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York County, Virginia
Board of Supervisors'
Meeting Minutes

Adjourned Meeting
August 14, 2001
6:00 p.m.

Meeting Convened.  An Adjourned Meeting of the York County Board of Supervisors was called to order at 6:02 p.m., Tuesday, August 14, 2001, in the East Room, York Hall, by Chairman James S. Burgett.

Attendance.  The following members of the Board of Supervisors were present: Sheila S. Noll, Donald E. Wiggins, James S. Burgett, and H. R. Ashe.

Walter C. Zaremba was absent.

Also in attendance were James O. McReynolds, County Administrator; and James E. Barnett, County Attorney.

WORK SESSION

ANNUAL REVIEW OF BOARD POLICIES

Mr. J. Mark Carter, Planning and Zoning Manager, reviewed the proposed amendments to the following Board Policies:

BP94-05                    Dirt Street Improvement Program

After a thorough review of the Priority List developed in 1994, staff has recommended various revisions to reflect updated cost estimates which have caused several of the projects to be re-ordered.

BP94-06                    Freedom of Information Act

Proposed amendments reflect updated document costs, postage costs, and the cost of products generated by the County's GIS.

BP94-09                    Streetlight Installation and Service

Clarification to ensure that streetlights eligible for the County program are of the type allowed by the Municipal Services Agreement with Dominion-Virginia Power to ensure continued future maintenance in the event of damage to the pole or fixture.

BP01-19                    Street Name Identification Signs (NEW)

The proposed new policy would establish guidelines for fabrication, installation, and maintenance of street name identification signs. It is intended to distinguish between standard street name signs and the specialty signs proposed by developers to provide a unique design statement. It also proposes specific requirements related to maintenance and replacement of such unique signs and ensures that the homeowners' association remains financially responsible for the signs after installation. Also proposed is a flat installation fee of $250 to replace the three different rates originally established.

Mr. Zaremba arrived at 6:12 p.m.

Discussion followed regarding the addition of mailing costs for certain documents listed in BP94-06 and maintenance of the streetlight program.

Mr. Wiggins asked who in the County receives requests for streetlights.

Mr. Carter indicated Mr. Al Maddalena, Development and Compliance Division, Department of Environmental and Development Services, is the individual who receives and reviews the requests for adherence to the criteria.  Mr. Carter stated Mr. Maddalena then forwards those that meet all requirements to Mr. Bob Peters in the Department of General Services who works with Virginia Power. He noted that, unfortunately, not all individuals who wish to have streetlights qualify for them. Mr. Carter then explained the process for having the streetlight installed and the property owner's responsibility for paying the installation cost and five years of anticipated operational costs. He noted that thereafter the County would pick up the monthly operational cost.

Mr. Wiggins asked what was the approximate monthly cost.

Mr. Carter stated it was about $10 a month.  He stated the requirement for five years payment up front allows the County to build a cushion before it has to take over the payment for the lights.

Mrs. Noll asked, regarding the proposed new street sign policy, if the developer still has to pay the $250 per sign if he does not want unique signs.

Mr. Carter stated yes, that the County still makes, installs, and maintains the standard signs.

Discussion followed regarding street signs on Route 17 and its crossroads.

By consensus, the Board of Supervisors agreed to accept the amendments to the subject Board Policies as well as the new Board Policy BP01-19.

LEGISLATIVE PROGRAM

Mr. Barnett briefly summarized the status of the 2001 Legislative Program as outlined in his August 7 memorandum.

Discussion followed regarding pursuance of an enterprise zone for the County in 2002. The Board also discussed opposition by the Governor and others to the traffic signal photo- monitoring system.

Mr. Barnett then reviewed the suggestions for legislation that he received from the Board members as follows:

Clarification of local authorities during local emergencies

Photo-monitoring at intersections

Region-wide referenda on major transportation projects

State support for tourism

Other suggested items from staff that Mr. Barnett reviewed were:

Human Services legislative issues statement for 2001-2001

Cost of administering federal/state Social Services mandates locally

Phased implementation of the recommendations coming from the Workload Measures/Caseload Standards study

Comprehensive Services Act (CSA)

Validity of a business license between January 1 and March 1 of any year

Primary enforcement of the seat belt law

Increased funding for the third Hampton Roads crossing

Include York County if a bill is introduced to expand list of localities authorized to have "photo red" traffic light signal enforcement programs

Amendment to the Code of Virginia allowing the property maintenance provisions of the Uniform Statewide Building Code to be adopted by a locality for a designated portion of its jurisdiction rather than the entire jurisdiction

Amendment to the Code of Virginia relative to the immunity from annexation which can be bestowed upon a county or a portion of a county by a circuit court, to clarify that the exception to the immunity for owner-initiated annexation petitions will not apply to a city that owns property within an adjoining county

Legislation to seek State funding for a new pier in Yorktown

Reintroduction of House Bill 2007 to increase by 10 the number of enterprise zones that can be designated across the State and that the additional 10 shall be established in localities which do not currently have an enterprise zone

Mrs. Anne Smith, Director of Community Services, then provided the Board members with copies of a report to the VACo Health and Human Resources Steering Committee concerning the absence of sufficient funding for community-based care, which recommended that the state should maintain, fully fund, and continue to operate a statewide mental health system, to include inpatient treatment facilities for long-term care of adults and adolescents, and that the state provide funding sufficient to allow community services boards to adequately meet the charge of providing a community-based system of care.

Discussion followed concerning the proposed issues.

Mr. Barnett indicated that in the past the Board has reviewed all the requests and then narrowed its focus on just a few items.  He stated that staff was looking for what the Board would like to see in the draft program for discussion at the next work session.

Mr. Zaremba asked what the normal time period was to decide on the Board's input to the legislative program and actual submittal to the County's legislative delegation.

Mr. Barnett stated the Board conducts a legislative breakfast meeting in early December. In the past this time frame gave the delegates enough time to receive bills from the County and make its submissions. Last year the deadline for submission of bills to be entered by the delegates was opening day of the General Assembly session, and Delegate Rapp requested that the County provide her with information earlier this year.

Mrs. Noll stated that the sooner the Board forwards what it wants on the legislative agenda to its representatives, the better a position the County will be in to get something adopted.

Mr. Zaremba noted the proposed timeline would submit the County's requests blind without knowing what the other localities in the state are doing. He stated there was strength in numbers, and submitting bills collectively with other jurisdictions might have a more favorable chance of getting adopted. He noted that one of the reasons for the legislative breakfast taking place in December was that by then the County knew what VML, VACo, and the Hampton Roads Mayors and Chairs Caucus were proposing.

Mrs. Noll indicated that the VML and VACo legislative proposals should be out by the first of October.  She asked that Mr. Barnett contact other localities to see if they know what they will be asking for and if there are some issues that can be collectively addressed.

Chairman Burgett stated the County's legislators have indicated to the Board there are some things on which there is no chance of anything happening. He agreed that the process shouldn't be rushed, and coordination should be made with all necessary parties.

After a brief discussion concerning the next work session to discuss the legislative program, the Board members agreed to move the work session date to one later than September 11. There was also consensus by the Board to proceed with the issues as proposed by the County Attorney in drafting the 2002 Legislative Program.

Mr. McReynolds stated that since the Board has agreed not to discuss the legislative program at its September 11 work session, he suggested that it would be an opportunity for the Board to meet at that time on the proposed Zoning Ordinance review.

By consensus the Board agreed to place the proposed Zoning Ordinance review on the agenda for the September 11 work session.

CLOSED MEETING.  At 7:12 p.m. Mr. Wiggins moved that the Board convene in Closed Meeting pursuant to Section 2.1-344(a)(3) of the Code of Virginia pertaining to the acquisition of real property for a public purpose; and Section 2.1-344(a)(7) for consultation with legal counsel.

On roll call, the vote was:

Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)

Meeting Reconvened.  At 8:26 p.m. the meeting was reconvened in open session by order of the Chair.

Mrs. Noll moved the adoption of Resolution SR-1 that reads:

A RESOLUTION TO CERTIFY COMPLIANCE WITH THE FREEDOM OF INFORMATION ACT REGARDING MEETING IN CLOSED SESSION

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 14th 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)

Meeting Adjourned.  At 8:27 p.m. Chairman Burgett declared the meeting adjourned sine die.

 

_____________________________                        _______________________________
James O. McReynolds, Clerk                                  James S. Burgett, Chairman 
York County Board of Supervisors                          York County Board of Supervisors              

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