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Regular Meeting
January 16, 2001
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, January 16,
2001, in the Board Room, York Hall, by Chairman James S. Burgett.
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 were James O. McReynolds, County Administrator;
and 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 Burgett led the Pledge of Allegiance.
PRESENTATIONS
INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARDS AND COMMISSIONS
Chairman Burgett introduced and welcomed Mrs. Elizabeth Rogers as
the newest member appointed to the York County Library Board, and he
presented her with a Boards and Commissions Handbook and York County
pin.
NEW BUSINESS
APPOINTMENT OF INTERIM COUNTY ADMINISTRATOR
Chairman Burgett explained that the Board planned a nationwide
search for a new County Administrator, but in the meantime they felt
very fortunate to have Mr. McReynolds fill the position.
Mrs. Noll moved the adoption of proposed Resolution R01-9 that
reads:
A RESOLUTION TO APPOINT AN INTERIM COUNTY ADMINISTRATOR PURSUANT
TO SECTION 15.2-1540 OF THE CODE OF VIRGINIA AND TO CONFER UPON THE
APPOINTEE THE POW-ERS AND DUTIES PROVIDED BY LAW
WHEREAS, the position of County Administrator was vacated on
January 15, 2001, by the resignation of Daniel M. Stuck; and
WHEREAS, it is imperative that the position of County
Administrator be filled on an interim basis to assure continued
performance of the duties provided by law, including especially those
set forth in Section 15.2-1541 of the Code of Virginia as amended, in
order to maintain order and continuity of administration;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 16th day of January, 2001, that James O. McReynolds be,
and is hereby, appointed to the position of Interim County Administrator
for York County pursuant to Section 15.2-1540 of the Code of Virginia
with such appointment to be effective on January 16, 2001.
BE IT FURTHER RESOLVED that upon assuming the duties as Interim
County Administrator, Mr. McReynolds shall take the oath of office as
set forth in Section 49-1 of the Code of Virginia and shall give bond
before the Clerk of the Circuit Court of York County with surety
approved by such Clerk in the amount of $2,000. The premium for said
bond shall be paid by the Board of Supervisors out of the General Fund.
BE IT STILL FURTHER RESOLVED that upon appointment as Interim
County Administrator of York County, Mr. McReynolds be, and is hereby,
authorized to perform any and all of those duties of the County
Administrator as described in Section 15.2-1541 and other sections of
the Code of Virginia, as amended, and as prescribed in the policies and
ordinances of York County, and otherwise as may be directed by the York
County Board of Supervisors.
On roll call the vote was:
Yea: (4) Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Mr. McReynolds expressed his appreciation for the appointment,
stating he felt it was an honor and privilege to work with the Board in
this capacity. He stated he looked forward to working with the Board and
staff to maintain the many successes of the County.
CITIZENS COMMENT PERIOD
Mr. James A. Vaughn, 512 Wildey Road, Vice President of Classic
Charters, Inc., indicated he had purchased the previous Wildey Marina,
and he spoke of the problem he was having with boat traffic in the river
not adhering to the no wake regulations and the lack of adequate signage
on which the courts could issue summonses. Mr. Vaughn also spoke about
the amount of traffic on and condition of Wildey Road. He stated he was
putting in a great deal of money to upgrade the marina, and he asked the
Board to consider doing something about this matter by bringing it to
the attention of VDOT.
Mr. Tom Shepperd, 134 Stone Lake Court, thanked everyone who wrote
to the Board of Supervisors on his behalf concerning his candidacy for
the District 5 Supervisor's position. He then discussed his
qualifications for the position, including his previous military
experience and civic involvement. He spoke of the issues he felt would
face the County in the future as well as those affecting the County
today.
Mrs. Janice Farley, 205 Terry's Run, spoke of her experience as a
career volunteer and her over 20 years in the County. She stated she
understands the needs of the people in the community, and spoke of her
tenure on the Library Board and the growth of the library system in the
County over the past several years. She indicated the County needed to
work with VDOT to improve the road system and its ditches, and there was
a need to provide customer service and community relations with the
residents. Mrs. Farley noted that York County has excellent schools and
a strong budget. She stated she would fill a area not currently
represented on the Board since she has a child in the school system.
Mr. H. R. Ashe, 307 Shackleford Road, asked for the Board's
support for the appointment to the District 5 Supervisor's position. He
spoke of his involvement in the community over the past 28 years,
stating he has a lot of experience working with numerous community
projects. He stated he feels he has an understanding of the intricacies
of the County's Zoning Ordinance which should be a valuable asset to the
Board. Mr. Ashe stated York is a beautiful county, and the quality of
life is superior and needs to be continued.
Mr. Bill Townsley, 200 Freeman's Trace, requested the Board's
appointment to the District 5 Supervisor's position. He stated he has
been involved in York County and is currently a substitute teacher in
the York County school system. If appointed, Mr. Townsley stated he was
not sure if he would run for the seat in November, but he would give it
his best for the remainder of the year. He stated this was a very
difficult decision for the Board, and he indicated he had the time to
dedicate to the needs of the County.
Mr. Robert Bazzani, 121 Shirley Drive, stated he was a long-time
resident of the County, and he has seen the County grow since 1966. He
indicated he was a true product of the County, stating he attended the
County's school system and was a prime example of a person who knows the
County. He stated he felt he was best qualified for the position, and he
would run again in November if selected. Mr. Bazzani asked the Board
members for their support.
HIGHWAY MATTERS
Mr. John Massur, Assistant Resident Engineer, Virginia Department
of Transportation (VDOT), appeared to discuss highway matters of
interest to the Board of Supervisors. He indicated he had nothing new to
share with the Board, but would respond to issues brought up at the last
meeting. He stated he forwarded traffic concerns to the District Office
regarding speed signs and issues brought up by Mr. Wiggins. He also
noted the Department would take a look at what might be done about
Wildey Road.
Mr. Wiggins indicated one of the members of the Transportation
Safety Commission met with him and brought with him a pile of signs he
had collected from telephone poles. He asked if VDOT could do anything
about taking these signs down.
Mr. Massur stated if anyone knows where there are such signs, they
should contact VDOT's Maintenance headquarters or the Residency to have
them taken down. VDOT is the only authorized agency to remove signs in
the rights-of-way unless an organization has adopted a particular
roadway to maintain. Mr. Massur stated the Department would look into
who was putting the signs up.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett addressed the issue of no wake zones, indicating there
was a statute that allowed individuals wanting no wake signs to request
them by application to the Board of Supervisors. The Board then would
forward the application to the Department of Game and Inland Fisheries
with a recommendation. He noted the application for Mr. Vaughn's
application has been circulated for staff comment, and he was hoping to
have the matter on the Board's next Regular Meeting agenda. Mr. Barnett
then addressed the General Assembly session, stating he had received a
15-inch stack of documents to review. He then reviewed several of the
bills regarding taxing authority, land condemnations, procurement,
septic tank pump-outs, impact fees for developers, and transportation.
Mr. Barnett next provided the Board with an update on the York Town
Trustees agreement, reminding the Board members that they have spent
nearly 1 ½ years trying to enter into a new agreement to allow the
County to develop the waterfront consistent with the Yorktown Master
Plan. He stated at the present time there is a 3:2 split among the
Trustees, and the two opposed are threatening to go to court if the
agreement is signed. Mr. Barnett then apprised the Board that the
Williamsburg City Council was looking into the possibility of annexing
approximately 3,000 acres of property owned by the City in York County.
Although the County was declared immune from annexation from cities, and
the General Assembly imposed a moratorium on city annexations, the
moratorium may not prevent an owner of land to annex property. The
property in question is owned by the City and for the most part
surrounds the Waller Mill Reservoir, and most or all of the property in
undevelopable. Mr. Barnett expressed his intent to solicit assistance in
this matter from Delegate Rapp, VACo, and VML.
Discussion followed regarding the bill before the General Assembly
aimed at giving counties the same taxing authority as cities and towns.
Mr. Zaremba indicated for the last nine months there had been a
major effort on the part of the cities to convince the General Assembly
and the Governor to share in the income tax structure of the state, and
he asked if any bills had come in on that subject.
Mr. Barnett indicated there had not been any such bill received,
although it has been discussed among local governments.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds indicated that in its materials this evening the
Board had received the proposed Capital Improvements Program (CIP) for
2002-2007, and he explained the process to be followed for the FY2002
budget season. He noted that budget requests from staff were due to
Financial and Management Services on November 17, 2000, and the work
session next week on the proposed CIP would be the first on the FY2002
budget. After a series of work sessions, a public forum, and a public
hearing, the budget schedule plans adoption of the FY2002 budget on
April 3, 2001.
MATTERS PRESENTED BY THE BOARD
Mrs. Noll congratulated Mr. McReynolds and thanked him for taking
the interim County Administrator position. She also expressed
congratulations to Mr. Stuck, former County Administrator, on his new
position as City Manager for the City of Portsmouth. She then thanked
all residents of District 5 who took the time to contact the Board
members regarding the applicants for the District 5 seat on the Board.
She noted it was going to be a very difficult decision, but the
candidates felt that the decision should be a unanimous one, and she
would honor that wish.
Mr. Zaremba read excerpts from a May 22, 2000, Daily Press article
regarding citizens being too dependent on real estate taxes. The article
indicated that if tax exempt properties were eliminated, the localities
could greatly reduce the real estate tax rate. He spoke of how the state
has refused to commit to providing a share of the income or sales taxes
back to the localities, yet it continues to require the localities to
provide services without providing any additional funding to support the
required services. Mr. Zaremba stated he shared this information as a
warning to the citizens.
Meeting Recessed. At 7:55 p.m. Chairman Burgett declared a short recess.
Meeting Reconvened. At 8:00 p.m. the meeting was reconvened in
open session by order of the Chair.
PUBLIC HEARING
WATERLINE EASEMENT VACATION-COLONY DRIVE
Mr. Barnett made a presentation on proposed Resolution R01-2 to
authorize the execution of a quitclaim deed conveying to the
Commonwealth of Virginia the County's interest in a waterline easement
located within the right-of-way of Colony Drive.
Chairman Burgett then called to order a public hearing on proposed
Resolution R01-2 which was duly advertised as required by law and is
entitled:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A
QUITCLAIM DEED CONVEYING TO THE COMMONWEALTH OF VIRGINIA THE COUNTY'S
INTEREST IN A WATERLINE EASEMENT LOCATED WITHIN THE RIGHT-OF-WAY OF
COLONY DRIVE
There being no one present who wished to speak concerning the
subject resolution, Chairman Burgett closed the public hearing.
A brief discussion followed regarding Kings Gate Parkway now being
Mooretown Road.
Mrs. Noll then moved the adoption of proposed Resolution R01-2
that reads:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A
QUITCLAIM DEED CONVEYING TO THE COMMONWEALTH OF VIRGINIA THE COUNTY'S
INTEREST IN A WATERLINE EASEMENT LOCATED WITHIN THE RIGHT-OF-WAY OF
COLONY DRIVE
WHEREAS, the Board desires for the Virginia Department of
Transportation (VDOT) to accept the right-of-way of Colony Drive for
public maintenance as part of the State's system of highways; and
WHEREAS, in connection with such acceptance, VDOT has requested
that the County quitclaim to VDOT a certain waterline easement lying
within the right-of-way of Colony Drive, as such easement is recorded in
Deed Book 579, page 566, among the land records of York County, such
quitclaim to be subject, nonetheless, to the continued right of the
County to maintain the waterline within Colony Drive; and
WHEREAS, this Board has determined, following the holding of a
duly advertised public hearing, that such conveyance of the easement to
VDOT benefits the public interests;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 16th day of January, 2001, that the Board authorizes
the County Administrator to sign a deed of quitclaim conveying to VDOT
the County's interest in the above-referenced waterline easement,
subject to the continued right in the County to leave the waterline
easement in place pursuant to a permit to be issued by VDOT, such deed
to be approved as to form by the County Attorney.
On roll call the vote was:
Yea: (4) Noll, Wiggins, Zaremba, Burgett
Nay: (0)
MATTERS PRESENTED BY THE BOARD (Continued)
Mr. Wiggins spoke of the activities of the Drainage Committee,
noting it is coming closer to bringing its results to the Board of
Supervisors. At the last meeting of the committee, each member brought
to the table a list of that district's priorities, and they were turned
over to staff to further prioritize and set dollar amounts on the
projects. At the next meeting the committee members will go over staff's
proposal outline. Mr. Wiggins stated he hoped the results would be
brought to the Board in February.
Chairman Burgett indicated he had visited the newly renovated
library in Yorktown, and stated he felt the renovations were very well
done. He then stated he had attended a joint meeting of the Workforce
Investment Board and Consortium, and he explained that it was a group of
elected leaders and business people making a concerted effort to provide
training to people in many different skills, young and adult, with the
use of available federal money. He stated a new facility was being
constructed at Thomas Nelson Community College to serve many local
jurisdictions, and it will provide individuals with opportunities to
learn new skills needed for the future. Chairman Burgett then stated
that the annexation proposal by Williamsburg had him very concerned, and
he stated if the city pursues such action, it will not proceed easily.
He questioned the city's reason for the annexation action, which was
declared to be protecting the City's property interest, and stated he
has directed staff to come up with a report on growth in York County
which will be made available to the citizens in Citizen News.
CONSENT CALENDAR
Mr. Zaremba asked that Item No. 2 be removed from the Consent
Calendar.
Mr. McReynolds asked that proposed Resolution R01-12 to appoint
James O. McReynolds to the Hampton Roads Planning District Commission be
added to the Consent Calendar.
Mrs. Noll moved that the Consent Calendar be approved, as amended,
with the deletion of Item No. 2 and the addition of proposed Resolution
R01-12.
On roll call the vote was:
Yea: (4) Wiggins, Zaremba, Noll, Burgett
Nay: (0)
Thereupon, the following resolution was adopted:
APPOINTMENT TO THE HAMPTON ROADS PLANNING DISTRICT COMMISSION:
Resolution R01-12. (Added to Consent Calendar)
A RESOLUTION TO APPOINT THE INTERIM CHIEF ADMINISTRATIVE OFFICER
OF YORK COUNTY TO THE HAMPTON ROADS PLANNING DISTRICT COMMISSION
WHEREAS, Daniel M. Stuck, York County Administrator, resigned his
position effective January 15, 2001; and
WHEREAS, Mr. James O. McReynolds has been appointed to serve as
Interim County Administrator;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 16th day of January, 2001, that James O.
McReynolds, Interim County Administrator for the County of York, be and
he is hereby appointed to the Hampton Roads Planning District Commission
to fill the unexpired term of Daniel M. Stuck, such term to expire June
30, 2002, or at such time as a new full-time County Administrator is
appointed.
Item No. 2. PUBLIC SEWER EXTENSION AGREEMENT-RUNNING MAN SECTION 9:
Proposed Resolution R01-8. (Removed from Consent Calendar)
Mr. Zaremba stated the School Board projections for the next
fiscal year shows only an increase of 12 students. He asked how the
addition of 136 homes will affect that projection.
Mr. John Hudgins, Director of Environmental and Development
Services, stated that the projected buildout of the development has been
considered in making the projections; this is only one phase of the
entire Running Man Subdivision.
Mr. Zaremba indicated he pulled the item from the Consent Calendar
because the memorandum did not provide the Board with the information it
needed regarding the impact on schools, public safety, etc. He asked
that in the future these factors be included in the staff memorandum. He
stated the Board needed an economic analysis on these extensions.
Mr. Zaremba then moved the adoption of proposed Resolution R01-8
that reads:
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY
SEWER SYSTEM TO THE PROPOSED DEVELOPMENT, RUNNING MAN SECTION 9, AND
AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC SEWER EXTENSION
AGREEMENT
WHEREAS, Running Man Development Company 3, LLC, has requested
that the County enter into a public sewer extension agreement pursuant
to § 18.1-53 (b) of the York County Code to serve 136 residential lots;
and
WHEREAS, the plan for the proposed project has been reviewed by
the County; and
WHEREAS, prior to final approval of these plans and the initiation
of any construction activity, it is necessary that a determination be
made as to whether the Board will authorize the extension of the public
sewer facilities of the County to serve the proposed development; and
WHEREAS, it has been determined that sufficient capacity exists in
the County's existing sewer system to serve the proposed development, or
will exist when the facilities proposed by the developer are
constructed; and
WHEREAS, in accordance with the terms of Chapter 18.1 of the York
County Code the total connection fee to be paid to the County for the
proposed extension to serve this development has been determined to be
$255,000.00;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 16th day of January, 2001, that the Board approves the
extension of the County's public sewer system to serve the proposed
development, Running Man Section 9, and that the County Administrator
be, and he hereby is, authorized to execute a public sewer extension
agreement with Running Man Development Company 3, LLC for the proposed
extension; such agreement to be approved as to form by the County
Attorney.
On roll call the vote was:
Yea: (4) Zaremba, Noll, Wiggins, Burgett
Nay: (0)
NEW BUSINESS
APPROVAL OF 2000 MINUTES
Chairman Burgett polled the Board members to determine that the
minutes of three sets of 2000 minutes listed on the agenda had been read
by them. Having ascertained that the Board members had read the subject
minutes, he asked for a motion to approve them and direct him to sign
such.
Mr. Wiggins moved that the minutes of the following 2000 minutes
be approved as submitted and that Chairman Burgett be directed to sign
such:
December 4, 2000, Adjourned Meeting
December 5, 2000, Regular Meeting
December 19, 2000, Regular Meeting
On roll call the vote was:
Yea: (4) Noll, Wiggins, Zaremba, Burgett
Nay: (0)
YORKTOWN VILLAGE ACTIVITY DISTRICT ACCESSORY STRUCTURE APPROVAL
Mr. J. Mark Carter, Assistant to the County Administrator, made a
presentation explaining proposed Resolution R01-6 to approve a request
of Marsha A. Brown for the reconstruction and expansion of an accessory
garage on property located at 213 Nelson Street. He stated staff felt it
was appropriate to allow the construction, and the adjacent property
owner has no objections with the proposal.
Mrs. Noll moved the adoption of proposed Resolution R01-6 that
reads:
A RESOLUTION TO APPROVE THE REQUEST OF MARSHA A. BROWN FOR THE
RECONSTRUCTION AND EXPANSION OF AN ACCESSORY GARAGE ON PROPERTY
LOCATED AT 213 NELSON STREET IN YORKTOWN
WHEREAS, Marsha A. Brown has submitted an application requesting
permission to reconstruct and expand an existing accessory garage on
property located at 213 Nelson Street in Yorktown; and
WHEREAS, pursuant to Section 24.1-327(b)(3) of the York County
Zoning Ordinance, such requests may be approved by the Board of
Supervisors by resolution if they involve an increase of less than 25%
in lot coverage or floor area; and
WHEREAS, the proposed garage represents an expansion of less than
3% in lot coverage and its location and design are compatible with
adjacent properties and structures.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 16th day of January, 2001, that the request of Marsha
A. Brown for the reconstruction and expansion of an accessory garage on
property located at 213 Nelson Street, as described in the County
Administrator's report to the Board dated January 4, 2000, be, and it is
hereby, approved.
On roll call the vote was:
Yea: (4) Wiggins, Zaremba, Noll, Burgett
Nay: (0)
CLOSED MEETING. At 8:23 p.m. Mr. Wiggins moved that
the meeting be convened in Closed Meeting pursuant to Section
2.1-344(a)(1) of the Code of Virginia pertaining to the appointment of a
District 5 Supervisor; Section 2.1-344(a)(3) pertaining to the
acquisition of property for a public purpose; and Section 2.1-344(a)(5)
pertaining to a prospective business or industry where no previous
announcement has been made.
On roll call the vote was:
Yea: (4) Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Meeting Reconvened. At 9:32 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 16th 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) Noll, Wiggins, Zaremba, Burgett
Nay: (0)
APPOINTMENT OF A DISTRICT 5 SUPERVISOR
Mr. Zaremba moved the adoption of proposed Resolution R01-14 that
reads:
A RESOLUTION TO APPOINT A SUPERVISOR PURSUANT TO THE PROVISIONS
OF THE CODE OF VIRGINIA TO REPRESENT ELECTION DISTRICT 5 AND TO CONFER
UPON SUCH PERSON THE POWERS AND DUTIES PROVIDED BY LAW
WHEREAS, the position of Supervisor of Election District No. 5 was
vacated on January 3, 2001, by the resignation of Melanie L. Rapp upon
her recent election to the Virginia House of Delegates; and
WHEREAS, the Board of Supervisors has conducted a thorough search
for a Supervisor who meets the Board's requirements in terms of
demonstrated competence; and
WHEREAS, the Board has reviewed all applications to ascertain the
most qualified person for the position;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 16th day of January, 2001, that H. R. Ashe be, and
hereby is, appointed to the position of Supervisor to represent York
County Election District 5 pursuant to Section 24.2-228 of the Code of
Virginia, to serve until such time as a special election shall be held
to fill the vacant position for the remainder of the unexpired term
pursuant to Section 24.2-226 of the Code of Virginia, with such
appointment to be effective upon the appointee taking the oath of office
as set forth in Section 49-1 of the Code of Virginia.
On roll call the vote was:
Yea: (4) Wiggins, Zaremba, Noll, Burgett
Nay: (0)
AUTHORITY TO PURCHASE PUBLIC PROPERTY
Mrs. Noll moved that the County Administrator be authorized to
execute an agreement for the purchase of the property located at 115
Martiau Street in Yorktown.
On roll call the vote was:
Yea: (4) Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Meeting Adjourned. At 9:38 p.m. Chairman Burgett declared the
meeting adjourned to 6:30 p.m., Tuesday, January 23, 2001, in the East
Room, York Hall, for the purpose of conducting a work session.
_____________________________
_______________________________
James O. McReynolds,
Clerk James S. Burgett, Chairman
York County Board of
Supervisors York County Board of Supervisors
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