|
Regular Meeting
February 6, 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, February 6,
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, James S. Burgett, and H. R. Ashe.
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.
Chairman Burgett welcomed Mr. Ashe to his first Regular Meeting of
the Board of Supervisors.
PRESENTATIONS
INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARDS AND COMMISSIONS
Chairman Burgett introduced and welcomed Ms. Evelyn W. Parker as a
new member of the York County Beautification Committee and presented her
with a Boards and Commissions Handbook and a York County Pin.
EMPLOYEE RECOGNITION PROGRAM
After introductory remarks by Anne Smith, Director of Community
Services, Chairman Burgett presented Ms. Janice Ward, York County
Library, with her 20-year service pin and certificate.
CLEAN BUSINESS AWARDS
After introductory remarks by Richard Wallsom, Chairman of the
York County Beautification Committee, Chairman Burgett presented Clean
Business Awards for the 1st Quarter of 2001 to representatives of the
following businesses:
Southern States Cooperative, Inc.
Little Log Cabin Learning Center
Colonial Services Board
CITIZENS COMMENT PERIOD
Mr. Gary L. Giles, 111 Cheadle Point Road, spoke in opposition to
the proposal for the placement of no wake buoys on Chisman Creek,
stating it will adversely impact all the property owners on Chisman and
Goose Creeks. He stated there is a lot of recreational use of the
creeks, and the buoys would eliminate this use. He suggested that the
owner of Aqua Marine provide some sort of baffling system for his
property rather than impacting everyone else.
Mr. Nick Ferro, 303 Mill Road, spoke on behalf of the York County
Victory Chapter 13 of the Disabled American Veterans. He indicated the
DAV in York County is very active, and they wish to become more visible.
The Chapter has moved into office space at Tabb Square which is open
three days a week to help veterans with any of their needs. Mr. Ferro
invited the Board members to visit the new DAV facility.
Mr. Ken D. Earley, 414 Whispering Pine Drive, spoke in opposition
to the proposed no wake buoys for Chisman Creek. He stated the owner of
Aqua Marine feels there is a problem with the wake, but he should
provide his own seawall to protect his boat slips. Chisman Creek is too
large and navigable and used for boating purposes to restrict its use.
Mr. Early stated the placement of buoys would be unjust and unfair to
the people who boat in the creek.
Mr. Kevin Earley, Seaford, also spoke in opposition to the no wake
buoys on Chisman Creek. He stated the creek is very wide, and normal
wind causes high waves. He expressed his agreement with Ken Earley that
the owner of the marina should do something to protect the marina other
than the placement of no wake buoys. He indicated there would be greater
wake on the creek because of the buoys because some people would go
slower than necessary. Mr. Earley also noted there was already a no wake
sign in the existing channel next to the marina, yet it was not
enforced.
Mr. Jim Camp, 404 Crockett Road, stated he was also against the
placement of no wake buoys on Chisman Creek. He stated the proposal was
to place the buoys at the widest point of the creek, and the residents
would be devastated if they were kept from using their boats and jet
skis. He stated he felt the property owner has the responsibility to
protect his own land, although not at the sacrifice of everyone else.
Mr. Camp noted there was a no wake zone 250 feet from the marina, but it
had not been enforced.
Ms. Lori Teeson, 203 Yorkview Road, stated she had grown up on
Goose Creek, and she was opposed to the proposed no wake buoys on
Chisman Creek. She stated there needed to be some compromise because
homeowners in the area want to be able to utilize their recreational
vehicles on the creek.
Mr. James W. Pollard, 231 Robanna Road, stated he was located
upstream of Dare Marina which is a no wake zone, and this proposed
action for the placement of buoys would make all of Chisman Creek a no
wake zone. He suggested the Board table the matter to see if a
compromise could be reached.
Mr. John G. Lochstampfer, Jr., 236 Robanna Drive, expressed his
opposition to the proposed no wake buoys. He stated Wildey Marina was
operated for many years, and it didn't have any problem without no wake
buoys. The new owners purchased the property knowing the conditions
existed. He stated the current wake on Chisman Creek is no worse than it
is with some of the storms.
Mr. Brian Noyes, representing the Colonial Soil and Water
Conservation District, provided the Board with some background
information on the activities of the District, noting there is quite a
demand for its services. He stated the District returns $9.14 in state
funding for every $1.00 it receives. An education coordinator was hired
this year to provide educational opportunities, and the position is
funded entirely by grant monies. Mr. Noyes stated the District was
asking for a 10 percent increase in funding support from York County
this year totaling $8,085.
Mr. Jim Vaughn, 512 Wildey Road, Vice President of Aqua Marine,
indicated it was not his intent to make the neighbors mad by requesting
the no wake markers in Chisman Creek. He stated Wildey Marina was on the
creek before 250 homes were built. Mr. Vaughn spoke of his efforts to
clean up the marina so that he could put in floating docks, and he
stated it was not feasible for him to install a breakwater. He indicated
the wake keeps boat owners from enjoying their boats while in the
marina, and he asked the residents to keep in mind that the area is
already a no wake zone. He stated he was only trying to protect his
investment.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett updated the Board members on the current status of
various pieces of legislation before this year's session of the General
Assembly dealing with shared income taxes, increased recycling rates,
BPOL tax, IDA bond issuances, overtime payments for firefighters,
firearm regulation, sewer tank pump out, and annexation.
Mr. Zaremba asked Mr. Barnett to clarify the two existing statutes
concerning annexation as they pertain to York County.
Mr. Barnett stated a 1981 statute protects York County from any
annexation by cities; the 1987 statute is a state-wide moratorium on
annexation. He explained that there is confusion as to whether or not
cities can take advantage of exceptions in the existing statutes, and
the amended language being proposed only affects the annexation
moratorium. York County is requesting that these kinds of annexations
not proceed under the current moratorium. If the legislation passes, the
County may want to contact a few other localities about doing something
that is more comprehensive.
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 HEARINGS
APPLICATION NO. SE-8-01, BETHEL BAPTIST CHURCH
Mr. Tim Cross, Acting Chief Planner, made a presentation on
Application No. SE-8-01 requesting a special exception to the height
limitations for a worship center with cupola for Bethel Baptist Church.
Mr. Bill Monroe, representing Bethel Baptist Church, spoke of the
plans for an enlarged worship center for the church. He stated when the
current Zoning Ordinance was drafted, it was not anticipated that there
would be a need for such a facility. To physically house the area
required for 1,000 people requires height, acoustics, and visual aids;
the depth must also be fairly thick. Mr. Monroe indicated the church was
asking for an exception to the height limitation for the cupola.
Chairman Burgett called to order a public hearing on Application
No. SE-8-01 which was duly advertised as required by law. Proposed
Resolution R01-16 is entitled:
A RESOLUTION TO APPROVE A REQUEST FOR A SPECIAL EXCEPTION TO THE
HEIGHT LIMITATIONS FOR A WORSHIP CENTER WITH CUPOLA FOR BETHEL BAPTIST
CHURCH
There being no one present who wished to speak concerning the
subject application, Chairman Burgett closed the public hearing.
Mrs. Noll moved the adoption of proposed Resolution R01-16 that
reads:
A RESOLUTION TO APPROVE A REQUEST FOR A SPECIAL EXCEPTION TO THE
HEIGHT LIMITATIONS FOR A WORSHIP CENTER WITH CUPOLA FOR BETHEL BAPTIST
CHURCH
WHEREAS, Bethel Baptist Church has submitted a request for a
special exception to the height limitations in the Rural Residential
zoning district, pursuant to the terms of Section 24.1-231(b) of the
York County Zoning Ordinance to authorize a church worship center with
cupola at 1004 Yorktown Road (Route 706); and
WHEREAS, the Board has carefully considered the public comments
and the staff recommendations with respect to this application; and
WHEREAS, the Board has conducted a duly advertised public hearing
in accordance with applicable procedure;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 6th day of February, 2001, that Application No. SE-8-01
be, and it is hereby, approved to authorize a church worship center with
cupola at 1004 Yorktown Road (Route 706), subject to the following
conditions:
1. This special exception shall authorize the establishment of a
worship center with cupola for a total structure height of 84'6".
The property is located at 1004 Yorktown Road (Route 706) and is further
identified as Assessor's Parcel Nos. 30-187 and 30-188.
2. The worship center with cupola shall be constructed in general
conformance with both the plan entitled "Design Development Site
Plan" received by the Planning Division on January 17, 2001, and
the plan entitled "Building Elevations Bethel Baptist Worship
Center" dated September 12, 2000. These plans are included as part
of this file application.
3. No structure on the site shall have a total height greater than
84'6".
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
PUBLIC FORUM
PROPOSED FISCAL YEAR 2002 BUDGET
Mr. McReynolds provided the Board members with an update on the
current outlook for the FY2002 budget in terms of revenue and
expenditures. Overall, the County expects a $3.5 to $3.6 million revenue
increase over the FY2001 budget. On the revenue side, the major issues
include school funding, employee compensation, the Regional Jail, new
programs/personnel, and committed funds or mandates. Mr. McReynolds
reviewed the work session and public hearing dates for the proposed
budget and provided the citizens with telephone, mail, and email
information for contacting the Board regarding the budget process.
Chairman Burgett called to order a public forum on the proposed
FY2002 Budget.
The Honorable Merlin Renne, Judge of the General District Court,
appeared on behalf of the Colonial Community Criminal Justice Board to
ask for the Board of Supervisors' consideration and approval of the
Criminal Justice Board's budget request of $19,812 to continue funding
the Criminal Justice Planner position. He indicated the problems that
are faced by the Criminal Justice Board need to be dealt with in an
efficient manner, and the Planner position provides the staff support to
carry out the Board's legislative mission. He stated attempts have been
made to procure more funding from the General Assembly this year, but
the bill was passed by in subcommittee.
Mrs. Corinne Garland, Executive Director, Child Development
Resources, Inc., (CDR), spoke of the importance of the brain development
of a child in the first three years of life, and stated that CDR wants
to make sure that all children reach their developmental potential. Mrs.
Garland thanked the Board for its past support and requested that the
Board fund the budget request for FY2002.
Ms. Nadja Pophal, Executive Director, Housing Partnerships,
thanked the Board for its past support. She stated about 70 homes had
repairs completed in York County, Williamsburg, and James City County;
11 of the repairs were made in York County. She explained how the money
provided by the localities is leveraged in order to get more for a
project. Housing Partnerships works closely with the York County Housing
staff to come up with some creative alternatives for York County
residents to make the money go as far as it can. Ms. Pophal asked the
Board to give positive consideration to Housing Partnership's FY2002
funding request.
Mrs. Clyde Jackson, representing the Senior Center Board of York,
stated the three-way partnership of the Senior Center Board, the
Peninsula Agency on Aging, and the volunteers who give their time to the
Senior Center is an excellent example of what can be done when a problem
is faced. The Center celebrated its 9th Anniversary this past year and
was host to 15,000 patrons in 2000. She spoke of the programs offered at
the Center, stating that for many of the patrons it was a second home. A
new, larger facility is being provided for 2001, and Mrs. Jackson
thanked the Board and staff members for its continued support and faith
in the Center's goals.
Mr. Bill Massey, Executive Director, Peninsula Agency on Aging (PAA),
also thanked the Board of Supervisors for its past support and requested
the Board's continued support for FY2002. He agreed with Mrs. Jackson
that they have a great partnership, and the County was getting a good
return for the dollars invested in the PAA.
Mrs. Sheila Myers, representing the York County Arts Commission,
explained that the Arts Commission serves as an advisory body to the
Board of Supervisors making recommendations as to budget appropriations
to the arts in York County. She noted that last year the Commission had
28 requests for funding totaling $88,000. Mrs. Myers stated there was a
very valuable economic asset provided to a locality by the arts in terms
of increased sales tax revenues and increased employment, and she asked
the Board to continue its arts funding.
Mrs. Janice Farley, representing the York County Library Board of
Trustees, asked the Board to support the library system with the same
funding amount as in FY2001. She stated the Trustees are very proud of
the new Tabb facility and the renovations that have been made to the
Yorktown branch. She asked that the Board members contact their
legislative delegates in Richmond to request funding for books. Mrs.
Farley invited the Board members to the grand reopening of the Yorktown
Library on February 11 at 2:00 p.m..
Ms. Mavis Dixon, representing the Peninsula Marine Institute,
explained that the Institute was a state school that services juvenile
offenders from the ages of 14 to 18 as an alternative to incarceration.
She requested that the Board provide funding in its FY2002 budget to
help the Institute with transportation costs. Ms. Dixon stated the
Institute was a "Kids First" program to show them there is a
better way of life in making an honest living.
There being no one else present who wished to speak, Chairman
Burgett closed the public forum.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds noted that staff has asked representatives from
VDOT to appear at a Board meeting to discuss plans for the improvement
of the lower portion of Route 17. He indicated there had been mention of
the procurement of bids over the Internet, and he stated that the County
has been doing this for some time now to the limit set by law. The law
still requires the receipt of a signed bid. Mr. McReynolds then noted
that one of the Board's goal statements specifies that the Board will
review its goals and objectives on a periodic basis. He indicated that
the staff will be sending something out this week with some dates for a
goals session and requesting the Board's input as to the scope of the
meeting.
YORK COUNTY SCHOOL BOARD-FY2002 BUDGET PROCESS (Not on Agenda)
Mr. Page Minter, Chairman of the York County School Board, made a
brief presentation regarding the School Board's plan to use a modified
zero-based budget process this year. He spoke of the efforts to
publicize the budget-building process and the expected increase in
revenues and service cost increases. He suggested that the Board of
Supervisors meet in a joint session with the School Board on either
February 12 or February 21, stating the School Board feels it is
important to maintain regular communications during the budget process.
Chairman Burgett stated the Board would review the suggested dates
and get back with the School Board.
A brief discussion ensued concerning the rise in utility costs for
the schools.
MATTERS PRESENTED BY THE BOARD
Mr. Zaremba spoke concerning the proposed sale of the BP Amoco
refinery in Yorktown, stating the Board and staff need to give some
thought to the disposition of the 900 acres outside of the acreage on
which the plant sits.
Mr. James Noel, Director of Economic Development, indicated he had
some discussion with the plant management who indicated there would be
two separate sales: the refinery property and the large tract bounded by
Seaford/Goodwin Neck/Back Creek Roads. The sale is being evaluated at
this time. There is a good deal of wetlands on the large tract, and it
has been maintained as a wildlife refuge.
Mr. Zaremba stated the zoning for the property is industrial which
is contrary to an environmental-friendly outcome. He expressed his
concern for how the property might be developed, and he suggested the
Board become involved in the dialog so that the outcome is consistent
with what York County wants to see done with those 900 acres. Mr.
Zaremba then spoke concerning the Aviation Fair 2003, stating the
Peninsula will be hosting a large event commemorating the development of
aviation in the country. He stated there will be significant impacts in
terms of tourism to the area, and there will be a major impact on the
Newport News/Williamsburg Airport. The proposed expansion of the runway
is located in York County, and Mr. Zaremba expressed his concern that
the Board does not receive regular updates on the airport's progress. He
asked that a staff member be assigned to provide the Board with updated
information.
Mr. McReynolds stated he spoke with the director of the Airport
Commission at a function this past week, and he has indicated a desire
to come before the Board to apprise the members of their plans on this
important project.
Mrs. Noll indicated she also talked to the gentleman in charge of
the Aviation Fair 2003 office who is also interested in coming before
the Board.
Mr. Zaremba then welcomed Mr. Ashe to the Board, and noted he
would be the new Board liaison to the Regional Issues Committee. He
stated although they have a great structure and process, the committee
has accomplished nothing for the last five or six years. He stated there
were many issues that needed to be addressed, and the Board of
Supervisors will do everything it can to help the committee get
something done this year.
Mr. Wiggins also welcomed Mr. Ashe to the Board. He then reminded
the Board and audience that the Drainage Committee would be making its
report to the Board at the February 20 Regular Meeting. He stated he
felt the Board will be impressed with what the committee has
accomplished.
Mrs. Noll indicated she had contacted some citizens concerning the
BP Amoco property, and stated she did not want to see that property
developed. She noted she asked that the property be looked at in terms
of conservation, perhaps by the Williamsburg Conservancy. Mrs. Noll also
reminded everyone that February was Black History Month, and she
encouraged citizens to visit the library for information materials on
the history of African-American people in the United States.
Mr. Ashe thanked the Board members for having faith in him and
appointing him to the District 5 seat. He stated there is a lot to be
done and a lot to be learned, and he looked forward to serving on the
Regional Issues Committee because of the statewide study he was
currently working on regarding housing. Mr. Ashe stated he looked
forward to serving the citizens of District 5.
Chairman Burgett noted he had attended his first meetings of the
Peninsula Mayors and Chairs and the Hampton Roads Mayors and Chairs,
stating the groups have some good projects going, and York County was
playing an active part. He stated he had served on the Regional Issues
Committee, and during his term things were accomplished. The committee
is taking up the issue of affordable housing, and Mr. Ashe should be
able to provide insight because of the state committee he serves on.
Chairman Burgett then spoke regarding the newly renovated Yorktown
Library, and he encouraged the citizens to visit it. He also noted that
the Board has begun its search for a new County Administrator, and the
search is initially being done within the state with a national search
being considered.
UNFINISHED BUSINESS
VACUUM SEWER EXTENSION-KUBIE KAT COVE SUBDIVISION
Mr. McReynolds made a brief presentation on the request to extend
the County's vacuum sewer collection system to the Kubie Kat Kove
Subdivision, noting the request was previously tabled in order for staff
to determine the exact size of the parcel. He stated it was determined
that the parcel does meet the requirements for the vacuum extension.
A brief discussion took place regarding previous violations
regarding the property.
Mr. Wiggins then moved the adoption of proposed Resolution R01-15
that reads:
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S VACUUM
SEWER COLLECTION SYSTEM TO A PROPOSED SUBDIVISION OF PROPERTY ON
CALTHROP NECK ROAD, AND AUTHORIZING THE COUNTY ADMINISTRATOR TO
EXECUTE THE NECESSARY PUBLIC SEWER EXTENSION AGREEMENT
WHEREAS, Ronald J. Kubesh has requested that the County allow the
extension of the vacuum sewer collection system to support a proposed
Subdivision on Assessor's Parcel No. 30-251; and
WHEREAS, the proposed cluster subdivision will create eight lots
from the existing 10.08 acre parcel; 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 6th day of February, 2001, that the Board approves the
extension of the County's vacuum sewer collection system to serve the
proposed subdivision, 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) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
CONSENT CALENDAR
Mr. Zaremba asked that Item No. 9 be removed from the Consent
Calendar.
Mr. Wiggins asked that Item No. 10 be removed from the Consent
Calendar.
Mrs. Noll moved that the Consent Calendar be approved as amended,
Item Nos. 3, 4, 5, 6, 7, and 8, respectively.
On roll call the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 3. APPROVAL OF MINUTES
The minutes of the following meetings of the York County Board of
Supervisors were approved:
January 4, 2001, Regular Meeting
January 16, 2001, Regular Meeting
Item No. 4. PURCHASE AUTHORIZATION: Resolution R01-3
A RESOLUTION TO AUTHORIZE PURCHASE OF ARCHITECTURAL AND
ENGINEERING SERVICES
WHEREAS, it is the policy of the Board of Supervisors that all
procurements of goods and services by the County involving the
expenditure of $30,000 or more be submitted to the Board for its review
and approval; and
WHEREAS, the County Administrator has determined that the
following procurement is necessary and desirable, that it involves the
expenditure of $30,000 or more, and that all applicable laws,
ordinances, and regulations have been complied with;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 6th day of February, 2001, that the County
Administrator be, and hereby is, authorized to conclude procurement
arrangements for the following:
AMOUNT
Architectural and Engineering Services $50,000
Item No. 5. STREET NAME CHANGE: Resolution R01-5
A RESOLUTION TO APPROVE A REQUEST TO CHANGE THE NAME OF A
PORTION OF DREW ROAD, A STUB STREET IN THE WILLIAMSBURG BLUFFS
SUBDIVISION, TO BRONZE COURT
WHEREAS, Robert L. Freeman, Jr., and on behalf of Tower Park
Corporation, has petitioned the County of York to change the name of the
portion of Drew Road located in the Williamsburg Bluffs Subdivision to
Bronze Court; and
WHEREAS, Drew Road was initially approved and recorded January 31,
1992 as a stub street in the above mentioned subdivision; and
WHEREAS, the only access to Drew Road in the Williamsburg Bluffs
Subdivision is from Parchment Boulevard; and
WHEREAS, the original plan for Drew Road was to continue from the
Williamsburg Bluffs Subdivision into the Carver Gardens Subdivision; and
WHEREAS, Ordinance No. 099-8 approved on May 5, 1999 eliminated
the extension of Drew Road from the Williamsburg Bluffs Subdivision and
called for it to end in a cul-de-sac; and
WHEREAS, Section 20.5-79 of the Subdivision Ordinance states that
names of recorded streets shall not be changed except by resolution of
the Board; and
WHEREAS, the proposed street name has been determined to be
acceptable relative to applicable provisions of the York County
Subdivision Ordinance;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors the 6th day of February, 2001, that it does hereby approve a
request to change the name of the portion of Drew Road in the
Williamsburg Bluffs Subdivision to Bronze Court.
BE IT FURTHER RESOLVED that the County Administrator be and is
hereby authorized to transmit said approval to all property owners on
the portion of Drew Road in the Williamsburg Bluffs Subdivision and to
various County departments, the postmaster, public utilities, public
service organizations, and private companies that may have an interest
in this change.
Item No. 6. EMPLOYEE OF THE QUARTER: Resolution R01-13
A RESOLUTION TO COMMEND SHIRLEY W. HIXSON, LEGAL ASSISTANT,
OFFICE OF THE COUNTY ATTORNEY, AS EMPLOYEE-OF-THE-QUARTER
WHEREAS, Shirley W. Hixson has been employed with the Office of
the County Attorney for four years and currently serves as a Legal
Assistant; and
WHEREAS, during the last half of the year 2000 the County
Attorney's Office experienced a period of growth that caused an increase
in workload; and
WHEREAS, Shirley's hard work and organizational skills kept the
office running smoothly during an extremely busy time in the midst of
staff shortages and multiple priorities; and
WHEREAS, her efforts reflect the highest levels of professionalism
and service to the community and the County;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 6th day of February, 2001, that Shirley W. Hixson,
Legal Assistant, be and is hereby, congratulated upon her selection as
Employee-of-the-Quarter for the quarter ended September 30, 2000.
Item No. 7. SPEED LIMIT PROVISIONS-TIDE MILL ROAD:
Resolution R01-7
A RESOLUTION TO REQUEST THAT THE VIRGINIA DEPARTMENT OF
TRANSPORTATION INSTALL APPROPRIATE SIGNS, AS STIPULATED IN SECTION
46.2-878.2 OF THE CODE OF VIRGINIA, TO ESTABLISH INCREASED PENALTIES FOR
SPEEDING ON TIDE MILL ROAD
WHEREAS, Section 46.2-878.2 of the Code of Virginia authorizes the
posting of certain residential streets for an increased fine of $200, in
addition to other penalties prescribed by law, for vehicles exceeding
the maximum established speed limit; and
WHEREAS, the Virginia Department of Transportation (VDOT) is
responsible for administering the regulations established to implement
this law and will entertain requests for establishing the restrictions
upon receipt of a formal request and resolution from the Board of
Supervisors; and
WHEREAS, the residents of Tide Mill Road, Jean Place, Ryans Way,
and Moores Creek Drive have requested that said restrictions be imposed
on Tide Mill Road; and
WHEREAS, the York County Board of Supervisors perceives that a
speeding problem exists based on enforcement records reported by the
York County Sheriff's office and community support; and
WHEREAS, the Board of Supervisors has reviewed this request and
believes that the designated roads meet the eligibility requirements
prescribed by VDOT;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 6th day of February, 2001, that the Virginia
Department of Transportation be, and it is hereby, requested to approve
and install signs pursuant to Section 46.2-878.2 of the Code of
Virginia, to designate Tide Mill Road as a street on which a fine of
$200 in addition to other penalties prescribed by law may be imposed for
violations of the posted speed limit.
BE IT FURTHER RESOLVED that the County Administrator is requested
to forward a copy of this resolution and any necessary supporting
documentation to the Virginia Department of Transportation for its
review and approval.
Item No. 8. YEAR OF THE YOUNG CHILD: Resolution R01-19
A RESOLUTION TO RECOGNIZE THE YEAR OF THE YOUNG CHILD
WHEREAS, research confirms that experiences from birth through the
preschool years establish the foundation for building individual
capacity and an individual's economic and social prosperity; and
WHEREAS, across the nation and in Hampton Roads, more children are
entering kindergarten and first grade without the foundation that is
critical to their success in school and life; and
WHEREAS, the future of our community depends on the quality of
early childhood experiences provided to young children today; and
WHEREAS, the York County Board of Supervisors has long recognized
the importance of early childhood developmental initiatives and has a
strong history of commitment to and financial support for those
programs; and
WHEREAS, high quality early childhood services represent a worthy
commitment to our children's future and is imperative if our democracy
is to remain viable and if our economy is to remain productive and
competitive;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 6th day of February, 2001, that it does officially
proclaim the year 2001 as the Year of the Young Child.
Item No. 9. RESTRUCTURING OF VIRGINIA'S MENTAL HEALTH
SYSTEM: Proposed Resolution R01-20 (Removed from Consent Calendar)
Mr. Zaremba asked Mrs. Smith to give a summary of the intent of
the proposed resolution.
Mrs. Anne B. Smith, Director of Community Services, explained that
the County has the position that the state should continue to operate
the program for the care of the mentally ill. The state is proposing
that all state residential facilities be down-sized or closed altogether
over a six-year period with the exception of the Central State forensic
unit. The future care of Virginia's mentally ill is of great concern for
local governments. The proposal is that the residents of the current
state facilities would go into paying facilities in the communities, and
local government staffs do not believe there is adequate capacity within
the communities to provide the necessary care for these individuals. It
will result in inconsistent standards and inconsistent funding. Mrs.
Smith stated these individuals in York County would be funneled through
the Colonial Services Board which is already underfunded. She also spoke
of the impact on housing, employment, and health care and social
services. There is a shortage of direct care staff in most nursing homes
in Virginia just for regular care of the aged; it would be all but
impossible for them to provide adequate care for the mentally ill.
Mr. Zaremba then moved the adoption of proposed Resolution R01-20
that reads:
A RESOLUTION TO EXPRESS THE CONCERNS OF THE YORK COUNTY BOARD OF
SUPERVISORS REGARDING THE PROPOSED RESTRUCTURING OF VIRGINIA'S MENTAL
HEALTH CARE PROGRAMS AND FACILITIES
WHEREAS, the Board of Supervisors has a long standing commitment
to assisting County citizens in need of services and a concern for the
well-being of those in need of mental health treatment and residential
care; and
WHEREAS, the Comprehensive Plan for the Restructuring of
Virginia's Mental Health Care Programs and Facilities (the Plan)
proposes to close or significantly reduce the size of the Commonwealth's
residential care facilities for the mentally ill, raising serious
questions of funding and future access to care for the citizens of York
County and other localities in the Commonwealth; and
WHEREAS, the Plan calls for closing Eastern State Hospital, a
vital resource to the County of York, the Hampton Roads region and the
State of Virginia and the citizens receiving services therein; and
WHEREAS, the Plan does not adequately address fiscal concerns,
service capacity questions or future access with regard to mental health
care programs; and
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 6th day of February, 2001, that it is the desire of the
Board to express serious concerns regarding the Commonwealth of
Virginia's plan for restructuring Virginia's mental health care programs
and facilities and to urge the General Assembly to reject the plan as
presented.
On roll call the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Item No. 10. APPLICATION FOR NO WAKE BUOYS: Proposed
Resolution R01-4 (Removed from Consent Calendar)
Mr. Wiggins indicated the views of the people heard tonight on the
no wake application was only a sampling of the phone calls he received
today. He stated everyone he talked to was opposed to the placement of
the buoys. He suggested that the Board table this item and give the
Board the opportunity to visit the marina to see what it is the
residents are talking about.
Mr. Ashe noted he had visited in his boat, and he understood the
concerns of Mr. Vaughn, but he did feel that Mr. Vaughn needed to look
into putting some kind of barrier up for the marina. He stated he would
also like to see the citizens and the owner come together to work out a
compromise. Mr. Ashe commended Mr. Vaughn for the clean-up job he has
accomplished at the marina.
Chairman Burgett agreed with Mr. Ashe that a compromise would be
the best solution to this situation.
Mr. Zaremba moved that proposed Resolution R01-4 be tabled.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
NEW BUSINESS
AGREEMENTS FOR CURBSIDE AND DROP-OFF RECYCLING PROGRAMS
Mr. McReynolds made a brief presentation on proposed Resolution
R01-10 to authorize the execution of two agreements with the Virginia
Peninsulas Public Service Authority (VPPSA) for the County's curbside
and drop-off recycling programs.
Mr. Wiggins questioned the 25 percent increase in the cost of the
program over the past four years.
Mr. John Hudgins, Director of Environmental and Development
Services, stated the increases have been a result of the number of
housing units coming on line in the County.
Mrs. Noll asked how Hampton's opting out of the agreement will
affect the cost for everyone else.
Mr. Hudgins indicated that under the VPPSA proposal, the cost was
$1.58; with Hampton out the cost goes up to $1.69 per house.
Mrs. Noll asked what Hampton planned to do.
Mr. Hudgins explained that Hampton will do its own garbage
collection. He stated that Hampton anticipates a sizable amount of
savings using its own equipment and personnel to accomplish its
recycling.
Mr. Zaremba asked who, if anyone, was making money from the
recycling process since it cost the County to recycle.
Mr. Hudgins stated the contractors make money. It is a matter of
market economics; everybody is recycling, and the more that is recycled,
the more supply there is, and the prices drop. He stated it costs York
County $107 a ton to recycle, but the state mandates that the localities
recycle at 25 percent. Currently, York County recycles 28 percent of its
solid waste stream.
Mrs. Noll then moved the adoption of proposed Resolution R01-10
that reads:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE TWO
AGREEMENTS WITH VIRGINIA PENINSULAS PUBLIC SERVICE AUTHORITY FOR
CURBSIDE AND DROP-OFF RECYCLING PROGRAMS
WHEREAS, York County is a member of the Virginia Peninsulas Public
Service Authority (VPPSA), having joined the Authority for the purpose
of dealing with solid waste issues on a regional basis; and
WHEREAS, the Commonwealth of Virginia has mandated that local
governments have in place a plan to annually recycle at least 25% of the
waste stream; and
WHEREAS, VPPSA's current curbside recycling contract expires
October 31, 2001; and
WHEREAS, VPPSA issued a request for proposal and received
proposals for a new contract for the curbside collection and the
processing and marketing of recyclables on behalf of its member
jurisdictions; and
WHEREAS, VPPSA has submitted to this Board two proposed agreements
for curbside and drop-off recycling in York County;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 6th day of February, 2001, that the County
Administrator be, and he hereby is, authorized to execute two
agreements, approved as to form by the County Attorney, with the
Virginia Peninsulas Public Service Authority to continue the curbside
and drop-off recycling program in York County.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett Nay: (0)
SPONSORSHIP OF APPLICATION TO AMEND THE YORK COUNTY ZONING
ORDINANCE-MARINAS
Mr. McReynolds made a brief presentation concerning the issue that
was brought to the Board's attention at a recent meeting concerning the
allowance of eating establishments at marinas. He noted that staff had
prepared proposed Resolution R01-29 for the Board's consideration in
sponsoring an amendment to the Zoning Ordinance to address the issue.
Chairman Burgett stated the proposed application would be to fill
in a blank that exists in the current Zoning Ordinance. The County has
no definition of what constitutes an "eating facility." This
application to the Planning Commission asks the Commission to examine
the issue and come up with a definition and direction as to how the
County will handle requests for such at County marinas.
Mrs. Noll expressed her concern that the application was a result
of an on-going issue. She stated she felt the Board shouldn't address
the situation piecemeal, and she would like to take a much broader look
at the entire Zoning Ordinance and receive citizen input. Mrs. Noll
stated she could not support the application.
Mr. Ashe stated people had mentioned to him on several occasions a
concern regarding the bright lighting on the waterfront, noting the HPS
lights carry far across the water and are intrusive. He suggested added
wording to the application concerning these lights.
Chairman Burgett explained that the current review of the Zoning
Ordinance by staff includes a proposed amendment to the section on
lighting. This request only addresses the definition of "eating
facilities."
Mr. Wiggins stated the Dare Marina is not the only marina
contemplating an eating facility. He stated he felt it was only fair to
all the marinas for the Board to spell out exactly what is meant by an
"eating establishment" before they make further plans and find
out they cannot do what they wish to do.
Mr. Zaremba indicated the Board was not voting at this time on any
change to the current Zoning Ordinance. The Board was making application
to the Planning Commission for a recommendation on an amendment. When a
recommendation was returned to the Board for action, there would be
opportunity for public debate. The staff and Board agree there is
ambiguity in the ordinance as it pertains to the eating facility issue.
The Board is only trying to clarify language in the ordinance. With
respect to the on-going review of the Zoning Ordinance, Mr. Zaremba
stated it will be on-going for several more months. He stated he felt it
was reasonable that the Board, in response to the people who elected
them, would jump on a problem that exists and attempt to resolve it.
Mr. Wiggins moved the adoption of proposed Resolution R01-29 that
reads:
A RESOLUTION TO SPONSOR AN APPLICATION TO AMEND THE YORK COUNTY
ZONING ORDINANCE (CHAPTER 24.1 - YORK COUNTY CODE) TO REVISE THE
DEFINITION OF THE TERM "MARINA" AND TO ESTABLISH CERTAIN
PERFORMANCE STANDARDS FOR "EATING FACILITIES" ASSOCIATED
WITH MARINAS
WHEREAS, it has come to the attention of the York County Board of
Supervisors that the definition of the term "marina" is not
clear as to the permissible characteristics of "eating
facilities" that may be included in the marina operation; and
WHEREAS, the ambiguities in the current definition and the absence
of any specific performance standards concerning "eating
facilities" create difficulties in the administration of the Zoning
Ordinance and the potential for incompatibilities between marinas with
eating facilities and their adjacent land uses; and
WHEREAS, in the interest of good zoning practice, the Board wishes
to consider amendments to the definition and the addition of appropriate
performance standards;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this the 6th day of February, 2001, that it does hereby
sponsor an application to amend Sections 24.1-104, Definitions, and
Section 24.1-462, Standards or marina, dock or boating facility
(commercial), of chapter 24.1 - Zoning - of the York County Code to
revise the definition of marina and the requirements applicable to
marinas with eating facilities.
BE IT FURTHER RESOLVED that said application be, and it is hereby,
referred to the York County Planning Commission for review and
recommendation of the following proposed amendments in accordance with
the applicable procedures.
***
Section 24.1-104 Definitions
Marina. A facility designed for dockage, storing, servicing,
berthing, fueling, repairing or securing of primarily pleasure boats and
which may include accessory and incidental eating and retail facilities
in accordance with the performance standards established in this
chapter.
Wet Slip. A marina where boats are docked and secured in the
water. Covered or uncovered slips may be provided.
Dry Storage. A marina where boats are stored on land, either
indoors or out, which may include provisions for transfer to and from
the water by mechanical means upon request.
***
Section 24.1-462. Standards, for marina, dock or boating facility
(commercial)
(a) Commercial marinas, docks and boating facilities shall be
designed in accordance with the "Criteria for the Siting of Marinas
of Community Facilities for Boat Mooring" as prepared by the
Virginia Marine Resources Commission, VR450-01-0047.
(b) All federal, state and local requirements for marina
facilities shall be met and the necessary permits obtained prior to
issuance of the zoning certificate for docks, piers or boat houses.
(c) All requirements of the environmental management overlay
district shall be addressed as part of any plan approval.
(d) Accessory and incidental "eating facilities"
associated with marinas shall be subject to the following requirements:
(1) A marina may provide and include an eating facility with a
maximum seating capacity of 12 persons, subject to compliance with all
applicable site plan requirements. A Special Use Permit shall be
required for any eating facility having a capacity in excess of 12
seats.
Unless otherwise approved by the Board of Supervisors at the time
of use permit approval, the maximum number of seats in the eating
facility shall not exceed 50% of the number of wet slips in the marina
(i.e., a maximum of one (1) seat for every two (2) slips). The Board
may, however, establish a seating limitation of less than this ratio if
deemed necessary to prevent adverse impacts on the surrounding area or
road systems.
(2) The eating facility shall be designed and operated to serve
primarily the patrons of the marina. For the purposes of this section,
marina patrons shall be those people whose boats are docked or stored at
the marina, either on a long-term or transient basis, or those people
whose boats are being serviced or repaired at the marina, and the
accompanying guests of the patrons, as defined.
(3) The hours of operation for the eating facility shall be
limited to those hours when the marina is in full operation. Full
operation shall be defined as those times when all marina docking and
storage services and facilities are available and operational and the
appropriate marina staff is on duty.
(4) The eating facility shall not include a dance floor nor shall
live musical performances be allowed in the facility.
(5) The eating facility shall not be identified separately from
the marina in any signage, advertising or publicity.
(6) The eating facility shall not be made available for meetings,
receptions or other functions not associated with the marina operation.
This limitation shall specifically preclude the reservation or rental of
the facility for receptions or parties open to the general public.
(7) Any proposed outdoor dining areas shall be clearly depicted on
the plans submitted with the application and shall be subject to the
approval by the Zoning Administrator or the Board of Supervisors as to
compatibility with surrounding land uses. Any outdoor speaker systems
associated with the eating facility shall be designed and operated so as
to not be audible on any adjacent properties. All outdoor seating shall
be counted toward the maximum seating ratio established above.
On roll call the vote was:
Yea: (4) Wiggins, Ashe, Zaremba, Burgett
Nay: (1) Noll
CLOSED MEETING. At 9:48 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 appointments to Boards and
Commissions; and Section 2.1-344(a)(7) pertaining to a matter involving
actual litigation and consultation with legal counsel.
On roll call the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Meeting Reconvened. At 10:08 p.m. the meeting was reconvened
in open session by order of the Chair.
Mrs. Noll 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 6th day of February, 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: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
APPOINTMENTS TO THE YORK COUNTY TRANSPORTATION SAFETY COMMISSION
Mrs. Noll moved the adoption of proposed Resolution R01-11 that
reads:
A RESOLUTION TO APPOINT TWO MEMBERS TO THE YORK COUNTY
TRANSPORTATION SAFETY COMMISSION
WHEREAS, Spindler Krause, Jr. and Leo S. Roach completed their
respective terms on the York County Transportation Safety Commission on
December 31, 2000; and
WHEREAS, Mr. Krause wishes to be considered for reappointment and
Mr. Roach does not wish to be considered for reappointment;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 6th day of February, 2001, that the following
individuals be, and they are hereby, appointed to serve on the York
County Transportation Safety Commission for terms to begin on January 1,
2001 and expire December 31, 2003:
Spindler Krause, Jr.
J. Michael Reames
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
APPOINTMENT OF A YORK COUNTY REPRESENTATIVE TO THE COLONIAL
COMMUNITY CRIMINAL JUSTICE BOARD
Mr. Burgett moved the adoption of proposed Resolution R01-28 that
reads:
A RESOLUTION TO APPOINT A YORK COUNTY REPRESENTATIVE TO THE
COLONIAL COMMUNITY CRIMINAL JUSTICE BOARD
BE IT RESOLVED by the York County Board of Supervisors this 6th
day of February, 2001, that Donald E. Wiggins be, and he is hereby,
appointed as a York County representative to the Colonial Community
Criminal Justice Board for a term to begin immediately and expire
December 31, 2003.
On roll call the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
Meeting Adjourned. At 10:15 p.m. Chairman Burgett declared
the meeting adjourned sine die.
_____________________________
_______________________________
James O. McReynolds, Clerk
James S. Burgett, Chairman
York County Board of Supervisors
York County Board of Supervisors
Back to Index
|
