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Regular Meeting
May 2, 2000
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board of
Supervisors was called to order at 7:01 p.m., Tuesday, May 2, 2000, in
the Board Room, York Hall, 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. Reverend James Hundley, Providence United Methodist
Church, gave the Invocation
Pledge of Allegiance to the Flag of the United States of America.
Chairman Zaremba led the Pledge of Allegiance.
PRESENTATIONS
OUTSTANDING YOUTH AWARDS
Chairman Zaremba spoke of the Outstanding Youth of the Year
awards, a special recognition program for achievements by youth in the
categories of Community Service, Courage, Overall Achievement, and
Compassion. He then provided some background information on the program
which has been sponsored jointly by the York County Youth Commission and
the Board of Supervisors for the past 11 years.
Youth Commissioner Jennell Whitfield then read each of the four
resolutions, and Chairman Zaremba presented the following recipients of
the 2000 Outstanding Youth of the Year Awards with a bound and sealed
copy of the resolution and an engraved Jefferson Cup in recognition of
the occasion:
Krystal Paez Outstanding Youth of the Year for Compassion
Madison McDaniel Outstanding Youth of the Year for Courage
Christi Rawls Outstanding Youth of the Year for Community Service
Brandon Randall Outstanding Youth of the Year for Overall Achievement
Miss Paez thanked the selection committee and her nominator, as
well as the children she worked with because she was so rewarded by them
each day. She indicated she plans to spend her life working with
children.
Miss Rawls noted that her involvement with the theater has helped
her to be more outgoing and less shy. She indicated her involvement with
Jobs Daughters has helped her to become a leader. She thanked the people
who helped her to receive the award, including Mr. Michael Sullivan, her
nominator, who has also served as her mentor. Miss Rawls stated her
parents raised her well, and she indicated how her grandparents had been
a great inspiration in her life as well.
Mr. Randall acknowledged the Board and the selection committee for
the great honor bestowed upon him at this time. He stated the award was
a gift from God, and without him none of this would have been possible.
He expressed thanks to his parents for instilling in him that he could
be all he wanted to be and for the priority system that he hoped to pass
on to his children. Mr. Randall thanked his pastor, Reverend Whitehead
of New Zion Baptist Church, for his spiritual guidance and friendship
and for always being there for him. He also expressed appreciation to
his guidance counselor, Mrs. Brown, for the tireless hours she spent
helping him get accepted into Hampden Sydney College.
Mr. McDaniel stated he was honored to receive the award, and he
expressed appreciation to his family and nominators. He thanked the
Board for this special recognition.
DRAINAGE PROBLEMS
Mr. Wiggins made introductory remarks concerning the drainage
problems occurring in York County, and the thanked the following
individuals for helping to produce the upcoming presentation:
Jack Sharkey Rick and Ann Carver
Mike Bossey
Jim Burgett
Walt Zaremba
The Edgehill Association
He noted he had been contacted by the Lieutenant Governor and
former Governor George Allen who had expressed an interest in the
drainage situation and had indicated a desire to help the County if they
could. He then introduced Mr. Sharkey to provide the slide presentation
depicting the extent of the drainage problems that many areas of the
County are experiencing.
Mr. Jack Sharkey, 106 Nelson District Road, stated there were 11
predicted major storms to come this coming season, and there has already
been area flooding in many areas of the County. He displayed for the
Board slides of area problems due to normal rainfall as well as those
due to severe weather conditions. He discussed actions taken by the
residents of Edgehill, noting that VDOT has taken no action to remedy
the problems. Mr. Sharkey then spoke of the roads in need of resurfacing
due to damage from flood conditions, and the addressed other York County
communities which have similar drainage and road problems. He displayed
slides depicting other areas of the County and the problems they were
encountering. Mr. Sharkey stated that VDOT was well aware of the
problems being experienced, and he addressed the action or non-action of
VDOT during a specific weather incident in April.
Chairman Zaremba stated he felt Mr. Sharkey's presentation had
adequately outlined the serious need for corrective action in many areas
of the County. He asked that the Board take a short recess and then have
some dialog concerning appropriate types of corrective action.
Mr. Wiggins stated the reason the presentation was so long was in
order to share these people's feelings and problems with the rest of the
County.
Mr. Burgett noted that the people in District 3 were not the only
ones in the County with drainage problems. He suggested that the Board
now move toward a solution.
Chairman Zaremba indicated the Board needed to move forward with
some dialog in terms of a realistic course of action. VDOT has the
primary responsibility, but it does not preclude the County from getting
involved in developing a solution to the problem.
Meeting Recessed. At 8:37 p.m. Chairman Zaremba declared a short
recess.
Meeting Reconvened. At 8:44 the meeting was reconvened in open
session by order of the Chair.
DRAINAGE PROBLEMS (Continued)
Mr. Wiggins noted that everyone has seen the magnitude of the
problem, and he recommended that a committee be established by the Board
of Supervisors with a goal to identify the specific problems, noting
what has and has not been attempted, and develop a proposal for solving
the drainage problems. He stated the committee should be made up of a
member of the Board of Supervisors, a senior staff member who has
knowledge of the issues, a VDOT representative if possible, and, most
importantly, a cross-section of citizens residing in the affected areas.
Chairman Zaremba asked Mr. Stuck to provide the Board with the
legal relationship between the Highway Department and the County
relative to the drainage problems.
Mr. Stuck stated that road systems in the counties of the
Commonwealth, with one or two exceptions, are owned and operated by
VDOT. The County's maintenance program sometimes gets involved in the
drainage problems that impact on VDOT rights-of-ways. Typically,
roadside ditches are not the types of areas in which the County staff
would be working. The County is not staffed or equipped for the upkeep
of roadside ditch work. He also noted the County must get permits from
the Highway Department whenever it does work in the road rights-of-way.
Mr. Stuck indicated staff had forwarded a letter to the Highway
Department asking about the policy Mr. Elliott mentioned at the last
Regular Meeting of the Board regarding its policy requiring
environmental permits to perform any ditch or culvert work. He also
noted that the County frequently receives the same responses that the
citizens receive concerning the lack of manpower and funding to take
care of needed drainage and road work. In the past the County has taken
on certain causes and have gotten VDOT to reallocate some of its fixed
resources to the County's specific problems, but no extra money flows
into the residency. Reallocation only means that some other project does
not get accomplished as originally planned.
Mr. Barnett mentioned the letter recently sent to VDOT questioning
the environmental requirement for permits, stating he would be very
interested to see the answer. He stated his understanding was that to
clean out an existing culvert or a ditch would not violate any
environmental laws. VDOT may have instituted some procedures the County
staff was not aware of, but it would be surprising to find a change in
the environmental laws covering these issues. Mr. Barnett explained that
there are State statutes that say once streets are accepted into the
State's system of highways, they then fall within the exclusive
jurisdiction of VDOT, and the rights-of-way extend beyond the pavement
area.
Mr. Burgett stated it was a significant problem that has plagued
the County for many years, and it was very important that the Board
secured a way to solve this problem. He indicated he did not propose
that the County take over VDOT's job, but he felt the committee was a
good idea and he would support it. He stated he would task the committee
to tell the Board of Supervisors what can be done, and he would look to
the committee to come up with solutions that can be weighed and
discussed by the Board.
Miss Rapp thanked Mr. Sharkey for his presentation. She stated the
pictures shown looked a lot like Running Man and Woodlake. She noted
that the problems are County-wide, and the solutions need to be
addressed County-wide. The solutions for Woodlake are already in the
Capital Improvements Program, but the County will have to cut raise
taxes cut some other projects, raise taxes, or impose a rain fee/tax in
order to address all the drainage issues, but the latter two
alternatives are not acceptable. Miss Rapp stated she felt the committee
would be effective for the Edgehill community, but the problems in
Running Man and Woodlake are already being addressed.
Mrs. Noll stated the drainage issue was on the work session
schedule, and at that time the Board would be looking at the overall
drainage issue throughout the County. The County has identified the
problems; the Board of Supervisors needs to go over the list of
priorities and move forward. Mrs. Noll stated she felt the establishment
of a committee was premature until the Board knew all the facts.
After further brief discussion, by consensus the Board agreed to
establish a Drainage Committee with Mr. Wiggins to serve as the Board of
Supervisors Liaison.
Chairman Zaremba asked Mr. Stuck to work with Mr. Wiggins and
identify the staff members to work on the committee. He indicated all
the districts must be represented on the committee's membership, but the
number must be manageable.
Mr. Stuck noted that Mr. Wiggins had suggested that the
committee's goal be to identify specific problems and what has or has
not been done and come up with a proposal for a solution. He asked the
Board how broad it wished the scope of the project to be. He stated if
the committee were to identify all the drainage problems, it would not
be a short-term effort.
Chairman Zaremba stated the committee should wrestle with the
scope or magnitude of the problem and come back with a course of action.
He then asked Mr. Stuck to explain the improvements being made that were
contained in the Capital Improvements Plan which Miss Rapp mentioned.
Mr. Stuck summarized the six-year capital program for drainage,
stating the County was in its third year. The plan was funded at $3.2
million with expenditures planned within the six-year period, and there
was no plan to fund the plan after that. The projects in the plan were
prioritized based on certain criteria, the principal one being potential
damage to personal property. Mr. Stuck noted the plan contains
approximately 20 projects. He also noted that the County has an on-going
annual program whereby eight months out of the year, and with $100,000
for materials, County staff addresses certain minor drainage
improvements. This typically addresses three-four projects each year. He
stated this program was not as clearly prioritized, that it basically
responded to complaints.
Chairman Zaremba asked if those projects were ones that would
otherwise be the exclusive domain of VDOT or are they outside what VDOT
normally addresses.
Mr. Stuck stated he did not believe any of the projects were
strictly VDOT responsibility.
CITIZENS COMMENT PERIOD
Mr. Ralph E. Carr, 2313 Old York-Hampton Highway, indicated that
when the ditches in Edgehill were cleaned out, it dumped the water onto
Cook Road which backed up and flooded his den and a couple of other
houses on Falcon Road. He asked that when the drainage problems were
fixed in Edgehill the Highway Department provide an outlet for the water
to drain away from Cook Road and steer it toward Wormley Creek.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett apprised the Board of the Virginia Supreme Court
acting favorably for the County in the Dale vs. York County case with
respect to forestry operations in the County.
A brief discussion took place regarding the location of the Dale
property.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. Stuck indicated that at the last regular meeting, several
people expressed concern about the closing of New Quarter Park to
private reservations, and the Board members at that time indicated they
would consider its previous decision to open the park to the public and
forward a letter containing a decision on the reconsideration to the
affected parties. Mr. Stuck asked the Board for guidance regarding
preparation of the letter.
Chairman Zaremba asked the other Board members if they had any
wish to reconsider the staff's proposal for opening the park to the
public.
Mrs. Noll asked if it was agreed that the park would be open from
Memorial Day to Labor Day, and that it would be open to groups by
reservation from Labor Day to Memorial Day.
Chairman Zaremba indicated that was not the case, that if the
Board found the pilot program of opening the park to the public to be
successful, then the Board might decide to leave it open to the public
the rest of the year.
Mr. Stuck stated a work session has been scheduled in early August
to discuss policies, and staff ought to have some feel for how the park
being open to the public was working out by that time. He stated staff
should be able to let the people who had pending reservations know
something by the first week of September.
Chairman Zaremba indicated the Board needed to address whether or
not the park could accommodate the family and larger groups at the same
time.
Mr. Wiggins indicated the park was not set up for a campground. He
noted there were no proper facilities for large groups of campers.
Mr. Stuck then noted the Board had a work session scheduled for
May 9 to discuss the Tourism Fund allocations and the Board's goals and
implementation strategies. He asked the Board members to look at the
draft of the implementation strategies and provide other ideas as
necessary. Mr. Stuck also reminded the Board that dates were still
needed for scheduling a retreat with the Industrial Development
Authority and a joint meeting with the James City County Board of
Supervisors, and he asked the Board members to contact Mrs. Simmons with
their available dates.
MATTERS PRESENTED BY THE BOARD
Mr. Wiggins thanked the Board for establishing the Drainage
Committee, and he expressed his appreciation to Mr. Sharkey and the rest
of the Edgehill citizens who helped put on the presentation. He stated
the looked forward to working on the committee, and he asked each of the
Board members to provide him with the names of three individuals to
represent their districts on the committee.
Miss Rapp indicated the Fourth of July Committee was looking for
volunteers to help with the event this year, and she asked interested
persons to contact the Parks and Recreation Division. She spoke about
the appointments to the York County Youth Commission and the difficulty
she had choosing only two among the applicants in her district. She
encouraged the students who applied to stay involved in their community
even if they were not appointed this year.
Mr. Burgett provided a brief report on his activities during the
past week. He stated he had attended the Regional Issues Committee
meeting, and a joint resolution was being prepared from that meeting
regarding high speed rail service for the area. He also indicated he had
attended the AARP conference to provide greetings on behalf of the
County, and stated the AARP has a very interesting program for senior
citizens. On Thursday Mr. Burgett attended the first meeting of the
Peninsula Workforce Consortium, and he stated there was money for
training in jobs for people in York County and will be a good
opportunity for many York County citizens.
Chairman Zaremba asked how the County taps into that pool of
money.
Mr. Burgett indicated members were appointed to the Consortium
which is the agent for the funding.
Chairman Zaremba announced that for those interested in the Fort
Eustis Boulevard extension project VDOT would be holding its public
hearing on Wednesday, May 3, at York High School between the hours of
4:00 p.m. and 7:00 p.m. He then mentioned the Call 311 Program,
indicating York County does not have one at the present time. He asked
that the Board and staff consider such an information program that would
provide citizens access to County information given by people rather
than machines. Mr. Zaremba also noted that the County has a Citizens
Comment Line, and he asked that the Board be provided with feedback on
its success. He then addressed a draft one-page form that had been
developed by the County Administrator to be used to provide the Board
members with updates on the different issues and initiatives that were
currently being considered. He stated the Board members could look at
the form and see the current status. It would be a supplement to the two
massive documents of background information provided to the Board at the
last two Board meetings. Mr. Zaremba asked the Board members to provide
their suggestions and modifications concerning the form.
CONSENT CALENDAR
Mrs. Noll moved that the Consent Calendar be approved as
submitted, Item Nos. 1, 2, and 3, 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 meetings of the York County Board of
Supervisors were approved:
March 21, 2000, Adjourned Meeting
March 23, 2000, Adjourned
Meeting
April 4, 2000, Regular Meeting
Item No. 2. RENTAL SUBSIDY PROGRAMS: Resolution R00-60
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO TAKE ALL
ACTIONS NECESSARY TO ACCEPT FUNDING AND CONTINUE TO IMPLEMENT RENTAL
SUBSIDY PROGRAMS FUNDED THROUGH THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT AND THE VIRGINIA HOUSING DEVELOPMENT AUTHORITY
WHEREAS, the Board of Supervisors has a long standing commitment
to assisting the County's low and moderate income citizens in meeting
essential housing needs; and
WHEREAS, the rental subsidy programs funded and administered
through the U.S. Department of Housing and Urban Development and the
Virginia Housing Development Authority provide annual outside funding
that assists eligible County citizens.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 2nd day of May, 2000, that the County Administrator be,
and he is hereby, authorized to accept funding in the amounts offered
the County by the Virginia Housing Development Authority (VHDA), execute
any necessary grant agreement, contracts or other documents with VHDA
and to participate fully in the Section 8 Certificate, Voucher and
Moderate Rehabilitation Rental Subsidy Programs for FY2001; provided
that all documents shall be approved as to form by the County Attorney.
Item No. 3. TELEPHONE SERVICES AGREEMENT WITH THE YORK-POQUOSON
DEPARTMENT OF SOCIAL SERVICES: Resolution R00-66
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A
TELEPHONE SERVICE AGREEMENT WITH THE YORK/POQUOSON DEPARTMENT OF SOCIAL
SERVICES
WHEREAS, the Public Safety Building houses the York/Poquoson
Department of Social Services; and
WHEREAS, this Board desires to authorize the execution of
telephone service agreements with the York/Poquoson Department of Social
Services within the Public Safety Building; and
NOW THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 2nd day of May, 2000, that the County Administrator be,
and he is hereby, authorized to execute on behalf of the Board a
Telephone Services Agreement with the York/Poquoson Department of Social
Services for telephone services in the Public Safety Building. Said
agreement shall be in a form substantially similar to those attached to
the report of the County Administrator dated April 19, 2000, and to be
approved as to form by the County Attorney.
NEW BUSINESS
PUBLIC SEWER EXTENSION AGREEMENT-QUARTERMARSH ESTATES SECTION III
Mr. Stuck made a brief presentation regarding proposed Resolution
R00-48 to authorize an extension of the County's vacuum and gravity
sewer collection system to Quartermarsh Estates, Section III, and to
authorize the execution of the necessary public sewer extension
agreement. He indicated that typically such issues were placed on the
Consent Calendar, but this particular extension agreement was for the
vacuum sewer system, and regulations require the Board's approval of
such extensions. Mr. Stuck stated the staff was not recommending
approval of a grinder pump as requested because the staff felt the
extension of the existing vacuum system and allowing a portion of the
development to connect will be beneficial to the entire system.
Chairman Zaremba asked what role the County plays when it gets
involved in these extensions.
Mr. Stuck explained that the County approves the plans submitted
and provides inspections as the construction proceeds to ensure
compliance with the County's regulations. The only time the County
invests money in a project is when there is some specific facility such
as a pump station that is being enlarged because it would be cost
effective for the County. He stated the County has a regulatory and
oversight role, but it did not normally invest any construction dollars
into these projects.
Chairman Zaremba asked if these extension requests slowed down the
implementation of the County's sewer program.
Mr. Brian Woodward, Chief Engineer, stated it actually provided
more revenue to the system which helped the system move forward.
Mrs. Noll then moved the adoption of proposed Resolution R00-48
that reads:
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S VACUUM AND
GRAVITY SEWER COLLECTION SYSTEM TO A PROPOSED RESIDENTIAL DEVELOPMENT,
QUARTERMARSH ESTATES SECTION III, AND AUTHORIZING THE COUNTY
ADMINISTRATOR TO EXECUTE THE NECESSARY PUBLIC SEWER EXTENSION AGREEMENT
WHEREAS, John E. Matthews and Associates has requested that the
County allow the extension of the vacuum sewer collection system to
serve 17 properties in the proposed Quartermarsh Estates Section III
development located on Assessor's Parcels 30-137; and
WHEREAS, upon approval of the subdivision's development plan the
developer will have to enter into a public sewer extension agreement
pursuant to §18.1-53 (b) of the York County Code to serve the proposed
development; and
WHEREAS, it has been determined that sufficient capacity exists in
the County's vacuum sewer collection system to serve the proposed
development, or will exist when the facilities proposed by the developer
are constructed; and
WHEREAS, the Board has determined that the proposed development
will not have any detrimental effect on the environment that would not
otherwise occur; and
WHEREAS, the developer will pay to the County the applicable
inspection and connection fees in accordance with the terms of Chapter
18.1 of the York County Code and the Sanitary Sewer Standards and
Specifications; and
WHEREAS, prior to any further engineering or development of these
plans, it is necessary that a determination be made as to whether the
Board will authorize the extension of the vacuum sewer collection system
to serve the proposed development;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 2nd day of May, 2000, that the Board approves the
extension of the County's vacuum and gravity sewer collection system to
serve the proposed development, and that the County Administrator be,
and he hereby is, authorized to execute a public sewer extension
agreement with the developer for the proposed extension; such agreement
to be approved as to form by the County Attorney.
On roll call the vote was:
Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)
CLOSED SESSION. At 9:44 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;
Section 2.1-344(a)(7) pertaining to consultation with legal counsel
regarding actual litigation.
On roll call the vote was:
Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)
Mrs. Noll left the meeting at 9:45 p.m.
Miss Rapp left the meeting at 9:58 p.m.
Meeting Reconvened. At 10:21 p.m. the meeting was reconvened in
open session by order of the Chair.
Mr. Burgett 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 2nd day of May, 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: (3) Wiggins, Burgett, Zaremba
Nay: (0)
APPOINTMENT TO THE INDUSTRIAL DEVELOPMENT AUTHORITY
Mr. Burgett moved the adoption of proposed Resolution R00-63 that
reads:
A RESOLUTION TO APPOINT A MEMBER TO THE YORK COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY
WHEREAS, on March 17, 2000 H. Junior Coxton resigned his position
on the York County Industrial Development Authority;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 2nd day of May, 2000, that Bradley E. Berrane be,
and he is hereby appointed to the York County Industrial Development
Authority to fill the unexpired term of H. Junior Coxton, such term to
expire on June 30, 2000, and to serve a term of four years, such term to
begin July 1, 2000, and expire June 30, 2004.
On roll call the vote was:
Yea: (3) Burgett, Wiggins, Zaremba
Nay: (0)
Meeting Adjourned. At 10:30 p.m. Chairman Zaremba declared the
meeting adjourned to 6:30 p.m., Tuesday, May 9, 2000, in the East Room,
York Hall, 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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