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Regular Meeting
January 19, 2000
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board of
Supervisors was called to order at 7:04 p.m., Wednesday, January 19,
2000, in the Board Room, York County Finance Building, by Chairman
Walter C. Zaremba.
Attendance. The following members of the Board of Supervisors were
present: Walter C. Zaremba, Sheila S. Noll, Donald E. Wiggins, James S.
Burgett, and Melanie L. Rapp.
Also in attendance were Daniel M. Stuck, County Administrator; and
James Barnett, County Attorney.
Invocation. Reverend Richard J. Holmes gave the Invocation.
Pledge of Allegiance to the Flag of the United States of America.
Vice Chairman Burgett led the Pledge of Allegiance.
HIGHWAY MATTERS
Mr. Quintin Elliott, Resident Engineer, Virginia Department of
Transportation (VDOT), appeared to discuss highway matters of interest
to the Board of Supervisors. He indicated he had nothing specific to
report to the Board at this time, but would try to answer any questions
the Board members might have.
Miss Rapp asked if the trash pile on Victory Boulevard was on
VDOT's property and expressed her desire to get it cleaned up. She also
reported that the Route 606 marker was almost on the ground.
Mr. Elliott confirmed that the trash was on VDOT's property and
that he would have it cleaned up.
Mr. Wiggins expressed his concerns over the delay in the
construction of Grafton Drive and the default of the contractor.
Mr. Elliott explained that the contractor defaulted on the
project, and the bonding company had taken the responsibility of
completing the project. He reported that as soon as the weather
permitted, the construction would resume.
Mr. Wiggins discussed a letter from two citizens regarding
drainage problems and road resurfacing in the Edgehill subdivision.
Mr. Elliott acknowledged there were drainage problems in the
Edgehill subdivision. He explained the problems went back to when the
project was built, noting the only way to correct the problem was for
the entire drainage system to be reconstructed. He mentioned that VDOT
has a limited amount of money for resurfacing streets, and as money
becomes available VDOT would continue resurfacing in that area.
Mr. Wiggins asked that a "No Through Trucks" sign be
installed on Allens Mill Road because of the heavy truck traffic.
Mr. Burgett reported he had received phone calls from citizens
regarding the resurfacing of Kitty Drive, Yorkshire Drive, Brook Drive,
and Riverside Drive. He asked about the prioritization of the
resurfacing schedule and expressed his desire for citizens to be
informed as to when they could expect the resurfacing to be completed.
Mr. Elliott provided an explanation concerning the allocation of
state funds, the distribution of those funds, and how each locality
prioritizes its resurfacing requests.
Chairman Zaremba asked if VDOT was responsible for the upkeep of
the turnaround area on Skimino Road at Camp Peary.
Mr. Elliott explained VDOT was responsible for the road leading up
to the fenced area at Camp Peary. He further explained the cut-out area
was not a State maintained area, and he elaborated on the options
available, which are the Secondary Road Improvement Funds or the Revenue
Sharing Project, to build a turnaround area to be taken over by State
maintenance. Mr. Elliott extended an invitation to the Board members to
meet with him individually to address their concerns.
Mrs. Noll asked about a manual VDOT had prepared for them in the
past for new Board members.
Mr. Elliott informed the Board that VDOT was in the process of
updating the manual for them.
PRESENTATIONS
YORK COUNTY SCHOOL BOARD
Mr. Don Felling, Chairman of the York County School Board, spoke
on this year's School Board budget and how it was processed. He
explained that the two driving factors in the operating budget were the
School Board's mission and goals and the amount of State funds
available, which is 51 percent of the schools' budget. He indicated the
School Board looks for approval of its budget by March 13 for submission
to the Board of Supervisors for incorporation into the County's final
budget.
Chairman Zaremba stated he had asked the County Administrator to
coordinate a joint meeting with the School Board and the Board of
Supervisors.
VIRGINIA PENINSULA ASSOCIATION OF REALTORS
Ms. Susan Gaston, Director of Governmental Affairs for the
Virginia Peninsula Association of Realtors, made a presentation on
growth and infrastructure in Virginia and on the Association's
legislative package. She touched on issues such as smart growth in
Virginia, protection of private property rights, affordable housing for
all Virginians, preserving communities, a strong economy, and inner city
revitalization.
Mr. Wiggins stated he felt that the County needed more industrial
and commercial growth.
Ms. Gaston explained that increasing the industrial base would
keep the residential property taxes at a minimum.
Mr. Burgett asked what the price of affordable housing was in York
County.
Ms. Gaston reported that other areas were more affordable than
York County. She stated the average price of a house was easily over
$100,000.00 in York County.
Mrs. Noll noted that affordable housing doesn't necessarily mean a
single, detached dwelling. The County has apartments, condos, and other
housing that can be considered affordable.
A brief discussion followed on the use of proffers and impact
fees.
CITIZENS COMMENT PERIOD
Ms. Pam Pouchot, 103 Kimberly Court, Chair of the Virginia
Committee for Gunfree Schools, spoke on six bills before the General
Assembly that the Virginia Committee for Gunfree Schools was sponsoring.
She elaborated on the bills to remove firearms from school grounds and
to ban the discharge of firearms on school grounds. She urged the Board
members and citizens to contact their legislators in support of these
bills. Ms. Pouchot also spoke on the issue of non-County residents
speaking at Board meetings. She felt that everyone should have the
opportunity to speak at Board meetings whether they live in the County
or not. She also spoke against the three-minute speaking limit and the
requirement to obtain a permit to express oneself on public property.
Ms. Pouchot stated she felt the new Board policy allowing the Chairman
to act beyond the Board's approval placed excessive authority with the
Chairman and asked that the policy be rescinded.
Chairman Zaremba responded that the Board had no intention of
denying citizens the right to speak before the Board. He explained that
the Board simply would put the citizens of York County first.
Mr. Gregory Brezinski, 1017 Moore House Road, representing the
Yorktown Trustees, displayed a new license plate depicting the tobacco
wharf in Yorktown during colonial days. Mr. Brezinski explained that the
special plates are available for purchase, and that the proceeds of the
sale would go to support the revitalization of the Yorktown Waterfront.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett provided the Board with a report on the Fox
programming controversy, and why local government was getting involved.
He reported that the County's cable agreement and the County's Ordinance
was shaped by federal laws, and the federal laws did not give localities
many options. He then reviewed some of the bills introduced into
legislation that were of interest to York County:
· SB148-E911 local tax.
· HB255-meals tax.
· SB111-condemnation and awards by the court.
· HB100-seasonal permits for wildlife management.
· HB344-sales taxes on food.
· HB2-proposal for a redistribution of 5 percent of the income
tax collected by the State back to the locality.
· HB277-proposal for 5 percent of the state income tax
collections to be distributed back to the local government if the state
budget has a surplus after the year 2001.
· SB198-interest refunds on taxes paid erroneously.
· SB166-eliminate roll-back taxes on land currently owned in
special use tax category.
· JR30-a constitutional amendment to require that there will be
no diminishment of local sources of revenue unless the General Assembly,
in the same session, provides for a replacement of that revenue.
· JR69-setting terms - 3 terms of the Senate; 6 terms in the
House.
· HB261-allow the issuance of a County Attorney license plate.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. Stuck discussed the current session of the General Assembly
and reported that the Board had asked legislators to hold off making tax
changes until a report of the committee studying the State tax system
was available, which won't happen until next year. He spoke of the
elimination of the local E911 tax and how the operating centers would be
expected to function without funding from the tax. He then discussed the
preparation and selection of items for the Board's agenda. In
conclusion, Mr. Stuck showed a brief video depicting the progress of the
following construction projects currently underway:
York Hall Riverwalk Dare Pump Station Sewer/Water Calthrop Neck
Road Sewer/Water Old Lakeside Drive Sewer/Water Tabb Middle School
Addition
Chairman Zaremba requested that Mr. Stuck direct staff to include
discussion about proffers the next time a presentation was made
regarding a subdivision-related initiative.
MATTERS PRESENTED BY THE BOARD
Mrs. Noll discussed a planning seminar she attended in Richmond
and reported that no significant legislation is expected concerning
smart growth. She stated she also attended a graduation ceremony of Navy
medical technicians at Thomas Nelson Community College, and indicated
she had also attended a meeting of the Hampton Roads Planning District
Commission at which time the Governor asked for the Commission's
endorsement for his transportation program, which the Commission gave.
Miss Rapp reported she would hold a meeting on March 2, 2000, at
7:00-8:30 p.m., at the Tabb Library. She invited all citizens to attend
but emphasized the meeting would be focused on District 5. She thanked
Mr. Stuck, Mr. Barnett, and staff for their help in answering
constituents' questions. She then reported there was a very large tire
on property behind the fire station on Victory Boulevard, and she asked
that it be removed. She stated Chairman Zaremba had appointed her to
three liaison positions including the Yorktown Day Association, the
Peninsula Airport Commission Blue Ribbon Task Force, and the Zweibrucken
Student Exchange. Miss Rapp then mentioned earlier discussion by the
Board on other jurisdictions' policies concerning speaker limits at
council and board meetings and the disagreement that ensued concerning
the Williamsburg City Council's policy. She stated that during the
earlier discussion, Chairman Zaremba had indicated that he knew
personally of a York County resident being denied permission to speak
even though the City Clerk had ensured her that the City Council did not
have a policy prohibiting non-citizen speakers. Miss Rapp asked that the
record show that she had provided the Clerk with a copy of the
Williamsburg City Council's Rules and Procedures, which indicate that
the City Council allows public comment during an open forum under new
business at which time any person may address the Council on any topic.
Chairman Zaremba indicated he appreciated Miss Rapp's
clarification, stating it was good to know that the City Council has
changed its policy to allow both citizens of Williamsburg and
non-citizens to speak.
Mr. Wiggins stated that the Chairman of a Board should be
responsible for conducting meetings in an orderly manner, and the
Chairman must have the responsibility of setting the agenda. He stated
the Board members have a right to contribute to the agenda, and this
Board was not taking anything away from any individual Board member.
Mr. Burgett stated he felt the Chairman and the County
Administrator should work together to compile the agenda. He then
indicated he had met with the Strategic Planning Committee for Economic
Development and was excited about future development. He thanked John
Dunn for his help in answering some questions and solving some issues.
Chairman Zaremba discussed the meeting of the Peninsula Alliance
for Economic Development he attended with Mrs. Noll and Mr. Stuck,. He
stated the Alliance's goals were to analyze, assess, and evaluate the
economic life of the Peninsula. He explained that Mrs. Noll received an
award and recognition for her contributions to the Alliance over the
past two years. He then spoke of the budget process, stating the task of
developing the budget for the next fiscal year will begin in the next
few weeks, and he urged the citizens to become involved.
PUBLIC HEARING
VACATION OF DRAINAGE AND UTILITY EASEMENT
Mr. Barnett made a brief presentation on proposed Resolution No.
R00-2 to authorize the execution of an instrument vacating a portion of
a County drainage and utility easement across property owned by Cecil W.
and Betty G. Baker.
Chairman Zaremba called to order a public hearing on proposed
Resolution No. R00-2 which was duly advertised as required by law and is
entitled:
A RESOLUTION TO AUTHORIZE EXECUTION OF AN INSTRUMENT VACATING A
PORTION OF A COUNTY DRAINAGE AND UTILITY EASEMENT ACROSS PROPERTY OWNED
BY CECIL W. BAKER, JR., AND BETTY G. BAKER.
There being no one else present who wished to speak regarding the
subject resolution, Chairman Zaremba closed the public hearing.
Mr. Burgett then moved the adoption of proposed Resolution R00-2
which reads:
A RESOLUTION TO AUTHORIZE EXECUTION OF AN INSTRUMENT VACATING A
PORTION OF A COUNTY DRAINAGE AND UTILITY EASEMENT ACROSS PROPERTY OWNED
BY CECIL W. BAKER, JR., AND BETTY G. BAKER.
WHEREAS, the York County Board of Supervisors was previously
granted a 10' drainage and utility easement across a portion of Lot 38,
Harwood Heights, as shown on a plat entitled "Plat of the Property
of Cecil W. Baker, Jr. and Betty G. Baker, Lot 38 Harwood Heights,
County of York, Virginia," dated April 22, 1997; and
WHEREAS, Cecil W. Baker, Jr. and Betty G. Baker, the owners of the
subject property, have requested that the southerly five (5) feet along
a portion of this easement be vacated, as shown on the plat attached to
the County Attorney's report dated December 20, 1999.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 19th day of January, 2000, that the County
Administrator be, and is hereby authorized, for and on behalf of the
Board, to execute an instrument vacating the southerly five (5) feet of
that portion of said drainage and utility easement that lies across the
subject property, as described therein, such instrument to be approved
as to form by the County Attorney.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
CONSENT CALENDAR
Mrs. Noll moved the adoption of the Consent Calendar as submitted,
Item No. 2.
On roll call the vote was:
Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)
Thereupon, the following resolution was adopted:
Item No. 2. YORKTOWN WHARF-AREA TRANSPORTATION ENHANCEMENT
PROJECT: Resolution R00-6
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AN
AGREEMENT WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR DEVELOPMENT
AND ADMINISTRATION OF THE YORKTOWN WHARF AND INTERPRETIVE AREA
TRANSPORTATION ENHANCEMENT PROGRAM PROJECT
WHEREAS, in 1999 York County applied for and was awarded $550,000
of Transportation Enhancement Program funding for the Yorktown Wharf and
Interpretive Area project; and
WHEREAS, an agreement between the Virginia Department of
Transportation and York County is necessary to allow this project to
proceed to implementation; and
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 19thday of January, 2000, that the County
Administrator be, and he is hereby, authorized to execute an agreement
between York County and the Virginia Department of Transportation for
the development and administration of the Yorktown Wharf and
Interpretive Area project.
NEW BUSINESS
APPROVAL OF MINUTES.
Chairman Zaremba polled the Board members to determine that the
minutes of the December 15, 1999, Regular Meeting had been read by each
Board member, and he asked that the record reflect that they had done
so.
Miss Rapp then moved that the minutes of the December 15, 1999,
Regular Meeting be approved as submitted and that Chairman Zaremba be
directed to sign such.
On roll call the vote was:
Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)
APPOINTMENT OF TWO ALTERNATE MEMBERS TO THE BOARD OF
ZONING/SUBDIVISION APPEALS.
Mrs. Noll moved the adoption of proposed Resolution R00-7 that
reads:
APPEALS A RESOLUTION TO REQUEST THE YORK COUNTY CIRCUIT COURT TO
APPOINT TWO ALTERNATE MEMBERS TO THE YORK COUNTY BOARD OF
ZONING/SUBDIVISION
WHEREAS, the York County Board of Zoning/Subdivision Appeals
(hereinafter "the BZA") currently consists of five (5)
members, each appointed by the York County Circuit Court; and
WHEREAS, the members of the BZA have requested this Board to apply
to the York County Circuit Court for the appointment of two (2)
alternate members to the BZA, as permitted pursuant to Virginia Code §
15.2-2308; and
WHEREAS, this Board deems that the appointment of two (2)
alternate members to the BZA will serve the public interest.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
supervisors, this the 19th day of January, 2000, that the Circuit Court
of York County is hereby requested to appoint two (2) alternates to the
York County BZA pursuant to Virginia Code § 15.2-2308.
On roll call the vote was:
Yea: (5) Rapp, Noll, Wiggins, Burgett, Zaremba
Nay: (0)
CLOSED MEETING. At 9:20 p.m., Mr. Burgett moved that the Board
convene in Closed Meeting pursuant to Section 2.1-344(a)(7) of the Code
of Virginia regarding consultation with legal counsel on a specific
legal matter.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
Meeting Reconvened. At 10:04 p.m. the meeting was reconvened in
open session by order of the Chair.
Mr. Burgett moved the adoption of Resolution SR-1 which reads:
On motion of Mr. Burgett, which carried 5-0, the following
resolution was adopted:
A RESOLUTION TO CERTIFY COMPLIANCE WITH THE FREEDOM OF INFORMATION
ACT REGARDING MEETING IN CLOSED SESSION
WHEREAS, the York County Board of Supervisors has convened a
closed meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of the Virginia Freedom of Information
Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a
certification by the York County Board of Supervisors that such closed
meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 19th day of January, 2000, hereby certifies that,
to the best of each member's knowledge, (1) only public business matters
lawfully exempted from open meeting requirements by Virginia law were
discussed in the closed meeting to which this certification resolution
applies, and (2) only such public business matters as were identified in
the motion convening the closed meeting were heard, discussed, or
considered by the York County Board of Supervisors.
On roll call the vote was:
Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)
Meeting Adjourned. At 10:06, p.m. Chairman Zaremba declared the
meeting be adjourned to 6:00 p.m., Wednesday, January 26, 2000, in Board
Room, York County Finance Building, for the purpose of conducting a work
session.
_____________________________
______________________________
Daniel M. Stuck,
Clerk
Walter C. Zaremba, Chairman
York County Board of
Supervisors
York County Board of Supervisors
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