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Regular Meeting
September 4, 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, September 4,
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 C. 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.
PRESENTATIONS
COMMENDATION OF THE YORK COUNTY LITTLE LEAGUE SENIOR GIRL'S ALL
STAR SOFTBALL TEAM
Chairman Burgett welcomed the members and coaches of the York
County Little League Senior Girl's All Star Softball Team, and he read
highlighted portions of Resolution R01-159 adopted by the Board of
Supervisors congratulating and commending the team for its outstanding
winning season. He and Mrs. Noll then presented to each of the following
members and coaches a bound and sealed copy of the resolution:
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
Jeff Crawford
John Collins
Bobby Sparks
REDISTRICTING
Mr. McReynolds made a presentation concerning the need for
redistricting due to the 2000 Census and the four alternatives that have
been prepared by staff and publicized for public review and
comment. He noted that staff had scheduled the following public
meetings:
Monday, September 10, Coventry Elementary School Cafeteria
Monday, September 17, Yorktown Elementary School Library
Wednesday, September 19, Waller Mill Elementary School Library
Thursday, September 20, Grafton Bethel Elementary School Library
Monday, September 24, Seaford Elementary School Library
Wednesday, September 26, Charles Brown Park Community Room
Thursday, September 27, Griffin-Yeates Center Cafeteria
Mrs. Noll indicated she was not aware of the dates, and her
schedule conflicted with one of the dates.
Mr. McReynolds indicated staff would work with Mrs. Noll to
schedule another meeting if she so desired.
CITIZENS COMMENT PERIOD
Mr. Walt Akers, 110 Kenneth Drive, President of the Fifes and
Drums of York Town, noted he had recently received a message that the
Board might be working under some misconceptions regarding the Fifes and
Drums' search for a new home. He stated he has been working with
Superintendent Gould of the National Park Service for some time about
constructing a building in Yorktown, but it could be as much as five
years before that could happen. Mr. Akers also stated that
Superintendent Gould has indicated he was not against Lot 32 for a land
swap with the County. He then addressed the finances of the Fifes and
Drums, stating he had prepared copies of its financial statement for the
Board's review. He stated the Fifes and Drums has come a long way, but
it still has a very modest amount set aside and not enough with which to
build a building. Mr. Akers stated the Fifes and Drums would have a
problem raising funds for the renovations to a building on Park Service
property that would be deeded to the federal government, and he asked
the Board for help in this matter.
Ms. Diane Estano, 208 Church Road, requested the Board's
assistance in finding a way to provide handicapped access to the
historical exhibits in Yorktown. She stated handicapped persons in
wheelchairs are not able to get in to many of the buildings in Yorktown
and do not have access to the ship exhibit at the Visitors' Center.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett stated he hoped that by the middle of next week he
would have a draft of the legislative program for 2002 to send to the
Board. He then spoke concerning the change in composition of the
Yorktown Trustees, stating that at its meeting held August 16 the
Trustees voted unanimously to convey title of the freight shed to the
County. He also noted there was a need for a slight modification to the
development agreement with the Trustees with respect to the length of
time the County can hold title to the freight shed building. Staff is
looking at a mechanism by which, under applicable tax laws, the County
can generate transferable tax credits with costs associated to
renovating the building. Staff has been told that the County needs to be
able to hold title to the building for up to 45 years, and the Trustees
have agreed to amend the agreement to allow the County to hold title for
that period of time in order to qualify for the tax credits. Mr. Barnett
indicated that both of these items will be brought before the Board for
approval as soon as possible.
Mr. Ashe indicated he had brought the matter of the waterfront
development up before, and he still believed the Board needed a thorough
study of the layout of the waterfront area, including how the parking
will be set up. He stated he was personally not satisfied with the
present layout.
Chairman Burgett indicated Mr. Kraus would contact Mr. Ashe to
meet with him and hear his concerns.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds suggested that the 2002 Legislative Program be
scheduled for a work session on either September 25 or October 9, and he
asked the Board members to let him know of their preferred date so it
can be placed on the calendar. He also reminded the Board members of the
work session to be held September 11 regarding review of the personnel
policies and procedures and the purchasing policy, the mosquito control/stormwater
programs and issues, and the Zoning Ordinance amendments.
MATTERS PRESENTED BY THE BOARD
Mr. Ashe indicated he recently attended the orientation for the
2001-2002 Youth Commission. He noted this year each district is
represented by three members, making it the largest Youth Commission
York has ever had. He stated Mrs. Smith's talk on Government 101 was
very interesting, and he was excited to see so many of the new members
turn out for the orientation.
Mrs. Noll stated that last week she went to ODU for a presentation
on the Magnetic Levitation Transportation Project. She indicated they
put the first pieces of the track in, and it will be exciting to see if
it works. It is a much less expensive technology than bringing in high
speed rail; and if it works, the planners will have to go back to the
drawing board to come up with better cost estimates for the region.
Mr. Zaremba noted he had received the York County School
Division's "Report to the Community" that was mailed out to
all York County residences. He commended the School Division and the
School Board for providing the citizens with a very concise report on
the School Division and its programs and accomplishments. He then noted
he had read an article in the York Town Crier that indicated the
Colonial Services Board had received national acclaim. He asked Mrs.
Smith to pass on the Board of Supervisors' deepest appreciation and
congratulations for the job being performed in that agency. Mr. Zaremba
then stated that New Quarter Park would be ceasing full-week operation
on September 8 and would be open Saturdays and Sundays only through
November 25. The hours will be from 8:00 a.m. to 5:00 p.m. during that
period of time, and the park will then shut down completely until
Memorial Day. Mr. Zaremba asked that the Board be provided with a report
on utilization of the park during the past season, including any
suggestions on improving services for next year. He then mentioned the
bi-weekly economic development report the Board receives from Mr. Noel,
and he asked that the Board members be provided with more information
regarding certain potential initiatives concerning the BP property and
the Williamsburg Hospital move.
Mr. Wiggins congratulated Mr. Ashe and his wife on their recent
marriage. He then indicated the Board receives letters every week
commending the personnel and the services of the Department of Fire and
Life Safety and the Sheriff's Office. He stated York County is very
fortunate not to have the problems encountered by the large cities, and
the residents of York County have come to expect continuation of the
high level of services provided. The Board of Supervisors wants to
continue to maintain these services, and it will probably consider an
increase in personnel in this area in FY03.
Chairman Burgett stated he attended the business breakfast last
Thursday sponsored by the Industrial Development Authority and the
Office of Economic Development. He noted it was an excellent opportunity
to network, and there were excellent speakers on workforce development.
He stated he also attended the Aviation World's Fair groundbreaking
ceremony, and he asked Mr. McReynolds to have staff look at what needed
to be done in order to get York County's seat back on the Peninsula
Airport Commission. Chairman Burgett then spoke of the summer reading
program in the County's library system, stating last year 1,600 children
participated, and this year 4,330 children participated. He stated the
Board wishes to look at 911 tax relief for nursing home residents, as
well as moving forward on the parking ordinance. Concerning the next
work session on the Zoning Ordinance amendments, Chairman Burgett asked
the Board members to come to the meeting prepared with all the
information staff has previously provided and their questionnaires
completed. He also asked that an update be provided to the Board on the
communications system and where it is going.
Meeting Recessed. At 7:55 p.m. Chairman Burgett declared a short
recess.
Meeting Reconvened. At 8:02 p.m. the meeting was reconvened
in open session by order of the Chair.
PUBLIC HEARING
GRAFFITI ORDINANCE
Mr. Barnett made a presentation on proposed Ordinance No. 01-16 to
add a new section to the York County Code which would declare graffiti
to be a public nuisance, declaring certain defacement of public or
private buildings to be a misdemeanor, and providing for removal of
graffiti at the property owner's expense.
Chairman Burgett then called to order a public hearing on proposed
Ordinance No. 01-16 that was duly advertised as required by law and is
entitled:
AN ORDINANCE TO ADD A NEW SECTION 16-41, GRAFFITI, TO CHAPTER
16, OFFENSES-MISCELLANEOUS, YORK COUNTY CODE, DECLARING GRAFFITI TO BE
A PUBLIC NUISANCE, DECLARING CERTAIN DEFACEMENT OF PUBLIC OR PRIVATE
BUILDINGS TO BE A MISDEMEANOR, AND PROVIDING FOR REMOVAL OF GRAFFITI
AT THE PROPERTY OWNER'S EXPENSE
Mr. Joe Carney, representing the Virginia Peninsula Association of
Realtors, stated the Association agreed with the concept of cleaning up
the graffiti because it makes the realtor's job of selling real estate
in York County and on the Peninsula easier. An appealing County will
help create a positive environment for business, both existing and
prospective. He noted the Association was a professional trade
organization representing the interests of real estate professionals and
serves to protect the interests of private property owners. He stated
the Association believes that property owners whose buildings or
structures are damaged through graffiti or other defacement should not
be unduly penalized by local governments for failing to clean their
buildings. The Association supports the time limits proposed in the
ordinance and asked that nothing less than 15 days' notice be imposed.
Mr. Carney also suggested that in the case where a property owner
resides outside the County, the owner be allowed additional time to
remove the graffiti from his property. The Association also supports the
dedication of community service time by offenders to the restoration of
property and requiring convicted perpetrators to undertake property
restoration work rather than pay a fine.
There being no one else present who wished to speak concerning the
subject ordinance, Chairman Burgett closed the public hearing.
Mr. Ashe asked if parental liability was set by state statute.
Mr. Barnett indicated it was limited by statute and was only
increased to $1,500 a few years ago.
Mr. Ashe asked if the law provides for insurance to pick up costs
over the $1,500 limit.
Mr. Barnett indicated it did not. He stated the law only allows
the locality to go after the parents for up to $1,500. He stated there
might be other avenues to pursue in gaining restitution.
Mr. Ashe asked Mr. Barnett if he had a legal opinion as to whether
insurance would cover this type of matter.
Mr. Barnett stated he would suspect the answer would be no.
Mr. Ashe suggested that section (e)(2)a. be amended to require
notice be sent by registered or certified mail rather than the regular
mail. He stated he also felt the 15-day notice for the owner to be
required to take corrective action should be amended to read 15 days
from the date of receipt of the notice. He also suggested that the last
sentence at the end of the paragraph be amended to read "Where the
property owner fails to abate the nuisance within fifteen (15) days
after receipt of the notice or refusal of the owner to receive notice,
the county administrator is authorized to undertake efforts forthwith to
remove or obscure the graffiti." Mr. Ashe then addressed subsection
(f) regarding emergency removal of graffiti, stating the 48 hour time
limit to remove the graffiti might be hard on the property owner if
there was a lot of cost involved.
Mrs. Noll agreed that the notices should be sent either certified
or registered mail, whichever is the least expensive.
Mr. Zaremba asked what the County gets out of it if the
perpetrator is apprehended and brought before the criminal court and
found guilty of a Class 1 misdemeanor.
Mr. Barnett stated the perpetrator could be fined up to $2,500. If
it was a County ordinance under which the charge was brought, the fine
goes into the County coffers.
Mr. Zaremba asked what happens if the perpetrator is tried and
found guilty of a Class 6 felony.
Mr. Barnett stated the fine would be assessed and paid to the
state treasury. He stated he felt there would also be jail time
involved.
Mr. Zaremba indicated he was concerned by the fact that the
property owner has to pay to remove the graffiti, yet the County or the
state receives the fine that is assessed to the perpetrator rather than
the property owner. He stated he felt there should be some kind of
provision that reconciles the businessman's expenses to what the County
gets from the parents.
Mr. Wiggins thanked Mr. Carney for his views on the proposed
ordinance. He asked if the fine assessment would be made per occurrence.
Mr. Barnett indicated it would be at the discretion of the
criminal court to assess per charge.
Mr. Wiggins spoke of the damage that has been done to the new
granite work on the waterfront by the skateboarders and the graffiti
that has been drawn in the granite with rocks. He stated it would take
thousands of dollars to correct this damage, and he asked if the County
could go after the perpetrator for the actual amount of damage.
Mr. Barnett stated the County would not be the ones going after
the perpetrators in a criminal case. He speculated that if there was
more than one instance of graffiti damage on the part of one visit to a
particular area, it would probably be treated as one offense.
Chairman Burgett noted that the County now has a Crime Prevention
Deputy working with the local businesses. He stated he walked the
waterfront today and counted 10 blocks of granite that had been defaced.
Each one of the blocks costs $1,700. The trash cans cost $500 each, and
they are also being defaced. He stated the ordinance was not perfect and
may need some adjustments in the future, but he would hope the Board
would adopt the ordinance tonight. He stated he also agreed that the
ordinance should be amended to require certified mail notices, and he
agreed with the amendment to start the 15-day period when the notice has
been received or refused. Chairman Burgett stated he felt it was the
absentee owners that were the problem. The ordinance is not meant to be
punitive to the business person. He stated the Board was just trying to
be realistic and get something on the books to work with.
Mr. Ashe then moved the adoption of proposed Ordinance No.
01-16(R) that reads:
AN ORDINANCE TO ADD A NEW SECTION 16-41, GRAFFITI, TO CHAPTER
16, OFFENSES-MISCELLANEOUS, YORK COUNTY CODE, DECLARING GRAFFITI TO BE
A PUBLIC NUISANCE, DECLARING CERTAIN DEFACEMENT OF PUBLIC OR PRIVATE
BUILDINGS TO BE A MISDEMEANOR, AND PROVIDING FOR REMOVAL OF GRAFFITI
AT THE PROPERTY OWNER'S EXPENSE
BE IT ORDAINED by the York County Board of Supervisors this the
4th day of September, 2001, that a new section 16-41 be added to Chapter
16, Offenses-Miscellaneous, York County Code, to read and provide as
follows:
Sec. 16-41. Graffiti
(a) Definition. "Graffiti" shall mean the unauthorized
application by any means of any writing, painting, drawing, etching,
scratching or marking of an inscription, word, mark, figure or design of
any type on any public or private building or other real estate or
personal property owned, operated or maintained by a governmental entity
or agency or instrumentality thereof or by any private person, firm, or
corporation.
(b) Graffiti prohibited; criminal penalty.
(1) It shall be unlawful for any person to willfully or
maliciously deface or damage by application of graffiti any public
buildings, facilities or other property, or any private buildings,
facilities or other property if the damage to the private property is
less than one thousand dollars ($1,000.00). Any person convicted of a
violation of this subsection shall be guilty of a Class 1 misdemeanor.
(2) Upon a finding of guilt in any case tried before the court
without a jury, in the event the violation constitutes a first offense
which results in property damage or loss, the court, without entering a
judgment of guilt, upon motion of the defendant, may defer further
proceedings and place the defendant on probation pending completion of a
plan of community service work. If the defendant fails or refuses to
complete the community service as ordered by the court, the court may
make final disposition of the case and proceed as otherwise provided. If
the community service work is completed as the court prescribes, the
court may discharge the defendant and dismiss the proceedings against
him. Discharge and dismissal under this section shall be without
adjudication of guilt and is a conviction only for the purposes of
applying the ordinance in subsequent proceedings.
(3) Any community service ordered by the court shall, to the
extent feasible, include the repair, restoration or replacement of any
damage or defacement to property within the county and may include
clean-up, beautification, landscaping or other appropriate community
service within the county. The county administrator shall supervise the
performance of any community service work required and to report thereon
to the court imposing such requirement. At or before the time of
sentencing under the ordinance, the court shall receive and consider any
plan for making restitution or performing community service submitted by
defendant. The court shall also receive and consider the recommendations
of the court's supervisor of community services concerning the plan.
(4) Notwithstanding any other provision of law, no person
convicted of a violation of this ordinance shall be placed on probation
or have his sentence suspended unless such person shall make at least
partial restitution for such property damage or is compelled to perform
community services, or both in accordance with Code of Virginia §
19.2-305.1, as it may be amended from time to time.
(c) Parental liability for cost of graffiti. In the event graffiti
is applied to any public property by a minor who is living with either
or both parents or a legal guardian, the county may institute an action
and recover from the parents of the minor, or either of them, or from
the legal guardian the costs for damages suffered by reason of the
willful or malicious destruction of, or damage to, public property by
the minor. The action by the county shall be subject to any limitation
of the amount of recovery set forth in Code of Virginia § 8.01-43 or
other applicable state law.
(d) Graffiti declared a nuisance. The existence of graffiti within
the county in violation of this section is expressly declared a public
nuisance, and is subject to the removal and abatement procedures
specified in this section.
(e) Removal of graffiti.
(1) The county administrator is authorized to undertake or
contract for the removal or repair of the defacement of any public
building, wall, fence or other structure by the application of graffiti.
(2) The county administrator is also authorized to undertake or
contract for the removal or repair of the defacement by graffiti of any
private building, wall, fence or other structure visible from any public
right-of-way in accordance with the following procedures:
a. Prior to such removal of graffiti from private property, the
county administrator shall issue to the property owner, by certified
mail, return receipt requested, sent to the last address listed for the
owner in county property assessment records, a notice which states: the
street address and legal description of the property; that the property
has been determined by the county to constitute a graffiti nuisance;
that the owner must take corrective action to abate the nuisance created
by such graffiti within fifteen (15) days of the date of the owner's
receipt of the notice or refusal of the owner to receive notice; and
that if the graffiti is not removed within the 15-day period, the county
will begin removal procedures, the cost of which shall by charged to the
property owner, or may institute a legal action to require the property
owner to remove or obscure the graffiti. Where the property owner fails
to abate the nuisance within fifteen (15) days after receipt of the
notice or refusal of the owner to receive notice, the county
administrator is authorized to undertake efforts forthwith to remove or
obscure the graffiti.
b. Before entering upon private property for the purpose of
graffiti removal, the county shall attempt to obtain the consent of the
property owner, occupant or other responsible party.
c. In the event no owner or occupant or person responsible for the
graffiti can be found to whom to direct the notice provided for in this
subsection, the county, after giving fifteen (15) days notice in a
newspaper having general circulation in the county, may proceed to
remove or obscure the graffiti and charge the property owner for costs
therefor as provided in (g) below.
(3) Where a structure defaced by graffiti is owned by a public
entity other than the county, the removal of the graffiti by the county
is authorized only after securing the consent of an authorized
representative of the public entity having jurisdiction over the
structure.
(4) In addition to the foregoing, the county administrator is
authorized to institute appropriate legal action on behalf of the
county, including but not limited to actions pursuant to Code of
Virginia section 15.2-900, to compel the owner or owners of the subject
property to abate or remove the graffiti at the owner's own cost.
(f) Emergency removal of graffiti. If the county administrator
determines that any graffiti is an immediate danger to public health,
safety or welfare, then forty-eight (48) hours after the later of (1)
mailing notice to the property owner or other responsible party, as
provided above and (2) posting notice in a conspicuous place on the
property, the county may remove or cause the graffiti to be removed. The
county may bring an action against the property owner or other
responsible party to recover the necessary costs reasonably required to
remove or obscure the graffiti.
(g) Assessment of costs against property owner for removal of
graffiti.
(1) If the county undertakes corrective action to remove graffiti
from private property after complying with the notice provisions of
subsection (e)(2) above, the total cost for such removal and related
repairs shall be chargeable to and paid by the property owner, and may
be collected as a special assessment against the respective lot or
parcel of land to which it relates in the manner in which county taxes
and levies are collected.
(2) Every charge authorized by this section with which the owner
of any such property has been assessed and which remains unpaid shall
constitute a lien against such property with the same priority as liens
for unpaid local taxes and enforceable in the same manner as such liens.
(h) Nothing herein shall be deemed a limitation on the rights of
the county to seek and enforce the removal or obscuration of graffiti by
any other means or remedies available at law or equity.
(i) Severability. If any part, subsection, or sentence of this
section is for any reason determined by a court of law to be
unconstitutional or invalid, such decision shall not affect the
remaining portions of this section.
On roll call, the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
CONSENT CALENDAR
Chairman Burgett asked that Item No. 5 be removed from the Consent
Calendar.
Mrs. Noll moved that the Consent Calendar be approved as amended,
Item Nos. 2, 3, 4, and 6, respectively.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 2. APPROVAL OF MINUTES
The minutes of the following meetings of the York County Board of
Supervisors were approved:
August 7, 2001, Regular Meeting
August 14, 2001, Adjourned Meeting
Item No. 3. PURCHASE AUTHORIZATION: Resolution R01-158.
A RESOLUTION TO CONSTRUCT ROADWAY IMPROVEMENTS
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 4th day of September, 2001, that the County
Administrator be, and hereby is, authorized to conclude procurement
arrangements for the following:
AMOUNT
Russell Lane Roadway Improvements Project $183,952
Item No. 4. PUBLIC WATER AND SEWER EXTENSION AGREEMENTS-BULIFANTS,
L.P.: Resolution R01-157.
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE
(OFF-SITE) PUBLIC WATER AND SEWER EXTENSION AGREEMENTS PURSUANT TO
SECTIONS 18 AND 22 OF THE COUNTY CODE
WHEREAS, Bulifants, L.P., has requested that the County enter into
off-site public sewer and water extension agreements pursuant to
Sections 18.1-53(b) and 22-88 (b) of the York County Code to extend
utilities to property shown in the County's land records, Tax Map
#02-34; and
WHEREAS prior to any additional engineering on the proposed
development, the developer has requested that a determination be made as
to whether the Board will authorize these extensions of the public
facilities of the County;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 4th day of September, 2001, that the Board approves
the extension of the County's public water and sewer systems, and that
the County Administrator be, and hereby is, authorized to execute
off-site public water and sewer extension agreements with Bulifants,
L.P., for the proposed extensions of utilities to property shown in the
County's land records as Tax Map #02-34; such agreements to be approved
as to form by the County Attorney.
Item No. 6. REFUND OF TAXES: Resolution R01-161.
A RESOLUTION TO AUTHORIZE A TAX REFUND TO EAST COAST OIL, INC.
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, East Coast Oil, Inc., has made a proper request for a tax
refund for taxes overpaid due to the sale of two of its business
locations in the County; 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 $5,870.68;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 4th day of September, 2001, that the Commissioner
of Revenue is authorized to refund to East Coast Oil, Inc., overpaid
business license tax in the amount of $5,591.12, together with accrued
interest in the amount of $279.56, for a total refund of $5,870.68.
Item No. 5. YORK COUNTY COMMUNITY CENTER PROJECT: Proposed
Resolution R01-160. (Removed from Consent Calendar)
Chairman Burgett indicated he understood there was a problem with
the indoor running/jogging track.
Mrs. Anne B. Smith, Director of Community Services, stated there
had been discussion about not requiring a specific surface track. She
stated she made it very clear that the track with a surface to be used
specifically for running and jogging is a very important aspect of the
project.
Chairman Burgett agreed that a track specifically constructed for
running and jogging should be a part of the project.
Mr. Wiggins also noted his agreement.
Mr. Zaremba also agreed, stating the County has a commitment for
this project based on a certain size. If the size is going to be
reduced, the County's contribution should be reduced or used to make
sure the running track is what it should be.
Chairman Burgett asked Mrs. Smith to report the Board's comments
back to the Peninsula YMCA.
Mr. Ashe expressed his concern that the track hasn't already been
designed into the project and the impact it will cause to change it at
this point. He asked if the present design was conducive to this track.
Mrs. Smith stated she felt that it can be. Regarding the design,
she stated the YMCA has hired W. M. Jordan as the construction
contractor, and they will participate in the final steps of the design
to work out the details together. She noted that on October 4 there will
be a groundbreaking ceremony for the facility.
Discussion followed on the location of the indoor jogging/running
track.
Mrs. Smith also noted that the staff was in the process of
preparing protocols for subsidizing the citizens in the upper area of
the County wishing to join the Williamsburg/James City County Recreation
Center, which should start November 1.
Chairman Burgett then moved the adoption of proposed Resolution
R01-160 that reads:
A RESOLUTION TO AUTHORIZE AMENDMENTS TO THE PUBLIC-PRIVATE
PARTNERSHIP AGREEMENT FOR THE YORK COUNTY COMMUNITY CENTER BETWEEN THE
COUNTY OF YORK AND THE PENINSULA METROPOLITAN YMCA
WHEREAS, the citizens of York County have expressed an interest in
and desire to have available to them a community center, and it is the
desire of the Board of Supervisors to provide such a facility, but to do
so in the most cost effective manner possible; and
WHEREAS, the York County Board of Supervisors, determining that a
public-private partnership was the manner in which such a facility could
be provided with the greatest benefit to the citizens and at the lowest
investment of tax dollars, adopted Resolution R99-232 on December 15,
1999, authorizing an Agreement between the County and the Peninsula
Metropolitan YMCA; and
WHEREAS, that Agreement provided for the long-term lease of County
property and a financial contribution toward the construction of such a
facility, to be paid in equal annual installments of $200,000 for a
period of 10 years beginning at such time as the YMCA commences
construction of the project; and
WHEREAS, the Agreement specified certain details of construction
and amenities that the YMCA has asked to amend and which have been
closely examined by staff and which do not appear to change either the
priority amenities desired by the County nor the overall benefit to the
citizens of York;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 4th day of September, that the County Administrator
be, and hereby is, authorized to execute amendments to the Agreement
with the YMCA which is dated the December 15, 1999, as authorized by
Resolution R99-232 (R), to:
a.) Reduce the total square footage reflected in section 9. a.
from a minimum 49,000 square feet to a minimum 45,000 square feet, and
b.) also in section 9. a., to delete item (10) and to change item
(8) from "one or more saunas" to read "two saunas."
On roll call, the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
NEW BUSINESS
AMENDMENTS TO BOARD POLICIES
Mr. McReynolds made a presentation on proposed Resolution R01-162
to adopt certain amendments to Board Policies BP94-05, BP94-06, BP94-09,
and BP96-15, and to adopt new Board Policy BP01-19.
Mr. Zaremba asked that staff look at the way the Board's agenda is
advertised on Channel 46. He stated it only lists the policy numbers but
says nothing about what the policies contain. He stated staff needs to
be more conscientious in explaining the Board's agenda items to the
citizens and advertise the agenda in a more meaningful way.
Mr. Ashe noted one correction to BP94-05. He stated the word
"reactive" on the second page in subsection e. should be
"reactivate."
Mrs. Noll then moved the adoption of proposed Resolution R01-162
that reads:
A RESOLUTION TO ADOPT CERTAIN AMENDMENTS TO BOARD POLICY NUMBERS
BP94-05, BP94-06, BP94-09 and BP96-15 AND TO ADOPT NEW POLICY BP01-19
WHEREAS, the York County Board of Supervisors adopted the Board
Policies Manual on October 20, 1994; and
WHEREAS, in accordance with Board Policy Number BP94-01, the
County Administrator has conducted an annual review of the adopted
Policies and has submitted recommendations for certain amendments to
four policies and for the adoption of one new policy; and
WHEREAS, the Board has carefully considered the recommendations
set forth in the County Administrator's reports to the Board dated July
31, 2001, and August 22, 2001, and has determined that approval of the
proposed amendments and the new policy is appropriate;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 4th day of September, 2001, that Board Policy
Numbers BP94-05, BP94-06, BP94-09, BP96-15, and new policy BP01-19 be,
and they are hereby, amended and adopted to read as set forth in the
attachments to the County Administrator's July 31, 2001, and August 22,
2001, reports to the Board of Supervisors.
On roll call, the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
YORKTOWN VILLAGE ACTIVITY DISTRICT ACCESSORY STRUCTURE APPROVAL:
GEORGE E. BENNETT, JR.
Mr. Carter made a presentation on proposed Resolution R01-153 to
approve the request of George E. Bennett, Jr., for the construction of
an accessory garage on property located at 119 Smith Street in Yorktown.
Mr. Wiggins asked what the distance was at the closest point
between the proposed garage and the existing house.
Mr. Carter indicated there would be sufficient room between the
existing house and the proposed garage to drive a vehicle behind the
house to the existing garage. There is at least 10-15 feet between the
existing house and the corner of the new garage.
Mr. Wiggins noted the design was beautiful and blended well with
the existing buildings.
Mr. Ashe indicated the applicant should be allowed to use high
quality vinyl siding as a substitute for aluminum siding.
Mrs. Noll asked what the surface of the driveway would be.
Mr. Carter indicated the existing driveway is gravel, but the
Bennett's plan to pave a part of it.
Discussion followed concerning the use of the abbreviated approval
process for an accessory use rather than going through the more involved
special use permit procedure of Planning Commission review and public
hearings.
Mrs. Noll then moved the adoption of proposed Resolution R01-153
that reads:
A RESOLUTION TO APPROVE THE REQUEST OF GEORGE E. BENNETT, JR., FOR
THE CONSTRUCTION OF AN ACCESSORY GARAGE ON PROPERTY LOCATED AT 119 SMITH
STREET IN YORKTOWN
WHEREAS, George E. Bennett, Jr., has submitted an application
requesting permission to construct accessory garage on property located
at 119 Smith Street in Yorktown; and
WHEREAS, pursuant to Section 24.1-327(b)(3) of the York County
Zoning Ordinance, such requests may be approved by the Board of
Supervisors by resolution; and
WHEREAS, the proposed garage's location and design are compatible
with adjacent properties and structures;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 4th day of September, 2001, that the request of
George E. Bennett, Jr., for the construction of an accessory garage on
property located at 119 Smith Street, as described in the County
Administrator's report to the Board dated August 10, 2001, be, and it is
hereby, approved.
On roll call, the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
CLOSED MEETING. At 9:05 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 and the
salary of specific County officers; and Section 2.1-344(a)(3) pertaining
to the acquisition of property for a public purpose.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, 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 4th day of September, 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 COLONIAL SERVICES BOARD
Mr. Wiggins moved the adoption of proposed Resolution R01-117 that
reads:
A RESOLUTION TO APPOINT A YORK COUNTY REPRESENTATIVE TO THE
COLONIAL SERVICES BOARD
BE IT RESOLVED by the York County Board of Supervisors this the
4th day of September, 2001, that Joy Ivey be, and is hereby, appointed
as a representative to the Colonial Services Board for a term of three
years, such term to begin immediately and expire June 30, 2004.
On roll call, the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Meeting Adjourned. At 9:37 p.m. Mr. Zaremba moved that the meeting
be adjourned to 6:00 p.m., Tuesday, September 11, 2001, in the East
Room, York Hall, for the purpose of conducting a work session.
On roll call, the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, 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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