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Regular Meeting
January 4, 2001
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., Thursday, January 4,
2001, 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.
Also in attendance was James E. Barnett, County Attorney.
Invocation. William C. Parker, Public Information Officer, gave
the Invocation.
Pledge of Allegiance to the Flag of the United States of
America. Chairman Zaremba led the Pledge of Allegiance.
ORGANIZATION OF THE 2001 YORK COUNTY BOARD OF SUPERVISORS
Chairman Zaremba welcomed everyone to the first Board of
Supervisors meeting of 2001, and stated he felt it was going to be an
exciting year with a lot to be achieved. He explained that Miss Rapp had
resigned her seat at the District 5 Supervisor on January 3 having won
the special election to the House of Delegates. On behalf of the Board,
Chairman Zaremba wished Miss Rapp well, stating the Board looked forward
to working with her in her new capacity. He then noted that the agenda
this evening was very short with the only order of business being the
establishment of the Board's Rules of Procedure and the election of its
officers.
ESTABLISHMENT OF THE RULES OF PROCEDURE
Mrs. Noll stated she would vote against the Rules of Procedure
because they were the same as the ones drawn up and approved last year.
She stated her objection was that they were exclusive in that they
stated only York County residents could speak before the Board unless
otherwise permitted by the Chairman or Vice Chairman. Other rules were
also changed last year that gave more power to the Chairman and Vice
Chairman that were not present when this Board was elected.
Mr. Burgett indicated the Board passed these rules in January of
last year, and he had attended all the meetings held by the Board during
the year. He stated he had noted nothing but a positive impact because
of the new rules. Rules need to adapt and grow with people, and Mr.
Burgett stated he believed the rules have been very successful, and he
saw no reason to change them.
Chairman Zaremba stated, with respect to the Rules that were
adopted last year, he did not recall any person being denied the
opportunity to speak at one of the Board's meetings, whether or not they
were from York County or from another locality. He stated the change
last year was not made to empower the Board any more but to comply with
the obligation that some members of the Board made to the people of the
County that their priorities would lie first with the citizens. The
intention was to provide for the best interests of the County's
citizens, regardless of whether it was someone wanting to address the
Board or the decisions made by the members of the Board.
Mr. Burgett then moved the adoption of proposed Resolution R01-1
that reads:
A RESOLUTION TO ADOPT THE YORK COUNTY BOARD OF SUPERVISORS'
RULES OF PROCEDURE FOR 2001
BE IT RESOLVED by the York County Board of Supervisors this 4th
day of January, 2001, that the following Rules of Procedures be, and
they are hereby, adopted for 2001:
YORK COUNTY BOARD OF SUPERVISORS
RULES OF PROCEDURE
As Amended through January 4, 2001
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 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
Tuesday 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 Tuesday at 7:00
p.m. in the Board Room, York Hall. 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.
Section 1-2 Special Meetings
The Board of Supervisors may hold such special meetings, as it
deems necessary, at such times and places as it may find convenient; and
it may adjourn from time to time as it may find convenient and/or
necessary. As a general rule, no work sessions will be conducted during
the months of July or August other than those which may occur at the
beginning of a regular meeting. A special meeting of the Board of
Supervisors shall be called pursuant to Section 15.2-1416 of the Code of
Virginia, as amended.
Section 1-3 Annual/Semi-Annual Meetings
The first meeting held after the newly elected members of the
governing body shall have qualified and the first meeting held in the
corresponding month of each succeeding year shall be known as the annual
meeting; and the first meeting held in the sixth month thereafter shall
be known as the semi-annual meeting.
Section 1-4 Quorum and Method of Voting
At any meeting a majority of the supervisors shall constitute a
quorum. All questions submitted to the Board for decision shall be
determined by a viva voce vote of a majority of the supervisors voting
on any such question, unless otherwise provided by law. The name of each
member voting and how he or she voted must be recorded. The Board of
Supervisors has elected not to have a tie breaker as provided for by the
Code of Virginia, and a tie vote on any motion shall be considered
defeated as provided for in Section 15.2-1420.
Section 1-5 Procedure for Roll Call for Board Members
(1) The Chairman of the Board of Supervisors shall cast the last
vote.
(2) The Members of the Board of Supervisors shall cast votes in
district order on a rotating basis.
Section 1-6 Members Absenting Themselves from Meeting Prior to
Adjournment
After the name of any member of the Board has been recorded as
present at any meeting of the Board, the member shall not leave the
meeting previous to adjournment unless by consent of the Board.
Section 1-7 Board to Sit with Open Doors
The Board of Supervisors shall sit with open doors, and all
persons conducting themselves in an orderly manner may attend the
meetings. However, the Board may hold closed meetings as provided in the
Virginia Freedom of Information Act.
Section 1-8 Closed Meetings
A closed meeting shall be held when necessary.
SECTION 2 - OFFICERS
Section 2-1 Election and Term of Chairman and Vice Chairman
At the annual meeting of the Board of Supervisors, the Board shall
elect from its membership a Chairman and Vice Chairman, each of whom
shall serve for a term of one year expiring on December 31, or until
their respective successors shall have been elected. In the case of the
absence from any meeting of the Chairman and Vice Chairman, the members
present shall choose one of their number as temporary Chairman.
Section 2-2 Chair May Administer Oaths
The Chairman shall have power to administer an oath to any person
concerning any matter submitted to the Board or connected with its
powers and duties.
Section 2-3 Clerk
The Clerk of the Board shall be the County Administrator, whose
duties and responsibilities shall be those set forth in State law or
delegated by the Board of Supervisors.
Section 2-4 Parliamentarian
The County Attorney shall serve as the Parliamentarian.
Section 2-5 Preservation of Order
At meetings of the Board, the presiding officer shall preserve
order and decorum.
SECTION 3 - CONDUCT OF BUSINESS
Section 3-1 Order of Business
At regular meetings of the Board, the order of business shall be
as follows:
(a) Call to Order
(b) Invocation
(c) Pledge of Allegiance
(d) Roll Call of Members
(e) Highway Matters
(f) Presentations
(g) Citizens Comment Period
(h) Reports, Requests, and Recommendations of the County Attorney
(i) Reports, Requests, and Recommendations of the County Administrator
*(j) Matters Presented by the Board
(k) Public Hearings (8:00 p.m.)
(l) Unfinished Business
(m) Consent Calendar
(n) New Business
(o) Closed Meeting
*This time is generally used for individual Board members to share
information with other members of the Board and the public. Items
presented under this heading requiring action will be for future agenda
items or for additional information from staff members only. No item
presented under this heading or at any point during the meeting will be
acted upon at the meeting at which presented unless it is with the
unanimous consent of the Board that the item be put on the floor for
action.
Prior to the agenda being prepared, a member of the Board may
contact the Clerk and have an item included under this heading. The
County Administrator shall prepare a memorandum which will inform other
members of the Board of the particulars pertaining to this item.
Section 3-1.1 Consent Calendar
The Consent Calendar shall be introduced by a motion "To
approve the Consent Calendar," and shall be considered by the Board
as a single item.
There shall be no debate or discussion by any member of the Board
regarding any item on the Consent Calendar, beyond asking questions for
simple clarification.
On objection by any member of the Board of Supervisors to the
inclusion of any item on the Consent Calendar, that item shall be
removed from the Consent Calendar forthwith. Such objection may be
recorded at any time prior to voting on the motion to approve the
Consent Calendar. All such items shall be considered individually, in
the order in which they were objected to, immediately following
consideration of the Consent Calendar.
Approval of the motion to approve the Consent Calendar shall
constitute approval, adoption, or enactment of each motion, resolution,
ordinance, or other item of business thereon, exactly as if each had
been acted upon individually.
Section 3-2 Manner of Addressing Board Generally; Speaking Only on
Question Before Board
(1) Any person, including Board members, who speaks to the Board
shall address the Chair and shall confine comments to the question
before the Board.
(2) No person in attendance at a meeting of the Board shall be
permitted to address the Board while the members are considering any
motion, resolution or ordinance preliminary to a vote on the same,
except at the discretion of the Chair.
(3) During those times when the public is addressing the Board,
the Chair shall appoint a timekeeper who shall notify speakers and the
Board that the allotted time for addressing the Board has expired.
Speakers shall conclude their remarks at that time unless the consent of
the Board is affirmatively given to extend the speaker's allotted time.
(4) All presentations to the Board shall normally be limited to no
more than 10 minutes, except as hereinafter provided.
Section 3-3 Use of Offensive Language or Gestures; Sectarian or
Political Discussion
No member of the Board shall in debate at any meeting of the Board
use any language or gesture calculated to offend or insult another
member. No discussion of a sectarian or partisan character shall be
allowed at meetings of the Board.
Section 3-4 Priority in Speaking to Board
When two or more members of the Board wish to speak at the same
time, the Chairman shall name the one to speak.
Section 3-5 Speaking More than Once on Same Subject
In any debate before the Board, no member of the Board shall speak
more than once on the same question until all the others have spoken who
desire to do so, nor more than twice on the same question, unless by
consent of the Board.
Section 3-6 Form of Petitions, etc.
Every petition, communication, or address to the Board shall be in
respectful language and, except in cases where it is otherwise allowed,
shall be in writing.
Section 3-7 Motions
No proposition shall be entertained by the Chairman until a motion
for the same has been duly made. No motion shall require a second. The
Chairman may make a motion without vacating the Chair.
Section 3-8 Decision on Points of Order
The Chairman, when presiding at a meeting of the Board, without
vacating the Chair, may give reasons for any decision made by the Chair
on any point of order, and such decision shall be made without debate.
Section 3-9 Same; Appeal to Board
Any member of the Board may appeal to the Board from the decision
of the Chairman on any question of order, a majority vote of those
present being necessary to over-rule the Chairman.
Section 3-10 Motion to Adjourn
At a meeting of the Board, a motion to adjourn shall be always in
order and shall be decided without debate.
Section 3-11 Motions While a Question is Under Debate
When a question is under debate at a meeting of the Board, no
motion shall be received unless it be one to amend, to commit, to
postpone, to ask for the previous question, to make a substitute motion,
to lay on the table, or to adjourn.
Section 3-12 Reconsideration of Motions, etc., Upon Which Vote Has Been
Announced
At any meeting of the Board, when any vote upon any motion,
resolution, ordinance, or question has been announced, it may be
reconsidered on the motion of any member who voted with the prevailing
side, provided that such motion shall be made at the session of the
Board at which it was decided. Such motion shall be decided by a
majority of the votes of the members present, unless a greater number of
votes was required to pass the measure, in which event the motion to
reconsider shall not prevail, except upon the vote of as great a number
of members as was required to pass the measure.
For the purpose of this Section, "session" shall include
any adjourned or special meeting occurring prior to the next Regular
Meeting.
Section 3-13 Suspending Rules
The rules of the Board may be suspended with the unanimous
concurrence of the members present.
Section 3-14 Robert's Rules of Order
The proceedings of the Board, except as otherwise provided in the
Rules of Procedure and by applicable State law, shall be governed by
Robert's Rules of Order.
SECTION 4 - PUBLIC HEARINGS
Section 4-1 Speakers
At every public hearing, speakers wishing to address the Board
shall clearly state their name and address. All speakers, except as
hereinafter provided, shall limit their remarks to three (3) minutes.
Speakers may not yield any unused portion of their speaking time to
others. Staff presentations should be concise and normally limited to no
more than ten (10) minutes except when necessary to properly inform the
public of the issue before the Board. The applicant in a land use case
or his/her representative(s) shall be allowed a maximum of ten (10)
minutes to present their case. Each speaker shall be limited to one
appearance at each public hearing, except at the discretion of the
Chair, and only after all other speakers have been given an opportunity
to be heard on the subject being considered.
The order of business for public hearings shall be:
-- staff presentation
-- applicant's presentation (if any)
-- public comments
Section 4-2 Members' Participation
Board members shall limit their comments in public hearings to
insure participation by the public without Board interference.
Section 4-3 Close of Hearing
When a public hearing shall have been closed by the order of the
Chairman of the Board, no further public comments are in order.
SECTION 5 - AGENDA
Section 5-1 Preparation
The Clerk shall prepare an Agenda for each regular meeting
conforming to the order of business specified in Section 3-1 under Order
of Business. Except as permitted at the discretion of the Clerk, every
item to be placed on the Agenda shall be received in the Office of the
County Administrator before the close of the work day on the Thursday
two weeks prior to any regular meeting of the Board. Prior to
publication of the agenda, the Clerk shall coordinate recommended agenda
subjects for approval with the Chairman, or with the Vice Chairman in
the Chairman's absence.
Section 5-2 Delivery
The agenda shall be received by each member of the Board and the
Attorney to the Board at least 48 hours prior to the meeting.
Section 5-3 Posting
A copy of the Agenda shall be posted on the door to York Hall at
least 48 hours prior to the meeting.
Section 5-4 Copies
The Clerk to the Board shall prepare or cause to be prepared extra
copies of the Agenda and shall make the same available to the public in
the Office of the County Administrator at the same time the Agenda is
posted pursuant to Section 5-3. The Clerk shall also have copies
available at each meeting.
Section 5-5 Request to Appear Before the Board of Supervisors
Any citizen (individual, firm, association, or corporation)
desiring to appear before the Board of Supervisors shall make a request
to the Clerk or the Clerk's designee and receive approval; however, no
written application or approval shall be required in order to speak to
the Board during Citizens Comment Period or at public hearings.
Section 5-5.1 Citizens Comment Period
During Citizens Comment Period, speakers wishing to address the
Board shall clearly state their name and address. Unless approved by the
Chairman, or by the Vice Chairman in the Chairman's absence, only York
County citizens or persons who own property or businesses in the County
shall be allowed to address the Board during the Citizens Comment
Period. Speakers shall limit their remarks to three (3) minutes and may
not yield any unused portion of their speaking time to others. Each
speaker shall be limited to one appearance at each Regular Meeting of
the Board. Speakers shall be limited to speaking on the same subject not
more than three times within any 12-month period.
SECTION 6 - GENERAL CONDUCT AND DECORUM
Section 6-1 Conduct of Public
The efficient and dignified conduct of public business is the
ultimate concern of the Board. Accordingly, it is the policy of the
Board that its meetings be conducted with the highest degree of order
and decorum. The Board's integrity and dignity will be established and
maintained at all times during the conduct of public business, and the
Board will permit no behavior which is not in keeping with this policy.
The soliciting of funds, the use of abusive or profane language,
personal attacks on Board members, the failure to comply with time
limits on speakers, or other forms of offensive conduct will not be
tolerated. The Chairman will maintain proper order at all times during
all meetings of the Board and shall effect the removal from any meeting
of any person guilty of offensive conduct if the offending party fails
or refuses to cease such conduct.
Section 6-2 Board Action; effect
The Board of Supervisors is charged with administering County
functions. Primary among these many functions is making policy with
majority vote required to effect policy implementation.
The County Administrator is employed by the Board to supervise the
execution of County functions in the interim between meetings of the
Board. The County Administrator may be delegated as much or as little
authority as the governing body desires.
The Board of Supervisors bears the responsibility for successful
operation of County government and its functions. Each supervisor is
responsible for knowing Board policy and its intent.
The Chairman of the Board of Supervisors is directly responsible
for overseeing the implementation of policy by the County Administrator
and ensuring that implementation is consistent with the spirit and
intent of the Board's actions. In the event that an action or actions
may be necessary without the ready consensus of the Board, the Chairman
shall have the discretion to authorize the County Administrator to take
interim measures until the Board can meet and make any necessary
decision.
On roll call the vote was:
Yea: (3) Wiggins, Burgett, Zaremba
Nay: (1) Noll
ELECTION OF CHAIRMAN
Chairman Zaremba opened the floor to nominations for the office of
Chairman of the York County Board of Supervisors for 2001.
Mr. Wiggins nominated James S. Burgett for the office of Chairman.
Mrs. Noll moved that the nominations for the office of Chairman be
closed.
On roll call the vote was:
Yea: (4) Wiggins, Burgett, Noll, Zaremba
Nay: (0)
Mr. Wiggins then moved that James S. Burgett be elected as
Chairman of the York County Board of Supervisors for 2001.
On roll call the vote was:
Yea: (4) Burgett, Noll, Wiggins, Zaremba
Nay: (0)
ELECTION OF VICE CHAIRMAN
Chairman Burgett then opened the floor to nominations for the
office of Vice Chairman of the York County Board of Supervisors for
2001.
Mr. Zaremba nominated Donald E. Wiggins for the office of Vice
Chairman of the York County Board of Supervisors for 2001.
Mr. Zaremba moved that the nominations for the office of Vice
Chairman be closed.
On roll call the vote was:
Yea: (3) Zaremba, Wiggins, Burgett
Nay: (1) Noll
Mr. Zaremba then moved that Donald E. Wiggins be elected as Vice
Chairman of the York County Board of Supervisors for 2001.
On roll call the vote was:
Yea: (3) Wiggins, Zaremba, Burgett
Nay: (1) Noll
CITIZENS COMMENT PERIOD
Mr. Robert Bazzani, 121 Shirley Drive, congratulated Mr. Burgett
and Mr. Wiggins on their elections. He spoke about the pending
appointment to be made for District 5 Supervisor, stating he felt he was
uniquely qualified for the position. He stated he had run for the
position before, just recently against Miss Rapp. Mr. Bazzani stated he
has knocked on doors and met with the constituents, and over 600
residents in District 5 voted in the last election for him to represent
them. He stated he hoped the Board members would listen to the voters
and appoint him as the District 5 Supervisor.
Mr. Harry Ramsey, 300 Broken Bridge Road, congratulated the new
Chairman and Vice Chairman, and indicated he was present regarding a
notification sent out 30 days ago concerning the development of a
300-unit apartment complex on Broken Bridge Road. He noted that some
residents received the notice and some did not. The major problem was
that there was an engineering report that was not mailed out with the
notification which provided information that the residents should know
about concerning the drainage situation. Mr. Ramsey asked for a 30-day
extension regarding approval of the development so that the residents
will have the opportunity to review and respond to the engineering
report.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett stated that in the next few days he would file a
petition in Circuit Court asking for a special election in November for
the District 5 Supervisor seat. He then addressed the upcoming session
of the General Assembly, stating he had not received as much new
legislation as he had thought he would. He stated that HB1650 would
amend a current statute regarding VDOT's obligation to not only protect
road surfaces, but to also maintain the drainage ditches adjacent to all
of them off major roadways. Mr. Barnett stated this was apparently an
issue in other parts of the State as well as York County.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. J. Mark Carter, Assistant to the County Administrator,
indicated the rezoning application of the Kings which was mentioned by
Mr. Ramsey earlier was withdrawn so that they could reconfigure the
proposal and resubmit it to the Planning Commission in early February.
MATTERS PRESENTED BY THE BOARD
Mrs. Noll wished everyone a Happy New Year, stating it was going
to be a very interesting year. She noted that today she attended a joint
hearing in Williamsburg by the Appropriations Committees of the Senate
and the House. She stated they were taking testimony from citizens to
see what their concerns were. Mrs. Noll noted that mental health,
funding for the arts, and funding for cities which have ports and their
resulting big maintenance expenses, and which are not receiving the
financial assistance they need from the State, were the highest
priorities of the speakers. She also noted that people were very upset
about the pending closure of Eastern State Hospital, indicating an
alternative needs to be found.
Mr. Wiggins stated that 2000 had been a very rewarding year for
him, and he reviewed some of the accomplishments of the Board including:
Lighting at Seaford Elementary School Athletic Field
Gymnasium at Seaford Elementary School
Maintenance of Industrial and Commercial Property
Meetings with Citizens on issues directly affecting their way of
life
Drainage improvements proposals
Improvements to Route 17
Mr. Wiggins stated his agenda was to serve the people, and he
intended to continue to do just that.
Mr. Zaremba wished everyone the very best for 2001, and expressed
his wish that everyone had an enjoyable and safe holiday season. He
thanked the citizens of York County and its staff for giving him the
privilege and opportunity to serve during the past year as Chairman of
the Board. He stated that during the past 12 months there were some
remarkable achievements, and the Board now looked to the next 12 months
to address top priority issues such as education. The Board of
Supervisors has a close working relationship with the School Board, and
the Board will work to maintain and continue to improve on an already
outstanding school division. Another high priority is the right kind of
economic development for the County in order to keep the real estate tax
rate down. Mr. Zaremba stated the Board expects the $.86 tax rate to be
maintained for the coming year. The same philosophy goes toward
growth-the Board wants to make sure that growth is consistent with the
Zoning Ordinance and is where it should be in terms of what it does and
doesn't allow. Mr. Zaremba also indicated the Board will continue to
encourage citizen participation in County government and making County
government more responsive and accountable to the citizens.
Chairman Burgett thanked the staff for a very successful year,
noting the employees' response to the Board's emphasis on customer
service has been outstanding. The Board will be outlining a vision for
where the County is going and how it will attain its goals. Chairman
Burgett then reviewed the appointment process for the District 5
Supervisor position, indicating that the following four individuals had
submitted resumes:
Robert Bazzani
Thomas Shepperd
Bill Townsley
H. R. "Dick" Ashe
Chairman Burgett noted that the resumes were on the web site and
would be made available in the County's library branches, and he asked
anyone else wishing to submit their name for consideration to provide a
resume to the Office of the County Administrator by January 12.
Mrs. Noll expressed her agreement with putting the resumes on the
website along with placing comments received from the citizens of
District 5.
CLOSED SESSION. At 7:50 p.m. Mr. Wiggins moved that the meeting be
convened in Closed Session pursuant to Section 2.1-344(a)(1) of the Code
of Virginia pertaining to the appointment of a specific County Officer.
On roll call the vote was:
Yea: (4) Wiggins, Zaremba, Noll, Burgett
Nay: (0)
Meeting Reconvened. At 8:02 p.m. the meeting was reconvened in
open session by order of the Chair.
Mr. Zaremba 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 4th day of January, 2001, 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) Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Meeting Adjourned. At 8:07 p.m. Chairman Burgett declared the
meeting adjourned sine die.
_____________________________
_______________________________
Daniel M. Stuck,
Clerk
James S. Burgett, Chairman
York County Board of
Supervisors
York County Board of Supervisors
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