BOS Minutes 02/12/02 Adjourned Meeting

Regular Meeting
August 19, 2003

7:00 P.M.

Meeting Convened. A Regular Meeting of the York County Board of Supervisors was called to order at 7:01p.m., Tuesday, August 19, 2003, in the Board Room, York Hall, by Vice-Chairman Thomas G. Shepperd.

Attendance. The following members of the Board of Supervisors were present: Walter C. Zaremba, Sheila S. Noll, Donald E. Wiggins, and Thomas G. Shepperd.

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

James S. Burgett was absent.

Invocation. Pastor Lynn Howard from Crossroads Community Church gave the invocation.

Pledge of Allegiance to the Flag of the United States of America. Vice-Chairman Shepperd led the Pledge of Allegiance.

PRESENTATIONS

CLEAN BUSINESS AWARDS

This presentation was postponed.

UNFINISHED BUSINESS

Vice-Chairman Shepperd asked the Board to modify the Agenda and move Unfinished Business forward.

By consensus, the Board members agreed to move the Unfinished Business forward.

YORKTOWN HISTORIC DISTRICT OVERLAY/YORKTOWN DESIGN GUIDELINES

Mrs. Noll recognized that the guidelines were a sensitive issue for some of the County’s citizens, and she stated the Board listens to the citizens, yet some felt misunderstood. She noted those citizens are now willing to work with the Board to make adjustments to the guidelines. She stated she supported tabling the matter on the good faith of the citizens to work with the Board on the design guidelines.

Mr. Wiggins stated he had spoken to the citizens of Yorktown, and he would like to give them the opportunity to help resolve the issues surrounding the guidelines. He opted to table the matter in an effort to explore more options and obtain citizens’ input.

Mr. Zaremba stated he also has met with citizens concerning the guidelines and stated that, at some point in the future, there would be guidelines for the Yorktown Village. He noted the Board is flexible and willing to give its citizens more time to become involved. He indicated the citizens would be willing to meet with the Board to discuss the guidelines, and he emphasized an agreement must be reached.

Vice-Chairman Shepperd stated that the village had gone on for more than 300 years, and he saw no hurry in approving the guidelines. He expressed his desire to have all members present for the vote; therefore, he was in favor of tabling the proposed resolution if the citizens would agree to help make meaningful progress.

Mr. Zaremba moved to table Agenda Item No. 5, proposed Ordinance No. 03-13 and proposed Resolution R03-78.

On roll call the vote was:

Yea: (4) Zaremba, Noll, Wiggins, Shepperd

Nay: (0)

CITIZENS COMMENT PERIOD

No citizens appeared to make comment this evening.

COUNTY ATTORNEY REPORTS AND REQUESTS

Mr. Barnett reported that the land swap between the County and the Colonial Historical National Park would be completed soon.

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

Mr. McReynolds reported a bird found in the Edgehill section of the County had tested positive for the West Nile Virus. The County, in conjunction with the Air Force, is stepping up its efforts to spray the area to combat mosquitoes. He reminded the Board of its next regular meeting on September 2, with a work session tentatively scheduled on September 9. A Regular Meeting is scheduled for September 16 to be followed by a work session on September 23.

Mr. Zaremba asked if there were any confirmed human West Nile cases and what the symptoms of the virus are.

Mr. John Hudgins, Director of Environmental and Development Services, stated he was not aware of any human cases. He listed some of the symptoms of the virus as flu-like and stated that most people did not know they had it.

MATTERS PRESENTED BY THE BOARD

Mr. Wiggins reminded everyone of the Route 17 Committee meeting to be held at the Tabb Library on August 20 and stated his support of this committee. He noted he had attended a RSVP meeting honoring senior volunteers, and he discussed some of the volunteers’ activities in the community. He commended the senior volunteers for their efforts.

Mrs. Noll noted she had attended the Ruritan’s dinner at Nick’s Seaford Pavilion and gave some background on the organization and its many accomplishments to the community. She stated the volunteers were the heart of the County, and the County could not possibly have done as well without its volunteers. She thanked Mark Carter for the slide show he created for the program dating back to 1978.

Mr. Zaremba mentioned the County sign ordinance and questioned the inconsistency of signage put up by commercial developers attempting to lease a piece of property. He asked staff to examine the size of signs used by restaurants and commercial developers. He then discussed the zoning on Bypass Road and the proposed Hooters Restaurant and asked if something could be done to exclude a particular type of restaurant such as Hooters.

Mr. Barnett stated it may be difficult to draft a zoning ordinance which distinguishes Hooters from other restaurants, even if it were to be classified as adult use. He explained there is a great deal of judicial scrutiny placed on those types of ordinances.

Mr. Zaremba conceded there was probably little that could be done from a zoning standpoint to keep out a particular restaurant. He suggested a community could keep out a business if it is not wanted by not supporting that establishment.

Vice-Chairman Shepperd stated he had received an email from Langley Air Force Base with an update on the West Nile Virus with a positive case in a sentinel chicken. He also cited examples of the virus and suggested citizens get rid of any standing water in their yards. He stated he has received many calls regarding ditches and drainage issues and would like to see money put aside to establish permanent drainage fixes to the problem. He asked staff look at options for permanent solutions to drainage problems. He mentioned the tornado that went through the Runningman neighborhood, and he commended the County for being present to help citizens in that area.

CONSENT CALENDAR

Mr. Zaremba asked that Item Nos. 7 and 11 be removed from the Consent Calendar.

Mrs. Noll moved that the Consent Calendar be approved as amended, Item Nos. 6, 8, 9, and 10 respectively.

On roll call the vote was:

Yea: (4) Noll, Wiggins, Zaremba, Shepperd

Nay: (0)

Thereupon, the following minutes were approved and resolutions adopted:

Item No. 6. APPROVAL OF MINUTES

The minutes of the July 15, 2003, Regular Meeting of the York County Board of Supervisors were approved.

Item No. 8. VIRGINIA INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM (VIDA): Resolution R03-136

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE VIRGINIA INDIVIDUAL DEVELOPMENT ACCOUNT PROGRAM AND TO ACCEPT ANY GRANT FUNDS AWARDED TO THE COUNTY BY VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

WHEREAS, the York County Board of Supervisors has a long standing commitment to assisting the County’s low income citizens in meeting their housing needs and in becoming self-sufficient; and

WHEREAS, the Commonwealth of Virginia has offered York County a $100,000 Virginia Individual Development Account (IDA) grant which will provide funds to match the savings of those who participate in the program for the purposes of paying educational expenses, making down payments in the purchase of homes or for costs associated with starting small businesses; and

WHEREAS, this program represents a valuable resource for the County’s citizens and significantly enhances self-sufficiency activities implemented by the Community Services Department; and

WHEREAS, a portion of the grant funds can be used for administration in conjunction with existing staff and resources, therefore making it possible to implement this program with no local fiscal impact;

NOW, THEREFORE BE IT RESOLVED by the York County Board of Supervisors this the 19th day of August, 2003, that the County Administrator be, and he is hereby, authorized to accept funding in the amounts offered the County by the Virginia Department of Housing and Community Development (“the Department”) to execute any necessary grant agreements, related contracts, or other documents, subject to approval as to form by the County Attorney, to provide such additional information to the Department as may be required by the terms of the grant agreement, and to do all things necessary to implement the Virginia Individual Development Account Program.

BE IT FURTHER RESOLVED that the County Administrator is authorized to accept any subsequent offer of funding that would not exceed available resources for any required matches and to increase amounts appropriated in the budget if and when funds become available and to advise the Board of all such actions in writing.

Item No. 9. DESIGNATION OF AGENT FOR EMERGENCY SERVICES GRANT PROGRAMS: Resolution R03-138.

A RESOLUTION TO DESIGNATE THE COUNTY ADMINISTRATOR OR HIS DESIGNEE AS THE AGENT TO EXECUTE NECESSARY GRANT APPLICATIONS, AGREEMENTS, RELATED CONTRACTS OR OTHER DOCUMENTS RELATED TO GRANTS FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, THE NATIONAL DOMESTIC PREPAREDENSS OFFICE AND THE VIRGINIA DEPARTMENT OF EMERGENCY MANAGEMENT

WHEREAS, the Federal Emergency Management Agency, the National Domestic Preparedness Office and the Virginia Department of Emergency Management provide various grant funding and/or grant funding opportunities to localities within the Commonwealth of Virginia; and

WHEREAS, the grants are administered by the Department of Fire and Life Safety and are typically used to support emergency/disaster preparedness, response and mitigation efforts; and

WHEREAS, the grant applications, agreements, contracts and other documents may often require an official agent designation by the local governing body;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 19th day of August, 2003, that the County Administrator or his designee be and hereby is designated as the “agent” to execute the necessary grant applications, agreements, related contracts and other documentation subject to approval as to form by the County Attorney, to provide such additional information as may be required by the terms of the grant agreement, and to do all things necessary to implement the Federal Emergency Management Agency, the National Domestic Preparedness Office and/or the Virginia Department of Emergency Management Grant Program(s), as appropriate.

Item No. 10. APPLICAITON TO ISSUE BONDS TO FINANCE SCHOOL CAPITAL PROJECTS: Resolution R03-127.

A RESOLUTION AUTHORIZING YORK COUNTY TO SUBMIT AN APPLICATION TO VPSA FOR $4,500,000

WHEREAS, the Board of Supervisors has received a request from the York County School Board (the "School Board") to contract a debt and issue general obligation bonds of the County in the maximum amount of $4,500,000 to finance certain capital improvements for public school purposes (the "Bonds") and to sell such bonds to the Virginia Public School Authority ("VPSA"); and

WHEREAS, the Board of Supervisors has determined that it may be necessary or desirable to advance money to pay the costs for such capital projects for public school purposes (the "Projects") and to reimburse such advances with proceeds of one or more financings;

NOW, THEREFORE, BE IT RESOLVED, by the York County Board of Supervisors this the 19th day of August, 2003:

1. The Board of Supervisors adopts this declaration of official intent under Treasury Regulations Section 1.150.2. The Board of Supervisors reasonably expects to reimburse advances made or to be made by the County or the School Board to pay the costs of acquiring, constructing and equipping the Projects from the proceeds of the Bonds to be issued in the maximum amount of $4,500,000.

2. The County Administrator is authorized and directed to submit an application to the VPSA in order to sell the Bonds to the VPSA at the Fall 2003 VPSA bond sale.

3. This resolution shall take effect immediately upon its adoption.

Item No. 7. COLONIAL SERVICES BOARD CONTRACT: Resolution R03-123 (Removed from the Consent Calendar)

Mr. Zaremba questioned the cost of this service to the County and asked what the County was committed to fund.

Mrs. Anne B. Smith, Director of Community Services, explained it was a finite number of dollars and a part of the Board’s deliberations when the budget was considered for FY04. The amount to the County is $495,903 from a total of $9,579,310 from all sources – federal, state, and the other member jurisdictions.

Discussion ensued regarding costs of services.

Mr. Zaremba then moved proposed Resolution R03-123 that reads:

A RESOLUTION TO AUTHORIZE EXECUTION OF A CONTRACT BETWEEN THE COUNTY OF YORK AND THE COLONIAL SERVICES BOARD FOR THE DELIVERY OF SERVICES

WHEREAS, Section 37.1-195 of the Code of Virginia, 1950 as amended, requires each locality to establish, singly or in combination, a community services board for the provision of mental health, mental retardation, and substance abuse services to its residents; and

WHEREAS, pursuant to this statutory provision, the County of York has established the regional Colonial Community Services Board in conjunction with James City County and the Cities of Williamsburg and Poquoson; and

WHEREAS, Section 37.1-197(A)(2) requires local governments to review and act on the Annual Performance Contract with the Community Services Board and to make appropriate appointments to that Board; and

WHEREAS, the Board of Supervisors has reviewed the proposed Performance Contract between the County of York and the Colonial Community Services Board and found it to be acceptable;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 19th day of August, that the proposed FY2004 Annual Performance Contract between the County of York and the Colonial Community Services Board is approved and that the County Administrator be, and he hereby is, authorized to execute the agreement and to take all actions necessary to assure that services are delivered to the citizens of York County.

On roll call the vote was:

Yea: (4) Noll, Wiggins, Zaremba, Shepperd

Nay: (0)

Item No. 11. CAPITAL PROJECT FINANCING: Proposed Resolutions R03-125 and R03-126. (Removed from Consent Calendar)

Proposed Resolution R03-125:

Mr. Zaremba asked about the overall figure of $24 million in relation to the $10 million figure as written in the Board’s memo.

Ms. Carol White, Director of Financial and Management Services, explained that the $10 million related specifically to the area that is under the design-build contract. She explained that the areas under that contract were those as shown on the model in the County Administration building. The $22/24 million figure is the overall cumulative figure for the entire Yorktown improvement effort.

Mr. Zaremba then moved the adoption of proposed Resolution R03-125 that reads:

A RESOLUTION OF THE BOARD OF SUPERVISORS OF YORK COUNTY DECLARING ITS INTENT TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION, AND EQUIPPING OF CERTAIN YORKTOWN CAPITAL IMPROVEMENT PROJECTS

WHEREAS, the County of York, Virginia (the “County”) is a political subdivision organized and existing under the laws of the Commonwealth of Virginia; and

WHEREAS, the Board of Supervisors of the County (the “Board”) expects to pay after the date hereof, certain expenditures (the “Expenditures”) in connection with the acquisition, construction, and/or equipping of Yorktown capital improvement projects (the “Project”); and

WHEREAS, the Board has determined that any moneys previously advanced no more than sixty (60) days prior to the date hereof, and those moneys to be advanced on and after the date hereof to pay the Expenditures, are available only for a temporary period and it is necessary to reimburse the County for the Expenditures from the proceeds of one or more issues of tax-exempt bonds (“Bonds”);

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 19th day of August, 2003, as follows:

Section 1. The Board hereby declares its intent to reimburse itself with the proceeds of the Bonds for the Expenditures with respect to the Project made on and after that date which is no more than sixty (60) days prior to the date hereof. The Board reasonably expects on the date hereof that it will reimburse the Expenditures with the proceeds of the Bonds.

Section 2. The maximum principal amount of the Bonds expected to be issued for the Project is $10,000,000.

Section 3. The County will make a reimbursement allocation, which is a written allocation by the County that evidences the County’s use of proceeds of the Bonds to reimburse an Expenditure, no later than eighteen (18) months after the later of the date on which the Expenditure is paid or the Project is placed in service or abandoned, but in no event more than three (3) years after the date on which the Expenditure itself is paid. The County recognizes that exceptions are available for certain “preliminary expenditures,” costs of issuance, certain de minimis amounts, expenditures by “small issuers” (based on the year of issuance and not the year of expenditure) and expenditures for construction projects of at least five (5) years.

Section 4. This resolution shall take effect immediately upon its passage.

On roll call the vote was:

Yea: (4) Wiggins, Zaremba, Noll, Shepperd

Nay: (0)

Proposed Resolution R03-126:

Mr. Zaremba questioned the $4.5 million reimbursement when the County has not spent that much yet on communications.

Ms. White explained that if the Board decided to go forward this evening with the Emergency Communications System Upgrade, this action would allow the County to proceed with the contract. She further explained over the last three years the County has been setting aside approximately $500,000 towards the project, with the intent that the remaining $4.5 million out of the $10 million project would be borrowed. If approved, the resolution would allow the County to expend funds before the bonds are issued.

Mr. Zaremba then moved the adoption of proposed Resolution R03-126 that reads:

A RESOLUTION OF THE BOARD OF SUPERVISORS OF YORK COUNTY DECLARING ITS INTENTION TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR MORE FINANCINGS TO UPGRADE THE COMMUNICATIONS SYSTEM

WHEREAS, the County of York, Virginia (the “County”) is a political subdivision organized and existing under the laws of the Commonwealth of Virginia; and

WHEREAS, the Board of Supervisors of the County (the “Board”) has determined that it may be necessary or desirable to advance money to pay for a portion of the costs to upgrade the communications system (the “System”);

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 19thday of August, 2003, as follows:

Section 1. The Board adopts this declaration of official intent under Treasury Regulation Section 1.150-2.

Section 2. The Board reasonably expects to reimburse advances made or to be made by the County on and after that date which is no more than sixty (60) days prior to the date hereof to pay the costs of acquiring the System from the proceeds of its debt or other financings. The maximum amount of debt or other financing expected to be issued in one or more series for the System is $10,000,000.

Section 3. This resolution shall take effect immediately upon its adoption.

On roll call the vote was:

Yea: (4) Zaremba, Noll, Wiggins, Shepperd

Nay: (0)

PUBLIC HEARINGS

AMENDMENT OF COUNTY CODE SECTION 2-4

Mr. Barnett gave a presentation on proposed Ordinance No. 03-30 to amend the York County Code section requiring certain successful job applicants pay the cost of a criminal records check.

Vice-Chairman Shepperd called to order a public hearing on proposed Ordinance No. 03-30 which was duly advertised as required by law and is entitled:

AN ORDINANCE TO AMEND YORK COUNTY CODE SECTION 2-4 TO DELETE THE REQUIREMENT THAT JOB APPLICANTS BE REQUIRED TO PAY THE COST OF FINGERPRINTING AND CRIMINAL RECORDS CHECKS

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

Mrs. Noll then moved the adoption of proposed Ordinance R03-30 that reads:

AN ORDINANCE TO AMEND YORK COUNTY CODE SECTION 2-4 TO DELETE THE REQUIREMENT THAT JOB APPLICANTS BE REQUIRED TO PAY THE COST OF FINGERPRINTING AND CRIMINAL RECORDS CHECKS

BE IT ORDAINED by the York County Board of Supervisors, this 18^th day of August, 2003, that section 2-4, York County Code, be and it is hereby amended, effective as of July 1, 2003, to read and provide as follows:

Sec. 2-4. Authority to obtain criminal history record information.

(a) Whenever in the course of investigations of applicants who have been selected for public employment it is necessary in the interest of the public welfare or safety to determine if the past criminal conduct of the applicant is compatible with the nature of the employment, or when the provisions of this Code require the disclosure of criminal history information by an applicant, or the applicant's employees, in order for some privilege to be granted by the county or when such Code requires a criminal history record check of an applicant, or the applicant's employees, the county administrator shall be authorized to obtain the criminal history record of such applicant, or such applicant's employees, from the Virginia Central Criminal Records Exchange or other appropriate sources.

(b) The county administrator is specifically authorized pursuant to the provisions of Section 19.2-389 (A) (7), Code of Virginia, to request from the Virginia Central Criminal Records Exchange the criminal history record of any applicant who has been selected for public employment whose anticipated duties or responsibilities would require (i) access to public records or to personal information as defined in Section 2.1-379, Code of Virginia, (ii) accountability for public funds, (iii) access to county supplies, (iv) entry into secured areas outside of working hours, (v) right of entry onto private property, or (vi) child care or assistance to the elderly or disabled. The applicant shall submit to fingerprinting and shall provide the county administrator with personal descriptive information to be forwarded along with the applicant's fingerprints through the Virginia Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal record history information regardin the applicant.

(c) The criminal history record information provided in accordance with this section shall be used solely to assess eligibility for public employment or service, or for the permit applied for, and shall not be disseminated to any person not involved in the assessment process. If an applicant is denied employment because of information appearing in his criminal record history, the county administrator or his designee shall notify the applicant that information from the Virginia Central Criminal Records Exchange contributed to such denial.

On roll call the vote was:

Yea: (4) Noll, Wiggins, Zaremba, Shepperd

Nay: (0)

APPLICATION NOS. ZM-75-03 AND UP-620-03, CITY OF WILLIAMSBURG AND HERITAGE HUMANE SOCIETY.

Mr. Carter gave a presentation on Application No. ZM-75-03 to reclassify property on Waller Mill Road from resource conservation to rural residential, and Application No. UP-620-03 to approve a use permit authorizing the expansion of the animal shelter located at 430 Waller Mill Road. The Planning Commission considered the applications and forwarded them to the Board of Supervisors with a recommendation of approval, and staff recommended approval of the applications through the adoption of proposed Ordinance No. 03-33 and proposed Resolution R03-129.

Mr. Zaremba asked if rural residential was the only zoning category that allowed animal shelters.

Mr. Carter explained that shelters were also allowed in the two industrial districts.

Mr. Zaremba noted that the fund raising requirement underlying the expansion falls short of the expectations of what the Humane Society had originally intended to do. He asked if something could evolve on that piece of land since zoning it RR would be inconsistent with the vision for that part of the County.

Mr. Carter stated staff feels the County is well-protected because the City of Williamsburg would continue to own the property, and this was a lease arrangement.

Discussion ensued over zoning issues.

Vice-Chairman Shepperd questioned zoning the area R20, stating if the City wanted, it could put houses in that area. He asked if the size was typical for an animal shelter and when the Society projected outgrowing this facility.

Mr. Sheldon Franck, representing the applicant, stated the goal is to design a facility that would be good for 20 years, both for capacity and the building structure.

Discussion continued on facility use.

Vice-Chairman Shepperd called to order a public hearing on Applications ZM-75-03 and UP-620-03 that were duly advertised as required by law. Proposed Ordinance No. 03-33 is entitled:

AN ORDINANCE TO AMEND THE YORK COUNTY ZONING MAP BY RECLASSIFYING APPROXIMATELY 4.2 ACRES ON WALLER MILL ROAD (ROUTE 713) FROM RC (RESOURCE CONSERVATION) TO RR (RURAL RESIDENTIAL)

Proposed Resolution R03-129 is entitled:

A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE A MAJOR EXPANSION OF AN ANIMAL SHELTER LOCATED AT 430 WALLER MILL ROAD (ROUTE 713)

Mr. William Wilkins, 433 Waller Mill Road, asked the Board to deny the request to approve this application. He expressed his concerns about the property values in the area near his home, as well as the traffic and parking problems when school is in session.

Mr. Franck spoke on the matter of necessity and the state’s change in regulations at the beginning of the year. He stated the current facility does not comply with regulations, and the Society is concerned about being cited for violations that would incur fees. He explained that this charitable organization provided a public service for the surrounding localities, and the new facility would include indoor runs, soundproofing, and an expanded parking lot. He stated the surrounding communities will have a first-class organization that is doing an excellent job of addressing this need.

There being no one else present who wished to speak concerning the subject applications, Vice-Chairman Shepperd closed the public hearing.

Mr. Wiggins commended the members of the Heritage Humane Society’s Board that were present this evening. He then stated he felt this was a good location for the facility and expressed his support of the application.

Mr. Zaremba expressed his empathy for Mr. Wilkins, but explained the Board’s responsibility was to try and benefit the community as a whole, including Williamsburg and James City County. He explained this facility was a needed requirement, and he based his decision on the community as a whole and not just on an individual.

Mrs. Noll then moved the adoption of proposed Ordinance No. 03-33 that reads:

AN ORDINANCE TO AMEND THE YORK COUNTY ZONING MAP BY RECLASSIFYING APPROXIMATELY 4.2 ACRES ON WALLER MILL ROAD (ROUTE 713) FROM RC (RESOURCE CONSERVATION) TO RR (RURAL RESIDENTIAL)

WHEREAS, the City of Williamsburg and the Heritage Humane Society have submitted Application No. ZM-75-03 to amend the York County Zoning Map by reclassifying from RC (Resource Conservation) to RR (Rural Residential) approximately 4.2 acres of land located along Waller Mill Road (Route 713) approximately 0.76-mile northeast of its intersection with Mooretown Road (Route 603) and further identified as Assessor’s Parcel No. 6-4C and a portion of Assessor’s Parcel No. 6-4; and

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

WHEREAS, the Planning Commission recommends approval of this application; and

WHEREAS, the York County Board of Supervisors has conducted a duly advertised public hearing on this application; and

WHEREAS, the Board has carefully considered the public comments and Planning Commission recommendation with respect to this application;

NOW, THEREFORE, BE IT ORDAINED by the York County Board of Supervisors this the 18th day of August, 2003, that Application No. ZM-75-03 be, and it hereby is, approved to amend the York County Zoning Map by reclassifying from RC (Resource Conservation) to RR (Rural Residential) approximately 4.2 acres of land located along Waller Mill Road (Route 713) approximately 0.76-mile northeast of its intersection with Mooretown Road (Route 603), further identified as Assessor’s Parcel No. 6-4C and a portion of Assessor’s Parcel No. 6-4 and more fully described and identified as follows:

Beginning at a point at the intersection of the southwest corner of the property belonging to the City of Williamsburg and the right-of-way of Route 713, thence traveling along said right-of-way in a southwest direction a distance of 100.01’ to a point, thence N 45° 43’ 43” W a distance of 371.33’ to a point, thence N 39° 49’ 58” E a distance of 438.33’ to a point, thence S 61° 52’ 01” E a distance of 327.52’ to a point on said right-of-way of Route 713, thence along said right-of-way in a southwest direction a distance of 442.29’ to the point of beginning, being all that property owned by the City of Williamsburg, GPIN# D16D-4258-0831, recorded in the Clerk’s Office of York County in Deed Book 694 at page 232, and a portion of the property owned by the City of Williamsburg, GPIN# D17D-4411-0443.

On roll call the vote was:

Yea: (4) Zaremba, Noll, Wiggins, Shepperd

Nay: (0)

Mrs. Noll then moved the adoption of proposed Resolution R03-129 that reads:

A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE A MAJOR EXPANSION OF AN ANIMAL SHELTER LOCATED AT 430 WALLER MILL ROAD (ROUTE 713)

WHEREAS, the City of Williamsburg and the Heritage Humane Society have submitted Application No. UP-620-03, pursuant to Section 24.1-115(d)(3) of the York County Zoning Ordinance, which seeks to expand an animal shelter by constructing a 14,000 square foot building to replace an existing 2,720-square foot building on property located at 430 Waller Mill Road (Route 713) approximately 0.76-mile northeast of its intersection with Mooretown Road (Route 603) and further identified as Assessor’s Parcel No. 6-4C and a portion of Assessor’s Parcel No. 6-4; and

WHEREAS, the proposed expansion exceeds 25% and therefore constitutes a major expansion of a legally conforming special use, pending the approval of Application No. ZM-75-03; and

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

WHEREAS, the Planning Commission recommends approval of this application; and

WHEREAS, the York County Board of Supervisors has conducted a duly advertised public hearing on this application; and

WHEREAS, the Board has carefully considered 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 19th day of August, 2003, that Application No. UP-620-03 be, and it hereby is, approved to authorize a major expansion of an animal shelter located at 430 Waller Mill Road (Route 713) approximately 0.76-mile northeast of its intersection with Mooretown Road (Route 603), further identified as Assessor’s Parcel No. 6-4C and a portion of Assessor’s Parcel No. 6-4 and more fully described and identified as follows:

BE IT FURTHER RESOLVED that approval of this application shall be subject to the following conditions:

1. This approval shall authorize the expansion of an animal shelter located at 430 Waller Mill Road (Route 713) approximately 0.76-mile northeast of its intersection with Mooretown Road (Route 603) and further identified as Assessor’s Parcel No. 6-4C and a portion of Assessor’s Parcel No. 6-4. Said expansion shall consist of the construction of a new 14,000-square foot building with associated off-street parking to replace an existing 2,720-square foot building on the referenced property.

2. A site plan, prepared in accordance with the provisions of Article V of the York County Zoning Ordinance, shall be submitted to and approved by the York County Department of Environmental and Development Services, Division of Development and Compliance, prior to the commencement of any land clearing or construction activities on the site. Said site plan shall be in substantial conformance with the Conceptual Plan titled “Heritage Humane Society Animal Shelter,” prepared by VHB, Inc. and dated April 1, 2003, except as modified herein. This shall not be construed to prohibit non-material and insignificant modifications, shifts in location, or slight changes in shape or configuration.

3. Except as necessary to (a) reconstruct the entrance to the site, (b) install an identification sign, and (c) open limited sight lines for the sign, no clearing shall occur within the required 20-foot front landscape yard along the street right-of-way for Waller Mill Road (in the area labeled “Undisturbed Woodland” on the reference conceptual plan). The landscape yard shall be left in an undisturbed natural state, shall be supplemented as necessary with additional plantings, consisting of a mix of deciduous and evergreen trees and shrubs, as depicted on the reference concept plan.

4. In accordance with Section 24.1-260(f) of the Zoning Ordinance, all outdoor lighting in excess of 3,000 initial lumens associated with the development shall be designed, installed, and maintained to prevent unreasonable or objectionable glare onto Waller Mill Road and adjacent properties and shall incorporate the use of full cut-off luminaries.

5. A minimum of 32 off-street parking spaces shall be provided as part of the first construction phase – consisting of approximately 11,000 square feet of gross floor area exclusive of the accessory Spayth Building – of the expansion. Prior to the commencement of the second construction phase, the applicant shall submit to the Zoning Administrator a site-specific parking study to determine if the 32 parking spaces will be sufficient to accommodate the anticipated parking demand associated with animal shelter at full development (i.e., 14,000 square feet of gross floor area exclusive of the accessory Spayth Building). Based on his review of the study, the Zoning Administrator shall determine if additional parking is needed and, if so, shall require additional spaces to be provided as a condition of approval for the second construction phase.

6. Development of the subject parcel shall be in accordance with the requirements of the Watershed Management and Protection Area overlay district contained in Section 24.1-376 of the Zoning Ordinance. Accordingly, the above-referenced site plan shall be accompanied by an impact study prepared in accordance with the requirements set forth in Section 24.1-376(f) of the Zoning Ordinance.

7. All animals shall be kept within a completely enclosed building in pens or other enclosures designed and maintained for secure confinement, provided, however, that the shelter may provide an outdoor “court hold area” for the sole purpose of keeping animals that are being held pending the outcome of a court case and require confinement in a secure facility separate from the other animals. Said “court hold area” shall be enclosed with fencing or walls and shall be located to the rear of the shelter in the general location depicted on the conceptual plan.

8. The new building shall be adequately soundproofed and constructed so that there will be no emission of odor or noise detrimental to other properties or uses in the area.

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

On roll call the vote was:

Yea: (4) Noll, Wiggins, Zaremba, Shepperd

Nay: (0)

APPLICATION NO. UP-619-03, DANIEL AND LORINA FORREST

Mr. Carter gave a presentation on Application No. UP-619-03 to approve a use permit authorizing the commercial use of an existing stable located at 516 Yorktown Road. He stated that 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 R03-130.

Mr. Danny Forrest, the applicant, appeared to answer any questions the Board may have and explained this property had been in his family many years and they would like it to remain the way it is.

Vice-Chairman Shepperd called to order a public hearing on Application No. UP-619-03 that was duly advertised as required by law. Proposed Resolution R03-130 is entitled:

A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE A COMMERCIAL STABLE ON PROPERTY LOCATED AT 516 YORKTOWN ROAD (ROUTE 706)

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

Mr. Zaremba then moved the adoption of proposed Resolution R03-130 that reads:

A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE A COMMERCIAL STABLE ON PROPERTY LOCATED AT 516 YORKTOWN ROAD (ROUTE 706)

WHEREAS, Daniel W. and Lorinda D. Forrest have submitted Application No. UP-619-03 to request a Special Use Permit, pursuant to Section 24.1-306 (category 2, number 8) of the York County Zoning Ordinance, to authorize a commercial use of an existing stable on approximately 16 acres located on the south side of Yorktown Road (Route 706), approximately one half mile east of its intersection with Hampton Highway (Route 134) and further identified as Assessor’s Parcel No. 30-181; and

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

WHEREAS, the Planning Commission recommends approval of this application; and

WHEREAS, the York County Board of Supervisors has conducted a duly advertised public hearing on this application; and

WHEREAS, the Board has carefully considered 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 19th day of August, 2003, that Application No. UP-619-03 be, and it hereby is, approved to authorize a Special Use Permit for the commercial use of an existing stable located at 516 Yorktown Road on approximately 16 acres of property on the south side of Yorktown Road (Route 706), approximately one half mile east of its intersection with Hampton Highway (Route 134) and further identified as Assessor’s Parcel No. 30-181.

BE IT FURTHER RESOLVED that approval of this application shall be subject to the following conditions:

1. This Special Use Permit shall authorize the commercial use of an existing stable located at 516 Yorktown Road on approximately 16 acres of property on the south side of Yorktown Road (Route 706), approximately one half mile east of its intersection with Hampton Highway (Route 134) and further identified as Assessor’s Parcel No. 30-181.

2. All activities shall comply with Section 24.1-414, Standards for Horsekeeping and Commercial Stables, of the York County Zoning Ordinance and Chapter 4, Article II, Livestock, of the York County Code.

3. A maximum of seven (7) horses, whether owned by the property owner or others, shall be allowed on the property.

4. The applicant shall provide a minimum of four (4) off-street parking spaces in conjunction with the commercial stable operation.

5. The applicant shall provide the County with a soil conservation and management plan prepared by the Colonial Soil and Water Conservation District which shall include:

(1) a nutrient management plan for the proper storage and application of animal waste;

(2) an erosion control plan to ensure the integrity of the slopes; and

(3) a best management practices program for controlling and treating surface runoff.

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

On roll call the vote was:

Yea: (4) Wiggins, Zaremba, Noll, Shepperd

Nay: (0)

THROUGH TRUCK RESTRICTIONS – WOLF TRIP, CLAXTON CREEK AND PURGOLD ROADS

Mr. Carter briefed the Board on proposed Resolutions R03-134 and R03-135 to request that VDOT and the Commonwealth Transportation Board establish restrictions on through truck traffic on Wolf Trap, Claxton Creek and Purgold Roads. He stated that staff recommends the endorsement of this proposal to request VDOT to initiate the review process for considering the establishment of through truck restrictions on these three roads.

Vice Chairman Shepperd called to order a public hearing on proposed Resolutions R03-134 and R03-135 which were duly advertised as required by law and are entitled:

A RESOLUTION TO REQUEST THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE COMMONWEALTH TRANSPOR-TATION BOARD TO ESTABLISH A RESTRICTION ON THROUGH TRUCK TRAFFIC ON WOLF TRAP ROAD

A RESOLUTION TO REQUEST THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE COMMONWEALTH TRANSPORTATION BOARD TO ESTABLISH RESTRICTIONS ON THROUGH TRUCK TRAFFIC ON CLAXTON CREEK ROAD AND PURGOLD ROAD

Ms. Virginia Leonard, 105 Harlan Drive, expressed her concerns regarding Wolftrap Road. She cited examples of difficulties getting onto Wolftrap Road from her neighborhood due to speeding traffic. She asked the Board to help make her neighborhood safe.

Dr. Elizabeth Leonard-Ryan, 100 Corbett Place, also spoke concerning the safety of Wolftrap Road. She explained it had become a dangerous road resulting in fatal accidents. She stated a major problem was the curvature of the road and the blind entrances. She cited the speeding trucks and the new Wawa that will open up on Wolftrap Road creating more traffic.

Mr. Dan Leonard, 105 Harlan Drive, spoke in support of the restrictions on through truck traffic on Wolftrap Road. He cited the dangers on Wolftrap Road, including the increased traffic in the last ten years. He also requested that the speed limit be reduced near the soccer and baseball fields.

There being no one else present who wished to speak concerning the subject resolutions, Vice Chairman Shepperd closed the public hearing.

Mr. Wiggins stated that trucks should be restricted to use Goodwin Neck Road, the same way as the oil refinery intended for the trucks to travel to its facility. He mentioned the landfill off Wolftrap and how the trucks have to get to it. He suggested they use Route 17 to go to the landfill and then back to Route 17.

Mr. Carter stated as long as the trucks stopped at the landfill, they could go to the landfill from Route 17, and then exit out to Goodwin Neck Road.

Discussion ensued on roads traveled by trucks destined to the landfill.

Mrs. Noll then moved the adoption of proposed Resolution R03-134 that reads:

A RESOLUTION TO REQUEST THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE COMMONWEALTH TRANSPOR-TATION BOARD TO ESTABLISH A RESTRICTION ON THROUGH TRUCK TRAFFIC ON WOLF TRAP ROAD

WHEREAS, a recent increase in through truck traffic along Wolf Trap Road (Route 630) has led the Department of Fire and Life Safety to recommend the establishment of a “No Through Trucks” restriction on Wolf Trap Road; and

WHEREAS, in accordance with the “Procedures for Considering Requests for Restricting Through Trucks on Secondary Highways” established by the Commonwealth Transportation Board, the Board of Supervisors must formally request the establishment of such restrictions subsequent to conducting a duly advertised public hearing; and

WHEREAS, the Board of Supervisors has reviewed the proposed restriction in light of the criteria established by the Virginia Department of Transportation pertaining to the eligibility of streets for such restrictions and is of the opinion that a sufficient number of the required criteria are met; and

WHEREAS, the proposed alternate route – Goodwin Neck Road (Route 173) – is designed to accommodate commercial and industrial truck traffic; and

WHEREAS, the Board has conducted a duly advertised public hearing on this matter and has carefully considered the public comments;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors, this the 19thday of August, 2003, that the Virginia Department of Transportation and the Commonwealth Transportation Board be, and they are hereby, requested to consider the establishment of a “No Through Trucks” restriction on Wolf Trap Road (Route 630) between Goodwin Neck Road (Route 173) and George Washington Memorial Highway (Route 17).

BE IT FURTHER RESOLVED that the segment of Goodwin Neck Road between Wolf Trap Road and Route 17 and the segment of Route 17 between Goodwin Neck Road and Wolf Trap Road be considered and designated as the alternate route for through truck traffic.

BE IT STILL FURTHER RESOLVED that the Board of Supervisors commits that it will request the York County Sheriff’s Office to monitor and enforce compliance with said restrictions, should they be approved and established by the Commonwealth Transportation Board.

On roll call the vote was:

Yea: (4) Zaremba, Noll, Wiggins, Shepperd

Nay: (0)

Mrs. Noll then moved the adoption of proposed Resolution R03-135 that reads:

A RESOLUTION TO REQUEST THE VIRGINIA DEPARTMENT OF TRANSPORTATION AND THE COMMONWEALTH TRANSPORTATION BOARD TO ESTABLISH RESTRICTIONS ON THROUGH TRUCK TRAFFIC ON CLAXTON CREEK ROAD AND PURGOLD ROAD

WHEREAS, the Seaford Scallop Company has requested that through truck traffic be restricted on Claxton Creek Road (Route 652) and Purgold Road (Route 625); and

WHEREAS, the Board of Supervisors has reviewed the request in light of the criteria established by the VDOT pertaining to the eligibility of streets for such restrictions and is of the opinion that a sufficient number of the required criteria are met; and

WHEREAS, the proposed alternate route – Back Creek Road (Route 718) and Shirley Road (Route 626) – is better able to accommodate commercial and industrial truck traffic; and

WHEREAS, the Board has conducted a duly advertised public hearing on this request and has carefully considered the public comments;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors, this the 19th day of August, 2003, that the Virginia Department of Transportation and the Commonwealth Transportation Board be, and they are hereby, requested to consider the establishment of “No Through Trucks” restrictions on Claxton Creek Road (Route 652) and Purgold Road (Route 625).

BE IT FURTHER RESOLVED that the segment of Back Creek Road between Claxton Creek Road and Shirley Road and the segment of Shirley Road between Back Creek Road and Purgold Road be considered and designated as the alternate route for through truck traffic.

On roll call the vote was:

Yea: (4) Noll, Wiggins, Zaremba, Shepperd

Nay: (0)

NEW BUSINESS

COMMUNITY ORIENTED POLICING SERVICES (COPS) GRANT

Mr. McReynolds gave a presentation on proposed Resolution R03-132 to accept the Community Oriented Policing Services (COPS) Grant for the York County Sheriff’s Office.

Mrs. Noll stated the Sheriff had shared his views with the Board and she was satisfied that her questions had been answered. She shared her concern about when a grant runs out and reiterated the Sheriff’s explanation that any money from the state would be used before he asked the Board for money.

Mrs. Noll then moved proposed Resolution R03-132 that reads:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ACCEPT A GRANT AWARD TO THE YORK COUNTY SHERIFF’S DEPARTMENT FROM THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE COMMUNITY ORIENTED POLICING SERVICES (COPS) PROGRAM FOR HIRING SIX ADDITIONAL OFFICERS

WHEREAS, the U.S. Department of Justice has awarded the York County Sheriff’s Office a three-year grant in the estimated amount of $450,000 in federal funds under the COPS Universal Hiring Program; and

WHEREAS, the required 25 percent local funding match will be available in the Sheriff’s operating budget in the subsequent years of the grant; and

WHEREAS, the uniform and vehicle costs are available in the Sheriff’s current year operating budget; and

WHEREAS, at the end of the grant period the officers will be retained by the department and will become fully locally funded:

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 19th day of August, 2003, that the County Administrator be, and hereby is, authorized to accept the grant awarded by U.S. Department of Justice under the COPS Universal Hiring Program grant.

On roll call the vote was:

Yea: (4) Wiggins, Zaremba, Noll, Shepperd

Nay: (0)

EMERGENCY COMMUNICATIONS SYSTEM UPGRADE

Mr. McReynolds explained that staff had been working on a proposal for several years to upgrade its emergency communications system to replace the current 25 year-old system. He stated the County had entered into a regional agreement with James City County to procure the system and share services that has produced a rather significant cost savings, and he then thanked James City County for its cooperation in this effort. He then introduced representatives from James City County, including James City County Administrator Sandy Wanner.

Mr. Terry Hall, Manager of Emergency Communications, gave a presentation on proposed Resolution R03-137 to authorize the complete procurement process for the development of a 800 MHz regional emergency communications system, purchased in conjunction with James City County, that will meet both the public safety and