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Regular Meeting
February 16, 2000
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board of
Supervisors was called to order at 7:03 p.m., Wednesday, February 16,
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 E. Barnett, County Attorney.
Invocation. Chaplain Walt East, US Coast Guard Training Center,
Yorktown, gave the Invocation
Pledge of Allegiance to the Flag of the United States of America.
Mrs. Noll led the Pledge of Allegiance.
HIGHWAY MATTERS
Mr. John Mazur, representative from the Virginia Department of
Transportation (VDOT), appeared to discuss highway matters of interest
to the Board of Supervisors. He reported that a contract had been
awarded for the completion of a turn lane on Grafton Drive, and
construction should begin in approximately 45 days.
Miss Rapp mentioned an earlier request to VDOT from the Woodlake
Crossing Subdivision to install "No Speeding- Additional $200
Fee" signs. She asked that the signs be installed in the proper
locations.
Mr. Mazur indicated the signs would be installed.
Mr. Wiggins thanked Mr. Quinton Elliott for accompanying him on
road inspections throughout his district. Mr. Wiggins stated there were
problems with drainage in the Edgehill district and Waterview Road. He
thanked VDOT for repairing most of the potholes in Seaford.
Mrs. Noll reported she was glad to have reflectors installed on
the islands on Route 171 and Route 17.
Mr. Burgett indicated he would like to meet with Mr. Elliott to
ride around and inspect his district.
Chairman Zaremba reported that the Transportation Safety
Commission met once a quarter and requested that VDOT provide a
representative at those meetings. He mentioned the 2000 Pre-Allocation
Hearings and explained they were a series of forums in which the public
was invited to speak. He noted that he and the other Board members had
received a petition signed by 62 citizens requesting that Barlow Road be
paved.
Mr. Mazur advised that every year the roads were inspected to
determine the paving schedule. He stated it was possible to put Barlow
Road on the 2001 paving schedule.
PRESENTATIONS
EMPLOYEE RECOGNITION PROGRAM
Chairman Zaremba congratulated Michael L. James and Ronald G.
Montgomery, both from the Sheriff's Department, for having attained 25
years of service to the County, and he presented them with their 25-year
service pins and certificates.
VIRGINIA MUNICIPAL LEAGUE
Ms. Beth McDonald, representing of the Virginia Municipal League,
explained some of the services of the League, which acts as a unified
voice for municipalities to the General Assembly. She stated York County
was quick to get in touch with its legislators to influence votes. She
further explained that since 1987, the League had through its insurance
programs returned over a half-million dollars back to the County with
$150,000 going back to the York County School Board since 1996.
YORK COUNTY REAL ESTATE ASSESSMENT
Mr. Dick McNutt, York County Assessor, gave a thorough
presentation on the responsibilities and operation of the York County
Real Estate Assessment Office. He stated the primary function of the
office was the biannual real estate assessments that are governed under
Virginia State Law. He explained the assessments provided the Board of
Supervisors with equitable value to raise funds to achieve the goals of
the citizens of York County. He elaborated on the different methods used
in preparing appraisals including the cost approach, sales method, and
income approach.
Discussion followed concerning Mr. McNutt's presentation and the
reassessment schedule.
Mrs. Noll asked for a copy of the presentation.
Mr. Burgett indicated Mr. McNutt's presentation was very
impressive, and he complimented Lynn Williford on her eagerness to
answer citizens' questions. He reported he had received comments from
citizens concerning another employee in the Assessor's office who had
been arrogant with a citizen, and he stressed the importance of citizens
being treated with respect. He asked Mr. McNutt's office to work on
customer service.
Mr. McNutt stated his employees work on customer service
constantly, no matter how ugly or provoking the customers become.
CITIZENS COMMENT PERIOD
Ms. Diane Estano, 208 Church Road, spoke about the teachers of
York County and the low wages earned by teaching assistants. She asked
that the Board budget more money for the assistants.
Ms. Janice Farley, 205 Terrys Run, Chairman of the York County
Library Board of Trustees, thanked the Board for its support over the
last two years. She stated the Library Board of Trustees was requesting
that the Board of Supervisors include additional funding in the amount
of $100,000 in the FY2001 budget for repairs to the old library which
would include a new phone system, new furniture, new fixtures, and six
new computers with hardware.
Mr. Burgett mentioned the parking lot at the new library and how
dark it was at night. He asked for a cost estimate to install lighting
in the parking lot.
Ms. Farley indicated the lighting was on the punch list of items
to be discussed.
Chairman Zaremba stated that the Director of General Services,
County staff, and the Library Board, represented by Mrs. Noll, were
involved in what needed to be done with the library to bring it up to
standard.
Ms. Nancy Laurier, 230 Nelson Street, appeared on behalf of the
Watermen's Museum to speak on an upcoming event on May 21, 2000, at the
Museum entitled "Watermen's Heritage Celebration - Past, Present
and Future," and she detailed some of the events and the sponsors.
She asked for help from the Board and the County Administrator in
bringing the repairs to Water Street to a completion in order to
encourage citizens to attend the celebration.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett reported on the actions of the General Assembly and
the status of pending legislation. He also reported that the Dail v.
County of York appeal, concerning the York County forestry ordinance and
its application to a particular piece of land owned by the plaintiff,
was set for March 1, 2000. He further reported that SB 758, which would
exempt from local government any review or control of telecommunication
towers of less than 200' in height to the extent that they locate in
VDOT's rights of way, passed in the Senate.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. Stuck elaborated on the Dail v. County of York case involving
the regulation of forestry, noting the subject matter of the case was
whether or not localities have any authority at all in these cases. Mr.
Stuck stated localities at the present time have very little regulatory
authority over forestry. He then addressed a Senate Bill that passed the
General Assembly involving overtime for firefighters and, if passed,
would cost the County $100,000 per year. He spoke on the deteriorating
partnership between the state and local government, and cited a number
of pieces of legislation as examples. Mr. Stuck mentioned the
possibility of the Spirit of Norfolk and American Cruise Lines docking
in Yorktown, and he announced the ribbon cutting ceremony for York Hall
would take place on March 15, 2000, at 5:00 p.m. He also indicated he
had received a petition from residents of Barlow Road regarding paving,
and he indicated he would have staff go out and look at the road's
condition.
MATTERS PRESENTED BY THE BOARD
Mr. Burgett stated he had received a thank you note from Tabb
Middle School for having their students at the last Board meeting with
their quilt. He reported that he had represented York County at the
grand opening ceremony for the Newport News Shipbuilding Credit Union
located on Route 17, and he apprised the Board members of his meeting
with the Economic Development Strategic Planning Task Force.
Miss Rapp reminded the citizens of her upcoming district meeting,
and she announced she had established a Citizens Review Committee for
2001 to review the proposed budget. She stated she had attended a
meeting of the Zweibrucken Student Exchange Program. She also indicated
she wanted to meet with Mr. Stuck and the other Board members to look
into what the General Assembly was doing during this session.
Mrs. Noll reported on functions of the Hampton Roads Planning
District Commission and a series of videos being made by the Commission.
She explained the videos would help to educate the public on the
problems of fiscal stress that local governments feel because of the
decisions of the General Assembly.
Mr. Wiggins reported on the February 10 meeting held to discuss
the new Seaford Elementary School gymnasium. He stated plans are to
build a gym about the same size as the Dare Elementary School gym. He
also reported that Virginia Power would have some outages at the
Yorktown Power Station, but noted the outages wouldn't affect the
citizens.
Chairman Zaremba expressed his condolences to the family of Chris
Whalen, a Norfolk firefighter who died from an apparent heart attack. He
then addressed a letter received from the Williamsburg Area Convention
and Visitors Bureau concerning its annual end-of-year report on the
tourism industry. He discussed his involvement with the Peninsula Mayors
and Chairs and the Peninsula Alliance for Economic Development, and the
issues that are addressed by those organizations which include
education, transportation, and the environment. He reported that Cox
Communications was involved in a large upgrade within the County and
that the Board of Supervisors' meetings and the School Board meetings
would no longer be televised on Channel 36 and 37 but would be televised
on Channels 46 and 47. He noted that the Board of Supervisors' meetings
would take place on the first and third Tuesdays of each month beginning
April 4, 2000, and that the work sessions would also be televised.
Mrs. Noll stated she did not believe a decision had yet been made
whether or not to televise the Board's work sessions.
Discussion followed concerning the televising of Board work
sessions.
Chairman Zaremba then noted that more discussion by the Board was
apparently needed, but he felt the work sessions should be televised in
an effort to keep the citizens informed. He asked that the topic be an
item for discussion at the Board's work session on February 23.
CONSENT CALENDAR
Chairman Zaremba asked that Item No. 2 be removed from the Consent
Calendar.
Ms. Noll then moved the adoption of the Consent Calendar, Item
Nos. 1, 3, and 4, respectively.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 1. APPROVAL OF MINUTES
The minutes of the following meeting of the York County Board of
Supervisors was approved:
January 19, 2000, Regular Meeting
Item No. 3. EMPLOYEE OF THE QUARTER. Resolution R00-15.
A RESOLUTION TO COMMEND WENDY D. KURNAS, SENIOR REVENUE
SPECIALIST, OFFICE OF THE COMMISSIONER OF THE REVENUE, AS EMPLOYEE OF
THE QUARTER
WHEREAS, Wendy D. Kurnas has been employed by the County in the
Office of the Commissioner of the Revenue since December 8, 1997; and
WHEREAS, during the 1999 State Income Tax season, Ms. Kurnas
trained and coordinated duties of the seasonal staff so that income tax
returns were processed within prescribed time frames and worked many
hours to process approximately 4,000 tax due returns; and
WHEREAS, she learned the entire document imaging process and
developed a quality assurance procedure that ensures the documents meet
certain criteria; and
WHEREAS, she also developed guidelines and procedures for the
office that facilitated cross-training by employees and ensured that
customers are assisted in a professional manner; and
WHEREAS, Ms. Kurnas sets an excellent example for the office by
displaying enthusiasm and professionalism when performing her duties;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 16th day of February, 2000, that Wendy D. Kurnas,
Senior Revenue Specialist, be, and is hereby, congratulated upon her
selection as Employee of the Quarter for the quarter ended December 31,
1999.
Item No. 4. STREET ACCEPTANCES: Resolutions R00-16 and R00-17
Resolution R00-16:
A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO INCLUDE STREETS IN YORK COLONY INTO THE STATE SECONDARY SYSTEM OF
HIGHWAYS
WHEREAS, the following roads, which are shown on a plat recorded
in the Clerk's Office of the Circuit Court of York County, have been
constructed to standards equal to the Virginia Department of
Transportation's Subdivision Street Requirements as a requisite for
acceptance for maintenance as part of the Secondary System of Highways;
and
WHEREAS, VDOT's Resident Engineer for York County has inspected
these roads and found them acceptable for maintenance; and
WHEREAS, the York County Board of Supervisors does hereby
guarantee unencumbered rights of way equal in width to that shown below
plus the necessary easements for cuts, fills, and drainage for these
roads;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this the 16th day of February, 2000, that the Virginia
Department of Transportation be, and it hereby is, requested to add and
maintain the following roads as part of the Secondary System of
Highways, pursuant to Section 33.1-229, Code of Virginia, 1950 amended,
and the regulatory requirements of VDOT:
Subdivision: York Colony
Street: Jessica Drive From: Route 782 (Cary's Chapel Road) To:
0.14 mile east of Route 782 to terminus Guaranteed Width for
Right-of-Way: 50' Length: 0.14 mile (726 feet)
Street: Zachary Place From: Intersection of Route 1470 (Jessica
Drive) To: 0.11 mile southeast to terminus Guaranteed Width for
Right-of-Way: 50' Distance: 0.11 mile (557 feet)
Street: Seth Lane From: Intersection of Route 1471 (Zachary Place)
To: 0.06 mile east Guaranteed Width for Right-of-Way: 50' Distance: 0.06
mile (308 feet)
The streets listed above are shown on a plat of record entitled
"York Colony" dated November 11, 1997, prepared by Sledd &
Associates, P.C., and recorded on January 21, 1998, in Plat Book 12,
Pages 556-559, in the Clerk's Office of the Circuit Court of York
County.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded
to the developer of York Colony and to the Resident Engineer of the
Virginia Department of Transportation.
Resolution R00-17:
A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO INCLUDE STREETS IN THE WOODS OF TABB, SECTIONS ONE AND SIX, INTO THE
STATE SECONDARY SYSTEM OF HIGHWAYS
WHEREAS, the following roads, which are shown on a plat recorded
in the Clerk's Office of the Circuit Court of York County, have been
constructed to standards equal to the Virginia Department of
Transportation's Subdivision Street Requirements as a requisite for
acceptance for maintenance as part of the Secondary System of Highways;
and
WHEREAS, VDOT's Resident Engineer for York County has inspected
these roads and found them acceptable for maintenance; and
WHEREAS, the York County Board of Supervisors does hereby
guarantee unencumbered rights of way equal in width to that shown below
plus the necessary easements for cuts, fills, and drainage for these
roads;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this the 16th day of February, 2000, that the Virginia
Department of Transportation be, and it hereby is, requested to add and
maintain the following roads as part of the Secondary System of
Highways, pursuant to Section 33.1-229, Code of Virginia, 1950 amended,
and the regulatory requirements of VDOT:
Subdivision: The Woods of Tabb, Section One and Section Six
Street: Terry's Run From: Route 1450 (Willard's Way) To: 0.10 mile
north to intersection of Trei's Trail Guaranteed Width for Right-of-Way:
50' Length: 0.10 mile (534 feet)
Street: Trei's Trail - West From: Intersection of Route 1451
(Terry's Run) To: 0.11 mile west to terminus Guaranteed Width for
Right-of-Way: 50' Distance: 0.11 mile (569 feet)
Street: Trei's Trail - East From: Intersection of Route 1451
(Terry's Run) To: 0.16 mile east to terminus Guaranteed Width for
Right-of-Way: 50' Distance: 0.16 mile (835 feet)
The streets listed above are shown on plats of record entitled
"The Woods of Tabb, Section One" dated February 26, 1992,
prepared by Davis & Associates, P.C., and recorded on July 7, 1992,
in Plat Book 11, Pages 502-504; and "The Woods of Tabb, Section
Six" dated September 7, 1995, prepared by Davis & Associates,
P.C., and recorded on July 19, 1996, in Plat Book 12, Pages 388-390.
These plats were recorded in the Clerk's Office of the Circuit Court of
York County.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded
to the developer of The Woods of Tabb, Sections One and Six, and to the
Resident Engineer of the Virginia Department of Transportation.
Item No. 2. CHANGES TO BOARD MEETING DATES AND LOCATIONS: Proposed
Resolutions R00-20 and R00-21. (Removed from Consent Calendar)
Chairman Zaremba asked Mr. Stuck to explain the proposed
resolutions removed from the Consent Calendar.
Mr. Stuck explained that proposed Resolution R00-20 would change
the meeting place of the March 15, 2000, Regular Meeting to be held in
the new Board Room in York Hall. Proposed Resolution R00-21 provides for
the Board's regular meetings after April 1, 2000, to be held on the
first and third Tuesdays at 7:00 p.m. in York Hall, with the exception
of the first Tuesday in July and the first Tuesday in November, which is
usually Election Day.
Chairman Zaremba then moved the adoption of proposed Resolution
R00-20 that reads:
A RESOLUTION TO CHANGE THE MEETING PLACE OF THE MARCH 15, 2000,
REGULAR MEETING OF THE YORK COUNTY BOARD OF SUPERVISORS
WHEREAS, the Board's current Rules of Procedure call for the
Regular Meetings of the York County Board of Supervisors to be held in
the Board Room of the York County Finance Building; and
WHEREAS, it is the desire of the Board of Supervisors to start
conducting its Regular Meetings in the Board Room of York Hall, which is
currently under renovation for this purpose; and
WHEREAS, it is the Board's intent to conduct its first Regular
Meeting in the new York Hall meeting facility on Wednesday, March 15,
2000;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 16th day of February, 2000, that the location for
the Wednesday, March 15, 2000, Regular Meeting of the York County Board
of Supervisors be changed to the Board Room of York Hall, 301 Main
Street, Yorktown.
BE IT FURTHER RESOLVED that the County Administrator be, and he is
hereby, directed to post and advertise this resolution in accordance
with Section 15.2-1416 of the Code of Virginia.
On roll call the vote was:
Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)
Mr. Burgett moved the adoption of proposed Resolution R00-21 that
reads:
A RESOLUTION TO AMEND SECTION 1-1 OF THE RULES OF PROCEDURE OF THE
YORK COUNTY BOARD OF SUPERVISORS TO CORRECT THE NAME OF THE MEETING
PLACE FOR ITS REGULAR MEETINGS AND TO PROVIDE FOR NO REGULAR MEETING TO
BE HELD THE FIRST TUESDAY IN NOVEMBER
WHEREAS, the Board's current Rules of Procedure call for the
Regular Meetings of the York County Board of Supervisors to be held in
the Meeting Room of the York County Finance Building at 7:00 p.m. on the
first and third Tuesdays of each month (with the exception of the first
Wednesday in July) after April 1, 2000; and
WHEREAS, the correct name for the room in which the Board will
meet in York Hall is the "Board Room"; and
WHEREAS, the first Tuesday in November is always Election Day
unless the first Tuesday falls on November 1;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 16th day of February, 2000, that Section 1-1 of its
Rules of Procedure be, and they are hereby, amended as follows:
YORK COUNTY BOARD OF SUPERVISORS As Amended through February 16,
2000
SECTION 1 - MEETINGS
Section 1-1 When and Where Regular Meetings are Held
The time and place of regular meetings of the Board of Supervisors
shall be established at each annual meeting. Regular meetings for the
months of January, February, and March shall be called to order at 7:00
p.m., EST and DST in the Board Room, York County Finance Building, on
the first and third Wednesdays of each month. Regular meetings for the
remainder of the year shall be called to order at 7:00 p.m., EST and DST
in the Board Room, York Hall, on the first Tuesday of each month, with
the exception of the first Tuesdays in the months of July and November,
and on the third Tuesday of each month. Should the Board subsequently
prescribe any meeting time or place other than that initially
established, it shall comply with Section 15.2-1416 of the Code of
Virginia, as amended.
If the Chairman, or the Vice Chairman if the Chairman is unable to
act, finds and declares that weather or other conditions are such that
it is hazardous for board members to attend a regularly scheduled
meeting, the meeting shall be continued to the following Wednesday
during the months of January, February, and March at 7:00 p.m., in the
Board Room, York County Finance Building, and to the following Tuesday
at 7:00 p.m. in the Board Room, York Hall, during the remainder of the
year. Such finding shall be communicated to the members of the Board and
the press as promptly as possible. All hearings and other matters
previously advertised shall be conducted at the continued meeting, and
no further advertisement is required.
BE IT FURTHER RESOLVED that the County Administrator be, and he is
hereby, directed to post and advertise this resolution in accordance
with Section 15.2-1416 of the Code of Virginia.
On roll call the vote was:
Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)
CLOSED SESSION. At 8:59 p.m. Mr. Burgett moved that the meeting be
convened in Closed Session pursuant to Section 2.1-344(a)(1) of the Code
of Virginia pertaining to appointments to Boards and Commissions.
On roll call the vote was:
Yea: (5) Rapp, Noll, Wiggins, Burgett, Zaremba
Nay: (0)
Meeting Reconvened. At 9:40 p.m. the meeting was reconvened in
open session by order of the Chair.
Miss Rapp moved the adoption of proposed Resolution SR-1 that
reads:
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 16th day of February, 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) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
APPOINTMENT TO THE COLONIAL GROUP HOME COMMISSION
Miss Rapp moved the adoption of proposed Resolution R00-18 that
reads:
A RESOLUTION TO REAPPOINT A YORK COUNTY GOVERNMENTAL
REPRESENTATIVE TO THE COLONIAL GROUP HOME COMMISSION
BE IT RESOLVED by the York County Board of Supervisors this 16th
day of February, 2000, that Stephen P. Kopczynski be, and he is hereby,
reappointed to the Colonial Group Home Commission for a term of four
years, such term to begin March 1, 2000, and expire February 28, 2004.
On roll call the vote was:
Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)
APPOINTMENT TO THE YORK COUNTY HISTORICAL COMMITTEE
Mrs. Noll moved the adoption of proposed Resolution R00-23 that
reads:
A RESOLUTION TO APPOINT MEMBERS TO THE YORK COUNTY HISTORICAL
COMMITTEE
WHEREAS, due to the recently resignations of Mr. William Welch and
Mrs. Shirley Rawls from the York County Historical Committee, three
vacancies now exist on the Committee; and
WHEREAS, several individuals have submitted Board Bank
applications for Associate membership in the Committee;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 16th day of February, 2000, that the following
individuals be, and they are hereby, appointed to the York County
Historical Committee:
David J. Meredith
Joseph A. Roszkowski
Margaret C. Cook
Richard P. Long (Associate)
Carol R. Meredith (Associate)
Jerry R. Karwac (Associate)
Frank Green (Associate)
On roll call the vote was:
Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)
Meeting Adjourned. At 9:48 p.m. Chairman Zaremba declared the
meeting be adjourned to 6:00 p.m., Wednesday, February 23, 2000, in the
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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