Watchdog Citizens Keep up Pressure on Supervisors

By WAYNE CREED
Cape Charles Wave

January 19, 2015

With brisk winds, temperatures in the 30s, and ice forming outside, over 100 people nevertheless packed the Northampton County administration building January 13 for the first Board of Supervisors meeting of the new year. Many who came were anxious over the proposed countywide rezoning ordinance that has been the dominant issue for the past year.

During public comment time, civic activist Ken Dufty documented several Supreme Court cases where decisions by local government had been challenged, warning that “we don’t want to go there, but we will” unless the Supervisors back down on the proposed rezoning and come back to the table. Otherwise they will be on a “crash course with the double doors of the Commonwealth of Virginia’s Supreme Court,” Dufty emphasized.

Citizens for a Better Eastern Shore Director Donna Bozza added that Supervisors must reject the countywide rezoning proposal and that “public trust has been jeopardized. Reconsider for the good of the public.”

Former County Planning Commissioner Martina Coker criticized the proposal as a ‘”travesty that does not serve the citizens of the county.”

Newly appointed Chairman Rick Hubbard then addressed the audience, saying that the Board of Supervisors intended to finish the work left to do on the rezoning, that they had more information to gather, and after they compiled it and completed the process, they would open it up to the public for review. He reiterated that at present not even the Supervisors know what the rezoning will be or how it will look. He also stated that after completion, he would like to see two information sessions to gather information and recommendations before returning to the review process.

Another public comment came from David Boyd, who questioned the necessity of the PSA (Public Service Authority) sewer project for the Cheriton area of Route 13. Boyd said the entire project had been “hijacked by special interests” and that in the end, the only thing that would be accomplished would be alleviating the “boondoggle” that is the Cape Charles wastewater plant. [CLICK to read Boyd’s commentary in the Wave.]

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The Board approved by a 3-2 vote a special use permit for Kiptopeke Villas, a proposed three-unit rental development instead of the 12-unit motel requested earlier that was tabled following strong opposition from nearby residents. The most problematic issue regarding the three-family project was construction of a substantial drain field across the road. Supervisors Granville Hogg and Larry LeMond questioned why the drain field needed to be so large, and why it couldn’t be located on the same lot. Project agent Bill Parr explained that without the special use permit, it would be difficult to move forward with engineering (including getting VDOT blessing), and that keeping the drain field separate from the lots would provide more options for the developers if the proposed rezoning passes. Parr also observed that in light of previous discussion of the lack of affordable housing, the Kiptopeke Villas project was one way to address that issue. Larry Lemond, Larry Trala, and Oliver Bennett supported the special use permit, while Hogg and Hubbard voted no.

A public hearing was held on the sale of several county surplus properties to Eastville entrepreneur Eyre Baldwin, including the old Social Services Building, the Voter Registration building, the Thrift Store, and parking lot. Public comment favored the sale, noting that given the current status of retail in Eastville, it would be a win/win for the town and the county. Given Mr. Baldwin’s reputation for “fine work” such as the yacht center in Cape Charles, the general consensus was to move forward. But since the county would need to expand sewerage across the street to accommodate the new project, the issue was tabled until Baldwin could provide more information.

Discussion of proposed changes to the Board Members Manual became a volley of terse exchanges, as Supervisor Hogg questioned proposed changes that he felt undermined the authority and autonomy of the Board by naming County Administrator Katie Nunez as Parliamentarian as well as transferring other duties. Hogg said he was concerned this could restrict Supervisors’ access to information. Suggesting that this appeared to be a “power grab” by Nunez, he said, “I just want the public to know what’s going on here.” Hogg also was concerned that the Mission Statement gave too much power to Ms. Nunez, and that there should be a clear separation of powers. He went on to formally request that the County Attorney review the proposed changes and provide a written opinion as to whether they met legal muster.

Administrator Nunez’s bi-monthly report touched on issues with the County’s Rental Inspection Ordinance, sometimes referred to as the “slum landlord” ordinance. At stake was whether the Board should retain the ordinance, and if staff should even enforce it. Former Supervisor Spencer Murray made an impassioned plea not to kill the ordinance that protects those from a system that “preys on our poorest citizens. Improve it, but don’t kill it.” Murray also pleaded that “the answer is to get aggressive,” and to change the ordinance and limit the bureaucracy to allow for the closing of vacant properties.

Supervisor Hogg cautioned that enforcement of the ordinance might have unintended consequences; by closing down “slum landlord” properties, it could inadvertently create a homeless problem.

Administrator Nunez weighed in that rental housing is scarce, and even if the Accomack-Northampton Planning District Commission could help with a Community Development Block Grant application, without “a strong push from within the community,” it would be hard to get support from the state funding agency. Larry LeMond also voiced concern, stating that this is important — “we need to start somewhere. Let’s do it.”

Administrator Nunez’s report also brought before the Board the results of EMT Director Hollye Carpenter’s survey of her staff, and how it affects the current EMT volunteer policy. The report also mentioned the Accomack-Northampton Transportation District Commission request seeking a new public transit service to serve the lower portion of the county. This would be accomplished by more funding for STAR Transit. Supervisor Bennett requested that the board should explore this option, as “the lower end of this part of the county needs much more service.”

Other items of note were presentations by Planning and Zoning staff. Long range planner Peter Stith provided data and research from the county Geographic Information System department to address questions Mr. Hogg had relative to shoreline width requirements, and how they were handled in other areas such as the Minnesota lake districts and the western shore of Virginia. Mr. Stith provided a detailed analysis which should help Supervisors address definition issues (what is waterfront vs. working waterfront, etc.), as well as density per (river) mile, topography, sewer, and other issues. The Supervisors plan to address these issues, (including setback language clauses) in the next work session.

County staff also provided an in-depth look at the VDOT sign ordinance. To be addressed is whether to adopt VDOT’s sign ordinance (rigorous, but not enforced), or whether the county should continue with its own, more granular ordinance (providing more enforcement options).

A request by the Department of Parks and Recreation to charge a $5 entry fee for basketball games was approved. The fee would partially offset the cost of security (usually off-duty police officers) for the games. The Board also approved paying referees and umpires $25 per game instead of an hourly rate. Time and score keepers will earn $15 per game.

As noted above, Rick Hubbard was voted Board chairman, succeeding Larry LeMond. Oliver Bennett was named vice chairman.

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