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Regular Meeting
August 21, 2001
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board
of Supervisors was called to order at 7:01 p.m., Tuesday, August 21,
2001, in the Board 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.
Mr. Zaremba and Mr. Ashe were absent.
Also in attendance were James O. McReynolds, County Administrator;
and Carla Blake-Hook, Assistant County Attorney.
Invocation. The invocation was given by Bishop Fred Reams,
Church of Jesus Christ of Latter Day Saints.
Pledge of Allegiance to the Flag of the United States of
America. Chairman Burgett led the Pledge of Allegiance.
HIGHWAY MATTERS
Mr. Quintin Elliott, Resident Engineer, Virginia Department of
Transportation, (VDOT), appeared to discuss highway matters of interest
to the Board of Supervisors, and reported he did not have any new
information to report at this time.
Mrs. Noll thanked Mr. Elliott for the resurfacing that VDOT had
completed, including the roads in the Lackey area. She noted she
understood VDOT's goal of resurfacing one neighborhood at a time.
Mr. Wiggins discussed Dandy Loop Road and stated the surrounding
low-lying areas created severe drainage problems. He explained
that some of the residents' mail boxes were sitting in ditches and the
ditches needed to be cleaned out. He asked if something could be
done to have the mail boxes moved out of the ditches. He also
reported on an area near the railroad tracks on Wolftrap Road where the
road was in poor shape, noting he wasn't sure if CSX or the County was
responsible for handling that area.
Mr. Elliott explained the mail boxes were regulated by the
Postmaster General, but his office would check into having the them
moved. He explained the road had very narrow shoulders and did not
allow any room for the boxes.
Chairman Burgett mentioned a paving request from residents in the
Breezy Point subdivision and asked that those roads be put on the paving
schedule. He explained that VDOT had cut down a large tree near
the drainage ditch at Yorktown Road and Yorkshire Drive, and he asked
VDOT to remove the logs from the ditch. He also noted that a culvert at
210 Jethro Lane had collapsed, and he asked Mr. Elliott to see about
getting it repaired.
Mr. Elliott stated the culvert on Jethro Lane was scheduled to be
repaired August 22 as long as no major changes occurred.
Mr. Ashe arrived at 6:10 p.m.
Mr. Ashe asked Mr. Elliott to check on the repaving of Cary's
Chapel Road. He thanked Mr. Elliott for the ditch work at Cary's
Chapel Road and on Calthrop Neck Road.
PRESENTATIONS
INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARDS AND COMMISSIONS
Chairman Burgett introduced and welcomed new members to the
following Boards and Commissions:
Joseph L. Spruill, Board of Building Code Appeals
Wayne D. Harbin, Board of Building Code Appeals
CLEAN BUSINESS AWARDS
Mr. Frank Hedspeth, Department of Environmental and Development
Services, appeared to present the following businesses with the Clean
Business Award for the 3rd Quarter of 2001:
Lower County: Pines of York
Mid County: Travaini Pumps
Upper County: Jack Rabbit Self Storage
CITIZENS COMMENT PERIOD
Ms. Jeanette Carter, 819 Baptist Road, appeared before the Board
to state her displeasure regarding an article in the Daily Press
concerning people living together without being married. She felt that
some people are sick, which prevents them from getting married. She
stated she was contemplating selling her home and moving to Texas where
no laws exist about living together.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mrs. Hook noted that Mr. Barnett was on vacation. She spoke
of the excellent assistance the County Attorney's Office had received
from its law clerk, Adam Kinsman, this year, and she stated he had
returned to school.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds reported on the widening of Route 171, and
explained that a joint request for funding was being prepared by the
County staff and Poquoson city staff for Regional Surface Transportation
Program Funds. He reported that on August 14 the Chesapeake Bay
Local Assistance Department's Review Committee voted unanimously to
recommend approval of the County's Comprehensive Plan amendments dealing
with the Chesapeake Bay Act compliance. He noted also that VDOT would
soon be putting its paving schedule together, and suggestions for
streets to be paved should be sent to VDOT as soon as possible.
MATTERS PRESENTED BY THE BOARD
Mrs. Noll stated that as Chairman of the Hampton Roads Planning
District Commission she attended the pipeline dedication for the opening
of water lines between Isle of Wight and Suffolk. She stated
negotiations were taking place between Chesapeake, Isle of Wight,
Suffolk, and Portsmouth to form a water authority. She stated she
felt the Peninsula was far ahead of those localities in regional
cooperation. She stated a transportation kiosk had been
placed in the Tabb Library, and she encouraged citizens to stop by and
give their input. She spoke of the Chesapeake Bay Act, noting the
County had amended its Comprehensive Plan to be in compliance.
Mrs. Noll then noted that the staff was working on developing a map of
water trails in the County to offer tourists. She also noted she
would be attending a meeting of the NASA support team.
Mr. Ashe noted the residents on Greenland Drive and Cary's Chapel
Road would like to have their roads paved. He advised citizens to
be concerned with future water needs, stating that citizens in the
northern end of the County, as well as in James City County, are having
serious water problems. Mr. Ashe stated he had received letters of
support for the Fife and Drums getting a new location, and he indicated
he would like to move forward with helping them find a new location in
the near future.
Mr. Wiggins spoke of the changes in the County since becoming a
member of the Board, mentioning the lights at the Seaford athletic
field, the new gymnasium, and the Drainage Committee. He explained
that over $3.5 million had been approved for drainage
improvements. He spoke of a proposed apartment complex next to the
Edgehill subdivision that some citizens were upset about, and he
explained that property owners had the right to develop their
property. He expressed his concern about the potential drainage
problems in that area should the project materialize, but noted that the
developer had withdrawn the rezoning application at this time.
Chairman Burgett stated that the Office of Economic Development
would be having a business breakfast on Thursday, August 23, 7:30 a.m.,
at the Caritas Building. He invited businesses in York County to
come out and mix and mingle. He expressed his appreciation to John
Hudgins and Anna Drake, Department of Environmental and Development
Services, regarding sewer installation in his neighborhood, stating they
did a good job of explaining the new sewer being constructed.
Chairman Burgett stated the Board would make every effort to locate a
larger space for the Fifes and Drums.
CONSENT CALENDAR
Mr. McReynolds explained that the Board had received amended
material for the minutes of the July 17, 2001, Regular Meeting to
reflect Mr. Ashe's correction concerning the July 9 meeting. He
also noted that proposed Resolution R01-159 commending the
accomplishments of the York County Little League Girls Softball Team had
been added to the Consent Calendar at the request of the Board.
Chairman Burgett asked that Item Nos. 4 and 6 be removed from the
Consent Calendar.
Mr. Wiggins asked that Item No. 7 be removed from the Consent
Calendar.
Mrs. Noll moved that the Consent Calendar be approved as amended,
Item Nos. 3 and 5 respectively, and to include the addition of proposed
Resolution R01-159.
On roll call the vote was:
Yea: (4) Noll, Wiggins, Ashe, Burgett
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 3. APPROVAL OF MINUTES
The minutes of the following meetings of the York County Board of
Supervisors were approved:
July 17, 2001, Regular Meeting
July 24, 2001, Adjourned Meeting
Item No. 5. EMPLOYEE OF THE QUARTER: Resolution R01-142
A RESOLUTION TO COMMEND LAUREL A. HALPERIN,
RECYCLING/BEAUTIFICATION COORDINATOR, DEPARTMENT OF ENVIRONMENTAL AND
DEVELOPMENT SERVICES, SOLID WASTE DIVISION, AS EMPLOYEE-OF-THE-QUARTER
WHEREAS, Ms. Halperin has been employed with the County since
August of 1997 as the Recycling/Beautification Coordinator; and
WHEREAS, Ms. Halperin was appointed to the position of Acting
Solid Waste Manager after a serious illness befell the Manager; and
WHEREAS, during this time the division received over 10,000
customer phone calls, processed over 32,000 tons of solid waste, 300
tons of drop-off recycled waste and receipted 6000 tons of compost/mulch
while also maintaining a lower than average customer complaint rate; and
WHEREAS, Ms. Halperin successfully juggled priorities and tasks to
ensure important customer services for our citizens and operational
priorities regarding Solid Waste management were well maintained in
addition to performing her duties as Recycling Coordinator; and
WHEREAS, Ms. Halperin is a valued employee, and her hallmarks are
a strong work ethic, initiative, ability to adapt to changes, and
enthusiasm while performing her job;
NOW THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 21st day of August, 2001, that Laurel A. Halperin,
Recycling/Beautification Coordinator be, and is hereby, congratulated
upon her selection as Employee-of-the-Quarter for the quarter ended June
30, 2001.
COMMENDATION OF THE YORK COUNTY LITTLE LEAGUE SENIOR GIRL'S ALL STAR
SOFTBALL TEAM: Resolution R01-159 (Added to Consent Calendar)
A RESOLUTION TO CONGRATULATE AND COMMEND THE MEMBERS OF THE YORK
COUNTY LITTLE LEAGUE SENIOR GIRL'S ALL STAR SOFTBALL TEAM
WHEREAS, the York County Little League Senior Girl's All Star
Softball Team consists of 14 County high school students, ages 15 and 16
years old; and
WHEREAS, the Team just completed one of its most memorable
seasons, having won the local District 7, Virginia State, and the
Division 4 Little League tournaments; and
WHEREAS, in winning the Southern Regional Division 4 title, the
Team became the first District 7 girls' entry to advance to the Southern
Regionals competition; and
WHEREAS, this outstanding team is made up of 14 members and 3
coaches:
Team Members:
Karilyn
Aldrich
Kelly Barbrey
Karen
Burnette
Lindsey Churchill
Kacie
Crawford
Kristin Crawford
Kristina
Ethridge
Aubrey Flood
Ashley
Hicks
Savannah Mitchell
Heather
Momany
Kristina Nagahiro
Amy
Patterson
Sara Sparks
Coaches:
Jeff Crawford
John Collins
Bobby Sparks
and
WHEREAS, the York County Board of Supervisors wishes to recognize
these stellar athletes and their accomplishments;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 21st day of August, 2001, that the members and
coaches of the York County Little League Senior Girl's All Star Softball
Team be, and they are hereby, congratulated upon achieving the local
District 7, Virginia State, and the Division 4 Little League titles, as
well as their advancement to the Southern Regionals competition.
BE IT FURTHER RESOLVED that the members of the York County Little
League Senior Girl's All Star Softball Team also be commended for their
dedication and devotion to teamwork which has served these young people
well in the team's achievement of the well deserved status as one of the
top 15 teams in the United States.
Item No. 4. PUBLIC SEWER EXTENSION AGREEMENT-LAKES AT DARE,
SECTION SIX: Resolution R01-146; and Item No. 6. ACCEPTANCE AND
APPROPRIATION OF DONATION: Resolution R01-148 (Removed from the Consent
Calendar)
Chairman Burgett asked Mr. Hudgins about the status of the berm at
the Lakes at Dare project.
Mr. Hudgins replied that an amended development plan had not been
received yet and indicated the matter was being pursued.
Chairman Burgett then stated it was nice for a deputy to donate
$1,890 to purchase a piece of radar equipment and asked if the budget
was so inadequate that deputies have to purchase their own equipment.
Mr. McReynolds explained that Deputy Houston had inherited some
money from his grandmother and he wanted to give part of that money to
the County in the form of purchasing a radar unit. He spoke with
representatives of the Sheriff's department who confirmed the need for
this particular piece of equipment. It is anticipated that the Sheriff's
Department will request replacement radar equipment next year through
the budget process.
Chairman Burgett then moved the adoption of proposed Resolutions
R01-146 and R01-148 that read:
Resolution R01-146:
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY
SEWER SYSTEM TO THE PROPOSED LAKES AT DARE SECTION SIX SUBDIVISION,
AND AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC SEWER EXTENSION
AGREEMENT
WHEREAS, Dare Associates, L.L.C., 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 62 new lots; 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 or not 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
$116,250.00;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 21st day of August, 2001, that the Board approves
the extension of the County's public sewer system to the proposed Lakes
at Dare Section Six Subdivision, and that the County Administrator be,
and hereby is, authorized to execute a public sewer extension agreement
with Dare Associates, L.L.C. for the proposed extension; such agreement
to be approved as to form by the County Attorney.
Resolution R01-148:
A RESOLUTION TO ACCEPT AND APPROPRIATE $1,890 DONATED TO THE
YORK COUNTY SHERIFF'S OFFICE TO PURCHASE A RADAR UNIT
WHEREAS, the York County Sheriff's office has received a donation
of $1,890 from Deputy Sheriff Jason W. Houston for the purchase of a
radar unit for law enforcement operations;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 21st day of August, 2001, that the County
Administrator be, and hereby is authorized to accept the donation.
BE IT FURTHER RESOLVED that $1,890 be, and hereby is, appropriated
in the General Fund to purchase a radar unit for the York County
Sheriff's Office.
BE IT STILL FURTHER RESOLVED that additional funds received from
donations for the York County Sheriff's Office be, and hereby are,
appropriated in the General Fund for the support of law enforcement
programs.
On roll call the vote was:
Yea: (4) Wiggins, Ashe, Noll, Burgett
Nay: (0)
ITEM NO. 7. PURCHASE AUTHORIZATION: Resolution R01-143
(Removed from the Consent Calendar)
Mr. Wiggins asked about the use of the new knuckle boom truck.
Mr. Hudgins stated this was a special truck, and when one of the
other two knuckle booms were down, this one could be used. He
explained the trucks were old, and it was difficult to get parts for
them when they break down. He explained that this purchase was
being made to put this new one into service and to take one of the old
ones out.
Mr. Wiggins stated it will also allow leaves to be picked up in a
shorter length of time than in previous years, and it will also be used
to help with drainage problems.
Mr. Wiggins then moved the adoption of proposed Resolution R01-143
which reads:
A RESOLUTION TO PROCURE A KNUCKLE BOOM LOADER TRUCK FOR THE
WASTE MANAGEMENT CENTER
WHEREAS, it is the policy of the Board of Supervisors that all
procurements of goods and services by the County involving the
expenditure of $30,000 or more be submitted to the Board for its review
and approval; and
WHEREAS, the County Administrator has determined that the
following procurement is necessary and desirable, that it involves the
expenditure of $30,000 or more, and that all applicable laws,
ordinances, and regulations have been complied with;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 21st day of August, 2001, that the County
Administrator be, and hereby is, authorized to conclude procurement
arrangements for the following:
AMOUNT
Knuckle Boom Loader
Truck
$98,205
On roll call the vote was:
Yea: (4) Ashe, Noll, Wiggins, Burgett
Nay: (0)
Meeting Recessed. At 7:52 p.m. Chairman Burgett declared a
short recess.
Meeting Reconvened. At 8:01 p.m. the meeting was reconvened
in open session by order of the Chair.
PUBLIC HEARINGS
DARE HEIGHTS SEWER PROJECT
Mrs. Hook made a presentation on proposed Resolution R01-144 to
declare the Board's intent to enter and take necessary easements and
property regarding the Dare Heights sewer project.
Chairman Burgett called to order a public hearing on proposed
Resolution R01-144 that was duly advertised as required by law and is
entitled:
A RESOLUTION DECLARING THE NECESSITY TO ENTER UPON AND TAKE
CERTAIN EASEMENTS AND OTHER PROPERTY IN CONNECTION WITH THE DARE
HEIGHTS SEWER PROJECT
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 R01-144
that reads:
A RESOLUTION DECLARING THE NECESSITY TO ENTER UPON AND TAKE
CERTAIN EASEMENTS AND OTHER PROPERTY IN CONNECTION WITH THE DARE
HEIGHTS SEWER PROJECT
WHEREAS, it is necessary to obtain certain easements and other
property in connection with the Dare Heights sewer project; and
WHEREAS, for various reasons the County is not able to obtain from
the owners of such property clear title to the interests in real estate
necessary, or no agreement has been reached as to the consideration to
be paid for the said interests; and
WHEREAS, plats of the interests in real property to be acquired
have been prepared by Precision Measurements, Inc. and appraisals of
such interests have been prepared; and
WHEREAS, § 15.2-1905 E, Code of Virginia, authorizes the Board to
adopt a resolution following a public hearing on the matter declaring
its intent to enter and take specified properties, rights-of-way or
easements for such purposes as constructing, installing, expanding,
maintaining, or repairing pipelines, meter boxes, pumps, or any other
appurtenances to a sewerage disposal and water system;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 21st day of August, 2001, that the Board finds that
it is necessary for the protection and preservation of the public
health, safety and welfare, and for the timely completion of the Dare
Heights sewer project, for the County, is officers, employees and agents
to enter upon and take the interests in real property described below
prior to the initiation of condemnation proceedings.
BE IT FURTHER RESOLVED that the interests to be taken, and the
compensation and damages, if any, offered by the County for each are the
following, which interests are more particularly described on the plats
attached to the Report of the County Attorney dated August 1, 2001, and
incorporated herein by this reference:
Property Adjacent to
Tax Parcel 30A-1-26A "Plat of Parcel Acquisition From: The Harry
O'Neil Estate, To: County of York, Virginia, Project: Dare Heights
Sanitary Sewer Improvements," as shown on the referenced plat dated
December 20, 2000, prepared by Precision Measurements, Inc., and
designated as "Parcel Hereby Conveyed to York County, 10,892 sq.
ft." Value offered to Owner: $1,960.00
Property Adjacent to
Tax Parcel 30Q-2-3 "Plat of Easement Acquisition From: The Harry
O'Neil Estate, To: County of York, Virginia, Project: Dare Heights
Sanitary Sewer Improvements," as shown on the referenced plat dated
December 6, 2000, prepared by Precision Measurements, Inc. and
designated as "Variable Width Permanent Utility Easement Hereby
Conveyed to York County, 5,669 sq. ft." Value offered to Owner:
$3,424.00.
Tax Parcel 30Q-1-31 "Plat of Easement Acquisition From:
Franklin I. Harris, Jr., et ux, To: County of York, Virginia, Project:
Dare Heights Sanitary Sewer Improvements," as shown on the
referenced plat dated November 29, 2000, prepared by Precision
Measurements, Inc. and designated as a "Permanent Utility Easement
Hereby Conveyed to York County, 220 sq. ft." Value offered to
Owner: $119.00.
Tax Parcel 30Q-1-32
"Plat of Easement Acquisition From: Franklin I. Harris, Jr., et ux,
To: County of York, Virginia, Project: Dare Heights Sanitary Sewer
Improvements," as shown on the referenced plat dated November 29,
2000, prepared by Precision Measurements, Inc. and designated as a
"Permanent Utility Easement Hereby Conveyed to York County, 220 sq.
ft." Value offered to Owner: $37.00.
BE IT STILL FURTHER RESOLVED that the Chairman of the Board of
Supervisors, the County Treasurer and the County Attorney are hereby
authorized and directed, for and on behalf of the County, to execute
certificates to be recorded in the Office of the Clerk of the Circuit
Court for York County, certifying the amounts set forth above as the
fair value, and damages if any, of the interests to be taken, will be
paid the owners in accordance with the provisions of State law and upon
order of the Court.
BE IT STILL FURTHER RESOLVED that the County Attorney be, and he
is hereby, authorized, if necessary and appropriate, at any time
following the date of this Resolution, to institute condemnation
proceedings in the name of the Board of Supervisors to acquire title to
the interests in the property described above, including, if necessary,
any other easements or restrictions that may affect the easements sought
to be acquired, and to do all things necessary as a prerequisite
thereto.
On roll call the vote was:
Yea: (4) Noll, Wiggins, Ashe, Burgett
Nay: (0)
APPLICATION NO. ZM-59-01 (CONDITIONAL), JAMES L. CLAYTON
Mr. J. Mark Carter, Planning and Zoning Manager, made a
presentation on Application No. ZM-59-01 to reclassify approximately
3.76 acres located at the northeast corner of the intersection of Dare
Road and Allens Mill Road from Rural Residential to Medium-Density
Single Family, subject to conditions voluntarily proffered by the
property owners. The Planning Commission considered the
application and made a recommendation to deny the application.
Staff recommended approval of the application through the adoption of
proposed Ordinance No. 01-18.
Mrs. Noll expressed her concerns that any development of the
property was subject to the provisions of the environmental management
area. She stated she was troubled that the proposed common
driveway was so close to the Chesapeake Bay preservation areas.
She asked about new materials that could be used for the private road to
minimize its environmental impact.
Mr. Carter stated there was a more pervious type of asphalt, and
he pointed out that the 100-foot Chesapeake Bay RPA buffer would be
required on the eastern side of the property. It cannot be
disturbed and may cause the lot yield to go from six to five. He
stated that the full buffer would have to be provided adjacent to the
wetlands.
Chairman Burgett asked what Mill Cove was zoned when it was built.
Mr. Carter stated he thought it had always been zoned RR or, its
predecessor, the A1 district. He stated that years ago those
districts allowed lot sizes as small as 20,000 square feet. It was
in 1977 that the lot sizes were increased to the one- or two-acre size
without utilities.
Mr. James Clayton, 150 Lone Oak Drive, the applicant, offered to
answer any questions the Board members had concerning the rezoning.
Mr. Wiggins asked about the trees on Dare Road and how far the
privacy fence would be from the road.
Mr. Clayton displayed photographs and explained the plan for the
privacy fence.
Chairman Burgett then called to order a public hearing on
Application No. ZM-59-01 that was duly advertised as required by
law. Proposed Ordinance No. 01-18 is entitled:
AN ORDINANCE TO AMEND THE YORK COUNTY ZONING MAP BY
RECLASSIFYING APPROXIMATELY 3.76 ACRES OF LAND LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF DARE ROAD (ROUTE 621) AND
ALLENS MILL ROAD (ROUTE 655) FROM RR TO R20 SUBJECT TO VOLUNTARILY
PROFFERED CONDITIONS
Mr. Daniel Kennedy, 506 Allens Mill Road, appeared to support the
zoning application. He explained that 200 feet of his driveway was
on Mr. Clayton's property, and he would grant Mr. Clayton an easement to
the front of the lot and Mr. Clayton would grant him easement over the
back of the property. He stated Mr. Clayton also agreed to run
county sewer to his house, and he felt this would help the Chesapeake
Bay. He offered to give his neighbor, Mr. Stepp, an easement to hook up
to the same sewer system in an effort to have all of Allens Mill Road on
county sewer at some point. He stated there would be no cost
involved for Mr. Stepp to do this. Mr. Kennedy further explained
that he liked the proposal because Mr. Clayton was going to build a
turn-around by his house.
Mr. James Day, 100 Albacore Drive, stated his property abutted Mr.
Clayton's property. He stated there used to be water behind his
house that would accommodate large boats, but now the water was
gone. He stated as development continues he was concerned with the
silt build-up that was killing the wetlands.
Mr. Horace Stepp, 510 Allens Mill Road, felt there was a hidden
agenda and that Mr. Kennedy and Mr. Clayton had worked out a deal for
another house to be built on Mr. Kennedy's lot. He stated he had a
deed of covenants that says Mr. Kennedy cannot do that. He stated
the Comprehensive Plan was York County's development plan, and this plan
was what people lived by in York County.
Mr. Ernest Smith, 512 Allens Mill Road, stated his opposition to
the application and explained the road that was being put in would cover
about 21,000 square feet of land that is now protecting the Chesapeake
Bay. He mentioned the fence along Millside Way and Allens Mill
Road and the danger of that intersection. He stated the fence on
the right of Allens Mill Road and Dare Road was too high and not in
accordance with the County Code. He further stated the fence was
rotten and in need of repair. He asked that the application be
denied.
Mr. Hugh Wood, 101 Old Dare Road, reminisced about his 50 years of
living in the County and stated the application was wisely rejected by
the Planning Commission. He discussed Winfree Lane which was
developed by Mr. Clayton, and stated that it was not paved, but filled
with charcoal, and no cul-de-sac was installed. He felt that the
upkeep on the road would be a burden on the taxpayers.
Mr. Bernard Smith, 507 Allens Mill Road, stated the biggest
objection he had to the application was the building of five to seven
houses in that area. He explained that there is a lot of bicycle
traffic and joggers in the area, and he was concerned for their
safety. He also objected to the existing fence that is falling
down. He noted the goal of the Comprehensive Plan was for the area
to remain in a rural atmosphere, and that was the reason he moved to the
County.
There being no one else present who wished to speak concerning the
subject application, Chairman Burgett closed the public hearing.
Mr. Wiggins stated the best thing about Mr. Clayton's proposal was
that it would keep the driveways off of Dare Road. He stated he
had struggled with a decision but felt that Mr. Clayton had made
proffers that would benefit everyone. He noted his concern that
the property would be developed into six lots rather than three, but he
felt the benefits to everyone concerned outweighed the addition of the
houses.
Mrs. Noll also stated she felt it was a difficult decision to make
and noted some of her concerns were sewers coming into the area and the
traffic on Dare Road. She stated she does not like driveways
coming out onto Dare Road, but she is also concerned with the impervious
surface of the proposed driveway. Mrs. Noll stated the Board had
received petitions from residents against the widening of Allens Mill
Road, and she felt it was preferable to have one access to Allens Mill
Road rather than four or more driveways onto Dare Road.
Chairman Burgett addressed a question to Chief Steve Kopczynski
about the proposed road meeting the fire safety code.
Chief Kopczynski stated it was a private road, and his staff had
not yet gotten into the specific site plan review. He explained
that staff would typically make sure the road was of sufficient width to
provide access for emergency vehicles.
Chairman Burgett asked Mr. Hudgins about the environmental impact
of this small subdivision on the creek.
Mr. Hudgins stated if the development plan was approved as
submitted, all of the erosion and sedimentation ordinances would have to
be followed. He suggested that when the sewer goes in and the
septic tanks are removed, it would improve the environmental conditions
in that area.
Mrs. Noll then moved the adoption of proposed Ordinance No. 01-18
that reads:
AN ORDINANCE TO AMEND THE YORK COUNTY ZONING MAP BY
RECLASSIFYING APPROXIMATELY 3.76 ACRES OF LAND LOCATED AT THE
NORTHEAST CORNER OF THE INTERSECTION OF DARE ROAD (ROUTE 621) AND
ALLENS MILL ROAD (ROUTE 655) FROM RR TO R20 SUBJECT TO VOLUNTARILY
PROFFERED CONDITIONS
WHEREAS, James L. Clayton has submitted Application No. ZM-59-01
(conditional), which requests to amend the York County Zoning Map by
reclassifying approximately 3.76 acres of land located at the northeast
corner of the intersection of Dare Road (Route 621) and Allens Mill Road
(Route 655), further identified as Assessor's Parcel No. 25-477 from RR
(Rural Residential) to R20 (Medium-density single family residential),
subject to conditions voluntarily proffered by the property owners; and
WHEREAS, said application has been forwarded to the York County
Planning Commission; and
WHEREAS, the Planning Commission does not recommend 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 has given careful consideration to the public
comments with respect to this application;
NOW, THEREFORE, BE IT ORDAINED by the York County Board of
Supervisors this the 21st day of August, 2001, that Application No.
ZM-59-01 be, and it hereby is, approved to amend the York County Zoning
Map by reclassifying from RR (Rural Residential) to R20 (Medium-density
single family residential) approximately 3.76 acres of land located at
the northeast corner of the intersection of Dare Road (Route 621) and
Allens Mill Road (Route 655), further identified as Assessor's Parcel
No. 25-477, subject to the following conditions voluntarily proffered by
the property owners in the proffer statement titled "Proffers
Offered By Applicant On Rezoning Application No. ZM-59-01 At Northern
Intersection Of Allens Mill Road and Dare Road, York Co., VA By Contract
Purchaser James L. Clayton," dated June 28, 2001 and signed by
James L. Clayton, Susan Jean (conservator for Frances Riley), Daniel M.
Kennedy, and Teresa D. Kennedy:
1. Applicant proffers a wooden privacy fence from corner of Allens
Mill Road and Dare Road extending entire distance of property in
easterly direction to end of property.
2. Applicant proffers a paved private lane within a platted
thirty-foot (30') easement along northerly boundary of property so that
the newly subdivided lots will have private egress and access from
Allens Mill Road to each lot with the new homes facing the private lane
instead of facing Dare Road. This will allow the
"Streetscape" along Dare Road to remain as it is and force all
traffic from these improvements back to the intersection of Allens Mill
Road and Dare Road.
3. Applicant is applying for R-20 zoning of this property from its
existing RR zoning. If R-20 zoning were allowed, applicant could then
develop eight residential lots. However, applicant is proffering six
residential lots only, (not eight); then the newly developed lots will
conform to developed property on west, north and south sides of this
property.
4. Applicant proffers to prohibit access from the property to Dare
Road through the establishment of a "no ingress/egress"
easement along the southern property line adjacent to Dare Road.
On roll call the vote was:
Yea: (3) Wiggins, Noll, Burgett
Nay: (1) Ashe
NEW BUSINESS
COLONIAL SERVICES BOARD ANNUAL PERFORMANCE CONTRACT
Mr. McReynolds made a presentation on proposed Resolution R01-147
to authorize the execution of a contract between the County of York and
the Colonial Services Board for the delivery of services.
Mr. Wiggins moved the adoption of proposed Resolution R01-147 that
reads:
A RESOLUTION TO AUTHORIZE EXECUTION OF A CONTRACT BETWEEN THE
COUNTY OF YORK AND THE COLONIAL SERVICES BOARD FOR THE DELIVERY OF
SERVICES
WHEREAS, Section 37.1-195 of the Code of Virginia, 1950 as
amended, requires each locality to establish, singly or in combination,
a community services board for the provision of mental health, mental
retardation, and substance abuse services to its residents; and
WHEREAS, pursuant to this statutory provision, the County of York
has established the regional Colonial Community Services Board in
conjunction with James City County and the Cities of Williamsburg and
Poquoson; and
WHEREAS, Section 37.1-197(A)(2) requires local governments to
review and act on the Annual Performance Contract with the Community
Services Board and to make appropriate appointments to that Board; and
WHEREAS, the Board of Supervisors has reviewed the proposed
Performance Contract between the County of York and the Colonial
Community Services Board and found it to be acceptable;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 21st day of August, 2001, that the proposed FY2002
Annual Performance Contract between the County of York and the Colonial
Community Services Board is approved and that the County Administrator
be, and he hereby is, authorized to execute the agreement and to take
all actions necessary to assure that services are delivered to the
citizens of York County.
On roll call the vote was:
Yea: (4) Ashe, Noll, Wiggins, Burgett
Nay: (0)
CLOSED MEETING. At 8:55 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 real
property for a public purpose.
On roll call the vote was:
Yea: (4) Noll, Wiggins, Ashe, Burgett
Nay: (0)
Meeting Reconvened. At 9:33 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 21st 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: (4) Wiggins, Ashe, Noll, Burgett
Nay: (0)
APPOINTMENT TO THE YORK COUNTY HISTORICAL COMMITTEE
Mr. Wiggins moved the adoption of proposed Resolution R00-154
which reads:
A RESOLUTION TO APPOINT AN ASSOCIATE MEMBER TO THE YORK COUNTY
HISTORICAL COMMITTEE
WHEREAS, Christopher P. Durand submitted his resignation as a
member of the York County Historical Committee; and
WHEREAS, Mr. Durand has now requested that he be allowed to
continue serving on the committee as an associate member;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 21st day of August, 2001, that Christopher P. Durand
be, and he is hereby, appointed to the York County Historical Committee
as an Associate Member.
On roll call the vote was:
Yea: (4) Ashe, Noll, Wiggins, Burgett
Nay: (0)
APPOINTMENT TO THE YORK COUNTY EMPLOYEE GRIEVANCE PANEL
Mr. Ashe moved the adoption of proposed Resolution R01-145 which
reads:
A RESOLUTION TO REAPPOINT ONE MEMBER TO THE EMPLOYEE GRIEVANCE
PANEL
WHEREAS, the terms of Mr. William Blanchfield and Mr. Paul Garman
on the Employee Grievance Panel will expire on September 30, 2001; and
WHEREAS, both Mr. Blanchfield and Mr. Garman are eligible for
reappointment; however, only Mr. Garman has expressed a desire to
continue to serve on the Employee Grievance Panel; and
WHEREAS, the Board has reviewed and considered Mr. Garman's
application as well as the applications of other citizens interested in
serving in this capacity;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 21st day of August, 2001, that Paul Garman be
reappointed as a member to the Employee Grievance Panel.
On roll call the vote was:
Yea: (4) Noll, Wiggins, Ashe, Burgett
Nay: (0)
Meeting Adjourned. At 9:34 p.m. Mr. Ashe moved that the
meeting be adjourned to 7:00 p.m., Tuesday, September 4, 2001, in the
Board Room, York Hall, for the purpose of conducting a regular meeting.
On roll call the vote was:
Yea: (4) Wiggins, Ashe, Noll, Burgett
Nay: (0)
_____________________________
_______________________________
James O. McReynolds, Clerk
James S. Burgett, Chairman
York County Board of Supervisors
York County Board of Supervisors
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