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Regular Meeting
August 1, 2000
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board of
Supervisors was called to order at 7:00 p.m., Tuesday, August 1, 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, and James
S. Burgett.
Melanie L. Rapp was absent.
Also in attendance were Daniel M. Stuck, County Administrator; and
James E. Barnett, County Attorney.
Invocation. Chaplain Brian Finch, U.S. Coast Guard Reserve Training
Center
Pledge of Allegiance to the Flag of the United States of
America. Chairman Zaremba led the Pledge of Allegiance.
PRESENTATIONS
EMPLOYEE RECOGNITION PROGRAM
Mr. Robert S. Kraus, Director of General Services, made a brief
presentation recognizing the service of Michael B. Gardner and Billy C.
Hanrahan to the department and the County.
Chairman Zaremba then presented them with their 20-year service
pins and certificates and congratulated them on the longevity of their
service.
CITIZENS COMMENT PERIOD
Mrs. Jeanette Carter, 819 Baptist Road, spoke of a problem she was
having with getting help from Social Services regarding her
granddaughter attending Head Start at Yorktown Elementary School.
Mr. C. A. Barrs, 833 Railway Road, spoke of the need for emergency
medical assistance at his place of business last week. He stated a
911 call resulted in a response team being sent to his office in a
matter of minutes. The team consisted of Assistant Chief Bob
Brown, EMS Supervisor Greg Fleming, Station Officer Pat Murray,
Firefighters Ronnie Lewis and Ray Mountford, and Paramedic Joe Wollard
who responded with quiet and cool efficiency to stabilize a potential
heart attack victim. Mr. Barrs stated the team displayed total
professionalism and the ultimate in training and medical expertise,
while at the same time showing kindness and concern to the
patient. He thanked the County for providing the excellent
resource to the citizens of York County, and he presented letters of
commendation that he asked be placed in the personnel files of the
individuals involved.
Chairman Zaremba thanked Mr. Barrs for his presentation, stating
the Board was extremely proud of its Fire and Life Safety
personnel. He indicated it was very encouraging and rewarding to
have a report such as Mr. Barrs', and he thanked him on behalf of the
entire Board of Supervisors and the Fire and Life Safety staff.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett briefed the Board on the following topics:
President's Park: The appeal from the Board of Zoning/Subdivision
Appeals' decision with respect to which zoning category the project
falls under is scheduled tentatively for August 25 at 9:00 a.m.
There is a possibility that the case could get bumped to October.
Condemnation Case: G-Square, Inc.: Because of the number of
commissioners who were excused on July 26, there were not enough left to
proceed, and the matter won't be heard until sometime in November.
Discharge of Firearms Ordinance: A map has been secured showing
where in the County the discharge of firearms is currently
prohibited. An amendment will be prepared in time for the first
meeting in September showing possible areas where the Board might decide
to allow firearms use.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. Stuck stated the County had a good rain storm last week and
identified a number of additional drainage problems. He indicated
the Board had received a letter from Bell-Atlantic concerning a proposal
to make a change in the Hampton Roads area with telephone exchanges.
Staff has examined the alternatives in terms of impact on equipment and
operations and has indicated the County can handle either alternative at
the present time, so no comments were forwarded to Bell-Atlantic.
Mr. Stuck asked if the Board wished to forward comments or an official
position to let him know as soon as possible.
Mr. Burgett stated he had the opportunity to hear Mr. Griffith's
briefing through the Chamber of Commerce, and he did not think there
would be a negative impact by utilizing the overlay method.
Mrs. Noll expressed her agreement with Mr. Burgett.
Mr. Stuck indicated he understood that was what the industry was
supporting. He then stated the Board members could expect to see a
resolution on its agenda for the first meeting in September confirming
the establishment of the Office of Economic Development and moving the
three Industrial Development Authority (IDA) employees over to the
County. He stated he had met with all the IDA employees and given
them letters of offer. Everything has been worked out in terms of
benefits and transitioning. He indicated there are a number of
questions that the IDA will have to address, and its members would meet
on August 2 to discuss them. He stated the transition should be
finalized by the end of the month, and the official date for the move to
the County payroll is September 11.
MATTERS PRESENTED BY THE BOARD
Mr. Wiggins stated there was a Drainage Committee meeting on July
20 with 25 people in attendance. He stated he felt the members had
accomplished a lot in that they had pinpointed most of the problem areas
that caused the most concerns for the citizens. Between now and
the next meeting, the committee would be going out with staff and
visiting the sites to see what needed to be done. Mr. Wiggins
noted that by August 17 the committee would be able to tell the
representatives of the various communities what needed to be done and
what would work, as well as the proposed plans for rectifying the
situation.
Mrs. Noll spoke of the 2007 Commemoration for the 400th
anniversary of Jamestown, stating the planning has been on-going for two
years. She attended a committee meeting last week for community
planning, and she extended an open invitation for any of the other Board
members who wished to attend and help to please do so. Mrs. Noll
spoke of the various needs to be addressed for the celebration such as
infrastructure, roads, and transportation. She indicated she would
like for Mr. Baldwin to address the Board in the near future concerning
plans for the celebration in terms of the transportation needs.
She stated that in Yorktown the County was working hard to complete the
Riverwalk, and an air show would be coming to Newport News in 2003, and
all of this would be bringing many people to the Hampton Roads
area. Mrs. Noll encouraged the citizens to stayed tuned for
further information concerning the 2007 Commemoration. She then
spoke concerning the Daily Press series on the King William Reservoir
project and the need for water in the area. She urged the citizens
to read the series, become informed, and ask questions. Mrs. Noll
then indicated another initiative in the works was the proposal for
reversing lanes on I-64 in the event of a major storm or hurricane and
the need for evacuation. Discussions were just beginning, but a
lot of planning must be accomplished and difficulties overcome before
such a proposal can be made to work.
Mr. Burgett indicated he had met with a constituent last night who
was concerned about the Board's actions with the IDA. He noted the
Board had received criticism about the votes it had taken which were
divided along the male/female makeup of the Board, but stated that in
its 26 meetings, the Board members had voted 116 times. Of those votes,
he noted that only six were divided 3-2 which made their agreement rate
93 percent. Mr. Burgett stated this Board examines the facts, and
it was fallacy that the Board was so divided in its actions. He
then addressed the remarks made by Mr. Barrett at the last Regular
Meeting, indicating he wished that Mr. Barrett had called him because he
then would have had a more informed basis for his remarks. He
noted he had talked with a gentleman the previous evening who was upset
that the Board members did not have a conversational exchange with the
citizens who came to the Board meetings to speak, and he explained that
it was the policy of the Board not to respond during those times because
it was important to get the facts straight before doing so.
Chairman Zaremba briefly addressed the upcoming 2003 and 2007
celebrations, stating he hoped that the planners did not do what was
done with the recent OpSail 2000 with respect to the advance reporting
of the numbers of people that were expected. The information that
was put out for OpSail 2000 actually discouraged people from
attending. He then noted he would be having an old fashioned town
meeting at 7:00 p.m. on Monday, August 7, in the Board Room of York
Hall, and he invited all interested to attend. He indicated some
of the topics he would address were economic development, parking in
Yorktown, the two Wal-Mart initiatives, President's Park, New Quarter
Park, and the Riverwalk. He indicated the floor would be open to
other subjects as well. Chairman Zaremba then apprised the Board
of the answer he received from his request to VDOT to lower the posted
speed limit on Lakeshead Drive that runs to New Quarter Park. VDOT
conducted a survey, but determined there was not enough history to
substantiate a reduction in the speed limit at this time. He
stated VDOT did not answer his question concerning the movement of the
40 MPH sign closer to the intersection of Lakeshead and W. Queens Drive,
and he asked Mr. Stuck to check into it. Chairman Zaremba then
asked Mr. Stuck for an update on the initiative to televise the Board's
work sessions.
Mr. Stuck stated that Mr. Parker had indicated the equipment had
arrived and would be installed over the next 30-45 days.
CONSENT CALENDAR
Mr. Wiggins indicated he had contacted Mrs. Smith concerning Item
No. 2 on the Virginia Individual Development Account Program, and stated
he was amazed to learn that the County would be getting $100,000 in
grant funding as well as payment for administering the program. He
stated the program would cost the County nothing, and it would be used
for the people who were now under Section 8 or some type of housing
allowance to enable them to save up to $4,000 over a two-year period.
Mrs. Anne B. Smith, Director of Community Services, explained the
operation of the program and the savings/match to allow these
individuals to make down payments on homes, pay for educational
expenses, or start or expand their own businesses.
Mrs. Noll then moved that the Consent Calendar be approved as
submitted, Item Nos. 1, 2, and 3 respectively.
On roll call the vote was:
Yea: (4) Noll, Burgett, Wiggins, Zaremba
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 1. APPROVAL OF MINUTES
The following minutes of the York County Board of Supervisors were
approved:
June 13, 2000, Adjourned Meeting
June 20, 2000, Regular Meeting
June 24, 2000, Adjourned Meeting
June 27, 2000, Adjourned Meeting
Item No. 2. VIRGINIA INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM:
Resolution R00-119
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO TAKE ALL
ACTIONS NECESSARY TO IMPLEMENT THE VIRGINIA INDIVIDUAL DEVELOPMENT
ACCOUNT PROGRAM AND TO ACCEPT ANY GRANT FUNDS AWARDED TO THE COUNTY BY
VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
WHEREAS, the York County Board of Supervisors has a long standing
commitment to assisting the County's low income citizens in meeting
their housing needs and in becoming self-sufficient; and
WHEREAS, the Commonwealth of Virginia has offered York County a
$100,000 Virginia Individual Development Account (IDA) grant which will
provide funds to match the savings of those who participate in the
Family Self-Sufficiency component of the County's federally funded
rental subsidy programs for the purposes of paying educational expenses,
making down payments in the purchase of homes or for costs associated
with starting small businesses; and
WHEREAS, this program represents a valuable resource for the
County's citizens and significantly enhances self-sufficiency activities
implemented by the Community Services Department; and
WHEREAS, a portion of the grant funds can be used for
administration in conjunction with existing staff and resources,
therefore making it possible to implement this program with no local
fiscal impact;
NOW, THEREFORE BE IT RESOLVED by the York County Board of
Supervisors this the 1st day of August, 2000, that the County
Administrator be, and he is hereby, authorized to accept funding in the
amounts offered the County by the Virginia Department of Housing and
Community Development ("the Department") to execute any
necessary grant agreements, related contracts, or other documents,
subject to approval as to form by the County Attorney, to provide such
additional information to the Department as may be required by the terms
of the grant agreement, and to do all things necessary to implement the
Virginia Individual Development Account Program.
BE IT FURTHER RESOLVED that the County Administrator is authorized
to accept any subsequent offer of funding that would not exceed
available resources for any required matches and to increase amounts
appropriated in the FY2001 budget if and when funds become available and
to advise the Board of all such actions in writing.
Item No. 3. COLONIAL SERVICES BOARD ANNUAL PERFORMANCE CONTRACT:
Resolution R00-123
A RESOLUTION TO AUTHORIZE EXECUTION OF A CONTRACT BETWEEN THE
COUNTY OF YORK AND THE COLONIAL SERVICES BOARD FOR THE DELIVERY OF
SERVICES
WHEREAS, Section 37.1-195 of the Code of Virginia, 1950 as
amended, requires each locality to establish, singly or in combination,
a community services board for the provision of mental health, mental
retardation, and substance abuse services to its residents; and
WHEREAS, pursuant to this statutory provision, the County of York
has established the regional Colonial Community Services Board in
conjunction with James City County and the Cities of Williamsburg and
Poquoson; and
WHEREAS, Section 37.1-197(A)(2) requires local governments to
review and act on the Annual Performance Contract with the Community
Services Board and to make appropriate appointments to that Board; and
WHEREAS, the Board of Supervisors has reviewed the proposed
Performance Contract between the County of York and the Colonial
Community Services Board and found it to be acceptable;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 1st day of August, that the proposed FY2001 Annual
Performance Contract between the County of York and the Colonial
Community Services Board is approved and that the County Administrator
be, and he hereby is, authorized to execute the agreement and to take
all actions necessary to assure that services are delivered to the
citizens of York County.
NEW BUSINESS
HAMPTON ROADS CRIMINAL JUSTICE TRAINING ACADEMY
Mr. Barnett briefly explained the purpose of proposed Resolution
R00-125 to authorize the execution of an agreement with the cities of
Hampton, Newport News, Poquoson, Portsmouth, and Williamsburg, and the
County of James City establishing the Hampton Roads Criminal Justice
Training Academy. He noted it was a slightly revised agreement from that
which the County operated under previously with a slight difference in
the name and some fairly minor changes in the way the Academy operated.
He explained the difference in the composition of the Board of
Directors.
Mr. Wiggins expressed concern regarding the change in the way the
Board of Directors was selected from the jurisdictions, stating that
those localities which have a police department as well as a sheriff's
department get one more vote.
Chairman Zaremba stated the York County Sheriff represents both
York County and the City of Poquoson. He asked Mr. Barnett why the
composition was recommended for change.
Mr. Barnett stated it was a streamlining effort. It used to be
that the Chief Administrative Officer and the Law Enforcement Officer
for each locality were the representatives to the Board of Directors,
with one additional person representing those sheriff's departments
whose primary function was civil process and court security. York County
has always sent two representatives and will continue to have two
representatives.
Mr. Wiggins asked what the York County Sheriff thought of the new
agreement.
Mr. Stuck indicated that Sheriff Diggs had no problem with the
agreement. He indicated if the Board would look at how the agreement was
funded, it was not unreasonable because it was based on the number of
people being sent through the academy. He noted there were also some
outside agencies such as the College of William and Mary that were being
trained, but had no say at all. He concluded that the number of
representatives has been expanded but also diversified; no one locality
had a majority of the votes.
Discussion followed on the costs included in the Sheriff's budget
and that of the Department of Fire and Life Safety to train personnel
through the academy.
Mr. Burgett then moved the adoption of proposed Resolution R00-125
that reads:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AN
AGREEMENT WITH THE CITIES OF HAMPTON, NEWPORT NEWS, POQUOSON, PORTSMOUTH
AND WILLIAMSBURG, AND THE COUNTY OF JAMES CITY, ESTABLISHING THE HAMPTON
ROADS CRIMINAL JUSTICE TRAINING ACADEMY
WHEREAS, the County has for a number of years participated with
Hampton, Newport News, Poquoson, Portsmouth, Williamsburg, and James
City County in the establishment and operation of the Hampton Roads
Regional Academy of Criminal Justice; and
WHEREAS, parties to the Agreement have revised the Academy's
charter to more accurately reflect the current practices of the Academy
which incorporate the provisions of certain acts of the General Assembly
adopted since the creation of the Academy; and
WHEREFORE, the Board desires to enter into an agreement
establishing the Hampton Roads Criminal Justice Training Academy as a
continuation of the Hampton Roads Regional Academy of Criminal Justice;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 1st day of August, 2000, that the County
Administrator be, and he is hereby, authorized to execute for and on
behalf of the Board an agreement with the Cities of Hampton, Newport
News, Poquoson, Portsmouth and Williamsburg, and the County of James
City, establishing the Hampton Roads Criminal Justice Training Academy,
substantially in the same form transmitted to the Board by report of the
County Administrator dated July 18, 2000, provided that such agreement
be approved as to form by the County Attorney.
On roll call the vote was:
Yea: (4) Wiggins, Noll, Burgett, Zaremba
Nay: (0)
CLOSED MEETING. At 8:10 p.m. Mr. Burgett moved that the meeting be
convened in Closed Meeting 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: (4) Burgett, Noll, Wiggins, Zaremba
Nay: (0)
Meeting Reconvened. At 8:28 p.m. the meeting was reconvened in open
session by order of the Chair.
Mr. Wiggins 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 MEETING
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 1st day of August, 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: (4) Noll, Wiggins, Burgett, Zaremba
Nay: (0)
REAPPOINTMENTS TO THE YORK COUNTY ARTS COMMISSION
Chairman Zaremba moved the adoption of proposed Resolution R00-108
that reads:
A RESOLUTION TO APPOINT REPRESENTATIVES TO THE YORK COUNTY ARTS
COMMISSION
BE IT RESOLVED by the York County Board of Supervisors this the
1st day of August, 2000, that Joyce T. Ashton, Barbara T. Henry and
Sheila L. Myers, be and they are hereby, reappointed to the York County
Arts Commission for a term of three years, such term to begin August 1,
2000, and end July 31, 2003.
On roll call the vote was:
Yea: (4) Wiggins, Burgett, Noll, Zaremba
Nay: (0)
APPOINTMENTS TO THE YORK COUNTY BOARD OF ZONING/SUBDIVISION
APPEALS
Mrs. Noll moved the adoption of proposed Resolution R00-124 that
reads:
A RESOLUTION TO RECOMMEND THE APPOINTMENT OF TWO INDIVIDUALS TO
THE YORK COUNTY BOARD OF ZONING/ SUBDIVISION APPEALS
WHEREAS, Marvin D. Rhodes, Chairman of the York County Board of
Zoning/Subdivision Appeals, resigned from the Board effective June 26,
2000; and
WHEREAS, Mr. Rhodes term of office will expire on December 31,
2001;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this the 1st day of August, 2000, that Cynthia I. Barbeau,
who is currently an alternate member of the Board of Zoning/Subdivision
Appeals, be, and she is hereby, recommended for appointment to the York
County Board of Zoning/Subdivision Appeals, such term to begin
immediately and expire December 31, 2001.
BE IT FURTHER RESOLVED by the Board that Robert E. Beil, Jr., is
recommended for appointment as an alternate member to the Board of
Zoning/ Subdivision Appeals.
On roll call the vote was:
Yea: (4) Noll, Burgett, Wiggins, Zaremba
Nay: (0)
Meeting Adjourned. At 8:31 p.m. Chairman Zaremba declared the meeting
adjourned to 6:30 p.m., Tuesday, August 8, 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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