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Adjourned Meeting
February 12, 2002
6:00 p.m.
Meeting Convened. An Adjourned Meeting of the York County Board
of Supervisors was called to order at 6:03 p.m., Tuesday, February 12,
2002, in the East Room, York Hall, by Chairman Donald E. Wiggins.
Attendance. The following members of the Board of
Supervisors were present: Walter C. Zaremba, Sheila S. Noll, Donald E.
Wiggins, James S. Burgett, and Thomas G. Shepperd.
Also in attendance were James O. McReynolds, County Administrator;
and James E. Barnett, County Attorney.
SALE OF BP AMOCO (Not on Agenda)
Chairman Wiggins announced that the Yorktown BP Amoco Refinery had
been sold to Giant Industries, Inc. He stated he and Mr. Burgett had met
with Giant's officials, and none of the current employees will be laid
off as a result of the sale, and it will be business as usual.
WORK SESSION
LAND USE PROGRAM
Chairman Wiggins noted that Mr. Shepperd had requested that this
topic be brought to a work session. He indicated all of the Board
members spent many hours investigating the subject, and he found he was
not aware of all the implications of the Land Use Program.
Mr. McReynolds made a brief presentation explaining the purpose of
the Land Use Program and its components. He stated the Code of Virginia
permits localities with a Comprehensive Plan to provide for special
assessments based on use value rather than market value. The four
categories that are permitted are agriculture, forestry, horticulture,
and open space; and York County has eliminated open space and forestry
from its program. He stated the program is intended to encourage
preservation and proper use of real estate, conserve natural resources,
and relieve the pressure on a property owner to sell and/or develop
their property. Mr. McReynolds then discussed the pros and cons of the
program pertaining to York County as follows:
Pros:
· Reestablishing forestry and open space could help owners
"afford" to keep land and discourage development. If such
land is zoned residential, this supports growth management policies.
· Making it economically feasible for owners to hold land in
forestry and open space use, even if temporary, helps to promote
objectives of open space and natural area preservation.
Cons:
· Reestablishment could result in a revenue loss of about
$598,000 based on 2002 assessments of potentially eligible properties.
· 81 percent of the estimated benefit would accrue to about
seven corporate/commercial entities. As such, there would be a subsidy
by the majority of County residents to benefit very few.
· A large portion of the potentially eligible forestry land is
zoned for commercial use, and discouraging its development is counter
to economic development objectives.
· Market forces and demand play a much greater role than ownership in
when land will develop. Availability of the land use program does not
guarantee property will not develop when market forces dictate.
· Land use is not an effective tool for long-term preservation
of forest land or open space, but instead is merely an opportunity for
a few landowners to defer, and after five years avoid, tax liability
on property that will inevitably develop for the purposes identified
in the Comprehensive Plan.
Mr. McReynolds then discussed why the previous Board decided to
eliminate the forestry and open space categories from the Land Use
Program, stating:
· The County has significant forest and open spaces that will
likely never be developed.
· A majority of the land in these categories is located in
prime areas zoned for economic development.
· A vast majority of the citizenry are providing subsidy to a
very few.
Discussion followed on the map provided for the Board's
information in delineating the areas in the County that are in the land
use program, and clarification was provided concerning information
contained in the County Administrator's memorandum.
Mr. Shepperd asked why it was important that, in terms of cost to
York County, 73 percent of the taxes saved went to major landowners.
Mr. McReynolds indicated it is because being in the Land Use
Program is not a deterrent to the major landowners to keep them from
developing their properties if the market is right to do so.
Mr. Zaremba stated he looked at it from the perspective that the
citizens of York County are paying $376,000 a year to subsidize this
program to the benefit of 15 landowners, and most of these 15 landowners
are very wealthy.
Mr. Burgett stated it was also fair to say that most of the 15
listed properties are for sale.
Mr. Shepperd stated he felt the information package provided to
the Board of Supervisors was very good and thorough, and he commended
the staff for the fine work. He stated he saw the issue coming down to
dollars, and $600,000 is a lot of money to the County. He indicated that
what bothers him is that there is a lot of conflict with the sense that
the Board wants to do something for the County, but the County also has
some goals that the Land Use Program conflicts with, one of them being
aggressive economic development. Mr. Shepperd stated he cares about how
he sees the County and where it is going, and this is where the
challenge lies. He stated he sees this issue as a reflection of the
Board's attitudes in shaping the County. He indicated he feels the Land
Use Plan is a good one, but it is just a plan which is modified over and
over again. Mr. Shepperd stated he feels the Board needs to take action
as soon as possible to control excessive growth, and it needs to control
the land rather than stop growth. He stated the $600,000 is the cost of
doing business; there is no way the Board can get control of the land
without a cost. The people in District 5 don't want to see the County
overdeveloped, and much of the land that would qualify for forestry is
in an Economic Development area. He stated the program does not mandate
the landowners to be in the program. The County is giving them the
opportunity to participate, and it gives a more steady approach to
control growth in the County. Mr. Shepperd stated the Board says in its
Land Use Plan that it cares about the environment and how it is used in
York County. He proposed that the Board approach its state
representatives and have them change the law to make it more inclusive
to owners of smaller parcels. He also proposed that the Board ask staff
to create a resolution to carry to a public hearing addressing the issue
of adding all four categories to the County's Land Use Program.
Mr. Zaremba indicated he had mixed emotions on the subject, noting
that when it first came up he voted "No" when the Board wanted
to do away with the open space and forestry categories. Since that time
he noted he had had the benefit of a superb read-ahead package from the
staff that summarized the highlights of the program and its purpose. Mr.
Zaremba assured Mr. Shepperd and the citizens that each of the Board
members is very concerned about green space and preserving the natural
beauty of York County. He stated the issue of managed growth has been on
the table for many years, and many smart people have wrestled with the
issue, and the one sure thing is that development will occur whether the
Board likes it or not. The important fact is that it be good development
that takes place. He indicated the Board's better tool for good
development was through the County's zoning ordinance, that having
forestry and open space categories in the Land Use Program simply
delayed the time when a landowner would sell his property. Mr. Zaremba
noted that those landowners who wish to conserve their properties can
convey conservation easements to the County or to the Conservancy which
truly wants to preserve the land from development. He indicated that
looking at the issue objectively he had a problem with giving the large
landowner a tax break when the landowner is going to sell when the
market is right. He also noted the Board of Supervisors has the
opportunity to purchase properties to preserve them as it has done in
Yorktown. Mr. Zaremba stated he did not feel it necessary to go to the
public to ask them to tell the Board how to do its job when it is so
obvious what needs to be done.
Mrs. Noll agreed with Mr. Zaremba, stating the conservation
easement is an excellent way to go if a property owner is sincere about
wanting to conserve his property from development.
Mr. Burgett stated there were many statements made by Mr. Shepperd
that are already on the books. He stated the growth in York County is
capped at 80,000, down from the original 135,000. He indicated he did
not feel there are that many parcels in District 5 that would qualify
for the Land Use Program. He stated Mr. Zaremba made a very valid point
in that if these landowners are serious about preserving their
properties, they need to make a commitment. He indicated the Land Use
Program does not affect development-the market will drive development.
Mr. Burgett stated he felt the Board was on the right track, and the
actions already in place will protect the environment.
Chairman Wiggins stated he was in Mr. Zaremba's corner when the
previous Board removed open space and forestry from the program; but he
didn't have the information the Board had, and he has since changed his
mind. He stated the County is blessed with so much green area and 207
miles of waterfront. He noted the importance of getting sewer to the
waterfront properties so that the waterways will not become polluted.
YORK HALL USE AND FURNISHING
Mr. McReynolds stated the staff has continued to pursue uses and
activities for York Hall, and Mr. Carter would provide the Board with
information on a new proposal by the Celebrate Yorktown Committee.
Mr. J. Mark Carter, Planning and Zoning Manager, stated the staff
was very excited about the Celebrate Yorktown Committee (CYC) and its
ideas for the use of the Gallery space in York Hall. He stated the
Committee would like to do the same type of art display they did at
Christmas but on a recurring basis. The Committee's proposal is to
coordinate the recruitment of artists and staff the Gallery with
volunteers to oversee their art displays and activities while
maintaining
the County's ability to conduct receptions and such as it has in the
past. Staff sees this not only as a potential visitor attraction, but
also as an opportunity to address the staffing issue in implementing
some of the other plans that have been proposed for York Hall use. Mr.
Carter stated it would also be a good time to move forward with the Gift
Shop Sampler with the CYC overseeing the activities. He stated it was a
very positive visitor opportunity for this end of Main Street.
Mrs. Noll expressed her delight with this opportunity to open up
the Gallery to visitors. She asked if Mr. Carter was planning on
discussing with the Board the designs he placed in the Board's briefing
paper.
Mr. Carter stated he would like to talk about the Gift Shop
Sampler area, and indicated the CYC proposal would allow the visitor
information activity to be located out of the entrance area. He stated
if the CYC oversees the activity, the County can accomplish everything
in the Gift Shop area. Mr. Carter proposed that staff move forward with
plans for the Gift Shop Sampler and the art gallery proposal and look at
the information desk proposal at a later time if demand warrants it.
Mr. Burgett asked about being in competition with Nancy Thomas, On
the Hill, and the Watermen's Museum, as well as the plans for cleanup
and utilities for the building.
Mr. Carter stated this would be a County operation of the art
gallery with the CYC volunteering to staff it and organize it. In that
respect, staff did not look at it as competing with other businesses in
town but instead as providing another visitor attraction.
Mr. Burgett stated if Sharon Owen was in charge of the activity,
it will make money. He stated she is outstanding at this sort of
function. He then asked if there will be any offset-will the money from
this fund other things.
Mr. Carter indicated the CYC is a committee of the Yorktown
Foundation, and by charter the Foundation's mission is to do things that
promote Yorktown and put the money back into activities in Yorktown.
Mr. Zaremba asked what the cost to the County will be on this
project.
Mr. Carter stated for the Gallery space the cost would be a
telephone and some sort of portable display system that needs to be
designed. The Gift Shop Sampler cost is approximately $27,000 to be
funded through the Tourism/Lodging tax. He displayed for the Board a
conceptual drawing for the Gift Shop Sampler.
Discussion followed on activities to take place in the Gallery
under the CYC proposal.
Mr. Zaremba reminded the Board that about four years ago about
$2.5 million was put into York Hall to refurbish it, and as construction
took place the citizens were surveyed in terms of what they wanted to
see happen with the building and how it would be used. The results
suggested that the building should also be used for cultural events and
events that would bring a lot of life to the building for the citizens
and the tourists. Since that time there has been virtually no other use
of the building other than use by the boards and commissions of the
County who meet here. He questioned whether or not the CYC will be able
to sustain such an activity during the year. He asked that the CYC keep
records as to the traffic the activity draws. Mr. Zaremba applauded the
effort of the CYC to undertake this endeavor.
Mrs. Anne B. Smith, Director of Community Services, indicated this
activity is one piece of a program that is evolving. She noted there
wouldn't be any traffic in the building on some days, but as the
activity grows it will be successful. She stated she feels there are
small performances that could take place in the building, and the Board
has agreed to add an Events Coordinator to the staff. Mrs. Smith stated
that staff position is expected to work with the CYC and pursue other
opportunities to develop activities for York Hall.
Mr. Shepperd asked where the funding was coming from for this
activity.
Mr. Carter noted the funding will come from the 3 increment
percent of the 5 percent lodging tax that has to be used for tourism or
tourism-related activities.
Mr. Shepperd asked what happens if the County doesn't use the
money.
Mr. Carter indicated it stays in the bank-it cannot be used for
any other purpose.
Mr. Shepperd noted he asked these questions to make sure the
citizens understand about the 3 percent of the lodging tax that has to
be used for tourism purposes. He stated he feels the CYC proposal and
the Gift Shop Sampler are a great use for this funding.
Chairman Wiggins expressed his full agreement with Mr. Shepperd.
Mr. Carter noted that the proposal calls for the building to be
open six days a week, with Mon-day as the off day. On the other days, he
stated the CYC thinks its has enough interest with artists to have
rotating exhibits over the course of six months that they already have
commitments for. He stated there would be new exhibits to see on a
regular basis. He stated the CYC also just informed him that they have
lined up a story teller for April 28 to present a program in the
upstairs meeting room.
Mr. Zaremba stated there must be some incentive for an artist to
bring his work to York Hall, and he asked if the artists could sell
their work.
Mr. Carter stated the main incentive for the artist is exposure
for his work. The CYC would conduct a transaction for an artist if
someone wished to purchase a piece of artwork on display; whether that
would involve any kind of donation to the CYC would be between the CYC
and the artist. Mr. Carter further stated that the Gift Shop Sampler is
not a gift shop. It is a static display that will feature examples from
Yorktown shops and businesses.
By unanimous consensus, the Board directed staff to proceed with
the Celebrate Yorktown Committee proposal and the plans for the Gift
Shop Sampler.
Mr. Carter stated there was one other issue dealing with York
Hall, and that was its furnishing. He stated that at the present time
when an event takes place in the Gallery, any tables and chairs needed
have to be rented. He stated that staff was seeking the Board's
permission to expend $7,000 out of the Contingency Reserve to purchase
tables and chairs to furnish the Gallery.
Mr. Zaremba asked staff to insure that whatever is purchased is
impervious to food and drink spills.
By unanimous consensus, the Board approved the expenditure of
$7,000 from the Contingency Reserve for the purchase of tables and
chairs for the Gallery in York Hall.
SEWER RATES
Mr. McReynolds stated that at a previous meeting the Board
indicated it would like staff to look at a way of transitioning the
increase in the sewer rates so as not to coincide with the years the
property assessments take place.
Mr. John Hudgins, Director of Environmental and Development
Services, made a brief presentation stating that on December 11 when
staff briefed the Board on the Utilities Capital Plan, the Board asked
staff to look at a three-year revenue plan to get the County on the
off-year from the assessments. He discussed the model elements used in
determining the projected rate, and staff came up with the proposed rate
of $34.50. He stated the current rate is $31.50 which was established in
1993. Mr. Hudgins stated that during the briefing in December, the
anticipated rate was $33.50, with a step up to $35.00 in 2004-5. He
indicated if the County starts at $34.50 in July of 2002, the funding
will carry the program through with no anticipated increases for
several years.
Mr. Shepperd stated that in terms of today's dollars, the $34.50
rate is actually a better deal than in 1993. He stated he felt it was a
very fair rate.
Mr. Zaremba asked if back in 1993 there was a surplus generated
and, if so, at what year did the gap close where it became a deficit.
Mr. McReynolds explained that the rate review has taken place each
year, and last year staff came up with something slightly over $31.50.
He stated it wasn't far enough over to justify a rate increase at that
time. He spoke of the factors impacting on the rate such as the County
used to have a much smaller system with fewer users. As the County has
added users, it has become more efficient, which is why the County has
been able to maintain the current rate. Now an increase is needed; and
rather than doing it in $.50 increments, the average of $34.50 will
carry the county through several years.
Discussion followed concerning maintenance costs for the County's
water system.
By consensus, the Board directed staff to proceed with the $34.50
sewer rate.
CLOSED MEETING. At 7:20 p.m. Mr. Zaremba moved that the Board
convene in Closed Meeting pursuant to Section 2.2-37ll(a) of the Code
of Virginia pertaining to appointments to Boards and Commissions.
On roll call, the vote was:
Yea: (5) Zaremba, Noll, Burgett, Shepperd, Wiggins
Nay: (0)
Meeting Reconvened. At 7:45 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 SESSION
WHEREAS, the York County Board of Supervisors has convened a
closed meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of the Virginia Freedom of Information
Act; and
WHEREAS, Section 2.2-3711 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 12th day of February, 2002, hereby certifies that,
to the best of each member's knowledge, (1) only public business matters
lawfully exempted from open meeting requirements by Virginia law were
discussed in the closed meeting to which this certification resolution
applies, and (2) only such public business matters as were identified in
the motion convening the closed meeting were heard, discussed, or
considered by the York County Board of Supervisors.
On roll call, the vote was:
Yea: (5) Noll, Burgett, Shepperd, Zaremba, Wiggins
Nay: (0)
RECOMMENDATIONS FOR APPOINTMENTS TO THE YORK COUNTY BOARD OF
EQUALIZATION
Mr. Shepperd moved the adoption of proposed Resolution R02-42 that
reads:
A RESOLUTION REQUESTING THE JUDGE OF THE CIRCUIT COURT TO APPOINT
TWO MEMBERS TO THE YORK COUNTY BOARD OF EQUALIZATION
WHEREAS, the term of Donald J. Keenan as a member of the York
County Board of Equalization will expire on March 31, 2002, and he is
eligible and willing for reappointment; and
WHEREAS, Mr. Jeffrey C. Trimble, who was appointed June 21, 2001,
has resigned his position, thereby creating a vacancy on the board;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 12th day of February, 2002, that the Judge of the
Circuit Court be, and he is hereby, requested to reappoint Donald J.
Keenan to the York County Board of Equalization of Real Estate
Assessments as provided by Section 58.1-3373 of the Code of Virginia for
a term of three years, such term to commence April 1, 2002, and expire
March 31, 2005.
BE IT FURTHER RESOLVED that Henry J. Bryan, III, be, and hereby
is, recommended to fill the unexpired term of Jeffrey C. Trimble on the
York County Board of Equalization of Real Estate Assessments, such term
to commence immediately and expire March 31, 2004.
On roll call, the vote was:
Yea: (5) Burgett, Shepperd, Zaremba, Noll, Wiggins
Nay: (0)
Meeting Adjourned. At 7:49 p.m. Mr. Zaremba moved that the meeting
be adjourned to 5:30 p.m., Tuesday, February 19, 2002, in the Kiva, York
High School, for the purpose of conducting a joint meeting with the York
County School Board.
On roll call, the vote was:
Yea: (5) Shepperd, Zaremba, Noll, Burgett, Wiggins
Nay: (0)
___________________________
_______________________________
James O. McReynolds, Clerk
Donald E. Wiggins, Chairman
York County Board of Supervisors
York County Board of Supervisors
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