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Regular Meeting
July 17, 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, July, 17, 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 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.
HIGHWAY MATTERS
Mr. John Mazur, Assistant Resident Engineer, Virginia Department
of Transportation (VDOT), appeared to discuss highway matters of
interest to the Board of Supervisors, and reported that the intersection
of Route 171 and Route 17 was 99 percent complete.
Mr. Ashe expressed his appreciation for VDOT's work on Yorktown
Road near the Woodlake and Running Man areas. He reported that Cary's
Capel Road was in poor condition, and asked when it would be included on
the paving schedule. He also asked that VDOT consider installing bike
paths (widened road shoulders) with some of the enhancement funds
available. He reported receiving complaints on the slurry seal that has
been put on roads, explaining citizens were concerned with the sealant
clogging the drainage systems.
Mr. Mazur stated he was not sure when Cary's Chapel Road was
scheduled to be paved. He explained the procedure that contractors used
to progress through the paving schedule, and he discussed the priorities
set for bike trails. He then explained the use of slurry seal.
Mrs. Noll thanked VDOT for the intersection improvements at Routes
171 and 17, and stated the synchronization of the stoplights has
improved.
Mr. Wiggins stated VDOT was doing a good job in the Hornsbyville
Road area and thanked Mr. Mazur for his help. He reported a large hole
in need of repair near the railroad tracks on Wolftrap Road, but stated
he wasn't sure if it was VDOT's responsibility or that of CSX.
Mr. Zaremba expressed his concern about traffic studies conducted
when a developer intends to build a subdivision. He asked what role VDOT
had in the traffic study review process.
Chairman Mazur explained how VDOT utilized those studies, indicating the
studies may be distributed to several different VDOT divisions depending
on the size of the project.
Mr. Burgett mentioned a culvert in the Jethro Lane area that had
collapsed, and asked VDOT to look at it right away. He thanked VDOT for
doing such a good job.
PRESENTATIONS
INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARDS AND COMMISSIONS
Chairman Burgett introduced and welcomed the following newly
appointed members to Boards and Commissions, and presented them with
Boards and Commissions Handbooks and York County pins:
Leonard R. Miller, Industrial Devlopment Authority
Flora B. Adams, Senior Center Board
Dana S. Burgett, Senior Center Board
John H. Dickens, Senior Center Board
Grace R. Dickens, Senior Center Board
Willie J. McIntosh, Senior Center Board
EMPLOYEE RECOGNITION PROGRAM
Chairman Burgett congratulated Don E. Willis for having attained
20 years of service to the County, and presented him with a 20-year
service pin and certificate.
CITIZENS COMMENT PERIOD
Mr. Michael Amundson, 109 Haverstraw Court, appeared on behalf of
the York Crossing Homeowners Association with concerns about parking on
the streets. He reported that trucks and buses park on the streets,
sometimes resulting in a dangerous situation for children and drivers.
He stated that some citizens are bothered by odors from diesel fumes,
and he would like to see those vehicles be made to park somewhere else.
Mr. Frank Mayhew, 103 Resolution Drive, voiced his displeasure
with vehicles parking on the streets in the York Crossing neighborhood.
He told of an accident involving a child due to school buses and trucks
parked along side the road. He indicated he was concerned for both the
safety of the neighborhood children and the possibility that his
property value may decrease. He asked the Board to eliminate parking on
the residential streets.
Ms. Ellen Wirt, 210 Fishneck Landing Road, a member of the York
Crossing Homeowners Board of Directors, spoke against the parking of
trucks and school buses on the streets. She noted she was concerned for
her property value and also the hazards of allowing vehicles to park on
the streets.
Mr. Mark Doyon, 116 Souverain Landing Road, spoke on the safety
issues concerning the parking of buses and trucks on the streets of York
Crossing. He asked the Board to consider doing something to eliminate
parking on the streets.
Ms. Victoria Foster, 103 Royal Grant Drive, appeared to discuss
the sale of a tract of land by the York County School Board, located
between Queen's Lake Middle School and Interstate 64 that would
accommodate an entrance into a development proposed behind the school.
She stated the property was proposed to be in exchange for a piece of
property adjacent to York High School. She noted she was concerned with
the traffic impact and the safety of the neighborhood since the road
would serve as the only entrance and exit into a residential area. She
asked the Board to look into an alternative entrance and exit for that
area.
Ms. Carol Miller, 128 Rockmor Lane, appearing on behalf of the
Wythe Creek Farms subdivision, presented a petition opposing an access
road proposed between Wythe Creek Farms and Running Man subdivisions
because of concerns about increased traffic flow through the residential
areas.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett explained that he had prepared draft ordinances for
both parking and graffiti and would present them to the Board at the
July 24th work session.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds discussed the upcoming work session on July 24. He
explained the agenda included the draft parking and graffiti ordinances
and discussions with the Parks and Recreation Advisory Board. There
would also be discussions on tourism fund allocations and redistricting.
Meeting Recessed. At 7:50 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. ZM-57-01, R. B. FORREST CO., INC.
Mr. J. Mark Carter, Planning and Zoning Manager, made a
presentation on Application No. ZM-57-01 to amend the proffered
conditions for property located in the northeast quadrant of the
intersection of Goodwin Neck Road and Freedom Boulevard in Victory
Industrial Park. He explained the applicant intended to subdivide the
property into two lots which would be compatible with Victory Industrial
Park. 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 Ordinance No. 01-14.
Chairman Burgett called to order a public hearing on Application
No. ZM-57-01 that was duly advertised as required by law. Proposed
Ordinance No. 01-14 is entitled:
AN ORDINANCE TO APPROVE APPLICATION NO. ZM-57-01 TO AMEND THE
CONDITIONS ESTABLISHED BY ORDINANCE NO. O97-11 APPLICABLE TO THE IL
(LIMITED INDUSTRIAL) CLASSIFICATION OF 7.58 ACRES IN THE NORTHEAST
QUADRANT OF THE INTERSECTION OF GOODWIN NECK ROAD AND FREEDOM
BOULEVARD IN VICTORY INDUSTRIAL PARK
There being no one present who wished to speak regarding the
subject application, Chairman Burgett closed the public hearing.
Mrs. Noll then moved the adoption of proposed Ordinance No. 01-14
that reads:
AN ORDINANCE TO APPROVE APPLICATION NO. ZM-57-01 TO AMEND THE
CONDITIONS ESTABLISHED BY ORDINANCE NO. O97-11 APPLICABLE TO THE IL
(LIMITED INDUSTRIAL) CLASSIFICATION OF 7.58 ACRES IN THE NORTHEAST
QUADRANT OF THE INTERSECTION OF GOODWIN NECK ROAD AND FREEDOM
BOULEVARD IN VICTORY INDUSTRIAL PARK
WHEREAS, R. B. Forrest Co., Inc., has submitted Application No.
ZM-57-01, which requests amendment of the conditions established by
Ordinance No. O97-11 applicable to the IL (Limited Industrial)
classification of 7.58 acres located in the northeast quadrant of the
intersection of Goodwin Neck Road and Freedom Boulevard in Victory
Industrial Park and further identified as Assessor's Parcel No.
24-(60)-36; and
WHEREAS, said application has been forwarded to the York County
Planning Commission in accordance with applicable procedure; 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; 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 ORDAINED by the York County Board of
Supervisors this 17th day of July, 2001, that it does hereby approve
Application No. ZM-57-01 to amend the conditions established by
Ordinance No. O97-11 applicable to the IL (Limited Industrial)
classification of 7.58 acres located in the northeast quadrant of the
intersection of Goodwin Neck Road and Freedom Boulevard in Victory
Industrial Park and further identified as Assessor's Parcel No.
24-(60)-36, as follows:
1. All building facades facing Goodwin Neck Road or Freedom
Boulevard shall be of brick, architectural block, or residential siding.
2. All bay doors and loading areas shall be oriented away
from Goodwin Neck Road.
3. All outside storage areas shall be screened from Goodwin
Neck Road by building(s), fencing, landscaping, or a combination
thereof.
BE IT FURTHER ORDAINED that the conditions stated above shall
supersede the conditions listed in Ordinance No. O97-11, as applied to
the above-referenced parcel.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
APPLICATION NO. ZM-58-01, OLIVET MEDICAL MINISTRY, INC., t/a
LACKEY FREE FAMILY CLINIC
Mr. Carter made a presentation on Application No. ZM-58-01 to
reclassify from R-13-High Density Single Family Residential, to
Neighborhood Business a one-acre portion of a 2.4-acre parcel located at
the corner of Dogwood Road and Old Williamsburg Road for the
construction of a medical office serving the Lackey area. He explained
the property was currently zoned R13, and the proposal is to extend the
Neighborhood Business classification onto the 1-acre parcel. 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
Ordinance No. 01-15.
Mr. B. M. Millner, attorney, appeared on behalf the medical clinic
to answer any of the Board's questions.
Chairman Burgett called to order a public hearing on Application
No. ZM-58-01 that was duly advertised as required by law. Proposed
Ordinance No. 01-15 is entitled:
AN ORDINANCE TO APPROVE APPLICATION NO. ZM-58-01 TO AMEND THE
YORK COUNTY ZONING MAP BY RECLASSIFYING APPROXIMATELY A 1- ACRE
PORTION OF A 2.4-ACRE PARCEL LOCATED AT THE INTERSECTION OF DOGWOOD
ROAD (ROUTE 659) AND OLD WILLIAMSBURG ROAD (ROUTE 238) FROM R13 (HIGH
DENSITY SINGLE FAMILY RESIDENTIAL) TO NB (NEIGHBORHOOOD BUSINESS)
Ms. Anna Herzberg, 110 Dogwood Road, an adjoining neighbor, asked
if a privacy fence would be installed around the facility. She was
concerned that a nearby drainage ditch was at full capacity, and she
suggested it be reworked to accommodate the facility.
There being no one else who wished to speak regarding the subject
ordinance, Chairman Burgett closed the public hearing.
Mrs. Noll moved the adoption of proposed Ordinance No. 01-15 that
reads:
AN ORDINANCE TO APPROVE APPLICATION NO. ZM-58-01 TO AMEND THE
YORK COUNTY ZONING MAP BY RECLASSIFYING APPROXIMATELY A 1- ACRE
PORTION OF A 2.4-ACRE PARCEL LOCATED AT THE INTERSECTION OF DOGWOOD
ROAD (ROUTE 659) AND OLD WILLIAMSBURG ROAD (ROUTE 238) FROM R13 (HIGH
DENSITY SINGLE FAMILY RESIDENTIAL) TO NB (NEIGHBORHOOOD BUSINESS)
WHEREAS, Olivet Medical Ministry, Inc., has submitted Application
No. ZM-58-01 which requests an amendment to the York County Zoning Map
by reclassifying from R13 (High Density Single Family Residential) to NB
(Neighborhood Business) approximately a 1-acre portion of a 2.4-acre
parcel located at the intersection of Dogwood Road (Route 659) and Old
Williamsburg Road (Route 238) and further identified as Assessor's
Parcel No(s). 17-37D and 17-37A; 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 ORDAINED by the York County Board of
Supervisors this 17th day of July, 2001, that it does hereby approve
Application No. ZM-58-01 to amend the York County Zoning Map by
reclassifying from R13 (Medium Density Single Family Residential) to NB
(Neighborhood Business) a 1-acre portion of a 2.4 acre parcel located at
the intersection of Dogwood Road (Route 659) and Old Williamsburg Road
(Route 238) and further identified as Assessor's Parcel No(s). 17-37D
and 17-37A. The property is further identified as follows:
All that certain piece, parcel or lot of land known as Parcel 'A'
containing 1.0120 Ac. As shown on plat entitled "Plat Showing
Proposed Division of the Property of William Washington et ux Parcels
'A' and 'B' Nelson District County of York, Virginia", dated April
19, 2001, made by Alphonso and Associates, Inc., a copy of which is
attached hereto and part thereof by reference thereto. The property may
be more accurately described as follows:
Beginning at a point on the southern side of Route 238, being the
northeasterly corner of the tract being described, and from said point
of beginning running along the west side of Dogwood Road S 4° 07'
55" W 105.17 feet to a point; thence continuing along the west side
of Dogwood Road S 4° 43' 57" W 69.31 feet to a point; thence
turning and running N 83° 46' 19" W 100.0 feet to a point; thence
N 81° 28' 25" W 37.22 feet to a point; thence N 88° 04' 24"
W 146.38 feet to a point; thence turning and running N 7° 58' 35"
W 200.0 feet to the southerly side of Route 238 distance the R of which
= 1161.46', and the A of which = 72.65' to a point; thence N 85° 21'
06" E 241.93 feet to the point of beginning.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba Burgett
Nay: (0)
AMENDMENT TO YORK COUNTY CODE: LAND DISTURBING ACTIVITY PERMITS
Mr. Barnett made a presentation on proposed Ordinance No. 01-07 to
amend the York County Code relative to the approval of applications for
land disturbing activity permits to bring it into conformance with the
Code of Virginia. He explained that the Code now requires the owner or
applicant to provide the name of the individual holding a Certificate of
Confidence in order to be issued a land disturbing permit.
Mr. Wiggins asked who would be able to obtain the certificates.
Mr. Barnett stated he felt an engineering company would be most
likely to obtain the certificates.
Mr. Ashe expressed concern about the certification requirements
and who would be required to obtain permits.
Mr. John Hudgins, Director of Environmental and Development
Services, stated that some of the larger developers and contractors
already have the certifications needed. He explained the training aspect
had not been resolved yet, and he felt it was hard to implement the
rules when the procedures have not been established. He further stated
all the answers are not apparent at the present time.
Mr. Ashe stated he felt all the answers should be gathered before
the Board acted on the matter.
Chairman Burgett stated there was a state law already in effect,
and this amendment would simply recognize that.
Mr. Zaremba stated it was the law of the land, but he felt it
needed more definition.
Mrs. Noll stated she felt that even though the ordinance was
ambiguous, the County needed to be in compliance with the state.
Mr. Ashe stated he resented the state requiring mandates with no
set procedures or guidelines. He noted he was concerned with the effects
the ordinance may have on developers and homeowners, and he suggested
tabling the matter.
Chairman Burgett stated the state law would not change no matter
how the Board proceeded. He did not feel that tabling the matter would
accomplish anything.
Mr. Zaremba stated that even though the County had yet to address
the matter in its Ordinance, it did not relieve the responsible
individual from complying. He stated he was opposed to having something
on the County's books until it had been flushed out and made meaningful.
Mr. Ashe then moved to table proposed Ordinance No. 01-07.
On roll call the vote was:
Yea: (4) Wiggins, Ashe, Zaremba, Burgett
Nay: (1) Noll
AMENDMENT TO YORK COUNTY CODE: STORM WATER MANAGEMENT FACILITIES
Mr. Barnett made a presentation on proposed Ordinance No. 01-11 to
amend Section 20.5-75 of the York County Code regarding the calculation
of pro rata costs of regional storm water management facilities to bring
it into conformance with the Code of Virginia. He explained the proposed
Ordinance was to keep up with statutory changes in the law.
Mr. Ashe asked if there was a model facility developed so the
Board would know how to better deal with the issue.
Mr. Barnett was not sure how far staff had gotten in creating
regional plans.
Mr. Hudgins stated that regional facilities were something of the
future, and the discussion of any pro-rata share of storm water
detention systems had only taken place during the Drainage Committee
meetings. He stated all facilities were privately owned, and no regional
facilities existed at this time.
Mr. Ashe discussed the City of Newport News' fee structure, and
stated it is a heavy fee. He indicated he would like to see a model of
how this was going to be performed, and he requested the issue come back
before the Board at a later time.
Chairman Burgett explained that regional facilities were going to
be a thing of the future and that the ordinance would put things in
place for when that happens. He then called to order a public hearing on
proposed Ordinance 01-11 that was duly advertised as required by law and
is entitled:
AN ORDINANCE TO AMEND SECTION 20.5-75, DRAINAGE, YORK COUNTY
CODE, REGARDING THE CALCULATION OF PRO RATA COSTS OF REGIONAL STORM
WATER MANAGEMENT FACILITIES
There being no one present who wished to speak concerning the
subject ordinance, Chairman Burgett closed the public hearing.
Mr. Wiggins stated this was needed and cited Dandy as an example
of that need. He reported that the ditches do not drain in that area due
to development. He noted how developers allowed the drainage to go out
into the road.
Mr. Hudgins advised that if the Board decides to develop
County-owned regional facilities, there are a number of examples of fee
structures from other jurisdictions that can be examined.
Mr. Barnett explained the statutory ordinance revision, and noted
he was trying to prevent the County's ordinances from slowly drifting
out of sync with the State Code. He explained this change was a
housekeeping amendment and would give the County the flexibility that is
not in the current statute.
Chairman Burgett explained this was a state statute that had
already been passed, and it would simply keep the Ordinance up to date.
Mr. Wiggins then moved the adoption of proposed Ordinance 01-11
that reads:
AN ORDINANCE TO AMEND SECTION 20.5-75, DRAINAGE, YORK COUNTY
CODE, REGARDING THE CALCULATION OF PRO RATA COSTS OF REGIONAL STORM
WATER MANAGEMENT FACILITIES
BE IT ORDAINED by the York County Board of Supervisors this 17th
day of July, 2001, that section 20.5-75, York County Code, be and it is
hereby amended as follows:
Sec. 20.5-75. Drainage.
* * *
(b) Off-site drainage costs. The subdivider shall be required to
pay a pro rata share of the cost of providing reasonable and necessary
drainage improvements located outside of the property limits of land
owned or controlled by him whenever all of the following conditions
exist:
(1) The county determines that such off-site improvements are
necessitated at least in part by the construction or improvement of the
subdivision.
(2) The county or other appropriate authority has established a
general drainage improvement program for an area having related and
common drainage conditions.
(3) The subdivider's property is located within said designated area
covered by such program.
(4) The estimated cost of the total drainage improvement program
has been determined.
(5) The estimated storm water runoff has been established for the
designated area served by such program.
The subdivider's share of the above-estimated cost of improvements
shall be limited to the amount necessary to protect water quality based
upon the pollutant loading caused by the subdivision or development or
the proportion of such estimated cost which the volume and velocity of
storm water runoff to be caused by his subdivision bears to the total
estimated volume and velocity of runoff from such area in its fully
developed state. In calculating the pollutant loading caused by the
subdivision or development or volume and velocity of storm water runoff,
the county shall take into account the effect of all on-site storm water
facilities or best management practices constructed or required to be
constructed by the subdivider or developer and give appropriate credit
therefor.
Any cash payment received by the county shall be expended only for
construction of those facilities identified in the established drainage
facilities improvement program and until so expended, shall be held in a
separate account for the individual improvement program.
On roll call the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
EXEMPTION TO E911 TAX
Mr. Barnett made a presentation on proposed Ordinance No. 01-13 to
amend Section 21-90 of the York County Code to provide that the E911 tax
shall not be imposed on consumers of commercial radio services.
Chairman Burgett called to order a public hearing on proposed
Ordinance 01-13 that was duly advertised as required by law and is
entitled:
AN ORDINANCE TO AMEND SECTION 21-90, YORK COUNTY CODE, PROVIDING
THAT THE E911 TAX SHALL NOT BE IMPOSED ON CONSUMERS OF COMMERCIAL
MOBILE RADIO SERVICES
There being no one present who wished to speak concerning the
subject Ordinance, Chairman Burgett closed the public hearing.
Mr. Ashe then moved the adoption of proposed Ordinance 01-13 that
reads:
AN ORDINANCE TO AMEND SECTION 21-90, YORK COUNTY CODE, PROVIDING
THAT THE E911 TAX SHALL NOT BE IMPOSED ON CONSUMERS OF COMMERCIAL
MOBILE RADIO SERVICES
BE IT ORDAINED by the York County Board of Supervisors this 17th
day of July, 2001, that section 21-90, York County Code, be and it is
hereby amended as follows:
Sec. 21-90. Imposed.
Pursuant to the provisions of section 58.1-3813.1, Code of
Virginia, there is hereby imposed a special tax of two dollars and
eighteen cents ($2.18) per month on each consumer of telephone service
for each telephone line provided by any corporation subject to the
provisions of chapter 26, title 58.1, Code of Virginia; provided,
however, that this tax is not imposed on federal, state or local
government agencies, or on any consumers of any commercial mobile radio
service, as such term is defined in Code of Virginia section 56-484.12.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
RIGHT OF WAY AGREEMENT FOR EASEMENT
Mr. Barnett made a presentation on proposed Resolution R01-132 to
authorize the execution of a right-of-way agreement to convey an
easement to Dominion Virginia Power across a portion of property owned
by the County on Old Williamsburg Road and located within Charles E.
Brown Park.
Chairman Burgett called to order a public hearing on proposed
Resolution R01-132 that was duly advertised as required by law and is
entitled:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A
RIGHT OF WAY AGREEMENT TO CONVEY AN EASEMENT TO DOMINION VIRGINIA
POWER ACROSS A PORTION OF PROPERTY OWNED BY THE COUNTY ON OLD
WILLIAMSBURG ROAD AND LOCATED WITHIN CHARLES E. BROWN PARK
There being no one present who wished to speak concerning the
subject Resolution, Chairman Burgett closed the public hearing.
Mrs. Noll then moved the adoption of proposed Resolution R01-132
that reads:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A
RIGHT OF WAY AGREEMENT TO CONVEY AN EASEMENT TO DOMINION VIRGINIA
POWER ACROSS A PORTION OF PROPERTY OWNED BY THE COUNTY ON OLD
WILLIAMSBURG ROAD AND LOCATED WITHIN CHARLES E. BROWN PARK
WHEREAS, Dominion Virginia Power has requested an easement from
the County for the purpose of installing a warning siren which will
sound in the event of a nuclear accident at the Surry Nuclear Power
Plant; and
WHEREAS, following a duly advertised public hearing, the Board has
determined that it is in the best interest of the public that such
easement be granted.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 17th day of July, 2001, that the County Administrator
be, and is hereby authorized, for and on behalf of the Board, to execute
a right of way agreement to convey an easement to Dominion Virginia
Power as shown on a plat attached to the County Attorney's report to the
Board dated June 15, 2001, such agreement to be approved as to form by
the County Attorney.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
MATTERS PRESENTED BY THE BOARD
Mr. Zaremba commented on a Daily Press article that pointed out
York County was leading the way in trying to resolve flooding problems
in areas prone to flooding. He spoke concerning the water company that
provides water through an antiquated system in the Hubbard Lane and
Queen's Lake areas. He briefly mentioned the lack of water pressure in
fire hydrants in the Nelson Park area, and the necessity of increasing
the water pressure in that area. He addressed the work session to be
held on July 24th and the opportunity it would provide for members of
the Parks and Recreation Advisory Board to discuss their interests,
comments, and concerns in the County's recreation programs.
Mr. Wiggins stated he had attended the Commonwealth Transportation
Board meeting where localities have the opportunity to express their
desires for road improvements. He felt that traffic on Route 17 was a
major problem in the County, and he discussed the possible widening
north of Fort Eustis Boulevard. He felt the County would benefit more if
the lane widening were to be at the southern end of Route 17. He stated
money was requested from the Transportation Board for the widening and
expressed the Board's commitment to correcting Route 17 and improving
drainage in the County. He also encouraged citizens to use the bike
lanes.
Mrs. Noll reiterated Mr. Wiggins' comments regarding the
Commonwealth Transportation Board in connection to the widening of Route
17 and 171. She stated she participated in a VACO round table discussion
with the Joint Legislative and Audit Review Committee to review VDOT
policies and funding. She thanked the Fourth of July Committee for its
hard work as well as the volunteers who participated in the celebration
activities. She also thanked the emergency personnel and sheriff's
office for their participation.
Mr. Ashe stated the Department of Housing and Community
Development Board is presently reviewing the uniform statewide building
code. He advised that the Virginia Housing and Development Authority (VHDA)
had approved 17 new, low-income housing projects across the state. He
reported that drainage and transportation seemed to be the main concern
at his town hall meeting at Tabb High School. He thanked Mr. Josh Lee
for his assistance in getting the Fuel Farm released. He stated there
were approximately 30 homes on Cary's Chapel Road without sewer and that
the septic tanks were overflowing and that a new sewer system will be
installed in February, 2002. Mr. Ashe stated he would meet with VDOT
representatives on July 23rd to discuss these issues. He then noted he
received a petition from the Wythe Creek Farms Homeowner's Association
requesting to have the connecting roads closed between Running Man and
Wythe Creek Farms. He spoke on the possibility of having a park in the
lower end of the County, and he thanked the members of the Fourth of
July Committee for their work at the July 4th celebration.
Chairman Burgett reported that some of the graffiti in the County
had been cleaned up. He stated he was anxious to have the graffiti
ordinance in place to help eliminate the nuisance. He received a thank
you letter from a citizen with a special appreciation to the Board and
staff for their efforts in helping with the drainage problems. He
mentioned the consideration of 911 Tax Relief for residents of nursing
homes and other similar care facilities. He spoke on the population
growth rate in the County and stated that from 1990-1995 it averaged
over 4 percent. In the past four years, the average population growth
rate has been 2.35 percent, with a further decline expected this year at
2.2 percent. He reported that Gloucester County's growth rate had
increased, adding to the traffic congestion on Route 17. He personally
thanked Mr. Ashe for his services on committees and his personal
contacts with VDOT leaders and the Secretary of Transportation that have
helped the County secure funding.
CONSENT CALENDAR
Mr. Ashe asked that his statement in the June 9 Adjourned Meeting
minutes, page 228, be amended to read "In terms of a commercial or
industrial developer, . . ."
Mrs. Noll requested that Item No. 10 be removed from the Consent
Calendar.
Mrs. Noll then moved that the Consent Calendar be approved as
amended, Item Nos. 7, 8, 9, 11, 12 and 13, 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. 7. APPROVAL OF MINUTES
The minutes of the following meetings of the York County Board of
Supervisors were approved:
June 5, 2001, Regular Meeting
June 9, 2001, Adjourned Meeting
June 12, 2001, Adjourned Meeting
June 19, 2001, Regular Meeting
Item No. 8. VIRGINIA COOPERATIVE EXTENSION ANNUAL MEMORANDUM
OF UNDERSTANDING: Resolution R01-128.
A RESOLUTION TO AUTHORIZE THE EXECUTION OF AN AGREEMENT TO
PROVIDE FOR THE OPERATION OF THE VIRGINIA COOPERATIVE EXTENSION
SERVICES OFFICE FOR FY2002
WHEREAS, the Virginia Cooperative Extension Service has maintained
an office to provide service to York County citizens under a
cost-sharing agreement which has been in effect since 1983; and
WHEREAS, the Board of Supervisors authorized funding for this
activity in the FY2002 approved budget sufficient to continue
participation in this program and to provide an adequate level of
service to the citizens of York County;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 17th day of July, 2001, that the County Administrator
be, and he is hereby, authorized to execute for and on behalf of the
Board, a Memorandum of Understanding with the Virginia Cooperative
Extension Service, including any necessary amendments thereto, that has
been approved as to form by the County Attorney and which is
substantially in the same form as that which was transmitted to the
Board by report of the County Administrator dated July 3, 2001, for the
provision of Virginia Cooperative Extension Services within the County.
ITEM NO. 9. APPROVAL OF PROCUREMENT ACTION: Resolution R01-135.
A RESOLUTION TO AUTHORIZE THE PROCUREMENT OF THE SERVICES
NECESSARY FOR THE INSTALLATION OF DRAINAGE STRUCTURES IN A RAVINE IN
MARLBANK COVE, POLICE PACKAGE VEHICLES, ADDITIONAL SHORELINE
ENGINEERING SERVICES, AND UPGRADE VIDEO 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 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 17th day of July, 2001, that the County Administrator
be, and hereby is, authorized to conclude procurement arrangements for
the following:
AMOUNT
Marlbank Cove Ravine
Restoration
$400,525
Police Package
Vehicles
146,158
Shoreline
Engineering
64,955
Upgrade Video
Services
79,998
ITEM NO. 11. COMMENDATION OF DR. VAUGHAN H. HOWARD, JR.:
Resolution No. R01-136.
A RESOLUTION TO COMMEND VAUGHAN H. HOWARD, JR., M.D., A.B.E.M.,
A.B.F.P., FOR SERVICE AS OPERATIONAL MEDICAL DIRECTOR FOR THE YORK
COUNTY DEPARTMENT OF FIRE AND LIFE SAFETY
WHEREAS, Dr. Vaughan H. Howard, Jr., was appointed by the York
County Board of Supervisors to serve as the Operational Medical Director
for the York County Department of Fire and Life Safety on July 20, 1989;
and
WHEREAS, Dr. Vaughan H. Howard, Jr., has faithfully executed the
duties and responsibilities of Operational Medical Director, ensuring
the provision of quality basic and advanced life support pre-hospital
emergency medical services for the citizens and visitors of York County,
Virginia; and
WHEREAS, Dr. Vaughan H. Howard, Jr., represented York County on
the Peninsulas Emergency Medical Services Council's Medical Direction
Committee and was selected by his peers to chair that committee and to
serve multiple consecutive terms as the region's Operational Medical
Director; and
WHEREAS, Dr. Vaughan H. Howard, Jr., was instrumental in the
development of the first Emergency Medical Technician - Paramedic
Educational Program on the Virginia Peninsula and served as its Course
Medical Director for many years; and
WHEREAS, Dr. Vaughan H. Howard, Jr., provided the medical
direction and counsel to help guide the York County Department of Fire
and Life Safety to an unprecedented three awards as the region's
Outstanding EMS Agency, statewide recognition as the Outstanding EMS
Agency in the Commonwealth of Virginia and recognition as the runner-up
for the National Association of Emergency Medical Technician's Advanced
Life Support Agency of the Year Award; and
WHEREAS, Dr. Vaughan H. Howard, Jr., has provided his personal
time and commitment and his professional knowledge and dedication
totally without financial compensation; and
WHEREAS, the knowledge of Dr. Vaughan H. Howard, Jr., has helped
improve the effectiveness, response and delivery of emergency medical
services, and made York County a better and safer place to reside and
visit; and
WHEREAS, the services of Dr. Vaughan H. Howard, Jr. merit the
admiration, respect and sincere appreciation of all our citizens;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 17th day of July, 2001, that in consideration of his
many and significant contributions to York County as its Operational
Medical Director, Dr. Vaughan H. Howard, Jr., be and hereby is
recognized and commended and his accomplishments are brought to the
attention of all our citizens.
ITEM NO. 12. GRANT APPLICATON - BUREAU OF JUSTICE ASSISTANCE:
Resolution R01-131.
A RESOLUTION TO DESIGNATE THE COUNTY ADMINISTRATOR AS YORK
COUNTY'S AGENT FOR THE PURPOSE OF APPLYING FOR GRANT FUNDING UNDER THE
LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM FROM THE BUREAU OF JUSTICE
ASSISTANCE, DEPARTMENT OF JUSTICE
BE IT RESOLVED by the York County Board of Supervisors this the
17th day of July, 2001, that the County Administrator for the County of
York, Virginia, as the County's agent, is hereby authorized to execute
for and in behalf of York County, a public entity established under the
laws of the Commonwealth of Virginia, an application for grant funding
from the Bureau of Justice Assistance, Department of Justice, under the
Local Law Enforcement Block Grant program.
BE IT FURTHER RESOLVED by the York County Board of Supervisors
that York County, a public entity established under the laws of the
Commonwealth of Virginia, hereby authorizes its agent to act in
connection with the grant application and provide to the Bureau of
Justice Assistance such additional information as may be required.
ITEM NO. 13. COMMENDATION OF JOANN FALLETTA: Resolution R01-133.
A RESOLUTION TO RECOGNIZE AND EXPRESS APPRECIATION TO MAESTRO
JOANN FALLETTA ON THE OCCASION OF HER TENTH ANNIVERSARY WITH THE
VIRGINIA SYMPHONY
WHEREAS, for 81 years the Virginia Symphony has enriched the
cultural life of the Commonwealth, receiving national recognition for
its artistic excellence and community out-reach programs; and
WHEREAS, The Virginia Symphony performs more than 150 classical,
pops, family, educational, and outreach concerts each year, including
performances accompanying the acclaimed Virginia Opera; and
WHEREAS, The Virginia Symphony provides educational programs
annually for more than 200,000 school students throughout the Hampton
Roads and Peninsula regions; and
WHEREAS, Maestro JoAnn Falletta was appointed as the orchestra's
11th Music Di-rector in 1991, and she continues to win engagements as
guest conductor of the world's leading symphony orchestras; and
WHEREAS, under Maestro Falletta's direction, The Virginia Symphony
has risen to new artistic heights as a member of the International
Conference of Symphony and Opera Musicians, and has received accolades
from critics throughout the classical music world; and
WHEREAS, Maestro Falletta has led The Virginia Symphony in its
debut performances at New York's renowned Carnegie Hall and The Kennedy
Center in Washington, D.C.; and
WHEREAS, under her leadership, The Virginia Symphony provides the
foundation for all orchestral musical activities in the Hampton Roads
area, and performs as part of the Virginia Arts Festival, making a major
contribution to the economy of this region; and
WHEREAS, The Virginia Symphony has provided Yorktown with four
performances that have enhanced the cultural experience for County
residents;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 17th day of July, 2001, that Maestro JoAnn Falletta
and The Virginia Symphony are hereby congratulated on their outstanding
success and commended for the immense joy they bring to music lovers
everywhere.
BE IT FURTHER RESOLVED that the Board of Supervisors, on behalf of
the citizens of York County, hereby expresses its high regard for the
sustained excellence of The Virginia Symphony under Maestro Falletta's
distinguished direction during the past decade.
ITEM NO. 1O. REQUEST FOR TAX REFUND: Resolution R01-130
(Removed from the Consent Calendar)
Mrs. Noll stated there was $254.46 worth of interest that has to
be paid because of an error made on the part of the Treasurer's Office.
She would have thought that when someone receives a tax bill that is
higher than they normally are used to paying that they would immediately
call to find out what the problem was. They haven't done that.
Mr. Barnett explained that he looked up the statute and concluded
that erroneous tax payment included any payment that was made in error,
regardless of who made the error.
Mr. McReynolds stated that the interpretation was consistent with
most of the localities.
Mrs. Noll then moved the adoption of proposed Resolution R01-130
that reads:
A RESOLUTION AUTHORIZING A TAX REFUND TO CARRIE WRAY CURTIS,
TRUSTEE REVOCABLE LIVING TRUST
WHEREAS, York County Code § 21-7.3 requires approval from the
Board of Supervisors for the payment of any refund of taxes, penalties
and interest in excess of $2,500.00; and
WHEREAS, Carrie Wray Curtis, Trustee Revocable Living Trust has
made application to the Commissioner of the Revenue for a tax refund for
taxes erroneously paid on real property by virtue of the erroneous
non-application of the reduced tax assessment for which the property
qualified under the County's land use assessment program; and
WHEREAS, the Commissioner of the Revenue, the Treasurer, and the
County Attorney have recommended that the request for a tax refund with
interest, be granted in the amount of $3,521.60;
NOW, THEREFORE, BE IT RESOLVED that the Commissioner of the
Revenue is authorized to refund to Carrie Wray Curtis, Trustee Revocable
Living Trust erroneously paid real property taxes in the amount of
$3,267.14, together with interest accrued thereon in the amount of
$254.46, for a total refund of $3,521.60.
On roll call the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
NEW BUSINESS
APPROVAL OF ARTS FUNDING
Mrs. Anne Smith, Director of Community Services, made a
presentation on proposed Resolution R01-119 to approve FY2002 County and
State funding for local arts organizations. She listed the areas where
funding would be utilized and cited some of the benefits and events
sponsored. She then introduced Sheila Myers, a representative from the
York County Arts Commission, who appeared to address questions the Board
might have.
Mr. Zaremba stated one of the organizations requesting funding was
a state organization that was fully funded, and the County had received
a request to fund some of its activities.
Ms. Myers explained the nature of some of the organizations and
their events scheduled for the year.
Discussion ensued regarding funding of organizations.
Mr. Zaremba then moved the adoption Resolution R01-119 that reads:
A RESOLUTION TO APPROVE FY2002 COUNTY AND STATE FUNDING FOR
LOCAL ARTS ORGANIZATIONS
WHEREAS, the Board of Supervisors appropriated $52,900 in support
of local cultural arts organizations in the FY2002 budget and York has
received notification of a $5,000 grant award from the Virginia
Commission for the Arts to supplement the County's appropriation for the
arts; and
WHEREAS, the York County Arts Commission was appointed by the
Board of Supervisors to review funding requests from cultural arts
organizations and to make recommendations to the Board concerning the
distribution of budget appropriations to the arts; and
WHEREAS, the Arts Commission has undertaken a careful and thorough
review of all applications from arts groups, in some cases interviewing
and otherwise observing and inter-acting with these organizations; and
WHEREAS, the Arts Commission has completed its review of the
funding requests for FY2002 and has developed recommendations for
funding allocations for each organization using the total available
arts-related funds contained in the approved FY2002 York County Budget;
and
WHEREAS, allocations from grant funding from the Virginia
Commission for the Arts, will be made to the Fifes and Drums of York
Town, the Yorktown Arts Foundation, and Celebrate Yorktown Committee
upon receipt of those funds from the Commonwealth;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 17th day of July, 2001, that the determination made by
the York County Arts Commission be, and they hereby are, approved and
that the following organizations receive funding in the following
amounts under the York County Arts Commission Grant Program:
Art Song Of
Williamsburg
$ 500
Celebrate Yorktown
Committee/Symphony
$ 1,425
Celebrate Yorktown
Committee/Concerts
$ 1,500
Celebrate Yorktown
Committee/Christmas
$ 1,100
Colonial Service
Board
$ 875
Cultural
Alliance
$ 400
Fifes & Drums of York
Town
$ 8,200
First Night of
Williamsburg
$ 900
Institute For
Dance
$ 500
JCC/Williamsburg Parks &
Recreation
$ 800
Jamestown/Yorktown
Foundation
$ 5,000
Peninsula Community
Theatre
$ 800
Publick Times
Chorus
$ 1,800
Senior Center of
York
$ 200
Stagelights
$ 500
Theatre
IV
$ 2,500
Twentieth Century
Gallery
$ 500
Virginia Choral
Society
$ 700
Virginia Opera $ 6,400 Virginia
Symphony
$ 3,000
Watermen's
Museum
$ 3,400
WHRO
$ 1,000
Williamsburg Choral
Guild
$ 500
Williamsburg Symphonia
$ 1,500
Williamsburg Youth
Orchestra
$ 1,500
Williamsburg
Players
$ 800
York County
Beautification
$ 1,100
York River
Orchestra
$ 900
Yorktown Arts
Foundation
$ 7,000
Young
Audiences
$ 2,600
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
CLOSED MEETING. At 9:56 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
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
Meeting Reconvened. At 10:05 p.m. the meeting was reconvened
in open session by order of the Chair.
Mr. Zaremba moved the adoption of proposed Resolution SR-1 that reads:
A RESOLUTION TO CERTIFY COMPLIANCE WITH THE FREEDOM OF
INFORMATION ACT REGARDING MEETING IN CLOSED 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 17th day of July, 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) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
APPOINTMENT TO THE YORK COUNTY BOARD OF BUILDING CODE APPEALS
Chairman Burgett moved the adoption of proposed Resolution
R01-108(R) which reads:
A RESOLUTION TO APPOINT MEMBERS TO THE YORK COUNTY BOARD OF
BUILDING CODE APPEALS
WHEREAS, the current terms of Jacob M. Adkins, Robert T. Criner,
and G. Allen Morledge to the Board of Building Code Appeals expired on
June 30, 2001; and
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 17th day of July, 2001, that the following individuals
be and they are hereby, appointed to the York County Board of Building
Code Appeals for a term of three years, such term to begin July 1, 2001,
and expire June 30, 2004:
Jacob M. Adkins (Professional Engineer)
Wayne D. Harbin (Licensed Builder)
Joseph L. Spruill (Licensed Architect)
On roll call, the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
APPOINTMENT TO THE HAMPTON ROADS PLANNING DISTRICT COMMISSION
Chairman Burgett moved the adoption of proposed Resolution R01-134
that reads:
A RESOLUTION TO APPOINT A MEMBER OF THE YORK COUNTY BOARD OF
SUPERVISORS TO THE HAMPTON ROADS PLANNING DISTRICT COMMISSION
BE IT RESOLVED by the York County Board of Supervisors this the
17th day of July, 2001, that Sheila S. Noll be, and she is hereby,
appointed as York County's elected official representative to the
Hampton Roads Planning District Commission for a two-year term to expire
June 30, 2003.
On roll call, the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
APPOINTMENT TO THE WILLIAMSBURG ARTS COMMISSION
Chairman Burgett moved the adoption of proposed Resolution R01-129
that reads:
A RESOLUTION TO APPOINT A YORK COUNTY REPRESENTATIVE TO THE
WILLIAMSBURG ARTS COMMISSION
WHEREAS, Mrs. Gale Roberts has submitted her resignation as the
York County representative to the Williamsburg Arts Commission; and
WHEREAS, Mrs. Roberts' term on the Commission does not expire
until June 30, 2002;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 17th day of July, 2001, that the following
individual be, and is hereby, appointed as the York County
representative to the Williamsburg Arts Commission to complete the
unexpired term of Mrs. Gale Roberts, such term to begin immediately and
expire June 30, 2002:
Genevieve L. Chis
On roll call, the vote was:
Yea: (5) Noll, Wiggins, Wiggins, Burgett
Nay: (0)
Meeting Adjourned. At 10:07 p.m. Chairman Burgett declared
the meeting adjourned to 6:00 p.m., Tuesday, July 24, 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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