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Regular Meeting
March 20, 2001
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board
of Supervisors was called to order at 7:02 p.m., Tuesday, March 20,
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. Mr. Richard Barton, Grace Episcopal Church, gave
the invocation.
Pledge of Allegiance to the Flag of the United States of
America. Chairman Burgett led the Pledge of Allegiance.
HIGHWAY MATTERS
Mr. John Mazur, Assistant Resident Engineer, Virginia Department
of Transportation (VDOT), appeared to discuss highway maters of interest
to the Board of Supervisors. He stated he had no new information to
report but offered to answer the Board's questions.
Mrs. Noll thanked VDOT for supporting a traffic light at the
intersection of Mooretown Road and Airport Road.
Mr. Wiggins asked how far the bike paths on Goodwin Neck Road
would go and when the project would be finished.
Mr. Mazur stated he wasn't sure how far the bike paths would go,
but asphalt and striping was needed, but installation would depend on
the weather conditions. He indicated a couple of weeks to a month would
be adequate time to complete the paths.
Mr. Wiggins asked that the dangerous roadside conditions of
Wolftrap, Goodwin Neck, and Hornsbyville Roads due to narrow shoulders
and piping that had been placed along the road side be checked.
Chairman Burgett mentioned that his request for potholes to be
filled was completed very promptly, and he expressed his appreciation.
PRESENTATIONS
EARLY CHILDHOOD DEVELOPMENTAL PROGRAMS
Mrs. Belinda Willis, Chief of Children's Services, appeared before
the Board with an overview of the Early Childhood Developmental
Programs. She explained that early childhood programs are critical to
the welfare and needs of young children. She further explained that the
childhood programs were in line with the Board of Supervisors' goals to
generate quality educational opportunities for all citizens. She
elaborated on some of the services such as the quality of preschool and
childcare, the long-term outcome of early childhood development,
community partners working collaboratively, and the operations of York
County government in conjunction with early childhood development.
CITIZENS COMMENT PERIOD
Ms. Jean Petkofsky, 238 Kingsgate Road, appeared to discuss her
concerns with Williamsburg Christian Academy's plan to build a private
school off Fenton Mill Road. She stated the many residents of that area
were concerned with the effect the school would have on the area. She
stated they were especially concerned about the main entrance on Fenton
Mill Road which is a very narrow road, which would also affect the
traffic on Newman Road.
Ms. Kerry Mellette, 125 Cherwell Court, also spoke about the
proposed Williamsburg Christian Academy and her belief that it would
encroach on the residential character of the surrounding neighborhoods.
She explained that the Burke property, on which the school would be
built, was an undeveloped parcel surrounded by an existing residential
neighborhood. She was concerned about the effects the one-entrance
design would have on the neighboring roads and subdivision.
Ms. Susan Sparrer, 516 Sparrer Road, spoke of the Planning
Commission meeting and the 20 speakers who spoke in favor of a
restaurant being built at the Dare Marina. She stated the speakers were
affiliates or employees of the marina. She specified that the marina
resided in a waterfront, commercial, industrial zone, and that
restaurants were not allowed in that zone. She stated she felt that the
proper place for a restaurant was at the Yorktown waterfront since it is
a business district.
Mr. Linwood G. Burcher, 701 Patricks Creek Road, stated this was
his fourth time before the Board with concerns about York County
easements. He stated he conveyed an easement to the County and expressed
his continued unhappiness with the easement and its boundary lines.
Mr. Kenneth Jaworski, 233 Kings Grant Drive, appeared to request
that his sewer connection fee be reduced to $2,500, and stated he did
not have full understanding of the terms offered. He stated once he
received a letter from the County Attorney, he went to see the County
Administrator and offered to pay the $2,500 connection fee.
Mr. Jim Hundley, 117 Old Dare Road, wanted some clear idea of when
and how the decision would be made regarding the Dare Marina. He
suggested the Board conduct a town meeting to receive citizens' input.
He also suggested that the Board members drive down Railway Road to get
an idea of what extra traffic would do to that road.
Ms. Ann Copeland, 226 Rich Road, was pleased that the Dare Marina
issue had been delayed and that further research was being done. She
expressed her concern about the lack of parking that a potential
restaurant could generate and the possibility of cars parking on Railway
Road.
Ms. Nancy Nunn, 801 Railway Road, stated that restaurants were not
allowed in the WCI zone. She indicated she felt a double standard would
be set for restaurants outside the proper zone but not for restaurants
in the WCI zone. She stated other marinas in the area were watching for
the outcome of this issue with the potential of adding restaurants to
their facilities.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett presented the Board with copies of applications for
the position of County Administrator. He explained he would continue to
collect applications as they came in since the advertisement indicated
that the position was opened until filled.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds reminded the Board of its budget work sessions
scheduled for 22, 27, and tentatively 29 March, and he mentioned
receiving input from the Board members the topics they would like to
discuss at the work sessions. He spoke of the revised calendar that
included joint meetings with the Planning Commission and the Industrial
Development Authority and the new starting time of the work sessions at
6:00 p.m. which will begin after April 3, 2001. He reported on a meeting
he attended with representatives of the Jamestown-Yorktown Foundation
Board. He then reviewed a proposed letter addressing revenue sharing
priorities for FY02 and asked Chairman Burgett to sign the letter so
that VDOT may be notified of the County's priorities for the Revenue
Sharing Program if the Board members had no objections.
MATTERS PRESENTED BY THE BOARD
Mr. Ashe reported on working with the Youth Commission and
selecting the candidates for the Outstanding Youth Awards. He stated the
winners would be presented with a Resolution on May 1, 2001, at Grace
Church following a reception for the winners. He stated the Department
of Parks and Recreation would be taking applications from teenagers in
the County who are desirous of being on the Youth Commission next year.
He also reported on his efforts to acquire funding from VDOT's
Transportation Enhancement Grant Program and thanked staff for its help
with that effort.
Mrs. Noll thanked the staff for work on the County's website. She
stated she was impressed with the web and encouraged everyone to view
the site and enjoy the available links. She reminded everyone of the
great job of the Beautification Committee and the Master Gardeners. She
recognized VDOT for the planting of daffodils along the sides of the
roads. She elaborated on the status of the King William Reservoir and
the report from the Army Corp of Engineers concerning its negative
decision for localities to obtain water from the reservoir. She
elaborated on the importance of planning for water needs in the future
and the affordability of water for everyone. She stated there was a
45-day public comment period cited in the Corps' letter, and she
encouraged citizens to voice their opinions.
Mr. Wiggins stated he had attended a few groundbreakings in the
area including the new pool for the Queen's Lake Community Center, and
the new building at St. Mark's Lutheran Church. He reported the clinic
in the Lackey area was going to build a new building with the help of
the York County Business Association, and he encouraged people to
volunteer and get involved in the project. Mr. Wiggins explained that
the Peninsula Home Builders Association was going to build a hospice
house and that his company was donating to that. He also mentioned that
a new dining room addition was planned for the Seaford Yacht Club'.
Meeting Recessed. At 7:55 p.m. Chairman Burgett declared a short
recess.
Meeting Reconvened. At 8:06 p.m. the meeting was reconvened
in open session by order of the Chair.
PUBLIC HEARINGS
VACATION OF DRAINAGE AND UTILITY EASEMENT.
Mr. Barnett made a brief presentation on proposed Ordinance No.
01-2 to authorize the execution of an instrument vacating a portion of
an existing drainage and utilities easement across property owned by
Tabb Lakes, Ltd.
Chairman Burgett called to order a public hearing on proposed
Ordinance No. 01-2 which was duly advertised as required by law and is
entitled:
AN ORDINANCE TO AUTHORIZE THE EXECUTION OF AN INSTRUMENT
VACATING A PORTION OF AN EXISTING DRAINAGE AND UTILITIES EASEMENT
ACROSS PROPERTY OWNED BY TABB LAKES, LTD.
There being no one present who wished to speak concerning the
subject Ordinance, Chairman Burgett closed the public hearing.
Mrs. Noll then moved the adoption of proposed Ordinance R01-2
which reads:
AN ORDINANCE TO AUTHORIZE THE EXECUTION OF AN INSTRUMENT
VACATING A PORTION OF AN EXISTING DRAINAGE AND UTILITIES EASEMENT
ACROSS PROPERTY OWNED BY TABB LAKES, LTD.
WHEREAS, by subdivision plat recorded in the Clerk's Office of the
Circuit Court for the County of York, Virginia, in Plat Book 11, page
177, the York County Board of Supervisors was granted a 20' drainage and
utilities easement across property now owned by Tabb Lakes, Ltd., and
designated as Parcel B2, as shown on a plat entitled "Plat of
Easement Conveyance and Easement Vacation From: Tabb Lakes, Ltd. To: The
County of York, Virginia, Bethel District, County of York,
Virginia," dated May 12, 2000, revised January 8, 2001, made by AES
Consulting Engineers, a copy of which plat is attached to the County
Attorney's report to the Board dated February 28, 2001; and
WHEREAS, Tabb Lakes, Ltd., the owner of the subject property, has
requested that the easement be vacated as shown on the plat; and
WHEREAS, following a duly advertised public hearing, the Board has
determined that the vacation of the drainage easement, coupled with the
dedication by the property owner of a substitute easement, is in the
best public interest.
NOW, THEREFORE, BE IT ORDAINED by the York County Board of
Supervisors this 20th day of March, 2001, that the County Administrator
be, and is hereby authorized, for and on behalf of the Board, to execute
an instrument vacating a portion of an existing twenty foot (20')
drainage and utilities easement, such instrument to be approved as to
form by the County Attorney.
On roll call the vote was:
Yea: (4) Zaremba, Noll, Wiggins, Burgett
Abstention: (1) Ashe
Nay: (0)
APPLICATION NO. UP-568-01, ROBERT G. HICKS
Mr. Mark Carter, Planning and Zoning Manager, made a presentation
on Application UP-568-01 to approve a use permit to authorize an 800
square foot accessory apartment in conjunction with a single-family
detached dwelling on property located at 206 Skimino Landing Road. The
Planning Commission considered the application and forwarded it to the
Board of Supervisors with a recommendation of approval, and staff
recommended approval of the application through the adoption of proposed
Resolution R01-40.
Chairman Burgett called to order a public hearing on proposed
Resolution R01-40 which was duly advertised as required by law and is
entitled:
A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE AN
ACCESSORY APARTMENT IN CONJUNCTION WITH A SINGLE-FAMILY DETACHED
DWELLING TO BE CONSTRUCTED IN SKIMINO LANDING ESTATES
There being no one present who wished to speak concerning the
subject Resolution, Chairman Burgett closed the public hearing.
Mr. Zaremba commended staff for its inclusion of the position of
the Homeowner's Association on this matter and suggested that planners
look at the regulations and ordinances to insure that there are no
future abuses of accessory apartments
Mr. Ashe then moved the adoption of proposed Resolution R01-40
which reads:
A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE AN
ACCESSORY APARTMENT IN CONJUNCTION WITH A SINGLE-FAMILY DETACHED
DWELLING TO BE CONSTRUCTED IN SKIMINO LANDING ESTATES
WHEREAS, Robert G. Hicks has submitted Application No. UP-568-01
to request a special use permit, pursuant to Section 24.1-407(c) of the
York County Zoning Ordinance, to authorize an accessory apartment in
conjunction with a single-family detached dwelling to be constructed on
property located in the southeast quadrant of the intersection of
Skimino Landing Drive and Pheasant Springs Road and further identified
as Assessor's Parcel No. 3-(2)-2B-21; and
WHEREAS, said application has been referred to the York County
Planning Commission; and
WHEREAS, the Planning Commission recommends approval of this
application; and
WHEREAS, the Board of Supervisors has conducted a duly advertised
public hearing on this application in accordance with applicable
procedure; and
WHEREAS, the Board has carefully considered the public comments,
Planning Commission recommendation, and staff recommendation with
respect to this application;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 20th day of March, 2001, that Application No.
UP-568-01 be, and it is hereby, approved, subject to the following
conditions:
1. This use permit shall authorize an accessory apartment in
conjunction with a single-family detached dwelling to be constructed on
property located in the southeast quadrant of the intersection of
Skimino Landing Drive and Pheasant Springs Road and further identified
as Assessor's Parcel No. 3-(2)-2B-21.
2. Building plans in substantial conformance with the sketch plan
submitted by the applicant shall be submitted to and approved by the
York County Department of Environmental and Development Services,
Division of Building Regulation, prior to the commencement of any
construction activities on the site.
3. Not more than one (1) accessory apartment shall be permitted in
conjunction with the principal dwelling unit.
4. The accessory apartment unit shall not contain in excess of 800
square feet.
5. The accessory apartment unit shall contain no more than one (1)
bedroom.
6. The combined number of bedrooms in the principal dwelling and
the accessory apartment unit shall not exceed five (5).
7. Adequate provisions shall be made for off-street parking of
motor vehicles in such a fashion as to be comparable with the character
of the single-family residence and adjacent properties.
8. The accessory apartment shall not be rented separate from the
principal dwelling and shall be occupied only by family members or
guests of the occupant of the single-family dwelling.
9. The accessory apartment shall be constructed in conjunction
with or subsequent to, but in no case prior to, the construction of the
principal dwelling unit.
10. In accordance with Section 24.1-115(b)(7) of the York County
Zoning Ordinance, a certified copy of the resolution authorizing this
special use permit shall be recorded at the expense of the applicant in
the name of the property owner as grantor in the office of the Clerk of
the Circuit Court.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
APPLICATION NO. UP-569-01, RICHARD AND MARY CHAPMAN
Mr. Carter made a presentation on Application No. UP-569-01 to approve a
use permit to authorize a 950 square foot accessory apartment in
conjunction with a single-family detached dwelling on property located
at 103 Winfree Lane. The Planning Commission considered the application
and forwarded it to the Board of Supervisors with a recommendation of
approval, and staff recommended approval of the application through the
adoption of proposed Resolution R01-41.
Mr. Richard Chapman, the applicant, explained that extra effort went
into the design of the apartment so that it would blend in with his
house. He stated the bottom floor would be used as a woodworking shop
and a garage.
Chairman Burgett called to order a public hearing on proposed
Resolution R01-41 which was duly advertised as required by law and is
entitled:
A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE AN
ACCESSORY APARTMENT IN CONJUNCTION WITH A SINGLE-FAMILY DETACHED
DWELLING AT 103 WINFREE LANE
There being no one present who wished to speak concerning the
subject Resolution, Chairman Burgett closed the public hearing.
Mr. Ashe then moved the adoption of proposed Resolution R01-41
which reads:
A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE AN
ACCESSORY APARTMENT IN CONJUNCTION WITH A SINGLE-FAMILY DETACHED
DWELLING AT 103 WINFREE LANE
WHEREAS, Richard and Mary Chapman have submitted Application No.
UP-569-01 to request a special use permit, pursuant to Section
24.1-407(c) of the York County Zoning Ordinance, to authorize an
accessory apartment in conjunction with a single-family detached
dwelling on property located at 103 Winfree Lane and further identified
as Assessor's Parcel No. 25-(27)-1; and
WHEREAS, said application has been referred to the York County
Planning Commission; and
WHEREAS, the Planning Commission recommends approval of this
application; and
WHEREAS, the York County Board of Supervisors has conducted a duly
advertised public hearing on this application in accordance with
applicable procedure; and
WHEREAS, the Board of Supervisors has carefully considered the
public comments, Planning Commission recommendation, and staff
recommendation with respect to this application;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 20th day of March, 2001, that Application No.
UP-569-01 be, and it is hereby, approved, subject to the following
conditions:
1. This use permit shall authorize an accessory apartment in
conjunction with a single-family detached dwelling on property located
at 103 Winfree Lane and further identified as Assessor's Parcel No.
25-(27)-1.
2. Building plans in substantial conformance with the preliminary
floor plans and building renderings dated received January 3, 2001,
submitted by the applicant shall be submitted to and approved by the
York County Department of Environmental and Development Services,
Division of Building Regulation, prior to the commencement of any
construction activities on the site.
3. Not more than one (1) accessory apartment shall be permitted in
conjunction with the principal dwelling unit.
4. The accessory apartment unit shall not contain in excess of 950
square feet.
5. The accessory apartment unit shall contain no more than one (1)
bedroom.
6. The maximum combined number of bedrooms in the principal
dwelling and the accessory apartment unit shall be four (4) unless
otherwise specified by the Health Department based on a finding that
on-site water supply and sewage treatment facilities either are not
adequate to serve the anticipated number of residents or are adequate to
serve a greater number of residents.
7. Adequate provisions shall be made for off-street parking of
motor vehicles in such a fashion as to be compatible with the character
of the single-family residence and adjacent properties.
8. The accessory apartment shall not be rented separate from the
principal dwelling and shall be occupied only by family members or
guests of the occupant of the single-family dwelling.
9. In accordance with Section 24.1-115(b)(7) of the York County
Zoning Ordinance, a certified copy of the resolution authorizing this
special use permit shall be recorded at the expense of the applicant in
the name of the property owner as grantor in the office of the Clerk of
the Circuit Court.
On roll call the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
MATTERS PRESENTED BY THE BOARD (continued)
Mr. Zaremba stated the Board of Supervisors was a user-friendly
body that encouraged citizen participation in everything it does. He
reviewed some of the rules of the meetings, including the three-minute
time limit in which citizens may state their case. He gave suggestions
for citizen presentations and asked the citizens to let the Board know
their concerns. He explained that Phase I of the revitalization of
Yorktown is almost complete. He reported on the damages, destruction,
and graffiti throughout the Yorktown village, and he asked the citizens
to report any vandalism to the proper authorities.
Chairman Burgett stated it was sad that the County had to put up
with graffiti in Yorktown, including at the new Tabb Library. He noted
the Board may want to consider some kind of program or activity to deter
this behavior in youngsters. He also reported on attending the St.
Mark's Lutheran Church groundbreaking, and stated that later this week
he would be attending the Chic Filet grand opening. Chairman Burgett
then explained the schedule for seeking a County Administrator which
included reviewing resumes this week, selecting interviewees during the
Closed Session on April 3, conducting interviews on April 10 during the
Closed Session, and then making a final selection on April 17, 2001. He
stated he would like to discuss the unfinished budget items, including
contributions and the educational elements, at the April 27 work
session. Other areas for discussion are procurement polices with regard
to sewer extensions. He further stated that after the adoption of the
budget he would like to discuss drainage issues and economic
development.
CONSENT CALENDAR
Mr. Wiggins asked that Item No. 6 be removed from the Consent
Calendar.
Mr. Zaremba asked that Item No. 10 be removed from the Consent
Calendar.
Mrs. Noll moved that the Consent Calendar be approved as amended,
Item Nos. 5, 7, 8, and 9, respectively.
On roll call the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 5. APPROVAL OF MINUTES
The minutes of the following meetings of the York County Board of
Supervisors were approved:
February 20, 2001, Regular Meeting
February 21, 2001, Adjourned Meeting
Item No. 7. PURCHASE AUTHORIZATION: Resolution R01-49(R).
A RESOLUTION TO AUTHORIZE PROCUREMENT OF AUDIT SERVICES, AND
COMPUTER UPGRADE
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 procurements are necessary and desirable, that they involve
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 20th day of March, 2001, that the County Administrator
be, and hereby is, authorized to conclude procurement arrangements for
the following:
AMOUNT
Audit Services -
FY2001
$ 47,750
Computer
Upgrade
122,000
Item No. 8. CLAXTON CREEK SANITARY SEWER EXTENSION PROJECT:
Resolution R01-58.
A RESOLUTION TO APPROVE THE EXECUTION OF A CONTRACT WITH J.
SANDERS CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE CLAXTON CREEK
VACUUM SEWER PROJECT AND TO APPROPRIATE AN ADDITIONAL $225,000 FROM
FUND 74 - WATER AND SEWER EXTENSION FUND
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; and
WHEREAS, to fully fund the Claxton Creek Sewer Project an
additional funding of $225,000 in Fund 74 - Water and Sewer Extension
Fund, is required by the Board;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 20th day of March, 2001, that additional funding
totaling $225,000 be, and is hereby, appropriated in Fund 74 - Water and
Sewer Extension Fund, for the Claxton Creek Sewer Project.
BE IT FURTHER RESOLVED that the County Administrator be, and
hereby is, authorized to conclude procurement arrangements for the
following:
AMOUNT
Claxton Creek Vacuum Sewer
Project
$ 1,165,499
Item No. 9. STREET ACCEPTANCE: Resolution R01-54.
A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF
TRANSPORTATION TO INCLUDE STREETS IN TREBOR PASTURES INTO THE
SECONDARY SYSTEM OF STATE HIGHWAYS
WHEREAS, the following streets, which are shown on plats recorded
in the Clerk's Office of the Circuit Court of York County, have been
constructed to standards equal to the Virginia Department of
Transportation's Subdivision Street Requirements as a requisite for
acceptance for maintenance as part of the Secondary System of State
Highways; and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has inspected these streets and found them to be
acceptable for maintenance; and
WHEREAS, the York County Board of Supervisors does hereby
guarantee unencumbered rights of way, as described on the following Form
SR-5A, plus the necessary easements for cuts, fills, and drainage for
these streets;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this the 20th day of March, 2001, that the Virginia
Department of Transportation be, and it hereby is, requested to add and
maintain the streets described on the following Form SR-5A as part of
the Secondary System of State Highways, pursuant to Section 33.1-229,
Code of Virginia, 1950 amended, and the regulatory requirements of VDOT.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded
to the developer of Trebor Pastures and to the Resident Engineer of the
Virginia Department of Transportation.
In the County of York
By resolution of the governing body adopted March 20, 2001
The following Form SR-5A is hereby attached and incorporated as part of
the governing body's resolution for changes in the secondary system of
state highways.
Report of Changes in the Secondary System of State Highways
Form SR-5A
Secondary Roads Division 5/1/99
Project/Subdivision
Trebor Pastures
Type of Change: Addition
The following additions to the Secondary System of State Highways,
pursuant to the statutory provision or provisions cited, are hereby
requested, the right of way for which, including additional easements
for drainage as required, is guaranteed:
Reason for Change: Addition, New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
_____________________________________________________________________________
Route Number and/or Street Name
______________________________________________________________________
Combs Loop, State Route Number 1714
Description: From: Route 1718, Trebor Lane
To: End of loop
A distance of: 0.15 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
04/28/1999, Plat Book 12, Pages 687-688, with a width of 50 ft.
Rosetta Drive (north), State Route Number 1715
Description: From: Intersection of Route 1718, Trebor Lane
To: End of cul-de-sac
A distance of: 0.04 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
04/28/1999, Plat Book 12, Pages 687-688, with a width of 50 ft.
Rosetta Drive (west), State Route Number 1715
Description: From: Intersection of Route 1718, Trebor Lane
To: End of cul-de-sac
A distance of: 0.05 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
04/28/1999, Plat Book 12, Pages 687-688, with a width of 50 ft.
Trebor Lane, State Route Number 1718
Description: From: Route 1717, Brentmeade Drive
To: 0.04 mile north to end of median
A distance of: 0.04 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
08/14/95, Plat Book 12, Pages 275-282, and on 04/28/1999, Plat Book 12,
Pages 687-688, with a width of 50 ft.
Description: From: 0.04 mile north of Route 1717, Brentmeade Drive
To: Intersection of Route 1714, Combs Loop
A distance of: 0.02 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
04/28/1999, Plat Book 12, Pages 687-688, with a width of 50 ft.
Description: From: Intersection of Route 1714, Combs Loop
To: Route 1715, Rosetta Drive
A distance of: 0.04 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
04/28/1999, Plat Book 12, Pages 687-688, with a width of 50 ft.
Item No. 6. APPOINTMENT OF SPECIAL POLICE OFFICERS: Proposed
Resolution R01-27 (Removed from the Consent Calendar)
Mr. Wiggins questioned why special police officers were needed in
the County.
Mr. McReynolds explained that in order for Mr. Seaborn and Ms.
Corbin to enforce the zoning requirements of the County, they must have
special police ability.
Mr. Wiggins then moved the adoption of proposed Resolution R01-27
which reads:
A RESOLUTION REQUESTING THE YORK COUNTY SHERIFF TO APPLY TO THE
YORK COUNTY CIRCUIT COURT FOR THE REAPPOINTMENT OF CARROLL D. SEABORN
AND THE APPOINTMENT OF JOYCELYN YVONNE CORBIN AS SPECIAL POLICE
OFFICERS
WHEREAS, Carroll D. Seaborn is presently employed as the Code
Compliance Supervisor for York County, and at the request of the Board
was appointed in 1997 by the Circuit Court as a Special Police Officer
pursuant to section 15.2-1737 of the Code of Virginia, an appointment
which expires automatically after four years; and
WHEREAS, Joycelyn Yvonne Corbin has begun employment as a Code
Compliance Officer for York County; and
WHEREAS, as such it is her responsibility to see that zoning and
other land use control laws of the County are observed and obeyed; and
WHEREAS, the Board desires to request the York County Sheriff to
apply to the Circuit Court to reappoint Carroll D. Seaborn as a Special
Police Officer, and to appoint Ms. Corbin as a Special Police Officer in
order to enable them to enforce more effectively the appropriate codes
and ordinances of York County;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 20th day of March, 2001, that it does hereby request
the York County Sheriff to make application to the Circuit Court
pursuant to section 15.2-1737 of the Code of Virginia for the
reappointment of Carroll D. Seaborn, and the appointment of Joycelyn
Yvonne Corbin, as Special Police Officers for York County, each for a
period of four years or until termination of employment with York
County, whichever shall first occur, without the requirement to carry a
weapon while carrying out official duties, and without the requirement
to wear a uniform, but without any prohibition on the wearing of any
special clothing, such appointment to authorize each of them to carry on
his or her person and present upon demand an identification card or
other document identifying them as an employee of York County and also
an attested copy of the court order as evidence of appointment as a
Special Police Officer.
BE IT FURTHER RESOLVED that the Board hereby requests the Circuit
Court to approve such application once received.
BE IT STILL FURTHER RESOLVED that the County Administrator is
authorized, upon the reappointment of Mr. Seaborn and the appointment of
Ms. Barnes, to pay whatever bonds the court may require.
BE IT STILL FURTHER RESOLVED that the Clerk of this Board shall
forward an attested copy of this resolution to the Honorable Prentis
Smiley, Judge of the Circuit Court of York County.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
Item No. 10. PUBLIC SEWER EXTENSION AGREEMENT - PRESIDENT'S
PARK: Proposed Resolution R01-56.
Mr. Zaremba asked for further clarification on this item from Mr.
Hudgins.
Mr. John Hudgins, Director of Environmental and Development
Services, explained that the Presidents' Park facility will have retail
shops and restroom facilities, and this extension is to bring water and
sewer those facilities.
Mr. Zaremba then moved the adoption of proposed Resolution R01-56
which reads:
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY
SEWER SYSTEM TO A PROPOSED DEVELOPMENT TO BE KNOWN AS PRESIDENTS PARK,
AND AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC SEWER EXTENSION
AGREEMENT
WHEREAS, FCR Group 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 a commercial development to be known as Presidents
Park; 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
$11,500.00;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 20th day of March, 2001, that the Board approves the
extension of the County's public sewer system to serve the proposed
development, Presidents Park, and that the County Administrator be, and
he hereby is, authorized to execute a public sewer extension agreement
with FCR Group 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)
NEW BUSINESS
REQUEST FOR REDUCTION OF SEWER CONNECTION FEE.
Mr. McReynolds briefed the Board on proposed Resolution R01-61 to
deny the request of Kenneth R. Jaworski for waiver of the regular sewer
connection fee. He explained this was a request by Mr. Jaworski to pay
the initial connection fee rather than the fee that is required after
the initial 90-day period has expired.
Mr. Zaremba asked if Mr. Jaworski was properly notified and that
he responded.
Mr. McReynolds stated Mr. Jaworski acknowledged having received a
notice but did not interpret the notice to be a mandatory connection and
neglected to take advantage of the lower connection fee during the
appropriate period.
Mr. Zaremba stated he felt sympathetic to Mr. Jaworski's request,
but stated the Board would be opening the doors for other such
petitions.
Mrs. Noll noted she was empathetic to Mr. Jaworski, but felt it is
the responsibility of the homeowner to make contact with the County if
the letter was not understood. She stated the County has a set of
standards, and those standards must be followed.
Mr. Wiggins also sympathized with Mr. Jaworski, but explained the
Board had had several of these requests before, and it had to charge the
full amount. Those citizens interested in purchasing lots need to
investigate the sewer tap status and fees.
Mr. Ashe stated the main purpose of bringing the sewer into the
outlying areas is to correct failing septic systems and to get more
citizens on city water. He suggested the County may need to look at the
amount of time the citizen is given to comply with the request for
connection. He also felt there might be some room to go back and look
into adjusting the time frame in which the sewer tap is installed as
opposed to when it is actually connected since there is a monthly fee
involved.
Mr. Hudgins explained the fee structures and the system of
notifications to the citizens.
Discussion followed regarding the sewer tap fees.
Chairman Burgett stated he felt sewer connection fees could be
discussed in much greater detail at a later date. He stated the
$2,500.00 initial sign-on fee was an incentive to get citizens to sign
up and that the actual cost to get the sewer was approximately
$11,000.00. He noted he felt that the current fee of $8,500.00 was still
a bargain.
Mrs. Noll then moved proposed Resolution R01-61 which reads:
A RESOLUTION DENYING THE REQUEST OF KENNETH R. JAWORSKI FOR
WAIVER OF REGULAR SEWER CONNECTION FEE
WHEREAS, Kenneth R. Jaworski has submitted to this Board a request
that the regular sewer connection fee be waived, and only the initial
sewer connection fee imposed, for a delinquent sewer connection for Mr.
Jaworski's residence at 233 Kings Grant Drive; and
WHEREAS, Mr. Jaworski has failed to connect his residence to the
facilities of the County installed as part of the Dare Section 2 sewer
project within 90 days of having been advised of the completion of the
project, and consequently is obligated by virtue of County Code §
18.2-62 to pay the regular connection fee; and
WHEREAS, County records indicate that ample notice was sent to Mr.
Jaworski advising him of the consequences for the failure to connect to
the sewer system within the time required by County ordinances;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this 20th day of March, 2001, that the Board recommends
that the request of Kenneth R. Jaworski as set out in his letter to the
Board dated March 6, 2001, is hereby denied.
On the roll call the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
Meeting Adjourned. At 8:56 p.m. Chairman Burgett declared the meeting
adjourned to 6:30 p.m., Thursday, March 22, 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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