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1 VIRGINIA: At a regular meeting of the Board of Supervisors of the County of Northampton, Virginia, held at the Board Room of the County Administration Building, 16404 Courthouse Road, Eastville, Virginia, on the 10th day of November, 2020, at 5:00 p.m. Present: Oliver H. Bennett, Chairman L. Dixon Leatherbury, Vice Chairman John Coker M. E. “Betsy” Mapp Dave Fauber (1.1) The meeting was called to order by the Chairman. (1.2) Adoption of the Agenda: Motion was made by Mr. Coker, seconded by Mr. Leatherbury, that the agenda be approved. All members were present and voted “yes.” The motion was unanimously passed. (2.0) Closed Session Motion was made by Mr. Leatherbury, seconded by Mr. Coker, that the Board enter Closed Session in accordance with Section 2.2-3711 of the Code of Virginia of 1950, as amended: (A) Paragraph 1: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees or employees of any public body. (A-NPDC, Recreation Board, Board of Appeals for the Building Inspector, E. S. Community Services Board) (B) Paragraph 3: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly held property.

(A)...2020/11/10  · (3.1) After Closed Session at 5:30 p.m., the Chairman reconvened the meeting and said that the Board had entered the closed session for those purposes as set

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VIRGINIA:

At a regular meeting of the Board of Supervisors of the County of Northampton,

Virginia, held at the Board Room of the County Administration Building, 16404 Courthouse

Road, Eastville, Virginia, on the 10th day of November, 2020, at 5:00 p.m.

Present:

Oliver H. Bennett, Chairman L. Dixon Leatherbury, Vice Chairman

John Coker M. E. “Betsy” Mapp

Dave Fauber

(1.1) The meeting was called to order by the Chairman.

(1.2) Adoption of the Agenda:

Motion was made by Mr. Coker, seconded by Mr. Leatherbury, that the agenda be

approved. All members were present and voted “yes.” The motion was unanimously passed.

(2.0) Closed Session

Motion was made by Mr. Leatherbury, seconded by Mr. Coker, that the Board enter

Closed Session in accordance with Section 2.2-3711 of the Code of Virginia of 1950, as

amended:

(A) Paragraph 1: Discussion or consideration of employment, assignment, appointment,

promotion, performance, demotion, salaries, disciplining, or resignation of specific public

officers, appointees or employees of any public body.

(A-NPDC, Recreation Board, Board of Appeals for the Building Inspector, E. S.

Community Services Board)

(B) Paragraph 3: Discussion or consideration of the condition, acquisition, or use of real

property for public purpose, or of the disposition of publicly held property.

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(C) Paragraph 5: Discussion concerning a prospective business or industry or the

expansion of an existing business or industry where no previous announcement has been

made of the business’ or industry’s interest in locating or expanding its facilities in the

community.

(D) Paragraph 7: Consultation with legal counsel and briefings by staff members,

consultants, or attorneys pertaining to actual or probable litigation, and consultation with

legal counsel employed or retained by the Board of Supervisors regarding specific legal

matters requiring the provision of legal advice by such counsel.

All members were present and voted “yes”. The motion was unanimously passed.

(3.1) After Closed Session at 5:30 p.m., the Chairman reconvened the meeting and said

that the Board had entered the closed session for those purposes as set out in paragraphs 1,3, 5,

and 7 of Section 2.1-3711 of the Code of Virginia of 1950, as amended. Upon being polled

individually, each Board member confirmed that these were the only matters of discussion

during the closed session.

The Chairman read the following statement:

It is the intent that all persons attending meetings of this Board, regardless of

disability shall have the opportunity to participate. Any person present that

requires any special assistance or accommodations, please let the Board know in

order that arrangements can be made.

(3.2) A Moment of Silence was observed.

(3.3) The Board recited the Pledge of Allegiance.

(4.0) Board & Agency Presentations

(4.1) Presentation of Resolution to Ralph Orzo, retiring Electoral Board member

By consensus vote, the following Resolution was adopted and presented to Mr. Ralph

Orzo. Said Resolution is set forth below:

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Resolution

WHEREAS, the Northampton County Board of Supervisors has identified public service,

and community leadership as critical components in defining excellence and in improving the

vision of Northampton County; and

WHEREAS, Mr. Ralph Orzo began public service to the citizens of Northampton County

as a member of the Electoral Board on March 1, 2012; and

WHEREAS, Mr. Orzo has dedicated himself to the citizens of Northampton County over

the past eight years and has unselfishly given of himself, his time, and his abilities; and

WHEREAS, his fellow co-workers, staff and the citizens of Northampton County do

recognize the enormous contributions, dedicated service, and devotion to duty made by Mr.

Ralph Orzo over the past eight years in improving the Quality of Life and the welfare of the

people of Northampton County.

NOW, THEREFORE, BE IT RESOLVED, this 10th

day of November, 2020, that we do

commend and convey our heartfelt appreciation to Mr. Ralph Orzo for his unselfish

contributions to the health, safety, and professional demeanor of Northampton County and do

further express our admiration for his selfless service and devotion to the citizens and taxpayers

of the County; and

BE IT FURTHER RESOLVED, that Mr. Ralph Orzo be afforded this small token of

appreciation for a Job Well Done so that future generations will recognize the outstanding

abilities, leadership, love, and devotion he gave to his family, citizens, and the County he has so

proudly served.

* * * * *

Mr. Orzo thanked the other members of the Electoral Board and the Voter Registration

staff.

(5.0) Consent Agenda:

(5.1) Minutes of the meetings of October 13 and 27, 2020

Mr. Bennett stated that during his comments on October 13, 2020, he had mistakenly

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said “Wardtown” instead of “Hare Valley”. Motion was made by Ms. Mapp, seconded by Mr.

Leatherbury, that the minutes be approved as corrected. All members were present and voted

“yes”. The motion was unanimously passed.

(6.0) County Officials’ Reports:

(6.1) Budget Amendments – John Chandler, Finance Director

There were no budget amendments.

(7.0) Public Hearings:

(7.1) Minor Special Use Permit 2020-07: Mark Marshall is applying for a minor special

use permit to construct an accessory dwelling on his property located on Nottingham Ridge

Lane. The property is zoned as A/RB (Agricultural/Rural Business) and is further described as

Tax Map 104-06-3A.

The Chairman called the public hearing to order and asked if there were any present

desiring to speak.

Mrs. Susan McGhee, Director of the Planning, Permitting & Enforcement Department,

indicated that the Planning Commission was recommending approval of this petition with one

condition:

(1) The building and accessory dwelling be constructed in accordance with Northampton

County Code Section 154.2.117 (Accessory Dwellings) and the size of the accessory

dwelling shall not exceed 50% of the gross heated floor area of the principal single-

family dwelling.

Mr. Mark Marshall, the applicant, said that he had purchased the property jointly with his

mother. She is 80 years old and has some health issues. He said that he is working with the

architect and builder and will conform to the accessory dwelling unit regulations.

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In response to a question from Supervisor Coker, Mr. Marshall said that the regulations

allow for a 100-ft. rear setback, but that the homes will be “pushed back” up on the natural ridge

that runs through the property, another 125 ft. from the original drawing.

There being no further speakers, the Chairman closed the public hearing.

Motion was made by Mr. Coker, seconded by Mr. Leatherbury that Minor Special Use

Permit 2020-07 be approved with one condition:

(1) The building and accessory dwelling be constructed in accordance with Northampton

County Code Section 154.2.117 (Accessory Dwellings) and the size of the accessory

dwelling shall not exceed 50% of the gross heated floor area of the principal single-

family dwelling.

All members were present and voted “yes.” The motion was unanimously passed.

(7.2) The Northampton County Board of Supervisors have applied to make

amendments to the Northampton County Subdivision Ordinance. These amendments include

adding references and requirements from Virginia State Code Section 15.2-2241 to Northampton

County Subdivision Ordinance Sections 156.008, 156.022, 156.023, and 156.082. The

amendment also includes adding references and requirements from VA Code Section 15.2-

2241.1 to Subdivision Ordinance Section 156.121 and creating Subdivision Ordinance Sections

156.124, 156.125, and 156.126 as authorized by VA Code Section 15.2-2242. Finally, the

amendment also includes creating Subdivision Ordinance Section 156.127 as authorized by VA

State Code Sections 15.2-2251, 15.2-2252, and 15.2-2253.

The Northampton County Subdivision Ordinance section titles are as follows:

1. 156.008 Flood Control, Floodplain, and Subdivision Suitability

2. 156.022 Fees

3. 156.023 Enforcement and Penalties

4. 156.082 Easements for Cable Television and Public Service Corporations

5. 156.121 Surety in lieu of Completion of On-site Improvements

6. 156.124 Exception to Strict Adherence

7. 156.125 Reasonable Provisions for the Voluntary Funding of Off-site Road

Improvements and Reimbursements of Advances by the Governing Body

8. 156.126 Disclosure and Remediation of Contamination and Other Adverse

Environmental Conditions of the Property Prior to Approval of Subdivision and

Development Plans

9. 156.127 Preparation and Filing of Subdivision Ordinances; Amendments Thereto

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The foregoing amendments are as follows:

§ 156.008 FLOOD CONTROL, FLOODPLAIN AND SUBDIVISION SUITABILITY In accordance with Va. Code § 15.2-2241, the provisions of which are incorporated herein, no plat of subdivision shall be approved unless and until provision has been made for adequate drainage. Any land use that will create a new floodplain, with resulting flood, water or sediment damage, is contrary to the public interest and is prohibited. § 156.022 FEES (A) The Board of Supervisors shall establish a schedule of fees and charges to examine and approve or disapprove every application reviewed under this chapter. Such schedule of fees and charges shall be posted in the office of the Planning Department and may be amended only by action of the Board of Supervisors. All applicable fees and charges shall be paid at the time the application is submitted. No application shall be considered complete, and no action shall be taken on any application until all applicable fees and charges have been paid.

(B) Such fees and charges as described in subparagraph A shall in no instance exceed an amount commensurate with the services rendered taking into consideration the time, skill and administrator's expense involved. All such charges heretofore made are hereby validated

§ 156.023 ENFORCEMENT AND PENALTIES This chapter shall be enforced, and violations penalized as follows:

(A) Any person, whether as principal, agent, employee, or otherwise who violates any provision of this chapter shall be subject to a fine of not more than $500 for each lot so divided, transferred, or sold. The description of the lot by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties or from the remedies herein provided.

(B) Any person convicted of violating the provisions of this chapter and the Zoning Ordinance relating to site development plan approval may be subject to the penalties provided in NCC § 154.999.

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(C) Notwithstanding the availability or imposition of any other penalty, the Board of Supervisors of Northampton County or the subdivision agent may institute any appropriate action or proceeding, at law or in equity, to prevent a violation or attempted violation, to restrain, correct, or abate a violation or attempted violation, or to prevent any act which would constitute a violation of this chapter.

(D) No permit shall be issued by any administrative officer of Northampton County for the construction of any building, structure, or improvement requiring a permit upon any land for which an approval pursuant to this chapter is required, unless and until the person seeking the permit complies with the requirements of this chapter.

(E) Failure by the Clerk of the Court to comply with § 156.012(E) shall invoke the penalty provisions of VA Code §§ 17.1-223 or 17.1-291, as made applicable pursuant to VA Code § 15.2-2254.

(F) Fees and charges for the administration and enforcement of the subdivision

ordinance shall in no instance exceed an amount commensurate with the services

rendered taking into consideration the time, skill and administrator's expense involved.

All such charges heretofore made are hereby validated.

§ 156.082 EASEMENTS FOR CABLE TELEVISION AND PUBLIC SERVICE CORPORATIONS (A) The subdivision agent, pursuant to Va. Code § 15.2-2241 may require a subdivider to convey, where appropriate, common or shared easements to franchised cable television operators furnishing cable television and public service corporations furnishing cable television, gas, telephone and electric service to the subdivision, as provided herein.

(B) The location of an easement required by division (A) of this section shall be adequate for use by franchised cable television operators and public service corporations which may be expected to occupy them.

(C) An easement required by division (A) of this section shall include the right of ingress and egress for installation, maintenance, operation, repair, and reconstruction of any improvement within the easement. The subdivision agent also may require that an easement be provided through land adjoining the property under common ownership.

(D) Any such easement shall be conveyed by reference on the record plat to a declaration of the terms and conditions of the common easements.

(E) For conveyance of common or shared easements to franchised cable television

operators furnishing cable television and public service corporations furnishing cable

television, gas, telephone and electric service to the proposed subdivision. Once a

developer conveys an easement that will permit electric, cable or telephone service to

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be furnished to a subdivision, the developer shall, within 30 days after written request by

a cable television operator or telephone service provider, grant an easement to that

cable television operator or telephone service provider for the purpose of providing

cable television and communications services to that subdivision, which easement shall

be geographically coextensive with the electric service easement, or if only a telephone

or cable service easement has been granted, then geographically coextensive with that

telephone or cable service easement; however, the developer and franchised cable

television operator or telephone service provider may mutually agree on an alternate

location for an easement. If the final subdivision plat is recorded and does not include

conveyance of a common or shared easement as provided herein, the agent designated

by the Board of Supervisors to review and act on submitted subdivision plats shall not

be responsible to enforce the requirements of this subdivision;

156.121 SURETY IN LIEU OF COMPLETION OF ON-SITE IMPROVEMENTS (A) Notwithstanding the provisions of § 156.120, pending actual completion of all on-site improvements, a record plat may be approved and recorded if the subdivider enters into a binding commitment with Northampton County to complete the construction of all improvements required by this chapter within a period of time agreed to by the parties, and furnishes to the subdivision agent a certified check, bond with surety satisfactory to Northampton County, or a letter of credit satisfactory to Northampton County, in an amount sufficient for and conditioned upon the construction of the improvements. (B) The form of the agreement and the type of surety guarantee shall be to the satisfaction of the subdivision agent and be approved by Northampton County Attorney. (C) The subdivider shall submit a request for a bond estimate to guarantee the installation and completion of said improvements to the subdivision agent, accompanied by a certified engineer's estimate for the construction of all improvements or two guaranteed bids for the same. (D) The subdivision agent shall determine the amount of the bond, or the letter of credit, after preparing or causing to be prepared a cost estimate of all improvements, based upon unit prices for new public or private sector construction in Northampton County, and a reasonable allowance for estimated administrative costs, including inspection fees required, inflation, and potential damage to existing roads or utilities, which shall not exceed 25% of the estimated construction costs. (E) In accordance with Va. Code § 15.2-2241.1, and notwithstanding the provisions of NCC § 156.001 et. seq., provided the developer and the Board of Supervisors have agreed on the delineation of phases within a proposed development, the developer shall not be required to furnish to the governing body a certified check, cash escrow, bond or

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letter of credit in the amount of the estimated cost of construction of facilities to be dedicated for public use within each section of the development until such time as construction plans are submitted for the section in which such facilities are to be located. (F) No certified check, cash escrow, bond, letter of credit or other performance guarantee furnished pursuant to this chapter shall be required to apply to, or include the cost of, any facility or improvement, unless such facility or improvement is shown or described on the approved plat or plan of the project for which such guarantee is being furnished. Furthermore, the terms, conditions, and specifications contained in any agreement, contract, performance agreement, or similar document, however described or delineated, between the County and an owner or developer of property entered into pursuant to this chapter in conjunction with any performance guarantee, as described in this subsection, shall be limited to those items depicted or provided for in the approved plan, plat, permit application, or similar document for which such performance guarantee is applicable.

§156.124 EXCEPTION TO STRICT ADHERENCE In accordance with Va. Code § 15.2-2242(1), an exception or variation in the requirements of this Subchapter (NCC § 156.001, et. seq.) may be granted by the Board of Supervisors upon a showing by clear and convincing evidence that strict adherence to such requirements would result in substantial injustice or hardship.

§ 156.125 REASONABLE PROVISION FOR THE VOLUNTARY FUNDING OF OFF-SITE ROAD IMPROVEMENTS AND REIMBURSEMENTS OF ADVANCES BY THE GOVERNING BODY

A. If a subdivider or developer makes an advance of payments for or construction of reasonable and necessary road improvements located outside the property limits of the land owned or controlled by him, the need for which is substantially generated and reasonably required by the construction or improvement of his subdivision or development, and such advance is accepted, the Board of Supervisors, upon a showing by clear and convincing evidence of such need, will reimburse the subdivider or developer from such funds as the Board may make available for such purpose from time to time for the cost of such advance together with interest, which shall be excludable from gross income for federal income tax purposes, at a rate equal to the rate of interest on bonds most recently issued by the governing body on the following terms and conditions:

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1. The Board shall determine or confirm that the road improvements were substantially generated and reasonably required by the construction or improvement of the subdivision or development and shall determine or confirm the cost thereof, on the basis of a study or studies conducted by qualified traffic engineers and approved and accepted by the subdivider or developer.

2. The Board shall prepare, or cause to be prepared, a report accepted and approved by the subdivider or developer, indicating the governmental services required to be furnished to the subdivision or development and an estimate of the annual cost thereof for the period during which the reimbursement is to be made to the subdivider or developer.

3. The Board may make annual reimbursements to the subdivider or developer from funds made available for such purpose from time to time, including but not limited to real estate taxes assessed and collected against the land and improvements on the property included in the subdivision or development in amounts equal to the amount by which such real estate taxes exceed the annual cost of providing reasonable and necessary governmental services to such subdivision or development.

§156.126 DISCLOSURE AND REMEDIATION OF CONTAMINATION AND OTHER ADVERSE ENVIRONMENTAL CONDITIONS OF THE PROPERTY PRIOR TO APPROVAL OF SUBDIVISION AND DEVELOPMENT PLANS

Prior to any approval of any subdivision plan, the subdivider or developer shall be required to disclose and abate any and all adverse environmental conditions of the property. “Adverse environmental conditions” shall include, but shall not be limited to lead contamination, designation as a brownfield site by the EPA or DEQ, perpetual flooding, oil or petroleum contamination, derelict or unsafe buildings or structures, or any other condition which poses a danger to the flora or fauna of the property.”

§ 156.127 PREPARATION AND FILING OF SUBDIVISION ORDINANCES;

AMENDMENTS THERETO

Subdivision ordinances shall be prepared, filed, and amended in accordance with Va.

Code §§ 15.2-2251, 15.2-2252, and 15.2-2253. Specifically:

a. The planning commission shall prepare and recommend the subdivision

ordinance and transmit it to the Board of Supervisors. The Board shall approve

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and adopt a subdivision ordinance only after notice has been published, and a

public hearing held, in accordance with Va. Code § 15.2-2204.

b. When a subdivision ordinance has been adopted, or amended, a certified

copy of the ordinance and any and all amendments thereto shall be filed in the

office of the Zoning Administrator, and in the clerk's office of the Circuit Court for

Northampton County.

c. The Planning Commission on its own initiative may, or at the request of

the Board of Supervisors, shall prepare and recommend amendments to the

subdivision ordinance. The procedure for amendments shall be the same as for

the preparation and recommendation and approval and adoption of the original

ordinance; provided that no amendment shall be adopted by the Board without a

reference of the proposed amendment to the commission for recommendation,

nor until sixty days after such reference, if no recommendation is made by the

commission.

* * * * *

The Chairman called the public hearing to order and asked if there were any present

desiring to speak.

Mrs. Susan McGhee said that these text amendments originated from the land use updates

that the Berkley Group provided in their Comprehensive Land Use Policy Review. This review

was completed at the direction of the County in order to review the Zoning Code,

Comprehensive Plan and Subdivision Ordinance as they relate mainly to the implementation of

the Chesapeake Bay Act requirements and other State Code requirements. The Berkley group

compared what we have adopted to what the State Code allows and provided recommendations

to us. The County must now go through those options and decide it they fit our County and

should be included in our ordinances. The majority of amendments put forth in this application

are updates straight from State Code with the exceptions of Section 156.124-126. These sections

arte from State Code but are listed as optional.

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Reading from the Staff Report, she said that staff was recommending all of the

amendments with the exception of Section 156.125. This section provides an option for the

developer to make an advance of payments to the County for off-site construction improvements

with the County ultimately reimbursing the developer. This section in particular does not seem

to apply to Northampton County but may apply to a more urban setting where the County

maintains the road network and where major, expansive developments are expected. It may also

burden the County with processing such refunds and advances. Seeing as though the County

does not fully maintain its road network and does not directly administer most road maintenance

and construction, it does not seem like a necessary addition.

Mrs. McGhee indicated that the Planning Commission was recommending approval of

the amendments with the exceptions of Sections 156.124 and 156.125. The Commission did not

support Section 156.124 because they believed it important that the Subdivision Ordinance be

adhered to and they did not support Section 156.125 because they did not believe it applied to

Northampton County.

There being no further speakers, the Chairman closed the public hearing.

Motion was made by Mr. Coker, seconded by Mr. Leatherbury, that Subdivision Text

Amendment 2020-01 be approved as outlined above with the exception of Section 156.125. All

members were present and voted “yes”. The motion was unanimously passed. Supervisor

Coker noted that he thought that Section 156.124 should be adopted as he did not want to give up

any rights that the Board of Supervisors might otherwise enjoy.

(8.0) Citizens’ Information Period (only matters pertaining to County business or items

that are not on the Board agenda for public hearing that evening.

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Mr. Curt Lewin addressed the Board, noting that he and his wife own Windsor House at

Capeville. The property is for sale and many potential buyers are interested in a mixed-use

development on the property, which is not allowed in a Commercial Zoning District; i.e., to live

upstairs and have a shop or gallery on the first floor.

The County Administrator, Mr. Charles Kolakowski, reminded the Board that he had

distributed several examples of mixed-use zoning regulations from other localities at the last

meeting. He said that if the Board was interested in pursuing the next step, it should provide

input to staff so that a proposal could be developed for the Board’s review. Mixed-use

development would enable adaptive reuse of properties and provide housing opportunities

throughout the County.

Supervisor Coker stated that it made sense to use lots of older homes as shops with living

arrangements upstairs.

Supervisor Fauber commended that mixed-use development is allowed in all districts

except Commercial or Industrial, and perhaps the easiest solution would be to amend the Use

Charts to allow mixed-use developments in other zoning districts, possibly through a special-use

permit process. Mr. Leatherbury responded that it is not always prudent to allow residential use

above certain commercial or industrial uses, such as a chemical plant. Allowing mixed-use by

special use permit would allow the Board to decide on a case-by-case basis; however several

Board members were concerned about this additional burden being placed on the property

owner.

The Board asked staff to do additional work on this matter and bring back a proposal for

review at the November work session.

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* * * * * *

(9.0) County Administrator’s Report

(9.1) The following future meeting agenda was shared with the Board:

(i) 11/24/20: Work Session: TBD

(ii) 12/22/20: Work Session: TBD

(iii) 1/26/21: Work Session: TBD

(9.2) County Administrator’s Report:

Mr. Kolakowski informed the Board that the sales tax referendum passed last week and

the next step is the adoption of ordinances to implement same. Motion was made by Mr.

Coker, seconded by Mr. Leatherbury, that the required ordinances be scheduled for public

hearing at the December meeting. All members were present and voted “yes.” The motion was

unanimously passed.

Mr. Kolakowski stated that a letter concerning the Confederate Monument, while

included verbatim in the minutes of last month’s meeting, had not actually been read aloud. At

the request of the writer, he read the following letter:

August 25, 2020

The Northampton County Board of Supervisors

Via Email to be read into the public record

Dear Honorable Supervisors,

Thank you for the opportunity to comment upon the removal, covering or

contextualization of the monument on the courthouse green that depicts an armed Civil War

soldier of Virginia militia and that displays period weaponry at its base. I fully support the

removal of the statue and the weaponry that surrounds it.

My ancestors in the mid-19th

century were settled in Virginia, specifically Lynchburg and

Courtland vicinities. There are records of my father’s ancestors that proved they served the

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Confederacy, fought at Gettysburg, and spent time in a Union prisoner of war camp. I was

raised in Norfolk under the “Union Jack” but knew that the Rebel “Stars and Bars” was a flag

of pride for my relatives, friends and neighbors. As an adult and a REALTOR, I have come to

understand the importance of racial unity, equality, and anti-discrimination among our brethren,

especially considering the tenants of The Fair Housing Act in all of my actions.

During the Martin Luther King Day Unity Breakfasts that are held each year at

Northampton High School, we march to the courthouse green to celebrate our racial equality

and unity. Under the shadow of this monument dedicated to the memory of Confederate soldiers,

our gathering is lead in prayer to celebrate the racial justice that Martin Luther King helped

achieve in our country. Such an hurtful juxtaposition would be hard to find elsewhere.

A large portion of our community is black and yet such a prominent centerpiece on our

courthouse green celebrates the heritage of a war fought to keep their ancestors enslaved. It’s

about time that we recognize how offensive this monument must be to our black brothers and

sisters and, indeed, to the racial equality our nation’s Constitution guarantees. I recommend its

removal as soon as possible, and then, if you so decide, its replacement with the sort of

monument that commemorates peace and unity among all citizens.

Sincerely yours,

David L. Kabler

* * * *

Mr. Kolakowski distributed the following list of potential Legislative Issues for 2021:

D R A F T

2021 General Assembly Priorities for Northampton County

1. Northampton County schools lose a significant number of new teachers each year to other

states such as Maryland due to lack of competitive salaries. We support having the Cost of

Competing salary adjustments for both Accomack and Northampton County school districts.

2. Northampton County is economically and culturally connected to its waterways. Acquiring

and maintaining beaches, boat ramps, marinas, and dredged channels is very costly.

Northampton County supports the Commonwealth providing sustainable funding for waterway

communities to build and maintain infrastructure which is critical to our economy and culture.

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3. The old Machipongo Middle School is owned by the County and is being reconfigured as a

community center. This will provide educational, recreational, and cultural opportunities for our

residents and visitors. It would include areas for encouraging economic opportunities and

continuing education for adults. The building itself was the first purpose-built high school for

African-American students in Northampton County and would include an area dedicated to that

heritage. We are requesting a $1,000,000 (one million dollars) grant for this project.

4. Motor vehicle inspections provide a process to protect the safety of all residents who utilize

public roads. Northampton opposes the elimination of the vehicle safety inspections. We

believe new vehicles should be exempt for several years and that increased access to inspection

sites should be provided.

5. There is a continued need for housing which is suitable and priced for full-time workers such

as teachers, deputies, hospitality workers, and other mid-level employees. The County is looking

to work with the Towns and businesses to address this situation by facilitating the construction of

housing suitable for that market. We are hampered by the high costs of construction on the

Shore and the high level of regulation. We are requesting assistance from the Commonwealth in

the form of grants and no interest loans to finance the initial projects.

6. Tourism is an integral part of the Eastern Shore economy and Northampton County is urging

the Commonwealth to equitably provide tourism funding to the Eastern Shore communities.

* * * * *

Supervisor Fauber commented that he would like to see seafood wholesalers pay a tax on

product which is taken out of state.

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The County Administrator indicated that there is a meeting with our legislative delegation

on Thursday and Supervisor Coker agreed to attend with the County Administrator.

(10.0) Tabled Item:

(10.1 Disposition of Confederate Monument

The County Administrator reminded the Board that it had conducted a public hearing to

solicit public comments on the removal, relocation, contextualization, or covering of the

Confederate Monument located on the Court Green in Eastville, Virginia.

Motion was made by Mr. Coker, seconded by Mr. Leatherbury, that this matter be taken

off the table. All members were present and voted “yes.” The motion was unanimously passed.

Ms. Mapp questioned if there were any estimates available on the cost of removal of the

monument. The County Administrator responded that he had seen estimates ranging from

$12,000 to $70,000.

Mr. Fauber said that he believed it was too soon to make any decision.

Ms. Mapp noted that several writers commented on the statue’s location on the

“Courthouse Green” and reminded the Board that since the Court has relocated, she did not feel

the property should be identified as “Courthouse Green”.

Mr. Coker said that in his view, the comments seem to be split with one-half wanting the

monument’s removal and the other half in support of Dr. Carter’s proposal for erection of a

companion statue. He said that we need to know the costs for removal, for relocation, and

thought that the new “host” should participate in the cost as well as investigate the cost for a

new, companion monument if private funds cannot be secured.

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Mr. Leatherbury said that the Board needs to move forward and that he would like to hear

from the private group again as to its plans.

Mr. Bennett read the following comments:

One may say that a public monument is not a piece of history, but is there to honor someone or

something. So to me whatever we honor, we endorse it. So a monument to the Confederacy is

an endorsement for those things it stood for.

Somewhere around 1861, the two basic principles, they:

1. stood for dissolution of the U. S.

2. they stood for an official establishment of slavery.

All history doesn’t have to be good history.

It is said that rural communities are very different than cities or urban communities. You can

only see what you see until you take the blinders off.

In the changing climate of today, I look and I ask the question. Be that history happen, must I

be reminded of it on a regular basis.

Some parts of our past could best be observed in a museum.

* * * * *

The County Administrator asked what information/data staff should be gathering to keep

this matter moving forward.

Chairman Bennett said that we need to hear from more people because many are not

comfortable attending and speaking at a public meeting.

Mr. Fauber asked to receive cost estimates on the statue’s removal.

Ms. Mapp asked for a timeline from Dr. Carter on his proposal.

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Mr. Fauber questioned what was happening in the rest of the State. Mr. Leatherbury

responded that there were six Central Virginia localities which had their statues’ removals as a

non-binding referendum in the last election. The results of all six referendums reflected the same

desire: to have the monuments remain in place.

Motion was made by Mr. Coker, seconded by Mr. Leatherbury, that this matter be tabled

again. All members were present and voted “yes.” The motion was unanimously passed.

(11) Action Items:

(11.1) Consider acceptance of Animal Friendly license plate revenues in the amount of

$120.00 and allocation of same to the Eastern Shore SPCA.

Motion was made by Mr. Coker, seconded by Ms. Mapp, that the Board accept the sum

of $120.00 as revenue from Animal Friendly license plates and that said sum be allocated to the

Eastern Shore SPCA. All members were present and voted “yes.” The motion was

unanimously passed.

(11.2) Consider adoption of Resolution for speed study on Sunnyside Road, Cheriton

Motion was made by Mr. Fauber, seconded by Mr. Bennett, that the following Resolution

be adopted, requesting VDOT to conduct a speed study along Sunnyside Road between the

easternmost corporate limits of the Town of Cheriton and its intersection with Sunny Court. All

members were present and voted “yes.” The motion was unanimously passed. Said Resolution

as adopted is set forth below:

RESOLUTION REQUESTING

SPEED STUDY

WHEREAS, the Northampton County Board of Supervisors believes that there may be a

traffic safety issue which exists along Sunnyside Road (State Route 639) between the

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easternmost corporate limits of the Town of Cheriton and the intersection of said Sunnyside

Road and Sunny Court;

WHEREAS, it is the Board’s belief that a speed study should be conducted within the

subject area and took action to request same at its meeting of November 10, 2020.

NOW, THEREFORE, BE IT RESOLVED, that the Northampton County Board of

Supervisors hereby requests the Virginia Department of Transportation to conduct a speed study

along Sunnyside Road (State Route 639) between the easternmost corporate limits of the Town

of Cheriton and the intersection of Sunnyside Road and Sunny Court.

* * * * *

(11.3) Consider adoption of Resolution for study of speed regulation signs on

Wellington Neck Road

Motion was made by Mr. Leatherbury, seconded by Mr. Bennett, that the Board adopt the

following Resolution, requesting VDOT to study the speed regulation signs on Wellington Neck

Road. All members were present and voted “yes.” The motion was unanimously passed. Said

Resolution as adopted is set forth below:

RESOLUTION REQUESTING

STUDY OF SPEED REGULATION SIGNS

WHEREAS, the Northampton County Board of Supervisors believes that there may be a

traffic safety issue which exists along Wellington Neck Road (State Route 609);

WHEREAS, it is the Board’s belief that additional speed regulation signs may be needed

in order to address citizen safety concerns.

NOW, THEREFORE, BE IT RESOLVED, that the Northampton County Board of

Supervisors hereby requests the Virginia Department of Transportation to study the need for

additional speed regulation signs along Wellington Neck Road (State Route 609).

* * * * *

(12) Matters Presented by the Board

(12.1) Standing Appointments

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Motion was made by Ms. Mapp, seconded by Mr. Coker, that Mr. Roy Ballard, Mr.

Dennis O’Hara and Ms. Nicki Smalling be reappointed to the Parks & Recreation Advisory

Board, for new terms of office commencing January 1, 2021. All members were present and

voted “yes.” The motion was unanimously passed.

Motion was made by Mr. Leatherbury, seconded by Mr. Coker, that Mr. Lucius J.

Kellam, IV, be reappointed to the Board of Appeals for the Building Inspector, for a new term of

office commencing January 1, 2021. All members were present and voted “yes.” The motion

was unanimously passed.

Motion was made by Mr. Bennett, seconded by Ms. Mapp, that Ms. Janice Langley be

reappointed to the Eastern Shore Community Services Board for a new term of office

commencing January 1, 2021. All members were present and voted “yes.” The motion was

unanimously passed.

(13) Citizens Information Period #2.

There were no comments.

(14) Recess/Adjourn

Motion was made by Ms. Mapp, seconded by Mr. Leatherbury, that the meeting be

recessed to 5:00 p.m., Tuesday, November 24, 2020, in the Board Room of the County

Administration Building, 16404 Courthouse Road, Eastville, Virginia in order to conduct the

work session. All members were present and voted “yes”. The motion was unanimously

passed.

The meeting was recessed.

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____________________________CHAIRMAN

___________________ COUNTY ADMINISTRATOR