BOS Minutes 02/12/02 Adjourned Meeting

Regular Meeting
January 21, 2003

7:00 P.M.

Meeting Convened. A Regular Meeting of the York County Board of Supervisors was called to order at 7:01 p.m., Tuesday, January 21, 2002, 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 Thomas G. Shepperd.

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

Invocation. Deacon Terry Manning of Rising Sun Baptist Church gave the invocation.

Pledge of Allegiance to the Flag of the United States of America. Chairman Burgett led the Pledge of Allegiance.

HIGHWAY MATTERS

Mr. Steve Hicks, Resident Engineer, Virginia Department of Transportation (VDOT), appeared to discuss highway matters of interest to the Board of Supervisors. He handed out information to the Board to help citizens and the Board identify those road areas in need. A meeting will be scheduled later to address the constant requests from citizens. He reported that the Coleman Bridge had technical difficulties, and that it would be closed on Sunday from 7:00 a.m. – 12:00 p.m. for minor repairs and preventative maintenance. He reported the National Park Service Bridge will undergo repairs in February with completion scheduled for June. He thanked Mr. Wiggins and the Board for their involvement with the drainage studies. He mentioned a meeting had been scheduled to expedite the Route 17 and Route 134 left-turn lane extensions. He reported that the stop sign at Sonshine Way had now been installed and that VDOT was looking at ways to widen Dogwood Road at the Route 238 intersection. He stated the land use permit had been issued to proceed with the drainage work on Wildey Road, and that the potholes on Royal Grant and Queen Anne had been repaired. There is a contact person for the Shady Banks Shopping Center, and he noted he would get with Mrs. Noll on the First Street matter later. Mr. Hicks told Chairman Burgett he had looked at the Route 17 turn lane in front of Wal-Mart and stated he was unsure of how to proceed at this time, but that he will have the traffic engineering department become involved in discussions. He stated that the drainage problems on Route 17, across from York Crossing Drive, and in the Mansion Road area have now been remedied.

Mr. Wiggins thanked both Mr. Hicks and Tim Morrison for the work they’ve done with County staff and the Board. He asked Mr. Hicks about Edgehill and VDOT’s plan in 2001 to repave the roads. He stated that Harris Grove Lane, Laurel Path and Azalea Drive had never received paving. He also stated that the intersection of Route 17 and Denbigh Boulevard was problematic due to traffic congestion during rush hour. He suggested that another left-turn lane be installed.

Mr. Hicks stated he had observed that intersection, and he intends to have a dual left-turn lane installed once funding to widen Route 17 had been identified. He stated he has already conversed with traffic engineering regarding the new lane and hopes to have it completed within three to six months.

Mrs. Noll expressed her gratitude to Mr. Hicks for his cooperation.

Mr. Zaremba thanked Mr. Hicks for the quick response to repairs on Royal Grant Drive. He asked that Mr. Hicks contact him to arrange a time they could visit Holcomb Drive in the Queens Lake area. He stated the pavement had washed away where a culvert or drainage pipe is not draining properly.

Mr. Shepperd also expressed his appreciation to Mr. Hicks for his involvement and stated he would discuss his transportation issues later in the meeting during Matters Presented by the Board. Mr. Shepperd asked Mr. Hicks how he received email requests from citizens.

Mr. Hicks explained that citizens can go to the VDOT web page, type in his name, and his email address will pop up. He stated that the department will soon be providing an information tool called a "Dashboard" that will give the status of all projects in the Williamsburg residency. The projects listed on the Dashboard will also offer his email address.

Chairman Burgett complimented Mr. Hicks on his residency and thanked him for adding Carraway Terrace to the paving schedule this year.

PRESENTATIONS

EMPLOYEE RECOGNITION PROGRAM

Chairman Burgett congratulated Mr. Larry Perdue for having attained 20 years of service with the County. He then presented Mr. Perdue with a 20-year service pin and certificate.

HAMPTON ROADS PLANNING DISTRICT COMMISSION

Mr. John Carlock, a representative from the Hampton Roads Planning District Commission, provided a visual presentation on the Phase II Stormwater Management requirements. Some of the topics of the presentation included Regional Program History, Regional Stormwater Management Program Goals, Program Components, and Legal Requirements. He reported that seven localities are participating in developing a consistent program across the region

Mr. Zaremba asked about costs and how they will affect localities

Mr. Carlock pointed out the cost effectiveness of localities joining forces together, rather than trying to accomplish costly projects on their own.

Mr. Wiggins noted that York County was very cognizant of drainage problems and, as a result, had formed a drainage committee.

CITIZENS COMMENT PERIOD

Mr. Joseph Smith, 594 Taliferro Road, appeared to explain problems he had concerning his property and the arrears on his real estate taxes.

Chairman Burgett directed Mr. Smith to the County Attorney for help.

Mr. John Holston, 105 York Point Road, appeared to thank the Board, Mr. Wiggins, Tim Morrison, and Jim Brewer for help in correcting the drainage problems at his home. He then described some of the horrible flooding problems he had experienced.

Recess: At 7:52 p.m. Chairman Burgett declared a short recess.

Reconvene: At 8:01 p.m. the meeting was reconvened in open session by order of the Chair.

PUBLIC HEARINGS

APPLICATION NO. ZT-70-02, GROUP HOMES, YORK COUNTY PLANNING COMMISSION

Mr. Mark Carter, Planning and Zoning Manager, made a presentation on Application No. ZT-70-02 to amend the York County Code to revise the definition and use regulations applicable to group homes, to create a definition and listing for transitional home, and to revise the definition of family. 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 Ordinance No. 03-2.

Mr. Zaremba questioned the use of the word ‘temporary’ in the County Administrator’s memo.

Mr. Carter explained that the term was intentionally not defined because the needs of the citizens vary so much, it would be difficult to say what time period would be best for each person.

Mr. Shepperd asked what the difference was in what was being described and a homeless shelter.

Mr. Carter stated that the homeless shelter could fit under the transitional home definition.

Discussion ensued regarding the proposed ordinance.

Chairman Burgett called to order a public hearing on Application No. ZT-70-02 that was duly advertised as required by law. Proposed Ordinance No. 03-2 is entitled:

AN ORDINANCE TO APPROVE APPLICATION NO. ZT-70-02, WHICH PROPOSES AMENDMENT OF THE YORK COUNTY ZONING ORDINANCE (CHAPTER 24.1, YORK COUNTY CODE) TO REVISE THE DEFINITION AND USE REGULATIONS APPLICABLE TO GROUP HOMES, TO CREATE A DEFINITION AND LISTING FOR TRANSITIONAL HOME, AND TO REVISE THE DEFINITION OF FAMILY

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

Mr. Zaremba then moved the adoption of proposed Ordinance 03-2 which reads:

WHEREAS, in accordance with Section 24.1-302 of the Zoning Ordinance, the Zoning Administrator has evaluated a proposal for a group living facility and has determined that the use is one "not provided for," thereby causing the proposal to be forwarded to the Planning Commission for consideration; and

WHEREAS, the Planning Commission sponsored this application to allow consideration of amendments to expand the definition of "group home" to include opportunities for occupancy by residents who are not necessarily "handicapped," as is the current requirement; and,

WHEREAS, the Planning Commission has considered the proposed amendments in accordance with standard procedures and has recommended approval; and

WHEREAS, the Board has considered the proposed amendments at a duly advertised public hearing and has determined that it would be appropriate to approve the proposed amendments in order to ensure consistency with the Code of Virginia and to expand occupant eligibility criteria for such facilities.

NOW, THEREFORE, BE IT ORDAINED by the York County Board of Supervisors this the 21^st day of January, 2003 that it does hereby approve the following amendments to Chapter 24.1, Zoning, of the York County Code:

Amend Section 24.1-104, Definitions, as follows:

***

Family. An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of not more than four (4) unrelated persons, occupying a single dwelling unit. For purposes of single-family residential occupancy, the term also shall be deemed to encompass the residents of group homes or other residential facilities, as defined in Section 15.2-2291 of the Code of Virginia, which are licensed by the department of mental health, mental retardation and substance abuse services or the department of social services and which are occupied by not more than eight (8) mentally ill, mentally retarded, developmentally disabled, aged, infirm or disabled persons together with one (1) or more resident counselors. Mental illness and developmental disability does not include current illegal use of or addiction to a controlled substance as defined in section 54.1-3401, Code of Virginia.

***

Group home. A dwelling unit shared by more than four (4) unrelated handicapped persons, including resident staff, who live together as a single housekeeping unit in which staff persons provide or facilitate care, education, and participation in community activities for the residents with the primary goal of enabling persons who are handicapped, mentally ill or retarded, developmentally or physically disabled, or who because of age or physical infirmity, require the protection or assistance of a group setting, to live as independently as possible in order to reach their maximum potential. As used herein, the term "handicapped" shall mean having:

A physical or mental impairment that substantially limits one or more of a person's major life activities so that such person is incapable of living independently; or

A record of having such an impairment; or

Being regarded as having such an impairment.

"Handicapped" shall not, however, include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home" shall not include detention facilities operated under the standards of the Department of Juvenile Justice, nursing homes, alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration or where the residents are under the supervision of a court.

Transitional home. A dwelling unit, other than a group home, shared by more than four (4) unrelated persons, including resident staff, who live together temporarily as a single housekeeping unit, and in which staff persons provide or facilitate care, education, counseling and participation in community activities for the resident clients. The following and similar types of occupancy shall be considered to be transitional housing:

Temporary quarters for victims of physical or emotional abuse;

Temporary or emergency quarters for children or adults needing room and board and support services that would lead to self-sufficiency and permanent shelter.

The term "transitional home" shall not include detention facilities operated under the standards of the Department of Juvenile Justice, nursing homes, alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration or where the residents are under the supervision of a court.

***

Amend Section 24.1-306, Table of Land Uses, Category 1, as follows:

***

Sec, 24.1-306 Table of Land Uses

P=PERMITTED USE

S=PERMITTED BY SPECIAL USE PERMIT

RESIDENTIAL DISTRICTS

COMMERCIAL AND INDUSTRIAL DISTRICTS

R20

R13

RMF

WCI

USES

CATEGORY 1 - RESIDENTIAL USES

1. Residential – Conventional

a) Single-Family, Detached

b) Single-Family, Attached

• Duplex

• Townhouse

• Multiplex

c) Multi-Family

d) Manufactured Home (Permanent)

2. Residential (Cluster Techniques Open

Space Development)

a) Single-Family, Detached

b) Single-Family, Attached

• Duplex

3. Apartment Accessory to Single-Family

Detached

4. Manufactured Home Park

5. Boarding House

6. Tourist Home, Bed and Breakfast

7. Group Home (for more than 8 occupants)

8. Transitional Home

***

Amend Section 24.1-408, Standards for Group Homes (w/ more than 8 occupants) and Transitional Homes, as follows:

Sec. 24.1-408. Standards for group homes (w/ more than 8 occupants) and transitional homes.

(a) The maximum number of persons accommodated in any group home or transitional home shall not exceed twelve (12) exclusive of resident staff, provided however, that the board may specify a greater or lesser number in consideration of the density and character of the surrounding area and the characteristics of the site itself.

(b) The external appearance and arrangement of such facility shall be of a form and character which is compatible with the appearance and arrangement of other residential uses in the general area.

(c) All off-street parking and loading in excess of that required of single-family detached dwellings shall be located not less than twenty-five feet (25') from any residential property line and shall be effectively screened from view from adjacent residential properties by a Transitional Buffer Type 25.

(d) Such facility shall comply at all times with all applicable licensing requirements of the appropriate state regulatory agencies.

Such facility shall be under 24-hour/day care and supervision of a professional staff person (or persons), one or more of whom may also reside in the facility. The required professional qualifications of the supervisory staff shall be submitted for review as part of the zoning authorization process.

The facility may include and offer on-site counseling, education and training services for residents. However, such services may not be offered at the premises to non-residents.

The minimum lot size for such facility shall be based on the number of residents (exclusive of staff) proposed to be housed in the facility, as set forth below:

5 to 8 residents - Two (2) times the district minimum

9 to 12 residents - Three (3) times the district minimum

12 or more - Four (4) times the district minimum

(h) As part of the application for Special Use Permit approval, the applicant shall submit a detailed description of the types of clients proposed to be served by the facility, a statement outlining proposed admission requirements and procedures, a description of the proposed facility staffing, a description of programs and services to be available to the residents of the facility (e.g., counseling, training, transportation, etc.), an identification of the licensing agency(s) for the proposed facility, and a statement from the applicable licensing agency that the proposed facility would be eligible for such a license if use permit authorization is given by the County.

On roll call the vote was:

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

Application No. UP-611-03, Deanna and Dwight Newingham

Mr. Carter made a presentation on Application No. UP-611-03 for a Special Use Permit to authorize a real estate office as a home occupation within an existing single-family detached residence located at 218 Ryans Way and to authorize a non-resident employee. 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 R03-4. He stated that the Commission had proposed a two-year expiration for the non-resident employee, but staff suggested the Board consider extending that term to a longer period, perhaps five years.

Mr. Shepperd stated that the space in the home seemed to be adequate, but he was concerned that this would set a precedent.

Mr. Carter stated he did not feel a precedent was being set since any of the Special Use Permits could be looked at individually.

Chairman Burgett called to order a public hearing on Application No. UP-611-03 that was duly advertised as required by law. Proposed Resolution R03-4 is entitled:

A RESOLUTION TO APPROVE AN APPLICATION FOR A SPECIAL USE PERMIT TO AUTHORIZE A REAL ESTATE OFFICE AS A HOME OCCUPATION WITHIN AN EXISTING SINGLE-FAMILY DETACHED RESIDENCE LOCATED AT 218 RYANS WAY

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

Chairman Burgett stated that the subject property was in his neighborhood, and he suggested that the Board amend the proposed resolution to make the expiration term a five-year period with the stipulation that the employee be related.

Mr. Zaremba questioned the need to specify that the employee must be a relative.

Mr. Shepperd pointed out that a standard in the County would be set, and that generally there aren’t employees in a home occupation. He stated if they change the standard, they would change it not only for this business but for all others.

Mr. Carter stated that the proposed ordinance anticipated that Board might want to change that time limit.

Chairman Burgett stated that most Special Use Permits that come before the Board seem to have specific requirements attached to it. He was amenable to five years.

Mr. Zaremba asked if the five-year request was initiated by the applicant or staff.

Mr. Carter explained it was staff that felt a longer term would be appropriate and that staff had recommended to the Commission it be a five-year term, and the applicant concurred.

Mrs. Noll then moved the adoption of proposed Resolution R03-4(R) that reads:

A RESOLUTION TO APPROVE AN APPLICATION FOR A SPECIAL USE PERMIT TO AUTHORIZE A REAL ESTATE OFFICE AS A HOME OCCUPATION WITHIN AN EXISTING SINGLE-FAMILY DETACHED RESIDENCE LOCATED AT 218 RYANS WAY

WHEREAS, Deanna and Dwight Newingham have submitted Application No. UP-611-03, pursuant to Section 24.1-306 (Category 3, No. 2) of the York County Zoning Ordinance, to authorize a real estate office as a home occupation within a single-family detached dwelling located at 218 Ryans Way and further identified as Assessor’s Parcel No. 30-77-1; and

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

WHEREAS, the Board has given careful consideration to the public comments and Planning Commission recommendation with respect to this application;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 21^st day of January 2003, that Application No. UP-611-03 be, and it is hereby, approved to authorize a Special Use Permit pursuant to Section 24.1-306 (Category 3, No. 2) of the York County Zoning Ordinance, subject to the following conditions:

This use permit shall authorize the establishment of a real estate office as a home occupation in an existing single-family detached structure located at 218 Ryans Way and further identified as Assessor’s Parcel No. 30-77-1.

This use permit shall authorize the employment of no more than one (1) non-resident.

The real estate office shall not exceed 500 square feet in area.

The hours of operation for the real estate office shall be from 9:00 a.m. to 5:00 p.m., Monday through Friday.

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.

This home occupation shall be developed and operated in accordance with the standards set forth in Section 24.1-281, General requirements for home occupations, and Section 24.1-283, Home occupations permitted by special use permit, of the York County Zoning Ordinance.

The applicant is permitted to have one (1) non-resident employee for a period of five (5) years from the date of issuance. Nothing herein shall be construed to prevent the operator of the home occupation from renewing the permit to reflect the continued service of one (1) non-resident employee.

Street address numbers, not less than three inches (3") in height and of a durable and clearly visible material, shall be placed conspicuously on the existing wooden pole at the end of the applicant’s driveway and shall contain numbers of a contrasting color to the background on which they are mounted.

On roll call the vote was:

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

APPLICATION NO. UP-612-03, CARL & KAREN BERQUIST

Mr. Carter made a presentation on Application UP-612-03 for a Special Use Permit to authorize a detached accessory apartment at 469 Catesby Lane. 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 R03-5.

Mr. Zaremba questioned the enforcement to ensure that the subject property would not be rented out to non-family residents.

Mr. Carter stated that the code enforcement staff visits properties on a yearly basis, and the County also relies on the neighbors to report any violations that may be apparent.

Mr. Shepperd pointed out that this dwelling was a 900 square foot dwelling, or 72 percent of the main dwelling. He explained that that figure was well above what he had seen in the past for an accessory apartment.

Mr. Carter stated it was the largest percentage-wise request that had been processed in the County.

Mr. Shepperd stated he was confused over what the standards were for accessory apartments.

Discussion ensued over previously approved accessory apartments and lot sizes.

Mr. Carter reported that the Planning Commission would meet tomorrow evening to discuss the proposed text amendments dealing with accessory apartments.

Mr. Burgett expressed his concern over other applicants requesting to add such a dwelling on a smaller lot.

Mr. Carter stated the size of this request, relative to the lot, was looked at based on individual circumstances and settings.

Chairman Burgett stated he understood the need for citizens wanting the apartments for elderly parents and their children, and he shared his concern for applicants coming before the Board with requests for large accessory apartments. He stated the code needed to be worked out so that the apartments would conform to code. He stated this was a house, and the size of the lot was immaterial.

Chairman Burgett called to order a public hearing on Application No. UP-612-03 that was duly advertised as required by law. Proposed Resolution R03-5 is entitled:

A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE A DETACHED ACCESSORY APARTMENT AT 469 CATESBY LANE

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

Mrs. Noll stated she thought the 72 percent was too large.

Mr. Shepperd agreed that 72 percent was over the top, but stated he did not know what the standards were.

Mr. Zaremba stated he hoped that the Planning Commission would bring the Board a set of criteria so that once it is adopted they could stick to it. He pointed out that he did not want to be unfair to the applicant, considering the amount of accessory apartments that have been approved before.

Mr. Shepperd suggested that the loft be removed to eliminate 300 square feet, and to put it more in line with what has been discussed in the past.

Chairman Burgett suggested the issue should be tabled to give the applicant the option of removing the loft.

Mrs. Noll then moved to table Application No. UP-612-03.

On roll call the vote was:

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

AMENDMENT TO FY2003 BUDGET

Mr. McReynolds stated that in the late 1980’s the County issued bonds for the construction of new fire stations and for the acquisition of new equipment. These bonds will be paid off during the period of the proposed CIP, and this will provide additional funds which can be used to level fund the purchase of replacement equipment if approved by the Board of Supervisors.

Chairman Burgett inquired about the age of the ambulances, and the need for replacements.

Mr. Stephen Kopczynski, Fire Chief, explained that the ambulance for Seaford was acquired through grant funds. He stated the ambulance fleet was becoming increasingly active, and it was felt it would be best to include those two units in the replacement process at this point.

Mr. McReynolds explained that staff considered the age of the units, when they would need to be replaced, and they were so close to the threshold that staff felt it was best to go ahead and wrap it into one purchase to get the benefits of larger financing, yet fit within the confines of the CIP as currently approved.

Discussion ensued over replacing emergency vehicles.

Mrs. Noll mentioned the vehicle maintenance department and its plan to depreciate vehicles and put money aside for future purchases. She questioned why it has taken this length of time to do that.

Mr. McReynolds stated the County hasn’t been able to address replacements due to bond issues dating back to the late 1980’s. The bonds are now being paid off, and now is the time to discuss replacements.

Chairman Burgett called to order a public hearing on proposed Resolution R03-6 that was duly advertised as required by law and is entitled:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO PURCHASE FIRE AND LIFE SAFETY EQUIPMENT AND TO APPROPRIATE ADDITIONAL CAPITAL IMPROVEMENT FUNDS

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

Mr. Zaremba then moved the adoption of proposed Resolution R03-6 that reads:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO PURCHASE FIRE AND LIFE SAFETY EQUIPMENT AND TO APPROPRIATE ADDITIONAL CAPITAL IMPROVEMENT FUNDS

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 21^st day of January, 2003, that the County Administrator be, and hereby is, authorized to execute procurement arrangements for Fire and Life Safety Equipment, without further action by this Board, provided that all purchases do not exceed funds available for said purpose approved by the Board of Supervisors, as set forth in the (amended) Yorktown FY2003 CIP.

BE IT FURTHER RESOLVED that funds in the total amount of $1,945,000 be, and hereby are, appropriated in the County Capital Fund for the purchase of Fire and Life Safety equipment.

AMOUNT

Fire and Life Safety equipment $1,945,000

On roll call the vote was:

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

AMENDMENT TO YORK COUNTY CODE: DEFINITIONS

Mr. Barnett made a presentation on proposed Ordinance No. 03-1 to amend County Code Section 1-2 relative to the definition of "State Code" and to reenact and readopt County Code Sections 15-6 and 15-7 in their entirety so that fines resulting from certain traffic offenses can be paid to the County.

Chairman Burgett called to order a public hearing on proposed Ordinance 03-1 that was duly advertised as required by law and is entitled:

AN ORDINANCE TO AMEND COUNTY CODE SECTION 1-2 RELATIVE TO THE DEFINITION OF "STATE CODE" AND TO REENACT AND READOPT COUNTY CODE SECTIONS 15-6 AND 15-7 IN THEIR ENTIRETY

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

Mrs. Noll then moved the adoption of proposed Ordinance 03-1 that reads:

AN ORDINANCE TO AMEND COUNTY CODE SECTION 1-2 RELATIVE TO THE DEFINITION OF "STATE CODE" AND TO REENACT AND READOPT COUNTY CODE SECTIONS 15-6 AND 15-7 IN THEIR ENTIRETY

BE IT ORDAINED by the York County Board of Supervisors, this 21^st day of January, 2003, that section 1-2, York County Code, be and it is hereby amended to read and provide as follows:

Sec. 1-2. Definitions and rules of construction.

In the construction of this Code and of all ordinances, the following rules shall be observed, unless otherwise specifically provided or unless such construction would be inconsistent with the manifest intent of the board of supervisors.

Generally. The rules of construction given in sections 1-13.1 to 1-15, Code of Virginia, shall govern, so far as applicable, the construction of all words not defined in this section or elsewhere in this Code.

Board of Supervisors; board. Wherever the term "board of supervisors" or "board" is used, it shall be construed to mean the board of supervisors of the County of York.

Bond. When a bond is required, an undertaking in writing shall be sufficient.

Code. Wherever the term "Code" or "this Code" is used, without further qualification, it shall mean the Code of the County of York, Virginia, as designated in section 1-1.

Computation of time. Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given or such act is done shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.

County. The word "County" shall mean the County of York in the State of Virginia.

County Administrator. Whenever the term "county administrator" is used, it shall mean the county administrator or his designee.

Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.

Health department. The term "health department" shall mean the department of the public health of the county.

Health officer. The term "health officer" shall mean the legally designated health authority of the state board of health for the county or his authorized representative.

Joint authority. Words purporting to give authority to three (3) or more public officers or other persons shall be construed as giving such authority to a majority of such officers or other persons.

Month. The word "month" shall mean a calendar month.

Number. A word importing the singular number only may extend and be applied to several persons and things as well as to one person and things; and a word importing the plural number only may extend and be applied to one person or thing, as well as to several persons or things.

Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath.

Officers, board, etc. Whenever reference is made to a particular officer, department, board, commission or other agency, such reference shall be construed as if followed by the words "of the County of York, Virginia."

Official time standard. Whenever particular hours are referred to, the time applicable shall be official standard time or daylight savings time, whichever may be in current use in the county.

Or, and. "Or" may be read "and" and "and" may be read "or" if the sense requires it.

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety of the whole or a part of such building or land.

Person. The word "person" shall extend and be applied to associations, firms, partnerships and bodies politic and corporate as well as to individuals.

Preceding; following. The words "preceding" and "following" mean next before and next after, respectively.

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curb line, or the lateral lines of a roadway where there is no curb, and the adjacent property line intended for the use of pedestrians.

Signature or subscription includes a mark when a person cannot write.

State; commonwealth. The words "state" and "commonwealth" shall be construed as if the words "of Virginia" followed.

State Code and state regulations. References to the "State Code" or "Code of Virginia" shall mean the Code of Virginia, 1950, as amended. Whenever this code incorporates, by reference, any state statute or regulation into an ordinance, the corporation by reference shall include any future amendments to the referenced state statutes or regulations, unless contrary intent is specifically stated in the ordinance.

Street; highway; road. The words "street," "highway" and "road" shall include public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the county, and shall mean the entire width thereof between abutting property lines. Such words shall be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the board of supervisors.

Swear, sworn. The word "swear" or "sworn" shall be equivalent to the word "affirm" or "affirmed" in all cases in which, by law, an affirmation may be substituted for an oath.

Tense. Words used in the past or present tense include the future as well as the past and present.

Written or in writing shall be construed to include any representation of words, letters or figures, whether by writing or otherwise.

Year. The word "year" shall be construed to mean a calendar year; and the word "year" alone shall be equivalent to the expression "year of our Lord."

BE IT FURTHER ORDAINED by the York County Board of Supervisors that York County Code Sections 15-6 and 15-7 are hereby reenacted and readopted in their entirety as follows:

Sec. 15-6. Adoption of state law—Generally.

(a) Pursuant to the authority of section 46.2-1313, Code of Virginia as amended, all of the provisions and requirements of the laws of the state contained in title 46.2, Code of Virginia, as amended, except those provisions and requirements the violation of which constitutes a felony, and except those provisions and requirements which, by their very nature, can have no application to or within the county, are hereby adopted and incorporated in this chapter by reference and made applicable within the county. References to "highways of the state" contained in such provisions and requirements hereby adopted shall be deemed to refer to the streets, highways and other public ways within the county. For law enforcement purposes only, "highway" shall include all private roads, streets or other access ways located within any residential development containing one hundred (100) or more lots. Such provisions and requirements are hereby adopted and made a part of this chapter as fully as though set forth at length herein, and it shall be unlawful for any person within the county to violate or fail, neglect or refuse to comply with any provision of title 46.2, Code of Virginia, as amended, which is adopted by this section; provided, that in no event shall the penalty imposed for the violation of any provision or requirement hereby adopted exceed the penalty imposed for a similar offense under title 46.2, Code of Virginia, as amended.

(b) All definitions of words and phrases contained in the state law hereby adopted shall apply to such words and phrases, when used in this chapter, unless clearly indicated to the contrary.

Sec. 15-7. Driving while under influence of alcohol or drugs; adoption of state law.

Article 2 (section 18.2-266 et seq.) of chapter 7 of title 18.2, Code of Virginia, as amended, is hereby adopted and made a part of this chapter as fully as though set out at length herein. It shall be unlawful for any person within the county to violate or fail, neglect or refuse to comply with any section of the Code of Virginia as adopted by this section.

On roll call the vote was:

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

AMENDMENT TO YORK COUNTY CODE: ASSAULT AND BATTERY

Mr. Barnett made a presentation on proposed Ordinance No. 03-3 to amend County Code Section 16-16 "Assault and Battery" to bring in into conformance with State Code. He explained that the request came from the Commonwealth’s Attorney to parallel the County Code language to be in line with the revisions in the state code.

Mr. Shepperd pointed out that the proposed ordinance did not require school bus drivers as a security enforcement of the school.

Mr. Barnett stated he had copied the language from the state statute, and that the County could not go beyond the statute in that regard.

Chairman Burgett called to order a public hearing on proposed Ordinance No. 03-3 which was duly advertised as required by law and is entitled:

AN ORDINANCE TO AMEND COUNTY CODE SECTION 16-16 "ASSAULT AND BATTERY" TO BRING IT INTO CONFORMANCE WITH STATE CODE

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

Mrs. Noll then moved the adoption of proposed Ordinance No. 03-3 that reads:

AN ORDINANCE TO AMEND COUNTY CODE SECTION 16-16 "ASSAULT AND BATTERY" TO BRING IT INTO CONFORMANCE WITH STATE CODE

BE IT ORDAINED by the York County Board of Supervisors, this 21^st day of January, 2003, that section 16-16, York County Code, be and it is hereby amended to read and provide as follows:

Sec. 16-16. Assault and battery.

(a) Any person who shall commit a simple assault or assault and battery shall be guilty of a Class 1 misdemeanor. However, if a person intentionally selects the person against whom the offense is committed because of his race, religious conviction, color or national origin, the penalty upon conviction shall include a mandatory, minimum term of confinement of a least six months, thirty days of which shall not be suspended, in whole or in part.

(b) In addition, if any person commits a battery against another knowing or having reason to know that such other person is a full-time or part-time teacher, principal, assistant principal, or guidance counselor of any public or private elementary or secondary school and is engaged in the performance of his duties as such, he shall be guilty of a Class 1 misdemeanor and the sentence of such person upon conviction shall include a mandatory, minimum sentence of fifteen days in jail, two days of which shall not be suspended in whole or in part. However, if the offense is committed by use of a firearm or other weapon prohibited on school property pursuant to Code of Virginia § 18.2-308.1, the person shall serve a mandatory, minimum sentence of confinement of six months which shall not be suspended in whole or in part.

(c) "Simple assault" or "assault and battery" shall not be construed to include the use of, by any teacher, principal, assistant principal, guidance counselor, or school security officer, in the course and scope of his acting official capacity, any of the following: (i) incidental, minor or reasonable physical contact or other actions designed to maintain order and control; (ii) reasonable and necessary force to quell a disturbance or remove a student from the scene of a disturbance that threatens physical injury to persons or damage to property; (iii) reasonable and necessary force to prevent a student from inflicting physical harm on himself; (iv) reasonable and necessary force for self-defense or the defense of others; or (v) reasonable and necessary force to obtain possession of weapons or other dangerous objects or controlled substances or associated paraphernalia that are upon the person of the student or within his control.

(d) For purposes of this section, "school security officer" means an individual who is employed by the local school board for the purpose of maintaining order and discipline, preventing crime, investigating violations of school board policies and detaining persons violating the law or school board policies on school property, a school bus or at a school-sponsored activity and who is responsible solely for ensuring the safety, security and welfare of all students, faculty and staff in the assigned school.

On roll call the vote was:

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

VACATION OF A PORTION OF MARTIAU STREET

Mr. Barnett made a presentation on proposed Ordinance No. 03-4 to vacate a portion of Martiau Street, and to declare the title to be vested in the Board of Supervisors of York County.

Mr. Zaremba inquired about the correspondence that suggested the York Town Trustees may attempt to prove ownership of the land in exchange for $9,900 from the County.

Mr. Barnett explained that the Trustees had no interest in pursuing ownership of the property.

Discussion ensued over the vacation.

Chairman Burgett called to order a public hearing on proposed Ordinance No. 03-4 that was duly advertised as required by law and is entitled:

AN ORDINANCE VACATING A PORTION OF MARTIAU STREET, YORKTOWN, VIRGINIA, AND DECLARING TITLE TO BE VESTED IN THE BOARD OF SUPERVISORS OF YORK COUNTY, VIRGINIA

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

Mrs. Noll then moved the adoption of proposed Ordinance No. 03-4 that reads:

AN ORDINANCE VACATING A PORTION OF MARTIAU STREET, YORKTOWN, VIRGINIA, AND DECLARING TITLE TO BE VESTED IN THE BOARD OF SUPERVISORS OF YORK COUNTY, VIRGINIA

WHEREAS, among the streets laid out in Yorktown, is the street now known as Martiau Street, said street being shown (but not named) on a plat recorded among the York County land records in Deed Book 21, page 498, and on a survey control map of Yorktown, dated February 16, 1949, by R. F. Pyle, and recorded in Plat Book 8, pages 469A and 469B among the land records of the York County Circuit Court; and

WHEREAS, a portion of Martiau Street has been accepted into the State Secondary System of Highways and has been maintained for a number of years by the Virginia Department of Transportation as a public street, with the remaining portion of Martiau Street, however, not having been used in recent years for public access, namely, that portion shown as "Portion of Martiau Street Hereby Voided" on a plat made by AES Consulting Engineers, which plat is attached to the Report of the County Attorney dated December 17, 2002; and

WHEREAS, the County is the owner of lands abutting both sides of the said portion of Martiau Street by virtue of a deed recorded among the York County land records as Instrument No. 020005495, dated March 25, 2002; and

WHEREAS, following a duly advertised public hearing, it is the opinion of the Board that the unopened portion of Martiau Street described above shall be vacated.

NOW, THEREFORE, BE IT ORDAINED by the York County Board of Supervisors this 21^st day of January, 2003, that all that portion of Martiau Street as is shown as "Portion of Martiau Street Hereby Voided" on the plat made by AES Consulting Engineers dated December 5, 2002, entitled "Plat Showing a Portion of Martiau Street to be Vacated," attached to the County Attorney's Report to the Board dated December 17, 2002, is hereby vacated pursuant to Code of Virginia § 15.2-2006.

BE IT FURTHER ORDAINED that title to the vacated portion of Martiau Street is declared to be vested in the name of the Board of Supervisors of York County, Virginia.

A certified copy of this Ordinance shall be recorded among the land records of the York County Circuit Court, as deeds are recorded, and indexed in the name of the County, as required by Code of Virginia § 15.2-2006.

On roll call the vote was:

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

CONDEMNATION OF A VACATED PORTION OF MARTIAU STREET

Mr. Barnett made a presentation on proposed Resolution R03-7 to enter upon and take certain lands in connection with the development of the Yorktown waterfront.

Chairman Burgett called to order a public hearing on proposed Resolution R03-7 that was duly advertised as required by law and is entitled:

A RESOLUTION DECLARING THE NECESSITY TO ENTER UPON AND TAKE CERTAIN LANDS IN CONNECTION WITH THE DEVELOPMENT OF THE YORKTOWN WATERFRONT

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

Mrs. Noll then moved the adoption of proposed Resolution R03-7 that reads:

A RESOLUTION DECLARING THE NECESSITY TO ENTER UPON AND TAKE CERTAIN LANDS IN CONNECTION WITH THE DEVELOPMENT OF THE YORKTOWN WATERFRONT

WHEREAS, it is necessary to obtain land contained within a vacated portion of Martiau Street, in Yorktown, in connection with the construction of a public parking facility; and

WHEREAS, the County is unable to determine the identity of the owners of the property and therefore is unable to obtain from the owners of such property clear title to the interests in real estate necessary, or any agreement as to the consideration to be paid for the said interests; and

WHEREAS, plats of the interests in real property to be acquired have been prepared by AES Consulting Engineers and appraisals of such interests have been prepared; and

WHEREAS, § 15.2-1904, § 15.2-1905 (E) and § 25-232.01, of the Code of Virginia, authorizes the Board to adopt a resolution following a public hearing on the matter declaring its intent to enter and take specified properties, rights-of-way or easements for any authorized public undertaking.

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors