Meeting Convened.  A Regular Meeting of the York County Board of Supervisors was called to order at 7:00 p.m., Tuesday, November 18, 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.   Pastor M. A Truckenmiller from Breakthrough Worship Center gave the invocation.

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

PRESENTATIONS

VIRGINIA LAW ENFORCEMENT PROFESSIONAL STANDARDS COMMISSION (VLEPSC)

Mr. Ernie O’Boyle, Director of the Virginia Accreditation Center, appeared to award the Sheriff’s Department with a Certificate of Professional Accreditation.  He elaborated on the agency, and the requirements needed to meet this accreditation.  The agency is a support service for those agencies seeking accreditation through the Virginia Law Enforcement Professional Standards Commission   He then introduced Poquoson Police Chief Jack White who presented the award to Sheriff Diggs.

Chairman Burgett pointed out that this is the first time in history the Sheriff’s office has become accredited. 

FISCAL YEAR 2003 AUDIT REPORT

Mr. Jimmy Haggard, a partner with the firm of Goodman and Company, appeared to make a presentation on the York County Financial Statement.  He mentioned that the format of the statement had changed significantly over what the Board had viewed in prior years.  He stated an unqualified report had been issued on the comprehensive annual financial statements,  which is the highest reporting standard available.  He explained that the Code of Virginia required annual financial statements to be audited by an independent auditor and an auditor of public accounts. The audit is conducted for the purpose of having an independent, third–party entity review accounting transactions and policies to determine compliance with laws and regulations.  

CITIZENS COMMENT PERIOD

Ms. Jeanette Carter, 819 Baptist Road, shared her concerns over the upland wetlands area of her neighborhood and the construction that has taken place.   She asked the Board of Supervisors and the Planning Commission to consider what she had to say.

COUNTY ATTORNEY REPORTS AND REQUESTS

Mr. Barnett provided the Board with information on the General Assembly and its activities.  He stated one item focused on a statewide telecommunications tax that may be included in the 2005 proposals.  He reported on the progress made with the Watermen’s Museum in connection with the Yorktown Riverwalk Project.

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

Mr. McReynolds reminded the Board of its joint meeting with the School Board on November 25 at 6:00 p.m. in the Grafton High/Middle School library.  He reminded the Board of its next few meetings – a regular meeting on December 2; a work session on December 9; the last regular meeting on December 16; and the organizational meeting on January 6, 2004.  He informed the Board that the previously approved sale of Industrial Development bonds took place today and with a favorable interest rate of 4.14 percent for 20 years.  He stated that both Moody’s and Standard & Poor’s bond rating agencies rated the bonds at the AA levels, which is an excellent rating.  He noted that the financial statements presented this evening represented a very strong financial position that reflects the policies of the Board and is one of the major reasons for the high ratings.  He discussed the work session earlier this evening with the recommendation from the Board that the no-fee building permits for hurricane-related repairs be extended for another 90 days. 

Mr. Zaremba mentioned the postcards that were mailed out with the date of November 23 as the last day to have debris picked up.  He asked Mr. McReynolds to elaborate on the debris pick-up.

Mr. McReynolds explained that citizens are required to put debris at the shoulder of the road for pick up by the 23rd of November.  After December 1, the County’s regular program for debris pickup will return.  He stated he would check with the Federal Emergency Management Association (FEMA) to discuss possible pickup where extreme cases of debris still exist. 

MATTERS PRESENTED BY THE BOARD

Mr. Zaremba thanked the citizens of District 1 for electing him to another four-year term.  He promised the citizens to provide the same kind of performance and dedication as he has shown over the last eight years.  He mentioned the FY05 budget and the opportunity for citizens to get involved in the budget process.  He mentioned recent newspaper articles on budget shortfalls around the country and spoke on issues before the General Assembly including tax reform.  He expressed his concern that the State may provide less support towards the County’s budget, specifically the schools’ budget.  Mr. Zaremba encouraged everyone to stay informed on budget issues and communicate their concerns to their representatives.

Mr. Shepperd also thanked the citizens of his district for re-electing him.  He stated that even though being a supervisor was considered a part-time job, it was really a labor of love and he elaborated on some the activities in which he has been involved during his tenure on the Board.  He noted he serves as the Board’s representative to the Hampton Roads Planning District Commission and the Regional Issues Committee, which will be discussing how communities and their policies affect one another.   He explained they will be addressing some zoning and economic development issues surrounding Williamsburg.  He then noted he had attended the Transportation Safety Commission meeting, and he mentioned his involvement with the Youth Commission.  He stated the Veteran’s Day Celebration held in Yorktown was a very moving event, and he felt it was one of the best Veteran’s Day presentations he has ever attended. 

Mrs. Noll thanked the voters in her district for putting their trust in her again for another four years.   She stated she is looking forward to working with the citizens for another four years and indicated the supervisors need to hear from and work together with citizens.  She mentioned the wonderful job the volunteers do during the election period, and she encouraged more people to volunteer.  She remarked on the low turnout at the polls with only 30 percent of voters participating, and she reminded citizens that this is a democracy and everyone needs to exercise their right to vote.   Mrs. Noll noted the landscaping completed by the County on Route 199 and Mooretown Road. 

Chairman Burgett also thanked the voters for re-electing him for another four-year term.  He stated he would continue to do his best to serve the citizens of the County.  He mentioned the 22nd Annual Occasion for Business and Industry hosted by the Industrial Development Authority and the Office of Economic Development.   There were 17 businesses, either new or expanded, that were recognized for their excellence, resulting in $87 million dollars added to the County’s tax base allowing the County to keep its tax rate low.  Mr. Burgett noted he had attended the 12th anniversary of the Senior Center which has an attendance of 20,000 visits per year.   He discussed attending the annual VACO conference and a meeting with Delegate Harvey Morgan on the Virginia budget.  He attended the grand opening of the Woods of Yorktown in Lackey, and discussed the history of the apartments and the previous crime associated within that neighborhood before the renovation.  He commended the developer for turning the apartments into a desirable living area.  He stated he had received many compliments on the busy landfill staff in helping direct traffic at the debris management site.  He addressed his concerns over the insufficient 35-foot buffer along Route 134 in front of the new storage facility, and he asked staff to look into it.

CONSENT CALENDAR

Mrs. Noll moved that the Consent Calendar be approved as submitted, Item Nos. 4, 5, 6, and 7 respectively.

On roll call the vote was:

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

Thereupon, the following minutes were approved and resolutions adopted:

Item No. 4.  APPROVAL OF MINUTES

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

            October 7, 2003, Regular Meeting
            October 15, 2003, Adjourned Meeting
            October 21, 2003, Regular Meeting
            October 28, 2003, Adjourned Meeting

Item No. 5.  PURCHASE AUTHORIZATION:  Resolution No. R03-180.

 

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AGREEMENTS FOR the procurement of medical services for firefighters, and underground conversion of overhead power lines

            WHEREAS, it is the policy of the Board of Supervisors that all procurements of goods and services by the County involving the expenditure of $30,000 or more be submitted to the Board for its review and approval; and

            WHEREAS, the County Administrator has determined that the following procurements is necessary and desirable, that it involves the expenditure of $30,000 or more, and that all applicable laws, ordinances, and regulations have been complied with;

            NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 18th day of November, 2003, that the County Administrator be, and hereby is, authorized to execute procurement arrangements for the following:

                                                                                                                            AMOUNT

Medical Services for Firefighters (estimate)                                               $    49,500
Underground conversion of Overhead Power Lines                                         294,575

Item No. 6.  ARTS COMMISSION GRANTS PROGRAM:  Resolution No. R03-172.

A RESOLUTION TO AMEND THE YORK COUNTY ARTS COMMISSION PROJECT AND CHALLENGE GRANT POLICIES

            WHEREAS, the York County Arts Commission has reviewed the Project and Challenge Grant Policies and recommends revisions to these policies; and,

            WHEREAS, according to the York County Arts Commission By-Laws, amendments to these policies require the approval of the York County Board of Supervisors;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 18th day of November, 2003, that the Project and Challenge Grant Policies be, and are hereby, amended and adopted to read as set forth in the attachments to the County Administrator’s memorandum to the Board of Supervisors dated November 6, 2003. 

Item No. 7.  SPONSORSHIP OF ZONING ORDINANCE TEXT AMENDMENT:  Resolution No. R03-185.

A RESOLUTION TO SPONSOR AN APPLICATION TO AMEND SECTIONS 24.1-306, TABLE OF LAND USES, 24.1-466, STANDARDS FOR ALL RETAIL USES, 24.1-467, STANDARDS FOR CONVENIENCE STORES, 24.1-477, STANDARDS FOR AUTO FUEL DISPENSING ESTABLISHMENTS, SERVICE STATIONS AND AUTO REPAIR GARAGES, AND 24.1-478, STANDARDS FOR CAR WASHES OF CHAPTER 24.1, ZONING (YORK COUNTY CODE) TO ADJUST THE PROCEDURES UNDER WHICH CERTAIN USES ARE PERMITTED AND THE PERFORMANCE STANDARDS APPLICABLE TO THOSE USES
 

WHEREAS, as a result of the efforts and recommendations of the Route 17 Revitalization Committee, it has come to the attention of the Board of Supervisors that certain uses can, particularly if abandoned, have a detrimental impact on the economic vitality and appearance of commercial corridors; and

          WHEREAS,     the Route 17 Revitalization Committee has recommended that the procedures for permitting certain automobile related uses be examined and that appropriate performance standards be developed to ensure that such uses, if permitted, will continue to be positive elements of the commercial corridors in which they are located; and

            NOW, THERFORE, BE IT RESOLVED by the York County Board of Supervisors, this the 18th day of November, 2003, that it does hereby sponsor an application to amend Sections 24.1-306, 24.1-466, 24.1-467, 24.1-477, and 24.1-478 of the Zoning Ordinance (Chapter 24.1, York County Code) to establish Special Use Permit requirements for certain auto-related uses and to establish additional performance standards related to their development and continued operation;

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.

Section 24.1-306      Table of land Uses

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