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Regular Meeting
August 7, 2001
6:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board
of Supervisors was called to order at 7:02 p.m., Tuesday, August 7,
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. Reverend Gene Cornett, Seaford Baptist Church,
gave the Invocation
Pledge of Allegiance to the Flag of the United States of
America. Chairman Burgett led the Pledge of Allegiance.
PRESENTATIONS
EMPLOYEE RECOGNITION PROGRAM
Chairman Burgett recognized and congratulated the following
employees on attaining 20 years of service with York County, and he
presented them with their 20-year service pins and certificates
commemorating the occasion:
- Shari L. Crockett, Department of Financial and Management
Services
- Carolyn A. Thayer, Circuit Court Clerk's Office
CITIZENS COMMENT PERIOD
Mr. Bruce A. Peterson, 602 Lakeland Crescent, representing the
York County Business Association, invited the members of the Board and
citizens to attend a candidate forum sponsored by the YCBA at Tabb High
School on Thursday, August 9, at 7:00 p.m. He indicated that
written questions would be taken from the audience to be presented to
Mr. Ashe and Mr. Shepperd who were running for the office of York County
Supervisor representing District 5 in the upcoming November special
election.
Mr. Marvin Barton, 127 Vine Drive, spoke in favor of being able to
continue parking school buses on streets near the bus drivers'
residences. He stated if there is a specific problem concerning the way
the buses are being parked, he hoped that it could be addressed in some
other way than the adoption of a broad ordinance. He spoke of the
advantages to the County by allowing the buses to be parked on the
streets near the drivers' residences in terms of scheduling, safety, and
financial savings.
Mr. Walt Akers, 110 Kenneth Drive, President of the Fifes and
Drums of Yorktown, appealed to the Board for its assistance in providing
a temporary residence for the Fifes and Drums. He noted their current
building is too small to support the number of members, and he asked
that the Board consider allowing the Corps to use the On The Hill
building once the County has gained title to it.
Mr. Robert Smith, a lead driver in the school system, also spoke
in favor of allowing school buses to be parked near their drivers'
residences. He spoke of the time constraints the school bus drivers deal
with in bad weather and emergency situations, stating this would be
detrimentally impacted by requiring all the buses to park in a
centralized location. Mr. Smith stated the County would lose more than
20 bus drivers if an ordinance was adopted which prohibited them from
taking their buses home.
Ms. E. Jay Evans, 6052 Mooretown Road, stated she was very
concerned about the proposed ordinance dealing with the parking of buses
on residential streets. She stated the bus drivers provide a public
service in emergency situations such as providing evacuation in times of
fire and flood. She also noted the dangerous situation it would put a
bus driver in if they were required to take their bus back to a
centralized location late at night after a sporting event. She stated
other localities allow their bus drivers to take the buses home, and
some of her drivers have been doing just that for over 40 years. Ms.
Evans stated she felt it was the School Board's responsibility to check
to see if a particular bus might need to be moved. She asked that the
Board of Supervisors work with the school system to come up with a more
viable solution than a broad ordinance prohibiting the parking of school
buses in residential areas.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett stated, with respect to the proposed parking
ordinance, the Board had suggested some changes at the last work
session, and he and Mr. Carter will meet tomorrow regarding the
preparation of another draft. Mr. Barnett asked if the Board wished to
conduct another work session on the proposed ordinance. He then noted he
had provided the Board members with his first draft of some proposed
legislation for the 2002 General Assembly session. He indicated he was
working on an accelerated schedule at the request of the County's
legislators. After the Board members have had an opportunity to look at
the package and discuss it at a work session, Mr. Barnett stated he
would then prepare a draft program for the Board's consideration. He
stated he would forward information as he received it concerning the
draft programs of VML, VACo, the Hampton Roads Mayors and Chairs, and
others.
Mr. Zaremba asked Mr. Barnett about correspondence he had received
recently from a citizen concerning a tax bill and a late payment, and
asked him to summarize how the penalty process works.
Mr. Barnett explained that the County ordinance establishes
penalties in certain percentages on tax bills over $100 and a penalty of
$10 on those bills under $100. The Board has some leeway to change the
rates and penalties through an amendment to the ordinance. The Treasurer
has no discretion in relieving any of these penalties.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds reminded the Board members that on August 14 they
would conduct a work session to review Board Policies and proposed
legislative items for the 2002 General Assembly session. He indicated
they had been provided with materials on both of these items. Also, he
stated the Board had been provided with information concerning the York
Hall Lobby gift shop sampler and kiosk and materials concerning the
Zoning Ordinance review. He noted that a work session was being proposed
for August 28, and he asked the Board members to let him know if that
date was acceptable. He also noted that the next Industrial Development
Authority Occasion for Industry was tentatively scheduled for October
10.
MATTERS PRESENTED BY THE BOARD
Mrs. Noll expressed pride concerning the accomplishments of the
York County Little League Senior Girl's Softball Team this season. She
asked that the Board agree to invite them to a future Board meeting to
be recognized.
Mr. Zaremba stated, in response to Mr. Akers' earlier comments,
that the Board had received a great deal of correspondence concerning
the On The Hill building, but noted that no decisions have been made to
date. He stated the County is very proud of the Fifes and Drums
organization, and he feels the Board will support their efforts. He
noted there are alternatives other than using the On The Hill building,
and in the weeks to come there will be a lot of dialog between the Board
members on how to help the Fifes and Drums Corps. Mr. Zaremba then
discussed an article he recently read in the Daily Press concerning two
subdivisions that do not wish their streets to be interconnected. He
stated that a County employee had spoken to representatives of the
subdivisions telling them that even though the residents did not want
it, the connector road would be constructed because of safety reasons.
Mr. Zaremba stated he felt that the statement was arbitrary and should
have been raised to the Board's level before moving forward with a
decision. He noted that the Board has received correspondence from the
Moore House Road area residents begging for assistance in improving
their road system, as well as correspondence from Marlbank Farms with
pictures of the road network that is clustered with potholes and
erosion. He noted that possibly the Board could better serve these
people rather than insist on the construction of a connector road that
is not wanted by the residents.
Mr. McReynolds explained that interconnectivity between Running
Man and Wythe Creek Farms was planned for and approved by the County
many years ago, and it has been the Board's policy to require
interconnectivity between subdivisions. He noted that requests for
changes to an approved plan must come from the developer. With regard to
Moore House Road improvements, he stated that staff was looking at some
signage, but they were not ready to give a final response. Mr.
McReynolds stated he was not familiar with the road problems in Marlbank
Farms and indicated he would pass the information on to VDOT if Mr.
Zaremba would provide him with the particulars.
Mr. Zaremba stated that the interconnectivity policy Mr.
McReynolds spoke of was 20 years old, and what the Board created it can
change. Mr. Zaremba then discussed citizen correspondence and comments,
and he asked that in the future Mr. McReynolds brief the Board on the
specific way staff goes about responding to the citizens.
Mr. Ashe indicated that the citizens living at the end of Cary's
Chapel Road have been promised sewer for many years, and there is now a
schedule for these 30-plus homes to come on line by next February. There
are a lot of drainage problems in the area, and VDOT has committed 10
days to doing work in this area, and so far it has done a good job. Mr.
Ashe also noted that the County needed to talk with VDOT about changes
to the red light on Route 134 at the Tabb Library. He stated he brought
the situation to Quintin Elliott's attention, and he will check it out
and report back his findings. He indicated Mr. Elliott will also work on
his request for additional speed limit signs on Cary's Chapel Road. Mr.
Ashe stated he and Mark Carter had attended a meeting of the Regional
Issues Committee where discussion took place on working out a method for
enticing businesses that have nonconforming signs or old signs in
disrepair to replace or fix them. Also discussed was affordable housing,
and Mr. Ashe indicated there will be a meeting on September 11 which is
the day before the State Housing Conference to be held in Williamsburg.
He noted that speakers have been lined up to speak on recommended
solutions on the major problems in affordable housing. Mr. Ashe also
stated he agreed with Mr. Zaremba concerning the Fife and Drum Corps and
its outstanding service to the County. He stated he fully supports
finding a suitable place for the Corps to practice in. Mr. Ashe then
noted he had been appointed by the Governor to sit on a commission to
study the tax structure and the Constitution of Virginia. He indicated
there had already been some good dialog, and the commission hoped to
make a recommendation to the General Assembly to do away with personal
property taxes. He stated he had also recommended that the Business,
Professional, and Occupational License tax also be included for repeal,
and the idea was received well by the other members. He stated the other
item the commission would be working on is to change the Constitution so
that the Governor can serve more than one term.
Mr. Wiggins congratulated Mr. Ashe on his appointment by the
Governor. He also expressed his support for the Fife and Drum Corps,
stating the Board should support them fully. He stated he did not know
if the On The Hill building would be suitable, but he agreed that the
Board should help find the Corps a new home. Mr. Wiggins then stated
that some time ago there was an article in the Virginia Gazette about
the Virginia Department of Forestry and its accepting applications from
landowners for the Forest Legacy Program. He noted that grants are
available, and indicated that interested individuals should contact
either him or Mark Carter for more information. Mr. Wiggins noted that
at the last meeting of the Virginia Peninsula Chamber of Commerce a
presentation was made concerning the 2003 Aviation World's Fair which
will be held at the Williamsburg/Newport News Airport. He indicated it
will be one of the biggest events ever held in this area, and he
encouraged York residents to be thinking about volunteering to help with
the Fair.
Meeting Recessed. At 7:58 p.m., Chairman Burgett declared a short
recess.
Meeting Reconvened. At 8:07 p.m. the meeting was reconvened
in open session by order of the Chair.
PUBLIC HEARINGS
AMENDMENT TO THE YORK COUNTY CODE: DELINQUENT PARKING CITATIONS
Mr. Barnett made a presentation on proposed Ordinance No. 01-17 to
amend the York County Code relative to the procedure for issuance of
summonses for delinquent parking citations. He noted it costs the County
Treasurer $9.09 to send out a registered letter for a $10.00 fine. The
current ordinance states that before any court action can be taken, a
notice has to be sent out by registered mail informing the offender that
the citation was issued and that they may pay a reduced fine without
contesting the matter. He stated that most other jurisdictions do not
impose a requirement that notices be sent via certified or registered
mail, and the proposed ordinance would eliminate this requirement for
York County.
Chairman Burgett then called to order a public hearing on proposed
Ordinance No. 01-17 which was duly advertised as required by law and is
entitled:
AN ORDINANCE TO AMEND SECTION 15-44 OF CHAPTER 15, YORK COUNTY
CODE, MOTOR VEHICLES AND TRAFFIC, RELATIVE TO THE PROCEDURE FOR
ISSUANCE OF SUMMONSES FOR DELINQUENT PARKING CITATIONS
There being no one present who wished to speak concerning the
subject ordinance, Chairman Burgett closed the public hearing.
Mr. Ashe questioned the cost of sending out a registered letter,
suspecting that a part of the $9.09 was personnel costs. He stated he
felt that further investigation was needed before the Board acted on the
ordinance.
Mrs. Noll stated she also felt the administration costs were
factored into the $9.09. She stated she felt the County should not have
to pay to collect money from an illegal action on the part of a citizen.
She asked the Board to consider tabling the matter at this time in order
to do more research on the subject.
Mr. Wiggins stated he did not know why these notices were being
sent by certified mail, indicating the County should be doing the same
as the courts which is to send such notices by regular mail.
Mr. Zaremba indicated he talked to his mail carrier who indicated
it cost much less to send a letter out certified mail than registered
mail. He also agreed to tabling the ordinance at this time in order to
improve on it.
Chairman Burgett agreed that the ordinance should be tabled so
that the County Attorney could look at alternatives as discussed this
evening.
Mr. Ashe suggested that other mailing requirements be reviewed
also.
Mrs. Noll then moved to table consideration of proposed Ordinance
No. 01-17.
On roll call, the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
APPLICATION NO. YVA-7-01, LYN AND DAVID DOUGLAS
Mr. J. Mark Carter, Planning and Zoning Manager, made a
presentation, with an accompanying video, on Application No. YVA-7-01 to
approve the construction of a 2,220 foot single-family detached home on
an undeveloped 0.16 acre parcel located at 212 Smith Street within the
Yorktown Village Activity (YVA) zoning district. 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 R01-137.
Mrs. Noll asked if the size of the proposed house was in keeping
with others on the street.
Mr. Carter indicated it was. The applicant's proposal is less than
the lot coverage allowed by the YVA regulations.
A brief discussion took place clarifying an error on the map that
showed the proposed detached garage encroaching on the Nelson Street
property located behind the subject parcel.
Mr. Wiggins asked how close the garage was to the property line.
Mr. Carter indicated it was 5 feet from the property line.
Mr. Zaremba indicated the design for the house was very pretty,
but he was struck by the extremely small size of the lot. He asked what
the setback requirements were for the house.
Mr. Carter stated the front setback is 25 feet, the side yards are
10 feet, and the rear yard is 20 feet. He noted the setback for an
accessory building is only 5 feet.
Chairman Burgett then called to order a public hearing on
Application No. YVA-7-01 that was duly advertised as required by law.
Proposed Resolution R01-137 is entitled:
A RESOLUTION TO APPROVE AN APPLICATION TO CONSTRUCT A
SINGLE-FAMILY DETACHED HOME AT 212 SMITH STREET IN THE VILLAGE OF
YORKTOWN
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 R01-137 that
reads:
A RESOLUTION TO APPROVE AN APPLICATION TO CONSTRUCT A
SINGLE-FAMILY DETACHED HOME AT 212 SMITH STREET IN THE VILLAGE OF
YORKTOWN
WHEREAS, Lyn and David Douglas have submitted Application No.
YVA-7-01, which is a request to construct a 2,220-square foot
single-family detached home, pursuant to Section 24.1-327(b) of the York
County Zoning Ordinance, on a 0.16-acre parcel located at 212 Smith
Street within the Yorktown Village Activity (YVA) zoning district and
further identified as Assessor's Parcel No. 18A-(1)-66A; 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 has carefully considered the public comments
with respect to this application;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 7th day of August, 2001, that Application YVA-7-01
be, and it is hereby, approved to authorize construction of a
single-family detached home on a 0.16-acre parcel located at 212 Smith
street subject to the following conditions:
1. Building plans 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 construction
activities on the subject parcel. Said plans shall be in substantial
conformance with the building plans and building elevations prepared by
Historical Replications, Inc., and dated received June 1, 2001 and June
22, 2001, a copy of which shall be kept on file in the York County
Planning Division.
2. As proposed by the applicant, the residential exterior surface
shall be wood-mould Virginia red brick and the garage exterior surface
shall be wood clapboard siding that is compatible with the paint colors
likely to have been used in historic Yorktown.
On roll call, the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
MATTERS PRESENTED BY THE BOARD (Continued)
Chairman Burgett noted he had attended the Hampton Roads Mayors
and Chairs Caucus held in Franklin, and he stated it was amazing what
the city has done since Hurricane Floyd devastated it. He stated
Franklin's Mayor thanked all of the 16 localities represented at the
meeting for providing the City with assistance during their time of
emergency and helping the citizens get back on their feet. Chairman
Burgett then indicated he had been receiving calls from citizens about
the entrance corridors to York County as to how good they look. He
stated they are very attractive, and the Board is very proud of the work
by staff to make them look so.
CONSENT CALENDAR
Mr. Zaremba asked that Item No. 4 be removed from the Consent
Calendar.
Mr. Wiggins then moved that the Consent Calendar be approved as
amended, Item No. 3.
On roll call the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
Thereupon, the following minutes were approved:
Item No. 3. APPROVAL OF MINUTES
The minutes of the following meeting of the York County Board of
Supervisors were approved:
June 26, 2001, Adjourned Meeting
Item No. 4. SOLE SOURCE PROCUREMENT-VACUUM VALVES: Proposed
Resolution R01-141. (Removed from the Consent Calendar)
Mr. Zaremba noted that there has been an increase of 20 percent in
the cost of the valves, and he asked if staff was aware of other
communities that were using the same valves and whether or not they also
were sole sourcing the valves or going out for competitive bids.
Mr. Hudgins stated other communities use AirVac, and he guessed
they, too, were sole sourcing because no one else makes this particular
valve. He spoke of what the 20 percent cost increase included, noting
that the increase in the cost of the valve was more than offset by the
savings in construction costs to install the valves. He stated AirVac
was widely used, but he did not know which communities were using the
product at this time.
Mr. Zaremba asked that Mr. Hudgins investigate to see which other
communities were using the AirVac valve, indicating it would be of
interest to the Board and the public to get a feel for whether or not
York County was doing things according to general practice through the
industry in maintaining its sewer systems and in terms of what the
county was paying in relation to what others are paying.
Mr. McReynolds stated he was involved in this procurement process,
and the staff was indeed aware of others who are sole sourcing these
valves because of a study that was done. The study found that a lot of
those using mixed components rather than the AirVac valves were
experiencing maintenance problems which could effect the integrity of
their systems. Mr. McReynolds stated staff would also verify the costs
charged to the other localities.
Mr. Zaremba then moved the adoption of proposed Resolution R01-141
that reads:
A RESOLUTION TO AUTHORIZE THE PROCUREMENT OF 225 VACUUM
INTERFACE VALVES IN THE AMOUNT OF $202,500 IN CONJUNCTION WITH THE
PINEY POINT, DARE PHASE III AND THE SEAFORD VACUUM EXTENSION PROJECTS
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, and that applicable
laws, ordinances, and regulations have been complied with; and
WHEREAS, in accordance with the County's Sanitary Sewer Standards
and Specifications AIRVAC is the sole manufacturing supplier for vacuum
interface valves approved for installation in the County's vacuum sewer
system;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 7th day of August, 2001, that the County
Administrator be, and hereby is, authorized to conclude the procurement
of the following:
Description
Amount
225 AIRVAC Interface Valves
$202,500.00
On roll call, the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
CLOSED MEETING. At 8:37 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; Section 2.1-344(a)(3) pertaining to the acquisition of
property for a public purpose; and Section 2.1-344(a)(7) pertaining to
consultation with legal counsel.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, 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 7th day of August, 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) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
APPOINTMENTS TO THE YORK COUNTY HISTORICAL COMMITTEE
Mr. Ashe moved the adoption of proposed Resolution R01-140 that
reads:
A RESOLUTION TO APPOINT THREE MEMBERS TO THE YORK COUNTY
HISTORICAL COMMITTEE
WHEREAS, Gary A. Freeman and Christopher P. Durand have submitted
their resignations as a member of the York County Historical Committee;
and
WHEREAS, the recent death of Mrs. Marge Funk creates a third
vacancy on the Committee;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 7th day of August, 2001, that McKay B. Borden, Jennifer
R. Gates, and George R. Hoffeditz, Jr., be, and they are hereby,
appointed to the York County Historical Committee.
On roll call, the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
APPOINTMENTS TO THE YORK COUNTY ARTS COMMISSION
Mrs. Noll moved the adoption of proposed Resolution R01-138 that
reads:
A RESOLUTION TO APPOINT REPRESENTATIVES TO THE YORK COUNTY ARTS
COMMISSION
BE IT RESOLVED by the York County Board of Supervisors this 7th
day of August, 2001, that Kathleen M. Hebert and P. Gregory McCarthy be,
and they are hereby, reappointed to the York County Arts Commission for
a term of three years, such term to begin immediately, and end July 31,
2004.
On roll call, the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
APPOINTMENT TO THE YORK COUNTY PARKS AND RECREATION ADVISORY BOARD
Mr. Wiggins moved the adoption of proposed Resolution R01-139 that
reads:
A RESOLUTION TO APPOINT A REPRESENTATIVE TO THE PARKS AND
RECREATION ADVISORY BOARD
WHEREAS, Patty Heath has submitted her resignation as a member of
the York County Parks and Recreation Advisory Board;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 7th day of August, 2001, that Karen H. Wood be, and is
hereby, appointed to the York County Parks and Recreation Advisory Board
to fill the unexpired term of Patty Heath, such term to begin
immediately and end December 31, 2003.
On roll call, the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
Meeting Adjourned. At 10:11 p.m. Chairman Burgett declared
the meeting adjourned to 6:00 p.m., Tuesday, August 14, 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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