Meeting Convened.
A Regular Meeting of the York County Board of Supervisors was called to
order at 7:01 p.m., Tuesday, May 6, 2003, 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.
Pastor David Hampton, Crook’s Memorial United Methodist Church, gave the
invocation.
Pledge of Allegiance to the Flag of
the United States of America.
Chairman Burgett led the Pledge of Allegiance.
PRESENTATIONS
INTRODUCTION OF NEW MEMBERS TO
YORK COUNTY BOARDS AND COMMISSIONS
Chairman Burgett
noted that Mr. Thomas J. Burgess, the newest appointed member to the
Stormwater Advisory Committee, was not able to be present this evening.
He indicated his Boards and Commissions Handbook and York County pin
would be forwarded to him.
OUTSTANDING YOUTH OF THE YEAR
AWARDS
Chairman Burgett
gave some background on the awards, stating this was the 14th year that
he Board of Supervisors and the Youth Commission had jointly sponsored
the program. He thanked the members of the selection committee for
their difficult task in selecting the four awardees. Brittany Hall and
Nicole Eickhoff, members of the Youth Commission, read the award
citations, and Chairman Burgett presented the 2003 Outstanding Youth of
the Year Awards to the following recipients:
Pierce
Han Compassion
Tim Falvey Community Service
Carlyn Tatroe Courage
Jason Dress Overall
Achievement
NEIGHBORHOODS OF THE YEAR PROGRAM
Mr. McReynolds
read a brief citation for each of the 2003 Neighborhoods of the Year,
and Chairman Burgett presented a plaque to representatives of the
following subdivisions:
Beautification: Glen
Laurel
Safety:
Running Man
Neighborhood
Cooperation and Spirit: Rainbrook Villas
CITIZENS COMMENT PERIOD
Mr. Gil Granger,
302 Harrison Avenue, Williamsburg, stated his corporation owns property
in Yorktown on Water Street, the Pub and Water Street Landing. He
indicated the property was built before World War II and has been a good
investment, and he has enjoyed his relationship with the County. Mr.
Granger noted he has plans to expand the businesses in keeping with
improvements made in Yorktown. The architects have worked on plans, and
he stated he will be submitting them soon to the County. He expressed
his wish to keep the expansion within the historic atmosphere of
Yorktown, and he wants to do what the residents of the village want. Mr.
Granger indicated he would be more than happy to discuss the plans with
the residents and County staff, and he invited their comments.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett
stated it was the time of year to take stock of what the General
Assembly has done to see which actions require any ordinance changes for
the County. Scheduled for June 3 is a proposed ordinance to require
finger printing for concealed weapons permits. He stated he is also
working on a comprehensive overwrite of the animal control ordinance.
An amendment is necessary for subdivision approvals because the time for
review of plat submissions has been shortened to 45 days. Mr. Barnett
also noted that minor amendments are necessary for the erosion and
sediment control ordinance. Other amendments that are not required but
may be recommended include those pertaining to violations of litter
ordinances, zoning code violation penalties, and requiring the removal
of abandoned non-conforming signs.
Mr. Zaremba
asked if the General Assembly did anything to give counties the ability
to raise the tax on cigarettes.
Mr. Barnett
indicated the legislation remained unchanged. He stated any legislation
submitted this year that would have granted tax increases was defeated.
COUNTY ADMINISTRATOR REPORTS
AND REQUESTS
Mr. McReynolds
introduced the new Public Information Officer, Greg Davy, who came from
Long Beach, California, and welcomed him to the County team. He then
asked Mr. Carter to brief the Board members on the Route 17 committee
and its activities.
Mr. J. Mark Carter,
Assistant County Administrator, reported on the Route 17 committee that
has been formed as result of the Board of Supervisors retreat held in
February. He stated Mr. Junior Coxton is Chairman of the committee, and
there are a number of members from the business committee, the staff,
the Beautification Committee, and private landowners serving, about 14
members in all. He indicated the objective of the committee is to
develop recommendations to enhance the Route 17 corridor through a
public/private partnership. The committee has met twice, and good ideas
are being generated. Mr. Carter stated these ideas will be worked into
action plans that can be brought to the Board. He then shared some of
the ideas such as providing a detailed photo record of the Route 17
corridor, cooperative arrangements with private property owners to deal
with abandoned buildings, and working with private property owners to
enhance landscaping in rights of way in front of their properties. He
noted the committee has suggested working with VDOT regarding signage
and entrances. Mr. Carter also indicated there is an opportunity to
secure grant funding for this cause, and there are also opportunities
for median landscaping through cooperation with VDOT. He noted the IDA
is exploring a public/private partnership to deal with properties that
are underutilized, abandoned, and/or closed for a number of years, to
redevelop/reenergize them. Mr. Carter stated the staff hopes to have
something for the Board to review by the end of June.
Mrs. Noll
asked about the abandoned signs and asked if an inventory was being
done.
Mr. Carter
indicated an inventory was being done, and perhaps the regulation Mr.
Barnett discussed earlier will be helpful.
Mr. McReynolds
then reminded the Board members of the work session next Tuesday on
senior housing and auto decals and the next Regular Meeting to be held
on May 20.
MATTERS PRESENTED BY THE BOARD
Mr. Wiggins
congratulated the two neighborhoods in his district on their
Neighborhood Awards as well as Running Man in District 5. He stated
these communities put in a lot of time to the well being of their
neighborhoods, and the Board appreciates it. He then spoke about the
Eagle Scouts’ involvement in York County’s welfare, stating it is
phenomenal how they are getting involved and making recommendations. He
stated the County was also very fortunate to have the involvement of
their parents. Mr. Wiggins also noted he served as the Board’s liaison
for the Senior Housing Committee, and he expressed his hope that the
committee has accomplished the task the Board set. He then spoke about
the mosquito problems, and asked everyone experiencing the mosquitoes to
understand that the County is doing all it can. This past weekend
Seaford was sprayed, and there will be an aerial spray this week as
well.
Mr. McReynolds
noted the aerial spraying was to take place tomorrow night, May 7.
Meeting Recessed.
At 7:55 p.m. Chairman Burgett declared a short recess.
Meeting Reconvened.
At 8:00 p.m. the meeting was reconvened in open session by order of the
Chair.
PUBLIC HEARINGS
APPLICATION NO. ZT-69-02, YORK
COUNTY BOARD OF SUPERVISORS
Mr. J. Mark Carter,
Planning and Zoning Administrator, made a presentation on Application
No. ZT-69-02 requesting amendment to the York County Zoning Ordinance by
adding a new section to create an historic district zoning
classification and to adopt a companion document setting forth the
architectural design guidelines to be applicable within the proposed
Yorktown Historic District Overlay. 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. 03-13. Mr.
Carter noted the Planning Commission and staff have recommended a
6-month delay for the ordinance to take effect in order to provide the
Board with the opportunity to appoint the committee and the members to
become familiar with the guidelines.
Mr. Zaremba
asked who picked the residents of Yorktown for the committee and was
there unanimity by the six members.
Mr. Carter
stated staff contacted Mr. Bryce Hollingsworth, then Chairman of the
Yorktown landowners group, and asked him to recommend individuals. The
members were selected by the landowners group. The resident members came
to the first meeting and clearly announced that on behalf of the
residents of Yorktown, they weren't in favor of guidelines. However,
the Planning Commission asked them to help develop a recommendation
assuming that the guidelines would be adopted in order to make them the
best they could be. Mr. Carter stated that by the end of the process
there was, in fact, a unanimous decision to recommend the document to
the full Planning Commission.
Mr. Zaremba
noted that there was a citizen informational meeting in October of last
year and a public hearing in November. He asked Mr. Carter to share
with the Board where the Yorktown residents stood at each.
Mr. Carter
stated the informational meeting was more of a question/answer format.
Some people were clearly not in favor, and some expressed support.
Basically, he stated the same occurred at the Planning Commission public
hearing. There are some strong opinions on both sides.
Mr. Zaremba
asked for the rationale of having someone from another part of the
county sit on a board to review what is to be done in Yorktown.
Mr. Carter
stated he sensed the committee was interested in making sure that the
system operated so that it didn't pit neighbor against neighbor. He
noted there was some concern that a group made up solely of Yorktown
residents might move into a less rounded way of looking at an issue and
get too much into neighbor against neighbor issues. The initial staff
draft was a committee made up of Yorktown residents only, and it was
surprising to staff to have that recommendation come out of the
committee.
Mrs. Noll
questioned the color palette, asking if residents could get approval for
another color on the palette.
Mr. Carter
indicated approval would take less than one day. The requirement is
just to make sure the color selected matches one of the colors on the
chart. Mr. Carter stated that little activity goes on in Yorktown in
terms of alterations and additions, and staff feels these types of
requests can be managed by the staff very expeditiously.
Mr. Shepperd
asked how the guidelines could prohibit development of properties in
Yorktown with houses like the recent construction on Moore House Road.
Mr. Carter
stated the guidelines favor the basic square and rectangular shapes that
are predominant in Yorktown. The review process would allow the
committee to work with the applicant who is suggesting another design to
look for something more compatible.
Mr. Shepperd
asked if one planner is on the committee and four other members from
Yorktown are selected who are adamantly opposed to these guidelines,
could they allow the Moore House type buildings in Yorktown if they
wanted to. He noted the ordinance uses the word “should” instead of
“shall.”
Mr. Carter
indicated they would then be going against the guidelines. He stated
they might be able to build something similar, but with more of a
Yorktown character. He stated the reason for the “should” is to give the
committee the opportunity to work with the applicant and be flexible in
reaching compatibility with the character of Yorktown
Mr. Shepperd
asked if there could be a purple house in Yorktown.
Mr. Carter
indicated that theoretically there could be could if the committee
decided it was appropriate. The committee would need to be guided by the
guidelines which speaks of the colors on the palette. Mr. Carter stated
he thought if something like that were to happen, the Board would need
to take a look at the composition of the committee, noting that the
committee members serve at the Board’s pleasure and implement its
policy.
Mr. Shepperd
asked if the Board has the authority to rezone property inside the
historic district.
Mr. Carter
indicated it could.
Mr. Shepperd
asked if property in Yorktown could be rezoned from residential to
business.
Mr. Carter
stated the YVA district is very encompassing and includes business as
well as residential uses.
Mr. Shepperd
asked how these residential guidelines would apply to business.
Mr. Carter
indicated there are elements in the section on the historic core that
speak to business uses. The Board would be determining if a commercial
use at a particular location is appropriate. Anything non-residential
would continue to be subject to Planning Commission and Board of
Supervisors approval from a land use standpoint.
Mr. Wiggins
stated the purpose for the committee is not to turn something into what
it is not. He stated they have the charge to interpret these
guidelines, and he can't see it happening otherwise. He noted that some
people are saying if the Board approves this ordinance, the County can
go in and take people's property away from them.
Mr. Barnett
stated that the creation of the historic district has nothing to do with
the Board’s ability to condemn property for a public purpose. The Board
is also allowed within the district to identify an historic building and
acquire it by lawful means. The locality shall not use condemnation
proceedings unless the value of the landmark is about to be destroyed.
He stated the Board would have to prove that the property had historic
value and was about to be destroyed in order to condemn and take the
property, whether or not an historic district is created.
Chairman Burgett
stated he has a letter from the Yorktown Village landowners group about
a meeting they held on October 23 which said the landowners supported
the guidelines; yet on April 29 they voted to oppose the guidelines. He
asked what had happened in the six months.
Mr. Carter
indicated that the committee had recommended substantial changes in the
initial draft, and it was his understanding that those changes were
reacted to on October 23. He stated nothing has changed since that
time. He stated he attended the meeting on April 29 when there was a
larger number of people in attendance, and they were different attendees
than on October 23 with a fewer number of the favorable side.
Chairman Burgett
called to order a public hearing on Application No. ZT-69-02 which was
duly advertised as required by law. Proposed Ordinance No. 03-13 is
entitled:
AN
ORDINANCE TO AMEND THE YORK COUNTY ZONING ORDINANCE (CHAPTER 24.1, YORK
COUNTY CODE) TO ESTABLISH A NEW SECTION 24.1-377, YORKTOWN HISTORIC
DISTRICT OVERLAY, AND TO ADOPT THE COMPANION YORKTOWN DESIGN GUIDELINES
TO BE USED IN THE IMPLEMETATION AND ADMINISTRATION OF THE YORKTOWN
HISTORIC DISTRICT
Mr. Bryce Hollingsworth,
139 Smith Street, spoke in favor of the design guidelines and asked the
Board of Supervisors not to take the recent vote of the landowners group
as the actual feeling of the residents of Yorktown. With the near
completion of the waterfront, there will be an increased interest in
living in the village, and its character must be protected for all
generations. He stated he did not feel the proposal was treading on his
rights.
Mr. George Sage,
112 Church Street, applauded the many good things the Supervisors and
County have done. He stated the fundamental problem with the concept is
that the guidelines suppress the dreams and ingenuity of the people of
the community. He stated he has seen many individual initiatives that
have resulted in wonderful things happening in Yorktown such as Nancy
Thomas' place. Much of what Yorktown residents have been doing would
have been stymied if they had to operate under the proposed guidelines,
and he stated he did not understand why they are necessary. Mr. Sage
stated the majority of the Yorktown residents he has spoken to feel the
same way. He stated he believes the guidelines jeopardize Yorktown’s
authenticity and could result in an artificial setting.
Ms. Janie Smith,
412 Chinquapin Orchard, spoke of the right of property guaranteed in the
Constitution, and she urged the Board not to pass the guidelines.
Ms. Marsha Brown,
213 Nelson Street, asked the Board to allow the residents to retain
control of their property and not approve the Historic District
classification. By adopting this ordinance, she stated the Board was
setting a dangerous precedent. She stated no other resident in York
County has to go through a committee if they want to build a new house
or paint a door a certain color. She asked the Board to deny the
ordinance
Ms. Jennifer K. Carver,
236 Nelson Street, stated it is not the function of government to keep
the citizen from falling into error; it is the function of the citizens
to keep the government from falling into error. She stated the Board
does not need to keep her from making mistakes with her property, but
rather the citizens need to keep the Board from breaching their property
rights.
Mr. Ron Leftwich,
226 Church Street, thanked Mr. Carter for saying that the residents were
good stewards of their property in Yorktown. He stated he feels that
they can continue being good stewards without needing someone telling
them what to do.
Mr. John H. Carver,
236 Nelson Street, stated it is disturbing that York County government
seems poised to adopt regulations to limit owners’ property rights in
Yorktown which might amount to taking property without compensation. He
stated there were no covenants on the property when the current
residents in Yorktown purchased or inherited their properties, and
residents who bought without covenants should not have their property
rights violated. Mr. Carver stated the residents have done a very good
job of preserving history without losing their property rights, and this
will continue because of the value of property in Yorktown. He stated
the National Park Service supports the working nature of the village as
it is now. He noted his feeling that the County is more interested in
income dollars than in historic preservation.
Mrs. Lindsey Carver,
236 Nelson Street, also spoke in opposition to the guidelines and
establishment of an historic district.
Ms. Betty McPherson,
226 Bacon Street, spoke in opposition to the application. She stated
the Board condemned the Granger property which cost the County taxpayers
$500,000, and it was also taken off the tax rolls and is no longer
providing any tax revenue. She stated the property is now just a big
front yard for Chischiak Watch.
Mr. Rogers Hamilton,
114 Church Street, stated that when the Planning Commission ignored the
public outcry against the guidelines, he was amazed. He stated the
guidelines were originally devised to protect historic buildings, but
there is only one building in the village that qualifies. He stated
that maintaining these buildings in Yorktown is a labor of love, and
these guidelines will pit neighbor against neighbor. Mr. Hamilton stated
that rumor has it that this is a done deal, and he certainly hopes this
is not true. He asked the Board of Supervisors to consider all that is
being said tonight and vote against this unnecessary proposal.
Ms. Helen Hubbard,
234 Nelson Street, stated she would rather have a purple house next to
her property than have the Board of Supervisors tell the residents what
they can do with their property. She stated the residents do not want
the Board to pass these guidelines for the village, and she asked that
the Board not bring up the issue again.
Mr. Robert Hansford,
107 Church Street, stated the proposed guidelines present a threat to
how the residents will have to go about making day-to-day decisions
about their homes. He stated it also puts at risk some of the
residents’ cherished personal freedoms. He expressed his feeling that
it is ironic this dialog should be taking place here where the country’s
forefathers fought to establish the doctrine lived by today, and he
asked the Board to reconsider this affront to what the residents hold
dear. Mr. Hansford asked that the Board members show the constituents
that they were elected in good faith to safeguard the civil interests of
the citizens and appreciate there is no compelling reason to place these
properties under the Board’s authority. He asked that the Board table
this proposal and meet with the residents to reach a solution that
everyone can live with.
Mrs. Myrtle Soles,
212 Mastin Avenue, stated she owns property at 229 Nelson Street, and
she spoke in opposition to the historic district and the guidelines.
She urged the Board not to adopt them, asking it to not try and solve a
problem that has not happened and is not likely to happen. She stated
it is upsetting that the Board wants to take the residents’
Constitutional right away to manage their own properties
Ms. Martha Hamel,
101 Pulaski Street, stated Americans have many freedoms for which to
give thanks, and Yorktown played a vital role in the fight for these
freedoms. If the Board of Supervisors places a review board on Yorktown,
she stated the residents will lose many freedoms that are enjoyed by
other County residents. She asked the Board to listen to the residents
as they plead for the freedom of unnecessary burdens in Yorktown. Ms.
Hamel stated the majority of the residents oppose the historic district
and the guidelines.
Mr. David Brown,
213 Nelson Street, stated he was strongly opposed to the historic
district and guidelines because he has seen no credible reason for their
necessity. He stated the historic district puts the residents’ land in
danger because the Board of Supervisors would have review over who it
was sold to.
Mrs. Nancy Thomas,
145 Ballard Street and 106 Main Street, stated she is an artist who
wants to make things beautiful, and her work is collected worldwide. She
stated it was not clear to her why there is a need for an architectural
review board. She stated in her 33 years in Yorktown, the concept has
surfaced several times and has always been rejected. She requested that
the Board deny the application.
Reggie Tucker,
Moore House Road, spoke of the home being the basic foundation for the
family, and he urged the Board to vote against the application.
Mr. Chuck Murray,
118 Chischiak Watch, stated the question is not whether or not Yorktown
should be an historic district because history has dictated that it is
an historic district. Yorktown belongs to every American citizen, and
it is the duty of government to protect the heritage of America. Mr.
Murray asked the Board to make sure that Yorktown is not added to the
disgraceful list of lost historic sites, and he asked the Board to
approve the architectural guidelines.
Mr. James M. O’Hara,
706 Main Street, stated he didn’t think this historic district was being
explained properly to the people. He stated he believed this initiative
is more about commercialism and not historic preservation. Mr. O’Hara
noted that business would be better if commercialism were toned down.
He stated he worked hard to help get rid of the Trustees, and he
thought the Board of Supervisors was happy they are gone, but he didn’t
want another board to take their place. Mr. O’Hara stated he felt the
Board can accomplish what it wants without the historic district and
guidelines. He indicated the Board needed to deal with the Yorktown
residents in getting clear title on the waterfront.
Mr. Wray Emerson,
109 Fox Lane, representing the Masonic Lodge in Yorktown, stated the 175
members of the Lodge feel they should best decide what to do with their
building in Yorktown, and it is their wish that the Board vote against
this ordinance.
Mr. Joseph K. Taylor,
109 Marlbank Drive, shared his experiences as a member of the Planning
Commission back in 1976 and the first discussions about architectural
guidelines. He stated he has been impressed with the discussions
tonight, and he is in favor of the guidelines to protect the village in
the future. He also urged the Board to limit the membership of the
design committee to people who live in the village of Yorktown. Mr.
Taylor stated when the Planning Commission was considering the first
Comprehensive Plan it was concerned about Route 17 becoming a Mercury
Boulevard, and now York County has one. He urged the Board not to let
this happen with Yorktown.
There being no one
else present who wished to speak concerning the subject application,
Chairman Burgett closed the public hearing.
Mrs. Noll
asked Mr. Carter to explain the ramifications for grandfathering to the
present citizens.
Mr. Carter
stated it means if the proposed ordinance is adopted, existing
conditions are frozen in time without fear of someone telling them they
have to change something. If they suffer a loss of part of their
property, they can replace it as it was. The guidelines would apply to
future actions a current homeowner would like to take. They would not
have to retrofit their entire property.
Mrs. Noll
asked what steps the current resident now has to take if they wish to
put an addition on their house.
Mr. Carter
stated if the addition to a residence is less than a 25 percent increase
in floor area or lot coverage, they must apply to the Board of
Supervisors, which takes about 30-45 days to process and scheduled for a
Board agenda. He stated if the request involves a greater increase or a
new residence, it must go to both the Planning Commission and the Board
of Supervisors, which involves advertising for public hearings at the
Commission and Board level, and the time frame is about 90 days. If the
Guidelines are adopted, single family construction or additions would be
matter of right. Only the architectural issues would be subject to
review by the committee, and the time frame would be within 30 days.
Discussion followed
on the meaning of the term “grandfathering.”
Mr. Zaremba
stated what the Board is trying to do is create a set of guidelines that
will allow a five-member board to evaluate initiatives on the part of
property owners in Yorktown in an objective manner so that there would
be a degree of consistency made by that board. He then reviewed some
of his concerns about the proposed ordinance as follows:
Certificate of
Appropriateness: As a member of that five-member board, he stated he
would want to know which buildings or structures were historic
landmarks.
Actions Exempted from
Review: Feel the language is ambiguous and not consistent.
Standards and
Guidelines for Review: The word “relationship” is a concern in that too
much subjectivity is allowed in the equation. The guidelines are
ambiguous and vague, and it will be hard for the HYDC to do what it is
charged to do.
Application for and
Processing of Certificates of Appropriateness: It seems this is part
that opens the door wide to anything. Concern is how the HYDC can say
these guidelines will preserve the character of what makes up Yorktown.
Mr. Zaremba
asked if there was a reason why every Yorktown property owner wasn’t
canvassed about the guidelines and the historic district.
Mr. Carter
stated it was felt the number of informational meetings held on this
issue have exceeded every issue the County has dealt with except for the
Comprehensive Plan.
Mr. Zaremba
indicated the Board has heard a lot tonight about property rights, but
it also needs to recognize that the Supreme Court has consistently
subordinated property rights to the betterment of the whole. What the
Board is trying to accomplish is the preservation of Yorktown. If the
Board expects to achieve something that is acceptable, all the citizens
need to get involved.
Chairman Burgett
stated everyone has made some great points tonight, but it has been
inferred that the Board is not as patriotic or all-American as the
residents of Yorktown. He stated many of the Board members have served
their country, and have fought for the very freedoms that the residents
have talked about this evening. Chairman Burgett spoke about
grandfathering, stating the ordinance would protect the current
property owners. He noted that the compelling function of leadership is
to look to the future and prepare. Yorktown cannot be compared with any
other neighborhood. It is a place of sacred historical significance.
He stated the Board owes something to future generations to ensure that
what is established is maintained.
Discussion followed
on the possibility of tabling the application at this time.
Mrs. Noll
then moved that the Board table Application No. ZT-69-02.
On roll call the vote
was:
Yea:
(5) Zaremba, Noll, Wiggins, Shepperd, Burgett
Nay:
(0)
MATTERS PRESENTED BY THE BOARD
(Continued)
Mr. Shepperd
stated the Regional Issues Committee meets about every quarter, and the
Committee has agreed to meet now every month. He noted that as the
communities continue to develop, the Committee hopes to get inside the
decision loop on planning issues of the various localities, and the
County will see input from the Committee on significant issues in the
area. Mr. Shepperd then pointed out an article in the Hampton Roads
Review about a project called the Congestion Relief Program, and through
this Cary's Chapel Road/Yorktown Road is proposed for funding to add
turn lanes to Route 171. Mr. Shepperd credited Steve Hicks, VDOT
Resident Engineer, with this accomplishment because he has been very
proactive on the County’s behalf. He then noted he and staff held a
District 5 Town Meeting recently, and he thanked Mr. McReynolds and the
staff for their support and information.
Mrs. Noll
stated the Hampton Roads Sanitation District announced 2002 Pretreatment
and Excellence Awards, and Gold Awards went to the County of York
Transfer Station, the Coast Guard Training Station, the Naval Weapons
Station, and the Yorktown Power station. She noted she had attended in
Newport News a commemoration of the holocaust which was dedicated to the
hidden children. She stated an essay or poetry contest was run, and 725
students submitted pieces to be judged. There were several from the
Grafton High 9th grade class, and there was also a 6th grader from
Yorktown Middle School. Mrs. Noll stated she was very impressed by the
sensitivity of the children writing the essays and poetry.
Mr. Zaremba
stated that on May 12 there will be an upper York County information
meeting between 6 and 7:30 p.m. at the Church of Jesus Christ of Latter
Day Saints. He indicated he and staff will inform the citizens on what
is happening in the upper portion of the County. He then noted that
this evening the Board will be appointing the membership of the
2003-2004 Youth Commission, a 15-member Board with 3 students from each
of the five districts in the County. He stated he has never seen such a
series of applications that have so much quality associated with them,
and the selection process is going to be very difficult. Mr. Zaremba
then stated he had the privilege of attending a forum up at Eastern
State Hospital conducted by the Virginia Commissioner for Health. At
the forum many legislators attended to discuss where mental health is
going in Virginia and how it will impact the County and the hospital.
He stated the process unfolding is that the hospital will downsize, and
the state is getting out of the business of acute mental health care
which will be forwarded into the communities and the local hospitals.
He noted there is bridge money to allow the transfer to take place, but
the attendees were very skeptical concerning the private sector being
equipped to deal with influx. Mr. Zaremba stated he sensed another
potential mandate coming down to the localities.
Chairman Burgett
stated he and Mr. McReynolds were invited to lunch with Jim Smith of the
Newport News Airport to discuss the future plans for the airport's
expansion as the new runway will be in York County. He impressed on Mr.
Smith the need to educate the York County citizens on the impacts of the
new runway, and the Airport personnel are coming back to the County with
information that will be sent out as soon as it is received. He
indicated the target date for completion of the runway is 2017.
Chairman Burgett then stated the Peninsula Alliance for Economic
Development (PAED) Executive Committee met, and he explained a
significant initiative with the PAED website that will provide links to
everything anyone needs concerning the Peninsula's workforce. He
indicated it is called “Peninsula worklink.com.” He then noted he
attended the farewell dinner for the Zweibrucken students, and enjoyed a
very nice evening. He mentioned he had the pleasure on Saturday night
to deliver a resolution commemorating the 50th anniversary of the York
County Lions Club. Chairman Burgett stated he met with Mayor Zeidler
and Board of Supervisors Chairman from James City County, Jay Harrison,
to discuss issues that concern the three localities. He also noted that
Business Appreciation Week is coming up, and the Economic Development
Office is putting on a function at the Watermen’s Museum on May 15
starting at 5:00 p.m. for the business people to get out and network.
CONSENT CALENDAR
Mr. McReynolds
asked that proposed Resolution R03-88 to authorize the execution of an
agreement with the Watermen’s Museum be added to the Consent Calendar.
Mr. Zaremba
asked that Item No. 6 be removed from the Consent Calendar.
Mr. Shepperd
asked that proposed Resolution R03-88 be removed from the Consent
Calendar.
Mrs. Noll
moved that the Consent Calendar be approved as amended, Item Nos. 2, 3,
4, and 5, respectively, and not to include proposed Resolution R03-88 as
requested by the County Administrator.
On roll call the vote
was:
Yea:
(5) Noll, Wiggins, Shepperd, Zaremba, Burgett
Nay:
(0)
Thereupon, the
following minutes were approved and resolutions adopted:
Item No. 2. APPROVAL OF
MINUTES
The minutes of the
following meeting of the York County Board of Supervisors were approved:
April 8,
2003, Adjourned Meeting
Item No. 3. EMPLOYEE OF THE
QUARTER: Resolution R03-63
A RESOLUTION TO COMMEND JAMES K. RINDFLEISH IN THE DEPARTMENT OF
ENVIRONMENTAL AND DEVELOPMENT SERVICES AS EMPLOYEE OF THE QUARTER
WHEREAS, James K.
Rindfleisch has been employed by the Department of Environmental and
Development Services since May of 1981 and currently holds the position
of Biologist; and
WHEREAS, Mr.
Rindfleisch’s expertise in the field of Mosquito Control is well known
as evidenced by his involvement in several local and regional
initiatives such as his work with the FEMA Mosquito Control project
during Hurricane Floyd in which he assisted with the development of
aerial spray treatment guidelines for vector emergency responses and his
work with the State West Nile Abrovirus Task Force in which he
volunteered to write a Public Health West Nile Virus protocol, which was
ultimately adopted; and
WHEREAS, Mr.
Rindfleisch is also responsible for establishing an agreement with the
Navy for mosquito service at two of their local facilities and for
researching and building a fishery for mosquito fish to be used as an
additional cost savings means of biological treatments, which was
profiled in the Daily Press as a “Neater Skeeter solution”; and
WHEREAS,
Mr. Rindfleisch has also shown himself to be creative and resource- full
by crafting a 7 foot tall, 300 pound metallic mosquito constructed from
scrap metal vehicle parts, which received notoriety in the media and won
an award in the Peninsula Fine Arts Center’s juried exhibition and for
constructing an 18-foot metallic replica of a historic British ship,
which was donated to the Waterman’s Museum; and
WHEREAS, due to his
creative endeavors and initiative Mr. Rindfleisch continues to make a
positive contribution to the quality of life for the Citizens of York
County and is recommended for Employee of the Quarter;
NOW, THEREFORE, BE
IT RESOLVED by the York County Board of Supervisors this 6th day of May,
2003, that James K. Rindfleisch, Biologist be and is hereby,
congratulated upon his selection as Employee of the Quarter for the
quarter ended December 31, 2002.
Item
No. 4. PURCHASE AUTHORIZATION: Resolution R03-76
A RESOLUTION TO
AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AN AGREEMENT FOR THE
CONSTRUCTION OF THE Luther
Drive Gravity Sewer Rehabilitation PROJECT
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
6th day of May, 2003, that the County Administrator be, and hereby is,
authorized to execute procurement arrangements for the following:
AMOUNT
Luther Drive Gravity Sewer
Rehabilitation $66,718
Item No. 5. MUTUAL
AID AGREEMENT FOR HAMPTON ROADS METROPOLITAN MEDICAL RESPONSE SYSTEM (HRMMRS):
Resolution R03-77
A RESOLUTION TO
AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A MUTUAL AID AGREEMENT AND
A STRIKE TEAM RESPONSE AGREEMENT FOR THE HAMPTON ROADS METROPOLITAN
MEDICAL RESPONSE SYSTEM
WHEREAS, the Hampton
Roads Metropolitan Medical Response System (HRMMRS) has been developed
to provide major medical response support to the Hampton Roads
localities including York County, as a result of weapons of mass
destruction/terrorism incidents and/or other major disasters with
significant victims; and
WHEREAS, each of the
signatory localities maintains equipment and personnel for emergency
response within its own jurisdiction; and
WHEREAS, it is deemed
mutually beneficial to the signatory localities to enter into an
agreement concerning mutual aid and cooperation with regard to emergency
responses including fire, medical and suspected terrorism events that
are conceivably beyond the abilities and/or resources or the affected
party; and
WHEREAS, the
signatory localities desire to augment their emergency response
resources in times of mass casualty, disaster or terrorism events; and
WHEREAS, the
signatory localities desire that the terms and conditions of the HRMMRS
Mutual Aid Agreement be established.
NOW, THEREFORE, BE IT
RESOLVED by the York County Board of Supervisors this 6th day of May,
2003, that the County Administrator is hereby authorized, for and on
behalf of the County, to execute the Hampton Roads Metropolitan Medical
Response System Mutual Aid Agreement and Strike Team Response Agreement
as approved to form by the County Attorney.
Item No. 6. VIRGINIA COOPERATIVE
EXTENSION—ANNUAL MEMORANDUM OF UNDERSTANDING: Proposed Resolution
R03-81 (Removed from
Consent Calendar)
Mr. Shepperd
stated he was surprised that the Family Consumer Science Agent position
is frozen for two years, and the CENAP program position is vacant and
pending for filling. The memorandum calls for a $90,000 set aside to pay
the County’s fair share of these positions. He asked Mrs. Smith to
address the fact that the County budget is allowing for positions that
are probably not going to be filled, and one position is being filled by
a County employee which equates to paying for a state activity.
Mrs. Anne B. Smith,
Director of Community Development, stated there are three present
vacancies. She indicated the state has experienced some financial
embarrassment; and rather than automatically filling vacancies, they are
classified as frozen. She stated staff is not aware of any position
being frozen for a set period of time, that it is a freeze until
sufficient justification can be provided to authorize the filling of a
vacant position. She stated the 4-H position is one staff feels
comfortable it can build a satisfactory case for filling, but she is not
as comfortable with the Family and Consumer Science Agent which would
deal with budgeting, and York County's demographics might not be able to
support the filling of that position. Mrs. Smith stated the 4-H
position deals with kids and doesn't know any kind of socio-economic
bracket. The County has a lot of kids who need to have as many programs
and support as possible, and she shared with the Board statistics on the
current 4-H program. She noted her hope to bring the CENAP position on
board by October, but the money for Extension won't be spent unless the
state comes forward with its share of the partnership.
Mr. Shepperd
then moved the adoption of proposed Resolution R03-81 that reads:
A RESOLUTION TO
AUTHORIZE THE EXECUTION OF AN AGREEMENT TO PROVIDE FOR THE OPERATION OF
THE VIRGINIA COOPERATIVE EXTENSION OFFICE FOR FY2004
WHEREAS, Virginia
Cooperative Extension has maintained an office to provide service to
York County citizens under a cost-sharing agreement which has been in
effect since 1983; and
WHEREAS, the Board of
Supervisors authorized funding for this activity in the FY2004 approved
budget sufficient to continue participation in this program and to
provide an adequate level of service to the citizens of York County.
NOW, THEREFORE, BE IT
RESOLVED by the York County Board of Supervisors this 6th day of May,
2003, that the County Administrator be, and he is hereby, authorized to
execute for and on behalf of the Board, a Memorandum of Understanding
with Virginia Cooperative Extension, including any necessary amendments
thereto, that has been approved as to form by the County Attorney and
which is substantially in the same form as that which was transmitted to
the Board by report of the County Administrator dated April 22, 2003
for the provision of Virginia Cooperative Extension within the County.
On roll call the vote
was:
Yea:
(5) Wiggins, Shepperd, Zaremba, Noll, Burgett
Nay:
(0)
AGREEMENT WITH THE WATERMEN’S
MUSEUM: Proposed Resolution R03-88
(Removed from Consent Calendar)
Mr. Zaremba
asked Mr. Barnett about the last paragraph of the proposed resolution
which states that the Museum will finalize its arrangements with the
mortgage company and donor of the property. He stated his concern is
the Board is signing an agreement and finalizing the deal before
everyone is sure things will fall in place.
Mr. Barnett
stated the proposal is that these things happen simultaneously. He
stated there will be a closing as there would be with any real estate
transaction. On the date of closing, the County will convey parcel 12C,
and the Watermen’s Museum will convey its easements to the County, and
payments of cash will be made then.
Mr. Zaremba
then moved the adoption of proposed Resolution R03-88 that reads:
A RESOLUTION TO
AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AN AGREEMENT WITH THE
WATERMEN’S MUSEUM FOR THE EASEMENTS NECESSARY FOR CONSTRUCTION OF THE
RIVERWALK, AND FOR INSTALLATION AND MAINTENANCE OF BREAKWATERS AND THE
BEACH AREA
WHEREAS, staff has worked with the Watermen’s Museum to
reach an agreement concerning the easements necessary for construction
of a portion of the Riverwalk across Museum property; and
WHEREAS,
negotiations have been completed and, subject to Board approval, an
agreement has been reached; and
WHEREAS,
the general terms of the proposed agreement are that the County will be
granted the easements necessary for the Riverwalk to run across the
Watermen’s Museum property along the river, and for installation and
maintenance of breakwaters and the beach area; and in return the County
will pay the Museum a sum of $60,000, rebuild the Museum’s deck (which
must be moved to accommodate the path of the Riverwalk), and transfer to
the Museum lots 12C and 12F (the two properties located on either side
of the Museum acquired from the Jamestown-Yorktown Educational Trust);
NOW,
THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this
6th day of May, 2003, that the County Administrator be, and he hereby
is, authorized to execute the proposed agreement with the Watermen’s
Museum to acquire the easements necessary for construction of the
Riverwalk across Museum property along the river, and for installation
and maintenance of breakwaters and the beach area.
On roll call the vote
was:
Yea:
(5) Shepperd, Zaremba, Noll, Wiggins, Burgett
Nay:
(0)
NEW BUSINESS
APPLICATION NO.
UP-617-03, BERRANE ENTERPRISES, INC.
Mr. Carter
made a presentation on Application No. UP-617-03 requesting a minor
modification of a previously approved special use permit by authorizing
a one-year extension of the deadline for establishing the special use.
He indicated that one minor change was necessary to the proposed
Resolution, and asked that the word “original” in the last paragraph be
changed to “amended.”
Mrs. Noll
moved the adoption of proposed Resolution R03-79(R) that reads:
A RESOLUTION TO APPROVE A MINOR MODIFICATION OF A PREVIOUSLY APPROVED
SPECIAL USE PERMIT BY AUTHORIZING A ONE-YEAR EXTENSION OF THE DEADLINE
FOR ESTABLISHING THE SPECIAL USE
WHEREAS, Berrane Enterprises, Inc. submitted Application No. UP 571-01,
which requested a Special Use Permit, pursuant to Section 24.1-306
(Category 14, No. 6) of the York County Zoning Ordinance, to authorize a
34,900-square foot mini-storage warehouse facility on a 5.83-acre parcel
located at 905 Denbigh Boulevard (Route 173) approximately 917 feet east
of the Newport News city line and further identified as Assessor’s
Parcel No. 28-(1)-A; and
WHEREAS, on April 17,
2001, the York County Board of Supervisors approved said application
through the adoption of Resolution No. R01-64(R); and
WHEREAS, pursuant to
Section 24.1-115(c)(1) of the York County Zoning Ordinance, use permits
automatically expire two years after adoption if the special use has not
been established; and
WHEREAS, Berrane
Enterprises, Inc. has submitted Application No. UP-617-03, which
requests to amend the above-referenced Special Use Permit, pursuant to
Section 24.1-115(d)(2) of the York County Zoning Ordinance, by
authorizing a one-year extension of the deadline for establishing the
special use;
NOW, THEREFORE, BE IT
RESOLVED by the York County Board of Supervisors this the 6th day of
May, 2003, that Application No. UP-617-03, be, and it is hereby,
approved to authorize a one-year extension of the deadline for
establishing the special use approved by the Board on April 17, 2001
through the adoption of Resolution No. R01-64(R).
BE IT FURTHER
RESOLVED that failure to establish said special use in accordance with
the provisions set forth in Section 24.1-115(c)(1) of the Zoning
Ordinance within one (1) year from the date of approval of the amended
use permit shall cause the permit to terminate automatically.
On roll call the vote
was:
Yea:
(5) Zaremba, Noll, Wiggins, Shepperd, Burgett
Nay:
(0)
CLOSED MEETING.
At 10:42 p.m. Mr. Shepperd moved that the meeting be convened in
Closed Meeting pursuant to Section 2.2-3711(a)(1) of the Code of
Virginia pertaining to appointments to Boards and Commissions.
On roll call the vote
was:
Yea:
(5) Noll, Wiggins, Shepperd, Zaremba, Burgett
Nay:
(0)
Meeting Reconvened.
At 10:45 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 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 2.2-3711.1 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 6th day of May, 2003, hereby certifies that, to the best of each
member’s knowledge, (1) only public business matters lawfully exempted
from open meeting requirements by Virginia law were discussed in the
closed meeting to which this certification resolution applies, and (2)
only such public business matters as were identified in the motion
convening the closed meeting were heard, discussed, or considered by the
York County Board of Supervisors.
On roll call the vote
was:
Yea:
(5) Wiggins, Shepperd, Zaremba, Noll, Burgett
Nay:
(0)
APPOINTMENTS TO THE 2003-2004
YORK COUNTY YOUTH COMMISSION
Mr. Zaremba
moved the adoption of proposed Resolution R03-69 that reads:
A RESOLUTION TO
APPOINT MEMBERS TO THE YORK COUNTY YOUTH COMMISSION FOR 2003 - 2004
WHEREAS, the York
County Board of Supervisors established the York County Youth Commission
on March 3, 1983; and
WHEREAS, the revised
bylaws of December 5, 2000 direct there shall be up to fifteen
individuals appointed, three from each voting district, grades 9 through
12, to serve on the Commission;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors
on this 6th day of May, 2003, that the following individuals be, and
they hereby are, appointed to the York County Youth Commission for 2003
- 2004.
Name
Election District
Ben Frisch
1
Melissa Faye
McReynolds
1
David Horres 1
Aneesh Venkat
2
Katherine Kross
2
Caitlyn
O'Hara
2
Phillip
Burns
3
Ian N.
Gallagher
3
Jocelyn N.
Shook 3
Julia DiVito
4
Patrick
Hart
4
Ashley Tignor
4
Mark
Carpenter 5
Kristina
Hyatt 5
Chad Vaillancourt 5
BE IT FURTHER
RESOLVED that the above-named individuals’ terms will begin on July 1,
2003, and expire June 30, 2004.
On roll call the vote
was:
Yea:
(5) Shepperd, Zaremba, Noll, Wiggins, Burgett
Nay:
(0)
Meeting Adjourned.
At 10:50 p.m. Mr. Zaremba moved that the meeting be adjourned to
6:00 p.m., Tuesday, May 13, 2003, in the East Room, York Hall, for the
purpose of conducting a work session.
On roll call the vote
was:
Yea:
(5) Zaremba, Noll, Wiggins, Shepperd, Burgett
