Meeting Convened.  A Regular Meeting of the York County Board of Supervisors was called to order at 7:02 p.m., Tuesday, October 7, 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; J. Mark Carter, Assistant County Administrator; and James E. Barnett, County Attorney.

Invocation.  Miss Ashley Tignor, York County Youth Commission, gave the invocation.

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

PRESENTATIONS

RECOGNITION OF CERTIFICATIONS

The Honorable Ross Mugler, Commissioner of the Revenue, City of Hampton, and District President of the Commissioners of the Revenue Association, presented to York County Commissioner of the Revenue Ann Thomas her Master Commissioner of the Revenue Certificate; and to York County Chief Deputy Commissioner of the Revenue Sherry Fox her Master Deputy Commissioner of the Revenue Certificate.

YORK COUNTY YOUTH COMMISSION

Aneesh Venkat, Chairman of the 2003-2004 Youth Commission, made the first quarterly report of the 2003-2004 year.  He spoke of the organization session and orientation held at the Tabb Library, and stated the Commissioners are excited about the goals for the coming year.  He thanked Mr. McReynolds, Cheryl Sonderman, and Frank Rogers for information the new Commissioners received on County government. He noted the second day of the orientation the Commission participated in a ropes challenge course at Hampton Roads Academy where they were taught teamwork and leadership skills.  Mr. Venkat indicated that since orientation the Commission has been busy with meetings and subcommittee sessions on goals for the coming year, as well as identifying several projects such as sponsorship of the Vote Teen initiative and assisting the Yorktown Day Association.  He extended condolences to citizens who sustained property damage and loss during Hurricane Isabel, and he explained how the Youth Commission has had an opportunity to lend a helping hand by working on two projects:  waterfront recovery and helping two separate senior citizens this past weekend.

HURRICANE ISABEL DISASTER RECOVERY UPDATE

Fire Chief Stephen Kopczynski provided a briefing on the Hurricane Isabel Disaster Recovery program. He spoke of readiness preparations and the opening of the Emergency Operations Center on September 15 and the actions which took place up until the hurricane hit, including conference calls with state and federal agencies which took place each day until last week. Chief Kopczynski spoke of coordination with other emergency agencies to prepare for the on-coming storm, noting that shelter preparations were coordinated and opened on Wednesday, and the public was provided basic preparedness information. He then detailed the hurricane movements on Thursday, September 18, and the resulting evacuations, power outages, and damages that took place.  Work then proceeded to open primary roadways and access points, and a County-wide curfew was established.  On Friday, September 19, the President made a disaster declaration for Virginia, and the debris management efforts began.  The County's assessment team began work, and the building official started conducting structural assessments of damaged structures.  On September 21 the County received approval for federal disaster assistance, and water and ice distribution started and proceeded through September 28.  The County staff worked to restore the sewer system, and Disaster Recovery Centers were opened in affected areas.  Chief Kopczynski stated that by September 29 most areas had their power restored. He spoke of continued assessment efforts by the County and FEMA, and debris management and building official inspections will continue.  He stated the dedication and hard work of staff members and volunteers supported the citizens of York County in their time of need.

Mrs. Noll noted that in all accounts of the agencies involved, she didn't see VDOT mentioned, and she asked what role they played in the recovery efforts.

Chief Kopczynski indicated staff touched base with them on clearing the roads.  He stated most of VDOT’s activities now are in recovery of the roads.

Mr. Wiggins congratulated Chief Kopczynski and thanked him for what he and his employees did during the emergency.  He noted that Hurricane Isabel was the most tragic event in the lifetime of the current citizens. He asked how long did Chief Kopczynski think it would be before he had made a thorough analysis of the damage and could make recommendations regarding future emergency actions.

Chief Kopczynski stated he has not been able to establish a timeframe since staff is still dealing with the hurricane aftermath.  He indicated he has encouraged all departments to track their actions to see how they could improve emergency operations in their own shops, and everyone was jotting down lessons learned and putting them in the file.

CITIZENS COMMENT PERIOD

Ms. Jeanette Carter, 819 Baptist Road, addressed redevelopment and building in the Lackey area.  She indicated that William E. Wood was trying to build there, and she told him a lot of improvements were going to have to be made to utilities. Ms. Carter stated one of the biggest problems in her area is the building of more houses when mail can’t be delivered to the right houses now.  She stated the phone is still not working, and the utilities companies have been leaving things out on the highway that could be dangerous if kids get hold of them.  Ms. Carter stated she would appreciate any help the Board could provide.

COUNTY ATTORNEY REPORTS AND REQUESTS

Mr. Barnett had no report to make at this time.

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

Mr. McReynolds reminded the Board of Supervisors that next Wednesday a Legislative Breakfast was scheduled for 8:00 a.m. in the Gallery at York Hall.  The next Regular Meeting will be held October 21. A work session was originally scheduled for October 28 to discuss optional maintenance provisions, but he asked the Board to move the topics from the canceled work session on September 23, the Secondary Road Plan and the Route 17 Corridor Improvements, to the 28th of October and reschedule the maintenance provisions for a work session on December 9.

Mr. McReynolds then made comments about the hurricane, stating he and staff had been through a number of tabletop exercises and dry runs in fine tuning the County’s plans, never fully appreciating how much the plan would mean if a hurricane did hit.  He stated he was proud and pleased with how well the plan did work and how well the staff reacted.  He stated they came together as a team to address and solve problems in a relatively short period of time and did an excellent job of responding and getting things back to normal as soon as possible. Mr. McReynolds noted staff is looking at a tax abatement action for the citizens impacted by the storm, which will come to the Board soon.  The staff is now working very diligently on debris removal.

Mr. John Hudgins, Director of Environmental and Development Services, provided information on the debris removal operations in the County.  He thanked the Board of Supervisors and Mr. McReynolds for their support and noted he was proud of his staff who showed their strength during the storm and that they could think on their feet and work as a team to get the job done.  He noted the citizens, too, impressed him with their actions.  He stated staff started picking up debris about three days after the storm, and as of today about 190,000 cubic yards of debris had been picked up.  The first pass should be completed by the weekend, and the second pass should be completed within two weeks following that.  Mr. Hudgins stated he anticipates there will be about 700,000 cubic yards to be picked up.  Temporaries have been hired to help monitor the County’s contractor, and FEMA is monitoring the County efforts. VDOT has also brought in a contractor, and the different areas of responsibility for both organizations have been delineated.  He noted the problem is picking up construction debris in Dandy and Dare, and staff has asked the contractor to step up their efforts by bringing in some other equipment that can handle the Seaford area. With regard to debris reduction sites of New Quarter Park and the landfill, VPPSA is grinding at the landfill and they are burning also. Smoke created a significant problem, but it has been corrected. There is also a pit burning operation at the landfill.  The New Quarter Park site is pretty well isolated, and the burn can be controlled better there. Mr. Hudgins stated the ash will be rolled in the County’s compost facility at the landfill.

Discussion followed concerning the debris removal operations.

MATTERS PRESENTED BY THE BOARD

Mrs. Noll stated that on behalf of the citizens she has talked to, the crews coming into the neighborhoods were doing a really good job.  She indicated there is a lot of manpower and energy being used, and the citizens are happy with the work and are most appreciative.  The County was very fortunate in terms of the hurricane because no lives were lost, although there was a lot of damage.  The citizens have been fantastic helping each other out.  She echoed Mr. McReynolds’ comments about the staff and volunteers manning the Emergency Operations Center (EOC) during the storm, noting they were flexible and willing to go 110 percent to make sure everyone got the best care possible.  Mrs. Noll then spoke of the Congressional Hearing that took place today concerning the frustrations the communities were having with FEMA and its lack of response during the recent disaster. She stated there will be a reckoning for each organization as to how it responded, and it was important for the subcommittee to be here and hear what went on during the hurricane.

Chairman Burgett stated everyone was kept well informed in the EOC during the storm, and everyone did an excellent job.  The County has a good plan and did things that some of the other localities did not do.  He then indicated he had attended the Peninsula Mayors and Chairs meeting, and the talk was about the hurricane, and the localities agree that many lessons have been learned.  Chairman Burgett noted that when everyone came in this evening the Fifes and Drum were in full uniform and playing for anyone who wanted to listen.  He stated these young people are every bit as good as the professional organizations that other localities employ.

Meeting Recessed.  At 7:54 p.m. Chairman Burgett declared a short recess.

Meeting Reconvened.  At 8:02 p.m. the meeting was reconvened in open session by order of the Chair.

PUBLIC HEARINGS

LEASE AGREEMENT:  CHILD DEVELOPMENT RESOURCES, INC. (CDR)

Mr. McReynolds made presentation on proposed Resolution R03-153 to authorize the execution of a lease agreement with CDR for office space in the Griffin-Yeates Center building.

Chairman Burgett then called to order a public hearing on proposed Resolution R03-153 that was duly advertised as required by law and is entitled:

TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A LEASE AGREEMENT WITH CHILD DEVELOPMENT RESOURCES, INC., A NONPROFIT VIRGINIA CORPORATION, FOR OFFICE SPACE IN THE GRIFFIN-YEATES CENTER BUILDING LOCATED ON GOVERNMENT ROAD

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

Mrs. Noll moved the adoption of proposed Resolution R03-153 that reads:

TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A LEASE AGREEMENT WITH CHILD DEVELOPMENT RESOURCES, INC., A NONPROFIT VIRGINIA CORPORATION, FOR OFFICE SPACE IN THE GRIFFIN-YEATES CENTER BUILDING LOCATED ON GOVERNMENT ROAD

            WHEREAS, Child Development Resources, Inc., a nonprofit Virginia Corporation, operates the First Steps program whose purpose is to provide an early childhood educational experience and positive learning opportunities on behalf of economically disadvantaged and other qualified County citizens and which is located in the Griffin-Yeates Center on Government Road; and

 WHEREAS, Child Development Resources, Inc., has been implementing a federal grant that provides Early Head Start home based services to parents of infants and toddlers and has asked to rent an office with approximately 200 square feet also located within the Griffin-Yeates Center on Government Road to serve as a base of operations for personnel involved in the implementation of that grant; and

WHEREAS, the County desires to make available approximately 200 square feet of office space between Room 6 and Room 10 within the Griffin-Yeates Center located at 1490 Government Road, which is a building owned by the County of York, by the execution of a Lease Agreement for a term of one year with Child Develop­ment Resources, Inc.; and

WHEREAS, charges for that space shall be at a rate of $9.00 per square foot per year with the proceeds from such rental to be dedicated to the County Children’s Food Services program; and

WHEREAS, a public hearing on the proposed Lease Agreement, as required under the Code of Virginia, has been properly advertised and conducted on October 7, 2003;

NOW, THEREFORE BE IT RESOLVED by the York County Board of Supervisors this, the 7th day of October, 2003, that the County Administrator be, and he is hereby, authorized to execute a Lease Agreement with Child Development Resources, Inc. for approximately two hundred (200) square feet of office space between Room 6 and Room 10 within the Griffin-Yeates Center, for a term commencing November 1, 2003 and ending October 31, 2004, and in consideration of the sum of nine dollars ($9.00) per square foot per year.

BE IT FURTHER RESOLVED that proceeds from such rental shall be dedicated to the County Children’s Food Service program.

On roll call the vote was:

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

            Nay:     (0)

USE OF GRANT FUNDS FOR THE SHERIFF’S OFFICE

Mr. McReynolds made a presentation explaining the purpose of proposed Resolution R03-162 to authorize the acceptance of a grant award by the Federal Bureau of Justice Assistance for the purchase of equipment to be used for citizen safety, law enforcement, and crime prevention.

Discussion followed regarding the crime prevention trailer.

Chairman Burgett then called to order a public hearing on proposed Resolution R03-162 that was duly advertised as required by law and is entitled:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ACCEPT A GRANT AWARD TO YORK COUNTY BY THE FEDERAL BUREAU OF JUSTICE ASSISTANCE, AND APPROPRIATING THE SAME, FOR THE PURCHASE OF EQUIPMENT TO BE USED FOR CITIZEN SAFETY AND LAW ENFORCEMENT AND CRIME PREVENTION

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

Mrs. Noll moved the adoption of proposed Resolution R03-162 that reads:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ACCEPT A GRANT AWARD TO YORK COUNTY BY THE FEDERAL BUREAU OF JUSTICE ASSISTANCE, AND APPROPRIATING THE SAME, FOR THE PURCHASE OF EQUIPMENT TO BE USED FOR CITIZEN SAFETY AND LAW ENFORCEMENT AND CRIME PREVENTION

WHEREAS, the Federal Bureau of Justice Assistance has awarded York County a grant in the amount of $48,070 in federal funds under the Local Law Enforcement Block Grant Program, subject to a requirement for a 10 percent local match in the amount of $5,341; and

WHEREAS, funding exists in the Sheriff’s current operating budget to provide the required 10 percent match of $5,341; and

WHEREAS the grant will be used to purchase equipment to be used for citizen safety and law enforcement and crime prevention efforts;

NOW, THEREFORE, BE IT RESOLVED, by the York County Board of Supervisors, this the 7th day of October, 2003, that the County Administrator be, and hereby is, authorized to accept the grant awarded by the Bureau of Justice Assistance.

BE IT FURTHER RESOLVED, that an additional $53,411 be, and hereby is, appropriated in the General Fund for the purchase of equipment to support citizen safety and law enforcement and crime prevention efforts.

On roll call the vote was: 

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

            Nay:     (0)

REALIGNMENT AND VACATION OF A PORTION OF THEATRE ROAD

Mr. Barnett made a presentation on proposed Resolution R03-124 to authorize the realignment and vacation of a portion of Theatre Road in conjunction with the development of the Tabb area Wal-Mart store.

Chairman Burgett called to order a public hearing on proposed Resolution R03-124 that was duly advertised as required by law and is entitled:

A RESOLUTION AUTHORIZING THE REALIGNMENT AND VACATION OF A PORTION OF THEATRE ROAD (STATE ROUTE 706) IN CONJUNCTION WITH THE DEVELOPMENT OF THE TABB AREA WAL-MART STORE

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

Mrs. Noll moved the adoption of proposed Resolution R03-124 that reads:

A RESOLUTION AUTHORIZING THE REALIGNMENT AND VACATION OF A PORTION OF THEATRE ROAD (STATE ROUTE 706) IN CONJUNCTION WITH THE DEVELOPMENT OF THE TABB AREA WAL-MART STORE

            WHEREAS, the Virginia Department of Transportation has approved a plat depicting the additions, discontinuances and abandonments required in the secondary system of state highways with respect to the relocation of a portion of Theatre Road in York County, which plat is dated November 9, 2000, and entitled "Plat Showing Right-of-Way Dedication and Right-of-Way Vacation of Theatre Road, State Route 706, Bethel Magisterial District, County of York, Virginia," which plat is hereby incorporated herein by reference; and

            WHEREAS, the new portion of Theatre Road and Josephs Drive as shown on the plat serve the same citizens as those portions of the old road identified to be abandoned and those segments no longer serve a public need;

            NOW, THEREFORE, BE IT RESOLVED, the York County Board of Supervisors hereby orders, pursuant to § 33.1-155, Code of Virginia, the following segments of roads abandoned as part of the secondary system of state highways, at such time as the drainage, utility, and water line easements depicted on the referenced above have been deeded to the County of York, because a new road serving the same citizens has been built.

BE IT FURTHER RESOLVED, the York County Board of Supervisors hereby requests the Commissioner of the Virginia Department of Transportation to add the following segments of roads to the secondary system of state highways maintained by said highway.

             Those roadways shown on the plat as “Josephs Drive 70' R/W State Route 804" and “Theater Road Proposed 50’ R/W State Route 706”, together with those drainage and slope maintenance easements shown on the plat as being dedicated to the Virginia Department of Transportation and more specifically described on the attached SR-5A.

In the County of York

            By resolution of the governing body adopted   October 7, 2003

The following Form SR-5A is hereby attached and incorporated as part of the governing body's resolution for changes in the secondary system of state highways.

                                    Report of Changes in the Secondary System of State Highways

Form SR-5A

Secondary Roads Division 5/1/99

Project/Subdivision

Theatre Road Realignment

Type of Change:          Abandonment

                        The following facilities of the Secondary System of State Highways are hereby ordered abandoned, pursuant to the statutory  authority cited:

                        Reason for Change:                   Deduction, Abandonment due to Developer Project

                        Pursuant to Code of Virginia Statute:           §33.1-155

                 Route Number and/or Street Name

                        Theatre Road,   State Route Number 706

                             Description:          From:     Rt 17, George Washington Memorial Highway

                                                         To:          0.13 Mi South

                                                A distance of: 0.13 miles.

                             Right of Way Record:           Filed with the VDOT, State Plan 0017-099-101, C502, PE101

                             Description:          From:     Rt 17, George Washington Memorial Highway         

                                                         To:          0.02 Mi West

                                                A distance of: 0.02 miles.

                             Right of Way Record:           Filed with the VDOT, State Plan 0017-099-101, C502, PE101

Type of Change:          Addition

                        The following additions to the Secondary System of State Highways, pursuant to the statutory provision or provisions cited, are hereby requested, the right of way for which, including additional easements for drainage as required, is guaranteed:

                        Reason for Change:                   Addition, New subdivision street

                        Pursuant to Code of Virginia Statute:           §33.1-229

                 Route Number and/or Street Name

                        Josephs Drive,   State Route Number 804

                             Description:          From:     Rt 17, George Washington Memorial Highway         

                                                         To:          Turn-around

                                                A distance of: 0.07 miles.

                             Right of Way Record:

                        Theatre Road,   State Route Number 706

                             Description:          From:     Rt 804, Josephs Drive           

                                                         To:          Rt 706, Theatre Road

                                                A distance of: 0.13 miles.

                             Right of Way Record:

On roll call the vote was:

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

            Nay:     (0)

MATTERS PRESENTED BY THE BOARD   (Continued)

Mr. Zaremba spoke about Hurricane Isabel and specifically the County’s response to it.  He identified the different types of people and how each basic type reacts whenever there is a crisis.  He noted the largest group is the group of people that makes things happen, and the County staff made things happen—the EOC was up before the storm and operating throughout the storm, providing services to the citizens. They did that when their own families and homes were in harm's way.  He indicated the same goes for County law enforcement and Fire and Life Safety personnel. They removed literally thousands of trees from the roads. Dominion Virginia Power (DVP) was part of the group that made things happen also.  There were dozens of huge vehicles mobilized by DVP from other states and counties to restore electric power to the area as quickly as possible.  Another group is that part of society that watches things happen, and he noted that there were public service companies that watched and waited until DVP did their jobs before they would start, and they are still restoring service.  Mr. Zaremba stated the smallest group is the one that wonders what is happening, and that goes for another one of the public service companies.  He stated the County is fortunate that most of the entities in the County are make-things-happen types.  He also spoke about the down side he witnessed in response to the hurricane by the attempts by some to scam or maximize what they could because others were suffering.  He stated he felt there needs to be some type of reporting system to respond to this kind of nonsense.  Another area to be aware of is the cost associated with the crisis.  FEMA will pay a lot of the recovery costs, but the 8 percent to be paid by the County approaches $1 million which will impact the County’s budget.  He noted also that the County staff held a couple of forums for the citizens to provide them information on dealing with insurance companies and debris removal, and stated he had begun to hear already how many insurance policies didn't cover wind damage and water damage.  Mr. Zaremba suggested they contact the public adjuster listed in the yellow pages because their purpose in life is dealing with insurance companies to make sure a consumer doesn’t get the short end of the stick.

Mr. Wiggins also addressed the hurricane and its aftermath, stating he watched the waves crash up against his house and the trees fall.  He noted his business was without electricity for over a week.  He spoke of his time spent with County staff visiting areas that were hardest hit, and he stated he hopes never to see some of these sights again.  Many people lost everything they had, but the County is fortunate to not have lost any lives, although many people lost things that can never be recovered.  Mr. Wiggins expressed his thanks to the many people who helped others and their neighbors during the crisis. He then noted that as the debris is picked up the ditches will become clogged, and he asked the citizens to clean out their own ditches after the heavy debris has been removed to keep the stormwater moving.

Mr. Shepperd stated that DVP indicated the size of the storm was the size of Arizona, and everyone would still be digging out if the County had not had the a good plan in place.  He indicated he had experienced some pretty dramatic events in the many places he’s lived, but what struck him here was the attitude of the people after the storm in that it was tremendously positive.  He stated something will happen again in the future, so the County needs to take the lessons learned and apply them to preparing for the next major disaster.  Mr. Shepperd stated he felt the County needed to look into doing something about price gouging, that the Board had heard any number of prices for having trees removed.

CONSENT CALENDAR

Mr. Wiggins asked that Item No. 7 be removed from the Consent Calendar.

Mrs. Noll moved that the Consent Calendar be approved as amended, Item Nos. 4, 5, 6, and 8, respectively.

On roll call the vote was:

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

            Nay:     (0)

Thereupon, the following minutes were approved and resolutions adopted, Item Nos. 4, 5, 6, and 8, respectively:

Item No. 4.  APPROVAL OF MINUTES

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

            September 2, 2003, Regular Meeting

            September 9, 2003 Adjourned Meeting

Item No. 5.  DRUG TASK FORCE OFFICER:  Resolution R03-166

A RESOLUTION TO APPROPRIATE $10,105 FOR OVERTIME FOR THE OFFICER ASSIGNED TO THE DRUG TASK FORCE PROGRAM

            WHEREAS, on July 21, 2003, the Sheriff of York County entered into an agreement with the United States Department of Justice, Drug Enforcement Administration (DEA) to assign one law enforcement officer to the Norfolk Resident Office Task Force for a period of not less than two years; and

            WHEREAS, DEA will reimburse the York County Sheriff’s Office for overtime incurred by the officer assigned to the DEA office at an equivalent of 25% of the salary of a GS-10, step 1, Federal employee (currently $10,105), per officer;

            NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 7th day of October, 2003, that $10,105 be, and hereby is, appropriated in the General Fund to cover the costs of the overtime incurred by the officer assigned to the Norfolk Resident Office Task Force.

            BE IT FURTHER RESOLVED that additional funds received for the overtime incurred in the Drug Task Force Program be, and hereby are, appropriated in the General Fund to cover the costs of the program.

Item No. 6.  REVENUE SHARING PROJECTS FOR 2004:  Resolution R03-164

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AGREEMENTS WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE ADMINISTRATION OF THE REVENUE SHARING PROJECTS APPROVED FOR YORK COUNTY BY ACTION OF THE COMMONWEALTH TRANSPORTATION BOARD FOR FY2004 AND TO APPROPRIATE VDOT REVENUE SHARING FUNDS FOR SAID PROJECTS

            WHEREAS, the Virginia Department of Transportation (VDOT) has approved Revenue Sharing Program allocations for projects for: Route 17/Edgehill outfall drainage improvements, Moore’s Creek Drainage Area improvements, Route 171 streetscape improvements; Bypass Road streetscape improvements, and Grove Interchange landscape improvement; and

            WHEREAS, the County has pledged and appropriated matching funds for these projects; and

WHEREAS, in accordance with Revenue Sharing Program guidelines, the County may administer and implement eligible projects or may opt for administration and implementation by VDOT.

            NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 7th day of October, 2003, that the County Administrator be, and he is hereby, authorized to execute such agreements between York County and the Commonwealth of Virginia Department of Transportation as are necessary to provide for the implementation of the above-noted projects, said agreements to be approved as to form by the County Attorney.

            BE IT FURTHER RESOLVED that Revenue Sharing funds in the total amount of $380,000 to be received from the Virginia Department of Transportation for the projects be, and hereby are, appropriated in the County Capital Fund.  

Item No. 8.  AMENDMENTS TO BOARD POLICIES:  Resolution R03-156

A RESOLUTION TO ADOPT CERTAIN AMENDMENTS TO BOARD POLICY NUMBER BP94-08  

WHEREAS, the York County Board of Supervisors adopted the Board Policies Manual on October 20, 1994; and

WHEREAS, in accordance with Board Policy Number BP94-01, the County Administrator has conducted an annual review of the adopted Policies and has submitted recommendations for amendments; and

WHEREAS, the Board has carefully considered the recommendations set forth in the County Administrator’s report to the Board dated September 2, 2003, and has determined that approval of the proposed amendments is appropriate;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 7th day of October, 2003, that Board Policy Number BP94-08 be, and it is hereby, amended and adopted to read as set forth in the attachments to the County Administrator’s memorandum to the Board of Supervisors dated September 2, 2003. 

Item No. 7.  ZONING ORDINANCE AMENDMENT—CLUSTER SETBACK:  Proposed Resolution R03-165  (Removed from Consent Calendar)

Mr. Wiggins asked Mr. Carter if a detached building could be put within 5 feet of the property line as long as 17 feet is maintained on the other property line.

Mr. Carter stated the accessory building regulations allow detached accessory structures to be within 5 feet of the side or rear property line as long as they are behind the principal building. 

Mr. Wiggins stated his detached garage sits 5 feet from the property line, and his neighbor’s does also, so there is 10 feet.

Mr. Carter noted the proposed amendment only addresses the separation in the cluster situation.

Mr. Wiggins then moved the adoption of proposed Resolution R03-165 that reads:

A RESOLUTION TO SPONSOR AN APPLICATION TO AMEND SECTION 24.1-402, STANDARDS FOR OPEN SPACE DEVELOPMENT (CLUSTER TECHNIQUES), OF CHAPTER 24.1, ZONING (YORK COUNTY CODE) TO REVISE THE MINIMUM PRINCIPAL BUILDING SPACING STANDARDS TO REQUIRE A MINIMUM SEPARATION OF 20 FEET

WHEREAS, the terms of Section 24.1-402 currently provide for minimum building spacing to be governed by the terms of the Building Code, and for fire protection measures to be required and approved by the Fire Chief for any separations of less than twenty (20) feet; and           

WHEREAS, it has come to the attention of the Board of Supervisors that principal building separations of less than twenty (20) feet can be detrimental to community character, can limit access to rear yard areas, can contribute to a reduction in the amount of open space and pervious surface on a property, and can create increased risks and resource requirements for emergency services responses; and

WHEREAS, prior to 1995, the Zoning Ordinance required a minimum principal building spacing of twenty (20) feet and in the interest of good zoning practice the Board wishes to consider amendments that would reinstate that former standard.

            NOW, THERFORE, BE IT RESOLVED by the York County Board of Supervisors, this the 7th day of October, 2003, that it does hereby sponsor an application to amend Section 24.1-402 of the Zoning Ordinance to establish an absolute minimum spacing requirement of twenty (20) feet for principal buildings located in cluster (open space) developments;

BE IT FURTHER RESOLVED that the following proposed wording be, and it is hereby, forwarded to the York County Planning Commission for review and recommendation in accordance with applicable procedures.

***

Sec. 24.1-402.            Standards for open space development (cluster techniques).

 ***

(c)        Yard, size and dimension requirements.

(1)        There are no lot width or area requirements.

(2)        The above notwithstanding, any lots abutting the exterior boundary of the open space development shall be of the same size as would be required of conventional development unless the abutting development shall have been developed as an open space development. A lot shall be considered to be abutting unless it is separated by an area of open space which is not less than forty-five feet (45') in width.

(3)        The rear and side yards may be reduced to zero (0) provided that easements or covenants clearly establish the rights of the two abutting properties where principal buildings are to be constructed on or within five feet (5') of a property line.

(4)        The minimum setback from external streets shall be that which is prescribed in the underlying zoning district.

(5)        The minimum setback from internal public streets shall be thirty feet (30') from internal private driveways or streets the setback shall be established on the plan of development.

(6)        The minimum distance between any two buildings within the open space development shall be twenty feet (20'). Accessory building locations and setbacks shall be governed by the provisions set out in Section 24.1-273 of this Chapter.

(7)        Where flag lots are utilized, the "staff” portion shall be twenty feet (20') or greater in width.

On roll call the vote was:

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

            Nay:     (0) 

NEW BUSINESS

LEGISLATIVE PROGRAM—2004

Mr. McReynolds and Mrs. Anne Smith, Director of Community Services, made presentations providing an overview of the 2004 Legislative Program as proposed and to be approved by proposed Resolution R03-163.

Mrs. Noll indicated that under “removal of public officers” the word "employees" is not in the abbreviated version, and she asked that it be added.

A brief discussion followed concerning the legislation requesting the removal of elected officials under certain circumstances. 

Mr. Zaremba noted the Board would be meeting on October 15 with the County’s legislators as it does each year, and the County staff spends a large amount of time putting the Legislative Program together. The Board of Supervisors then explains its program requests, and waits until the General Assembly meets in February. The County Attorney reports back to the Board as the legislative process unfolds, but the County’s experience is not good with respect to its submittals.  Mr. Zaremba suggested that the Board never closes the loop with an after-action session with the legislators to find out why they did not support some of the requests, and he asked the Board members to consider scheduling such a session to determine how to make the process work better. 

Chairman Burgett agreed that a follow-up session was a good idea.

Mrs. Noll moved the adoption of proposed Resolution R03-163 that reads:

A RESOLUTION APPROVING THE COUNTY'S 2004 LEGISLATIVE PROGRAM

            WHEREAS, because of the applicability of Dillon's Rule in Virginia, York County is dependent upon the General Assembly to adopt specific enabling legislation in many instances in order to enable the County to provide efficient and effective services and government to its citizens; and

            WHEREAS, the County has developed a Legislative Program for the consideration of the 2004 session of the General Assembly which outlines certain legislative policies which the Board believes ought to guide the General Assembly and proposes certain legislation that would benefit the County; and

            WHEREAS, the Board has carefully considered its legislative program, and believes that it is in the best interests of the citizens of York County;

            NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 7th day of October, 2003, that this Board hereby approves the County's 2004 Legislative Program, and commends it to the County's representatives in the General Assembly for action.

            BE IT FURTHER RESOLVED that copies of this Resolution and the County's 2004 Legislative Program be forwarded to the County's elected representatives to the General Assembly.

On roll call the vote was:

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

            Nay:     (0)

ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS

Mr. James W. Noel, Jr., Director of Economic Development, made a presentation on proposed Resolution R03-170(R) which would approve the issuance of Industrial Development Revenue Bonds for the Colonial Community Services, Inc., Project.  He indicated that bond counsel was present to answer any questions the Board might have.

Discussion followed with bond counsel concerning the role and liability of the York County Board of Supervisors in the subject action.

Mrs. Noll then moved the adoption of proposed Resolution R03-170(R) that reads:

A RESOLUTION TO APPROVE THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS (COLONIAL COMMUNITY SERVICES, INC., PROJECT)

            WHEREAS, the Industrial Development Authority of York County (the “Authority”) has considered the application of Colonial Community Services, Inc., a Virginia non-profit, non-stock 501(c)(3) corporation (the “Borrower”), to the Industrial Development Authority of the City of Williamsburg (the “Issuer”) for the issuance of the Issuer’s industrial development revenue bonds in an amount not to exceed $2,000,000 (the “Bonds”), to assist the Borrower in its plan of finance for the refunding of the Authority’s 1994 Revenue and Refunding Bond (Colonial Community Services, Inc.) and the construction and equipping of an office building of approximately 11,400 square feet (the “Project”) located adjacent to the Borrower’s offices at 1657 Merrimac Trail, York County, Virginia.

            WHEREAS, the Borrower has requested the Board of Supervisors of York County, Virginia (the “County”), to approve the issuance of the Bonds by the Issuer to comply with Section 147(f)(2) of the Internal Revenue Code of 1986, as amended, and proposed final Treasury regulations issued thereunder and to concur in the inducement resolution adopted by the Issuer on October 7, 2003, pursuant to the requirement of Section 15.2-4905 of the Code of Virginia of 1950, as amended; and

            WHEREAS, a copy of the Issuer’s resolution approving the issuance of the Bonds, and a copy of the Authority’s resolution recommending approval of the Bonds by the Board of Supervisors subject to terms to be agreed upon, and a record of the public hearings held thereon has been filed with the County Executive;

            BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF YORK COUNTY, VIRGINIA:

1.      The Board of Supervisors of York County, Virginia, approves the issuance of the Bonds by the Issuer for the benefit of the Borrower, to the extent of and as required by Section 147(f)(2) of the Internal Revenue Code and concurs with the inducement resolution adopted by the Issuer as required by Section 15.2-4905 of the Code of Virginia of 1950, as amended.

2.      The approval of the issuance of the Bonds, as required by Section 147(f)(2) of the Internal Revenue Code, does not constitute an endorsement of the Bonds or the creditworthiness of the Borrower, and the Bonds shall provide that neither the County, the City of Williamsburg, the Authority, nor the Issuer shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefore, and neither the faith and credit nor the taxing power of the Commonwealth, the County, the City of Williamsburg, the Authority, or the Issuer shall be pledged thereto.

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

On roll call the vote was:

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

            Nay:     (0)

CLOSED MEETING.  At 9:01 p.m. Mr. Shepperd moved that the meeting be convened in Closed Meeting pursuant to Section 2.2-3711(a)(7) of the Code of Virginia pertaining the need for consultation with legal counsel dealing with actual litigation.

On roll call the vote was:

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

            Nay:     (0)

Meeting Reconvened.  At 9:11 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 7th day of October, 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)       

            Nay:     (0)

Meeting Adjourned.  At 9:12 p.m. Chairman Burgett declared the meeting adjourned sine die.