request for donations to the Cemetery Fund. She asked Council to consider the needs of the Chincoteague residents and use the money on the Island. • Mrs. Peggy Thomas mentioned the Chicken City Road, Ridge Road and Church Street intersection. She advised that the motorists are running the stop signs. She asked if VDOT could use the stop light from the old drawbridge there or put in a 4-way stop. Councilwoman Richardson advised that VDOT was going to do a study to see if it was necessary to install a light there. Mrs. Thomas also added that she agrees with Ms. Bowden regarding the donation to the Dentistry Division. Councilman Howard discussed the intersection. He doesn’t understand why they’re not stopping. Building and Zoning Administrator Lewis also advised there are major problems with everyone running the stop sign including bicyclists. He advised of several accidents and feels that Page 2 of 39 someone will die there if something isn’t done. He also added that vehicular speed is also a problem. There was further discussion. • Mr. Frank Theisen also commented on the dangers of the realigned intersection. He stated that as a trolley driver it’s a dangerous intersection. He suggested changing the stop signs to stop on Church Street. STAFF UPDATE Planning Department Town Planner Neville stated that the Planning Commission met on August 14th and reviewed two items that may be considered for an annual zoning ordinance update later next year. He advised that one was regarding mixed use buildings and the other was regarding parking requirements for wayside stands. He also mentioned rental cabins. Town Planner Neville discussed the Beach Access issue and reminded Council that Congressman Rigell will conduct a Town Hall meeting Friday. He advised that he included in the packet more information about the grants the Town has applied for. Police Department Chief Lewis advised that the monthly report has been included in the agenda packet. He also advised Mrs. Thomas that they have attempted to contact the Burton and the Amrien family for permission to set up on their properties for surveillance of the intersection. He stated that there have been many high speed tickets written over the summer. He also stated that there is a mutual aid agreement from the Accomack County Sheriffs’ Department. He advised that he already asked Town Attorney Poulson to review the document and was advised it was acceptable. Mayor Tarr requested that this be added to the agenda as item 5a. Chief Lewis also reminded Council that Saturday is the block party and 8th Annual Poker Run. He stated that the motorcycle ride starts at 1:00 p.m. and the block party begins at 5:00 p.m. Public Works Public Works Director Spurlock also advised that he included the monthly report in the agenda packet. He stated that the plane is scheduled to fly tomorrow morning for mosquito control, weather permitting. Councilman Howard asked for clarification regarding spraying. Public Works Director Spurlock stated that if it’s raining, they can’t spray as it wouldn’t do any good. He stated that if it’s blowing the spray dissipates and wouldn’t do any good. He explained the various types of mosquitoes. He also advised that he has been working with VDOT with the signals at the intersections of Maddox Boulevard and Deep Hole Road and also Maddox Boulevard and Chicken City Road. Page 3 of 39 Mr. Dean Orsino thanked the Public Works Department for their assistance in this issue. General Government Town Manager Ritter stated that the total EMS response was 107 which were 26 less than August of 2011. He advised that the new lights have been installed and working in the downtown area along with the shipyard bollards. He advised that they will be painted black in a few weeks. Town Manager Ritter also advised that Eastern Shore Communications is ready to begin the 8 week pilot project. He asked if there were any objections from Mayor or Council to be put on the list as part of the pilot project. He explained that it is basically a wireless system that will be faster than their DSL line and the pilot project will allow them to compare the two. Town Manager Ritter reported that there will be a workshop with the Beach Committee on September 13th, 2012 at 5:00 p.m. He stated that there will be a briefing on the baseline of the economic report. He also added that Mr. Martin Crim will meet with Council on the 27th at 5:00 p.m. Councilman Howard asked about the water revenue decrease. Town Manager Ritter didn’t have a reason why the water revenue is down. He stated that last year was a good year and it’s a possibility the economy is down a little. He also stated that the Town is still doing well overall. There was discussion as to the visitors during Labor Day weekend. AGENDA ADDITIONS/DELETIONS AND ADOPTION Councilman Howard motioned, seconded by Councilwoman Richardson to adopt the agenda adding item 5a, Mutual Agreement Between the Town of Chincoteague, Inc. and the Accomack County Sheriff’s Department . Unanimously approved. 1. Consider Adoption of the Minutes • Regular Council Meeting of August 6th, 2012 • Special Council Workshop of August 23rd, 2012 Councilwoman Richardson motioned, seconded by Councilman Jester to adopt the minutes of the Regular Council Meeting of August 6th, 2012 and the Special Council Workshop of August 23rd, 2012. Unanimously approved. 2. Public Hearing on Chapter 22, Article VI. Grass, Weeds and other Foreign Growth on Private Property Mayor Tarr asked if this was properly advertised. Town Manager Ritter advised it was properly advertised. Mayor Tarr opened the public hearing. He asked if staff reviewed the ordinance. Page 4 of 39 Town Manager Ritter explained to the public that this is a public hearing and the comments will be given to the Ordinance Committee. He added that there will be another opportunity for the public to comment at the first meeting in October. Town Manager Ritter explained that the reason this was brought to Council was because of several complaints this past year. He stated that the Town asked Delegate Lynwood Lewis to introduce an amendment to the State Code Section 15.2901 to allow Chincoteague to control cutting grass, weeds and other growth for developed properties. He also stated that this was presented to the General Assembly and was approved by the Governor on March 30th to go into effect July 1st. He advised that when this ordinance is adopted it can go into effect at that point in time. He also added that Building and Zoning Administrator Lewis will show some slides that will give the gist of the ordinance of Section 159, 160 and 161. He asked Planning and Zoning Administrator Lewis to explain the Power Point presentation of properties that could be potential problems for enforcement. Building and Zoning Administrator Lewis stated that the cemeteries are an issue because of ownership and who to contact for overgrowth. He continued to show pictures of different overgrown lots. He asked for direction from Council. He also asked about the area owned by VDOT. He asked if the Town would be able to maintain the right-of-ways to the 6 inch height.