BOS Minutes 09/18/01Regular Meeting

Regular Meeting
September 18, 2001
7:00 p.m.

Meeting Convened. A Regular Meeting of the York County Board of Supervisors was called to order at 7:03 p.m., Tuesday, September 18, 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. Dr. Richard Harrell, 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.

CONDEMNATION OF TERRORIST ATTACKS (Not on Agenda)

Chairman Burgett explained that the National Association of Counties (NACo) was united in preparing a resolution on the terrorists actions which took place in New York and in Washington, D.C., on September 11, 2001. He then read aloud proposed Resolution R01-174 as follows:

A RESOLUTION TO CONDEMN THE TERRORIST ACTIONS WHICH TOOK PLACE ON SEPTEMBER 11, 2001, AGAINST THE UNITED STATES, AND TO EXPRESS SUPPORT TO THE COUNTRY'S LEADERSHIP IN BRINGING THE PERPETRATORS TO JUSTICE

WHEREAS, on September 11, 2001, the United States of America was suddenly and brutally attacked by foreign terrorists; and

WHEREAS, these terrorists hijacked and destroyed four civilian aircraft, crashing two of them into the towers of the World Trade Center in New York City, and a third into the Pentagon outside Washington, D.C.; and

WHEREAS, thousands of innocent Americans were killed and injured as a result of these attacks, including the passengers and crew of the four aircraft, workers in the World Trade Center and in the Pentagon, rescue workers, and bystanders; and

WHEREAS, these cowardly acts were by far the deadliest terrorist attacks ever launched against the United States, and, by targeting symbols of American strength and success, clearly were intended to intimidate our nation and weaken its resolve; and

WHEREAS, these horrific events have affected all Americans, and it is important that we carry on with the regular activities of our lives; and

WHEREAS, terrorism cannot be allowed to break the spirit of the American people, and the best way to show these cowards that they have truly failed is for the people of the United States and their counties to stand tall and proud;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 18th day of September, 2001, that it does hereby condemn the cowardly and deadly actions of these foreign terrorists.

BE IT FURTHER RESOLVED that the Board of Supervisors expresses its strongest support to the President of the United States as he works with his national security team to defend against additional attacks and find the perpetrators to bring them to justice.

BE IT STILL FURTHER RESOLVED that the Board of Supervisors recommends and encourages the citizens of York County to support relief efforts by giving blood at the nearest available blood donation center.

Chairman Burgett then moved the adoption of proposed Resolution R01-174 as set forth above.

On roll call the vote was:

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

HIGHWAY MATTERS

Mr. John Mazur, Assistant Resident Engineer, Virginia Department of Transportation, (VDOT), appeared to discuss highway matters of interest to the Board of Supervisors. He announced that the contract to crack, seal, and overlay repairs for Route 17 had been awarded.

Mr. Zaremba requested a meeting with Mr. Elliott regarding drainage surrounding the Waller Mill Road area.

Chairman Burgett expressed his appreciation regarding the culvert work and log removal in his district.

PRESENTATIONS

INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARD AND COMMISSIONS

Chairman Burgett introduced and welcomed the new members to the following Boards and Commissions:

George R. Hoffeditz, Jr., York County Historical Committee
Jennifer R. Gates, York County Historical Committee

ZWEIBRÜCKEN STUDENT EXCHANGE PROGRAM

Ms. Sandy Hespe, representative of the York County School Division, introduced the following students who visited Zweibrücken, Germany, this past summer:

Diane Luckring, York High School
Michelle Perry, Tabb High School
Taylor Smith, York High School

The students expressed their appreciation to the Board for allowing them to travel to Zweibrücken. Each student recounted their visit and encouraged the Board to continue its support for the student exchange program.

Mr. Robert Oliver, chaperone, told of some of the students' experiences and expressed his appreciation to the Board for its support of the program.

GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) CERTIFICATE OF ACHIEVEMENT

Mr. McReynolds presented to the Board the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year ended June 30, 2000. Mr. McReynolds commended the following members of the Financial and Management Services staff for attaining this achievement for the County:

Mary Ann Kirish
Jody Bauer
Carolyn Cuthrell
Lisa Saunders

NATIONAL ASSOCIATON OF COUNTIES (NACo) ACHIEVEMENT AWARDS

The following departments were presented with plaques representing the NACo Achievement Awards presented to the County for 2001:

Financial & Management Services:

Up-to-Date Daily, Monthly, and Year-to- Date Financial Information Program

Environmental & Development Services:

Mosquito Control Outreach Program

General Services:

Telecommunications Traffic Analysis Program

Fire and Life Safety:

Multi-Jurisdictional Criminal Warrant-Computer Aided Dispatch System Program

Fire and Life Safety On-Duty Training Program Delivery System

York-Poquoson Adult Multidisciplinary Team

Community Services:

Exploring Interests and Concerns of County High School Age Citizens Program

Youth Week-A Public/Private Initiative Supporting Local Youth Program

The Use of Volunteers to Increase the Cognitive and Social Skill Levels of Pre-Schoolers Program

EMERGENCY MANAGEMENT PROCEDURE IN RESPONSE TO TERRORIST ATTACK (Not on Agenda)

Mr. Stephen P. Kopczynski, Fire Chief, made a presentation on York County's response to the terrorist attack of September 11. He explained that the County's emergency managers, the senior staff of the Department of Fire and Life Safety, and the Sheriff's Office met to exchange information, monitor developments, and prepare to implement any emergency operations necessary. He stated the courts, fire stations, schools, and the County's Public Safety Building were placed in a heightened state of awareness and security. The County's Emergency Operations Center became the base of operations from which events could be monitored and response actions directed if needed.

Meeting Recessed. At 8:00 p.m. Chairman Burgett declared a short recess.

Meeting Reconvened. At 8:05 p.m. the meeting was reconvened in open session by order of the Chair.

PUBLIC HEARINGS

APPLICATION NO. UP-570-01, HAMPTON ROADS SANITATION DISTRICT

Mr. Mark Carter, Planning and Zoning Manager, made a presentation on Application No. UP-570-01 to authorize the construction of additional treatment facilities and the installation of a pipeline from the Hampton Roads Sanitation District (HRSD) York River Treatment Plant to the BP/Amoco Refinery to provide reclaimed water for industrial use. He explained the Planning Commission enthusiastically recommended approval of the application and staff recommended approval through the adoption of proposed Resolution R01-149.

Mr. Bruce Husselbee, Project Engineer and Manager for HRSD, appeared to answer the Board's questions relative to the project. He explained that HRSD had signed a 20-year contract to provide 500,000 gallons per day of reused water to BP/Amoco. He displayed several ways in which utilization of the water would be more beneficial.

Mrs. Noll asked about increasing the size of the side stream if future land sales or development result in additional demand for reclaimed water.

Mr. Husselbee responded it could be increased, and the plant could be expanded significantly to accommodate the need.

Mr. Wiggins asked if the HRSD effluent pipeline currently discharged wastewater into the York River and if there were any health hazards to those citizens in the Waterview area.

Mr. Husselbee explained the discharged water was presently sent to the Virginia Power cooling canal before going out into the York River. He explained that the water was highly-treated water, and he did not see any negative impacts.

Discussion ensued regarding the water treatment process and safety issues concerning the process.

Chairman Burgett then called to order a public hearing on Application No. UP-570-01 that was duly advertised as required by law. Proposed Resolution R01-149 is entitled:

A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE THE CONSTRUCTION OF AN EIGHT-INCH (8") TO TWELVE-INCH (12") DIAMETER RECLAIMED WASTEWATER TRANSMISSION PIPELINE FOR HAMPTON ROADS SANITATION DISTRICT IN SEAFORD

There being no one present who wished to speak concerning the subject application, Chairman Burgett closed the public hearing.

Mr. Wiggins asked that a meeting between the Waterview Homeowners Association and the Dandy Homeowners Association take place to explain the procedures for the water treatment. He stated that as long as there wasn't any danger to the residents or the environment, he was in favor of the project.

Mr. Ashe stated the water would be pre-treated and it would be much cleaner than the normal effluent that is released into the river.

Mrs. Noll then moved the adoption of proposed Resolution R01-149 which reads:

A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE THE CONSTRUCTION OF AN EIGHT-INCH (8") TO TWELVE-INCH (12") DIAMETER RECLAIMED WASTEWATER TRANSMISSION PIPELINE FOR HAMPTON ROADS SANITATION DISTRICT IN SEAFORD

WHEREAS, Hampton Roads Sanitation District (HRSD) has submitted Application No. UP-570-01 to request a special use permit, pursuant to Section 24.1-306 (category 17, number 8) of the York County Zoning Ordinance, to authorize the construction of an eight-inch (8") to twelve-inch (12") diameter reclaimed wastewater transmission pipeline at one of the two alter-native alignments; 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 given careful consideration to the public comments with respect to this application;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 18th day of September, 2001, that Application No. UP-570-01 be, and it hereby is, approved subject to the following conditions:

1. This use permit shall authorize the construction of an eight-inch (8") to twelve-inch (12") diameter reclaimed wastewater transmission pipeline at one of the two following alternative alignments as designated on plans entitled "Pipeline Alternates, York River Treatment Plant Water Reclamation Project - Figure A-1012" prepared by McKim & Creed, and dated May 2001:

A) Directional drill method: Directional drill underneath Back Creek from HRSD to BP/Amoco for an approximate length of 4,000 feet

B) Conventional trenching method: Dig a conventional trench along Back Creek Road and Goodwin Neck Road from HRSD to BP/Amoco for an approximate length of 11,000 feet

2. This use permit shall also authorize the construction of a twenty-five-foot by forty-foot (25' x 40') building, above-ground tanks, and the additional facilities for future expansion, as designated on plans entitled, "Recommended Site Plan for Water Reclamation Treatment Sys-tem, York River Treatment Plant Water Reclamation Project - Figure A-13" prepared by McKim & Creed, and dated May 2001. These facilities shall be located and constructed in accordance with this plan and profile.

3. The reclaimed wastewater transmission pipeline shall be located and constructed along one of the two proposed alignments in accordance with the plan and profile entitled "Pipeline Alternates, York River Treatment Plant Water Reclamation Project - Figure A-10" and "Recommended Site Plan for Water Reclamation Treatment System, York River Treatment Plant Water Reclamation Project - Figure A-13" prepared by McKim & Creed, and dated May 2001.

4. A site plan and an erosion and sediment control plan prepared in accordance with Article V of the York County Zoning Ordinance shall be submitted to and approved by York County Department of Environmental and Development Services, and all applicable permits issued and necessary easements acquired prior to the commencement of any construction activity related to any part of the reclaimed water transmission pipeline.

5. A major water quality impact study shall be submitted with the development plan consistent with the provisions set forth in Section 24.1-372, Environmental Management Area Overlay District.

6. This use permit shall expire at such time as the reclaimed wastewater transmission pipeline authorized herein is abandoned by the applicant or its successor.

7. In accordance with Section 24.1-115(b)(7) of the York County Zoning Ordinance, a certified copy of the resolution authorizing this special use permit shall be recorded at the expense of the applicant in the name of the property owner as grantor in the office of the Clerk of the Circuit Court.

On roll call the vote was:

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

APPLICATION NO. UP-577-01, JOHN R. AND JAHALA H. MAGUIRE

Mr. Carter made a presentation on proposed Application No. UP-577-01 to authorize an attached accessory apartment to be constructed in conjunction with a single-family detached dwelling on a 10.5-acre parcel located at 104 Riley's Place. 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 R01-150.

Chairman Burgett voiced his concerns about the dwelling being under construction and the applicant not having the permit for the accessory apartment before construction began.

Mr. Carter elaborated on the permit process in this case and indicated that a building permit had been issued because without a kitchen, the structure, technically, was not an accessory apartment. He stated that an amendment was working its way through the Planning Commission which recommended a change in the definition of accessory apartments. He explained that the amendment would allow a structure without a kitchen, like the one under construction in this case, to be considered an "accessory apartment."

Mr. John McGuire, the applicant, appeared to answer the Board's questions. He stated the accessory apartment was for his elderly mother-in-law and that the apartment was sized so that it would accommodate many of his mother-in-law's household furnishings.

Mr. Zaremba asked what would happen to the apartment once it became vacant or if the property should be sold.

Mr. Carter indicted the same conditions would be transferred to the new owner, and that the apartment could not be rented out.

Mrs. Noll pointed out that she also has concerns with the permit process, and she felt the size of the apartment was too large.

Mr. Ashe stated he was pleased to see families trying to accommodate their relatives.

Mr. Zaremba stated he felt the Board should not hold the order of the permit process against Mr. McGuire.

Chairman Burgett also stated he felt it was not proper to penalize Mr. McGuire and requested that future applicants be counseled to follow the correct order when applying for a permit.

Chairman Burgett then called to order a public hearing on Application No. UP-577-01 which was duly advertised as required by law. Proposed Resolution R01-150 is entitled:

A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE AN ATTACHED ACCESSORY APARTMENT

There being no one present who wished to speak concerning the subject application, Chairman Burgett closed the public hearing.

Mr. Wiggins then moved the adoption of proposed Resolution R01-150 which reads:

A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE AN ATTACHED ACCESSORY APARTMENT

WHEREAS, John H. and Jahala R. Maguire have submitted Application No. UP-577-01 to request a special use permit, pursuant to Section 24.1-407(c) of the York County Zoning Ordinance, to authorize an attached accessory apartment in conjunction with a single-family detached dwelling on property located at 104 Rileys Place and further identified as Assessor's Parcel No.3-(16)-A; 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 given careful consideration to the public comments with respect to this application;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 18th day of September, 2001, that Application No. UP-577-01 be, and it hereby is, approved subject to the following conditions:

1. This use permit shall authorize an attached accessory apartment in conjunction with a single-family detached dwelling on property located at 104 Rileys Place and further identified as Assessor's Parcel No. 3-(16)-A.

2. Except as specifically modified herein, 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 any construction activities on the site. A Certificate of Occupancy must be issued prior to establishing residence in the accessory apartment.

3. Not more than one (1) accessory apartment shall be permitted in conjunction with the principal dwelling unit.

4. The accessory apartment unit shall not contain in excess of 1100 square feet.

5. The accessory apartment unit shall contain no more than one (1) bedroom.

6. The maximum combined number of bedrooms in the principal dwelling and the accessory apartment unit shall be five (5) unless otherwise specified by the Health Department based on a finding that on-site water supply and sewage treatment facilities either are not adequate to serve the anticipated number of residents or are adequate to serve a greater number of residents.

7. Adequate provisions shall be made for off-street parking of motor vehicles in such a fashion as to be compatible with the character of the single-family residence and adjacent properties. 8. The accessory apartment shall not be rented separate from the principal dwelling and shall be occupied only by family members or guests of the occupant of the single-family dwelling. The accessory apartment shall not be served by a separate electrical service meter.

8. In accordance with Section 24.1-115(b)(7) of the York County Zoning Ordinance, a certified copy of the resolution authorizing this special use permit shall be recorded at the expense of the applicant in the name of the property owner as grantor in the office of the Clerk of the Circuit Court.

On roll call the vote was:

Yea: (4) Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
Abstention: (1) Noll

APPLICATION NO. UP-579-01, PERCY P. PHARR

Mr. Carter made a presentation on Application No. UP-579-01 to authorize a detached 760 square foot accessory apartment to be constructed on the second floor of an existing detached garage in conjunction with a single-family detached dwelling on property located at 1608 Calthrop Neck Road. 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 R01-151.

Mr. Percy Pharr, the applicant, appeared to answer any questions the Board might have and explained he would like to have an accessory apartment for his children and grandchildren to stay in while visiting.

Mr. Ashe stated he had visited the property, and it was in a very secluded area. He stated he supported the application.

Mrs. Noll stated she felt the size of the apartment was more reasonable.

Chairman Burgett called to order a public hearing on Application No. UP-579-01 which was duly advertised as required by law and is entitled:

A RESOLUTION TO RECOMMEND APPROVAL OF A SPECIAL USE PERMIT TO AUTHORIZE A DETACHED ACCESSORY APARTMENT

There being no one present who wished to speak concerning the subject application, Chairman Burgett closed the public hearing.

Mr. Ashe then moved the adoption of proposed Resolution R01-151 which reads:

A RESOLUTION TO RECOMMEND APPROVAL OF A SPECIAL USE PERMIT TO AUTHORIZE A DETACHED ACCESSORY APARTMENT

WHEREAS, Percy Pharr has submitted Application No. UP-579-01 to request a special use permit, pursuant to Section 24.1-407(c) of the York County Zoning Ordinance, to authorize a detached accessory apartment in conjunction with a single-family detached dwelling to be constructed on property located at 1608 Calthrop Neck Road and further identified as Assessor's Parcel No. 30-243; and

WHEREAS, said application has been forwarded to the York County Planning Commission in accordance with applicable procedure; and

WHEREAS, said 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 given careful consideration to the public comments with respect to this application;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 18th day of September, 2001, that Application No. UP-579-01 be, and it hereby is, approved subject to the following conditions:

1. This use permit shall authorize a detached accessory apartment in conjunction with a single-family detached dwelling to be constructed on property located at 1608 Calthrop Neck Road and further identified as Assessor's Parcel No. 30-243.

2. Building plans in substantial conformance with the sketch plan submitted by the applicant shall be submitted to and approved by the York County Department of Environmental and Development Services, Division of Building Regulation, prior to receiving a building permit for the accessory apartment.

3. Not more than one (1) accessory apartment shall be permitted in conjunction with the principal dwelling unit.

4. The accessory apartment unit shall not contain in excess of 760 square feet.

5. The accessory apartment unit shall contain no more than one (1) bedroom.

6. Adequate provisions shall be made for off-street parking of motor vehicles in such a fashion as to be comparable with the character of the single-family residence and adjacent properties.

7. The accessory apartment shall not be rented separate from the principal dwelling and shall be occupied only by family members or guests of the occupant of the single-family dwelling.

On roll call the vote was:

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

APPLICATION NO. UP-580-01, WILLIAMSBURG PLAYERS

Mr. Carter made a presentation on Application No. UP-580-01 to authorize the expansion of the James-York Playhouse by the construction of a 9,000 square foot building addition and 77 additional parking spaces. 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 R01-152.

Chairman Burgett called to order a public hearing on Application No. UP-580-01 which was duly advertised as required by law. Proposed Resolution R01-152 is entitled:

A RESOLUTION TO APPROVE A MAJOR AMENDMENT TO A PREVIOUSLY APPROVED SPECIAL USE PERMIT FOR THE EXPANSION OF THE JAMES-YORK PLAYHOUSE AT 200 HUBBARD LANE

Mr. William Hinson, Chairman of the Board for the Williamsburg Players, gave some background on the group and offered to answer any questions the Board might have.

Mr. Zaremba asked if the residents had concerns with the expansion.

Mr. Hinson explained that residents become upset sometimes when patrons park on the streets. The patrons are then asked to move their cars and park on the Players' property.

There being no one else present who wished to speak concerning the subject application, Chairman Burgett closed the public hearing.

Mr. Zaremba then moved the adoption of proposed Resolution R01-152 which reads:

A RESOLUTION TO APPROVE A MAJOR AMENDMENT TO A PREVIOUSLY APPROVED SPECIAL USE PERMIT FOR THE EXPANSION OF THE JAMES-YORK PLAYHOUSE AT 200 HUBBARD LANE

WHEREAS, the Williamsburg Players, Inc., a non-profit organization providing community theater to the greater Williamsburg area and the surrounding Hampton Roads region, is operating the James-York Playhouse, on the parcel located at 200 Hubbard Lane approximately 760 feet north of the intersection of Hubbard Lane (Route 716) and Penniman Road (Route 641) and further identified as Assessor's Parcel No. 10-37, in accordance with a use permit approved by the Board in 1977 through the adoption of R77-201; and

WHEREAS, the Williamsburg Players, Inc. have submitted Application No. UP-580-01, which seeks a major amendment to the above-referenced Special Use Permit, pursuant to Section 24.1-115(d)(3) of the York County Zoning Ordinance, to authorize the expansion of the James-York Playhouse; and

WHEREAS, said application has been forwarded to the York County Planning Commission in accordance with applicable procedure; and

WHEREAS, said 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 given careful consideration to the public comments with respect to this application;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 18th day of September, 2001, that Application No. UP-580-01 be, and it hereby is, approved subject to the following conditions:

1. This use permit shall authorize the expansion of the James-York Playhouse, on the parcel located at 200 Hubbard Lane approximately 760 feet north of the intersection of Hubbard Lane (Route 716) and Penniman Road (Route 641) and further identified as Assessor's Parcel No. 10-37.

2. A site plan prepared in accordance with the provisions of Article V of the Zoning Ordinance shall be submitted to and approved by the York County Department of Environmental and Development Services, Division of Development and Compliance, prior to the commencement of any land clearing or construction activities on the parcel. Said site plan shall be in substantial conformance with the sketch plan titled "Additions and Renovations to the Williamsburg Players," prepared by Simmons Engineering, Inc. and dated May 23, 2001.

3. In accordance with Section 24.1-115(b)(7) of the York County Zoning Ordinance, a certified copy of the resolution authorizing this special use permit shall be recorded at the expense of the applicant in the name of the property owner as grantor in the office of the Clerk of the Circuit Court.

On roll call the vote was:

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

CITIZENS COMMENT PERIOD

No one appeared to speak at this time.

COUNTY ATTORNEY REPORTS AND REQUESTS

Mr. Barnett explained that he and the Assistant County Attorney would be in Roanoke, Virginia, attending the Local Government Attorneys Conference. The conference is held every six months, and Mr. Barnett stated he felt it was great opportunity to acquire the Continuing Legal Education credits necessary for attorneys to keep their licenses.

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

Mr. McReynolds announced that notification received from the Chesapeake Bay Local Assistance Board indicated the County's Comprehensive Plan was now in full compliance with the Chesapeake Bay Protection Act. He stated that out of respect to the victims of last week's terrorist act, the work session scheduled for September 11 was cancelled which would require a rescheduling of some of the items. He then discussed some of the items to be put on the agenda for the upcoming work session and Regular Meeting. Mr. McReynolds then noted he would be attending a conference in Virginia Beach on watershed management.

MATTERS PRESENTED BY THE BOARD

Mr. Wiggins expressed sorrow for the tragic events of the past week.

Mr. Zaremba pointed out the nationwide census taken last year resulted in York County having approximately 57,000 citizens and by law was obligated to proceed with redistricting. He announced several locations in the County where informational meetings on redistricting would be held. He also recounted his feelings of shock, anger, and frustration at last week's terrorist actions.

Mr. Ashe agreed that the terrorist acts were incomprehensible on American soil. He explained that September 17-23, 2001 was Constitution Week which marked 214 years of the Constitution. He reported on the Regional Issues Committee and a study on housing issues in the state. The study concluded that disabled and elderly people have unmet housing needs, and only a small supply of homes, which are in poor condition, are available to low-income residents. He mentioned the Governor's recent order requiring sprinkler systems in all government buildings to be checked.

Mrs. Noll asserted that Americans' lives will never be the same after the terrorist attack. She expressed appreciation to the citizens involved in the Friday evening candlelight vigil held at the Victory monument. She encouraged citizens to read an editorial article in the Daily Press regarding the attack written by a County resident.

Chairman Burgett stated the tragic event hurt everyone and had everyone concerned about the future. He stated that he had attended a luncheon for the York County Volunteer Association (YCVA), and he elaborated on its many contributions to the community. He praised the volunteers for their 19,000 hours of volunteer time. He then announced a blood drive sponsored by the York County Business Association (YCBA) and the Red Cross to be held on September 24 at the Caritas Center. Chairman Burgett announced the redistricting meeting for his district would be on September 20 at Grafton-Bethel Elementary School. He also commented on the York County School Division Annual Report.

UNFINISHED BUSINESS

LAND DISTURBING ACTIVITY PERMITS

Mr. McReynolds explained that on July 17, 2001, the Board tabled proposed Ordinance No. 01-7 to amend Section 10-17 of the County Code relative to land disturbing activity permits to bring it into conformance with the State Code. He reminded the Board that it had questions concerning adequate training and how the program would be tested. He stated the number of certificates issued statewide was 5,500.

Mr. Ashe expressed displeasure at state legislators for passing the regulation. He explained they required the certificate holder to spend eight hours a day on the job. He understood the requirements for large developments but not for individuals, and he stated he understood the Board had no choice but to move forward with it.

Mr. Wiggins stated he agreed with Mr. Ashe but noted he also understood there was no choice but to comply with the state law.

Mrs. Noll then moved the adoption of proposed Ordinance No. 01-7 which reads:

AN ORDINANCE AMENDING SECTION 10-16, YORK COUNTY CODE, RELATIVE TO THE APPROVAL OF APPLICATIONS FOR LAND DISTURBING ACTIVITY PERMITS TO BRING IT INTO CONFORMANCE WITH THE CODE OF VIRGINIA

BE IT ORDAINED by the York County Board of Supervisors, this 18th day of September, 2001, that section 10-16, York County Code, be and it is hereby amended by adding new sub-section (d) as follows:

Sec. 10-16. Approval, disapproval or modification of plans and variances.

* * *

(d) As a prerequisite to approval of an application, the person responsible for implementing the erosion and sediment control plan shall provide the name of an individual holding a certificate of competence issued by the Virginia Soil and Water Conservation Board pursuant to Code of Virginia § 10.1-561, who will be in charge of and responsible for carrying out the land disturbing activity.

On roll call the vote was:

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

CONSENT CALENDAR

Mrs. Noll moved that the Consent Calendar be approved as submitted, Item Nos. 6 and 7, respectively.

Mr. Wiggins stated that Crossroads was a wonderful project and noted the County was using the plan that Hampton has at its facility. He questioned the $60,000 architectural fees and asked if they were repaying Hampton for the original design.

Mrs. Smith explained the $60,000 figure included a construction management component and the architectural cost for redesign of a couple of features of the interior. She stated the City of Hampton had graciously allowed its plans to be used by the County at no charge.

On roll call on Mrs. Noll's motion to approve the Consent Calendar, the vote was:

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

Thereupon, the following minutes were approved and resolutions adopted:

Item No. 6. APPROVAL OF MINUTES

The minutes of the following meetings of the York County Board of Supervisors were approved:

August 21, 2001, Regular Meeting

Item No. 7. CROSROADS COMMUNITY YOUTH HOME/ARCHITECTURAL SERVICES: Resolution R01-128.

A RESOLUTION TO AUTHORIZE ARCHITECTURAL SERVICES FOR CROSSROADS COMMUNITY YOUTH HOME

WHEREAS, York County is both a member and the managing jurisdiction of the Colonial Group Home Commission; and

WHEREAS, York and the City of Williamsburg and the Counties of Gloucester and James City, as member jurisdictions of the Colonial Group Home Commission, own Crossroads Community Youth Home as tenants-in-common; and

WHEREAS, there is a critical need to replace Crossroads with a facility that is in good condition and appropriately designed for such operations; and

WHEREAS, the City of Hampton has agreed to allow the use of plans by which a similar facility was constructed and the architect, DJG, has agreed to site-adapt those plans for a new Crossroads facility and to undertake the necessary preparation of materials which must be submitted to the Virginia Department of Juvenile Justice in order to secure some funding from the Commonwealth for this project; and

WHEREAS, DJG is currently under contract to the County for architectural services, the necessary funds for the cost of this work are in the project budget and the Colonial Group Home Commission concurs;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 18th day of September, 2001, that the County Administrator be, and he hereby is, authorized to take all actions necessary to secure design and construction management services in the amount of $60,344 from DJG for the purpose of site-adapting plans loaned by the City of Hampton for the Crossroads Community Youth Home project.

BE IT FURTHER RESOLVED that these costs are to be paid from the Crossroads Project budget of the Colonial Group Home Commission accounts.

NEW BUSINESS

JOINT WATERFRONT DEVELOPMENT AGREEMENT AND CONVEYANCE OF FREIGHT SHED BUILDING

Mr. Barnett made a presentation on proposed Resolution R01-155 authorizing the execution of a joint agreement with the Yorktown Trustees relative to the use of historic building renovation tax credits, and proposed Resolution R01-156 authorizing the execution of an agreement and deed confirming reversion of title to the Yorktown waterfront freight shed building to the Yorktown Trustees, and conveying title thereto the York County Board of Supervisors.

Mr. Ashe inquired about some of the language in the agreement indicating it would cost considerably less to reconstruct the building rather than have it moved. He asked the cost of the move.

Mr. Robert Kraus, Executive Director for Yorktown Revitalization, explained the language was included in the document in the event the building was not able to be moved or if the building was damaged beyond repair during the move. He stated the agreement with the National Park Service obligates the County to try and move the building. He indicated he did not have a firm number for the cost of the move, but the County had budgeted in excess of $500,000 to move the building.

Mr. Ashe noted if the building was an 18th century building, he would be more inclined to spend that kind of money. He stated he felt it was ridiculous to spend this kind of money on a building built in the 1930s. He also felt the taxpaying citizens should know these were some of the laws that they have to deal with.

Mr. Barnett explained the National Park Service acquired a piece of land from the Trustees around 1935-37 with a reverter clause stating if the Park Service ever ceased to use it for park purposes or postal service purposes, the title would revert to the Trustees. This building was built after this time. As long as the National Park Service retains some use of the property, it retains title to the freight shed building and to that square of land.

Mrs. Noll moved the adoption of proposed Resolution R01-155 which reads:

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THAT CERTAIN JOINT AGREEMENT DATED MAY 7, 2001, WITH THE YORKTOWN TRUSTEES, RELATIVE TO THE USE OF HISTORIC BUILDING RENOVATION TAX CREDITS

WHEREAS, by Resolution R01-89, the Board authorized the execution of a joint agreement between the York County Board of Supervisors and the Trustees of the Town of York relative to the use, management, maintenance and development of the Yorktown waterfront; and

WHEREAS, the Board of Supervisors and the Trustees of the Town of York each desire to amend paragraphs 6 (B) and 10 (D) of said agreement in order to authorize the County to retain title to the building known as the Freight Shed building for a period of time up to 45 years if required in order to enable the County to utilize certain state and federal historic building renovation tax credits for the costs of moving and renovating the building; and

WHEREAS, the Trustees of the Town of York, by a resolution adopted at their meeting of August 16, 2001, approved said amendments to the subject agreement, such modification subject to approval by this Board; and

WHEREAS, it is in the public's interest that the joint agreement be so modified;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors, this 18th day of September, 2001, that the Chairman and the County Administrator, or either of them, be and they hereby are authorized to execute the amended joint agreement approved by the Yorktown Trustees on August 16, 2001, and attached to a memorandum to the Board from the County Attorney dated September 4, 2001, such amended agreement to be approved as to form by the County Attorney.

On roll call the vote was:

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

Mrs. Noll moved the adoption of proposed Resolution R01-156 which reads:

A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT AND DEED CONFIRMING REVERSION OF TITLE TO THE YORKTOWN WATERFRONT FREIGHT SHED BUILDING TO THE YORKTOWN TRUSTEES, AND CONVEYING TITLE THERETO TO THE YORK COUNTY BOARD OF SUPERVISORS

WHEREAS, by a certain joint agreement dated May 7, 2001, and further modified as authorized by a resolution of this date adopted by the York County Board of Supervisors, the Trustees of the Town of York agreed to convey to the County title to a certain building located on the Yorktown waterfront and known as the Freight Shed building; and

WHEREAS, by virtue of a certain deed dated August 28, 1934, amended by an instrument dated August 1, 1957, both recorded among the York County land records, title to the said building was conveyed to the United States government subject to reversion to the Trustees upon a cessation of use by the United States; and

WHEREAS, the United States, the Trustees, and the County, desire that title to the said building shall be released by the United States to the Yorktown Trustees, and conveyed by the Trustees to the County, subject to such terms and conditions regarding the relocation and renovation of the building as have been negotiated between the parties;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors, this 18th day of September, 2001, that the Chairman and the County Administrator, or either of them, be and they hereby are, authorized to execute an agreement and deed confirming reversion of title to the said building to the Yorktown Trustees, and thereafter conveying title to the building to the County of York, subject to certain conditions set out therein relative to the relocation and renovation of the building, such agreement and deed to be approved as to form by the County Attorney.

On roll call the vote was:

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

SCHOOL BONDS (Not on Agenda)

Mr. McReynolds made a presentation on proposed Resolution R01-175 to authorize the issuance and sale of general obligation refunding school bonds to refund a 1994 school bond issue. He and staff met with the bond counsel, and a savings of approximately $60,000 from refinancing is expected. The refinance will need to go before the Virginia Public School Authority for authorization. In order to meet a schedule and have the consent of the Virginia Public School Authority, he asked that the Board consider this issue at this time.

Mr. Zaremba expressed his frustration to receive the late material on bonds and found it difficult to read such voluminous paperwork in such a small timeframe. He felt the Board needed more time to digest the information.

Mr. McReynolds explained the County's bond counsel was not aware of the requirement to have the Virginia Public School Authority consent. He acknowledged the document was lengthy, but explained that most of it was in a legally prescribed format.

Mrs. Noll then moved the adoption of proposed Resolution R01-175 which reads:

On roll call the vote was:

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

CLOSED MEETING. At p.m. 10:06 p.m. Mr. Wiggins moved that the meeting be convened 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:

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

Meeting Reconvened. At 10:18 p.m. the meeting was reconvened in open session by order of the Chair.

Mr. Zaremba moved the adoption of proposed Resolution SR-1 that reads:

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

WHEREAS, the York County Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and

WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the York County Board of Supervisors that such closed meeting was conducted in conformity with Virginia law;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 18th 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) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)

Meeting Adjourned. At 10:22 p.m. Chairman Burgett declared the meeting adjourned to 6:00 p.m., Tuesday, September 25, 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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