311 MINUTES BOARD OF SUPERVISORS COUNTY OF YORK Regular Meeting November 19, 2024 6:00 p.m. Meeting Convened. A Regular Meeting of the York County Board of Supervisors was called to order at 6:01 p.m., Tuesday, November 19, 2024, in the Board Room, York Hall, by Chairman Attendance. The following members of the Board of Supervisors were present: Douglas R. Holroyd, Sheila S. Noll, M. Wayne Drewry, G. Stephen Roane, Jr., and Thomas G. Shepperd, Also in attendance were Mark L. Bellamy, Jr., County Administrator; Brian Fuller, Deputy County Administrator; Susan Goodwin, Assistant County Administrator; Richard Hill, County Attorney; Heather Schott, Deputy Clerk; and Michelle Ireland, Administrative Technician. Pledge of Allegiance to the Flag of the United States of America. Delegate Chad Green led the Invocation. Pastor David Magruder of Zion United Methodist Church gave the invocation. G. Stephen Roane, Jr. Jr. Pledge of Allegiance. PRESENTATIONS SERVICE RECOGNITION Sheriff Montgomery presented Jason W. Houston and Michael D. Wright from the York- Poquoson Sheriff's Office with service recognition pins for 25 years of service to York County. Sheriff Montgomery described each individual's contributions to York County during their Chairman Roane then presented Jason W. Houston and Michael D. Wright with their pins and Delegate W. Chad Green summarized the six bills he passed this year, noting the challenges involved. These included House Bill 98, which allows Junior Reserve Officers' Training Corps (JROTC) participation to count toward Physical Education credits; House Bill 138, which established a permanent Sales Tax Holiday; House Bill 154, which added another judge to the Ninth Circuit Court serving York, James City, and Gloucester Counties; and House Bill 155 which removed the statute of limitations for claims related to the Criminal Justice Injury Fund for sexual assault victims. He also addressed several upcoming concerns, including his opposition to a bill limiting localities' control over land-use decisions and proposals for riverboat gambling. He mentioned future priorities such as advocating for adjustments to Compensation Board funding, holding the Virginia Department of Transportation (VDOT) accountable, and discussing York County's legislative priorities with Mrs. Noll. He concluded by Mr. Drewry congratulated Delegate Green on his success and noted his appreciation for his Mr. Shepperd questioned whether he had seen an increase in the number of delegates with experience in local government during Delegate Green's time in the General Assembly. Delegate Green noted other delegates have backgrounds in local government in areas such as Mr. Shepperd expressed that land-use decisions are people's decisions and are best served at a local level. Furthermore, he noted that it is beneficial for local government officials to be aware when these bills come up sO that constituents can write and express their views to committee tenure. congratulated both individuals. LEGISLATIVE UPDATE providing contact details for constituent inquiries. work for the County. city councils, school boards, and boards of supervisors. 312 November 19, 2024 members. Mr. Shepperd also pointed out that the Virginia Department of Transportation Inr response, Delegate Green reported a budget surplus for the upcoming year and his desire to Mrs. Noll reflected on her time at the Virginia Association of Counties (VACo) conference and noted two items that stuck out. The first item was allowing churches that have excess land to develop it for affordable housing. She stressed that allowing this should be taken into serious consideration. The next item she mentioned was her concern that the increasing Medicaid bills would reduce the surplus in the budget previously mentioned. Lastly, she echoed Mr. Shepperd's statement regarding VDOT being underfunded and expressed her hope that this Delegate Green remarked that he believes churches using land for affordable housing is a great concept, but he is apprehensive about taking the option away from the localities. He further Mr. Holroyd thanked Delegate Green for his updates. He then asked for updates on cruise ships Delegate Green responded by saying STRs are an item that the General Assembly is trying to remove from local control, and he is opposed to this. Delegate Green mentioned some talk regarding cruise ships but nothing substantial on which to report. He did stress that tourism is Chairman Roane thanked Delegate Green for attending the meeting and providing updates in (VDOT) is underfunded, undermanned, and experiencing financial issues. see some of that budget allocated to VDOT. issue would be appropriately addressed. reflected on his accomplshments on the York County Board of Supervisors. and legislation regarding Short-Term Rentals (STR). al large part of Yorktown's economy. multiple areas. UTILITIES STRATEGIC CAPITAL PLAN (USCP) REVISION Mr. Jonathan Seiter, Assistant Director of Public Works, acknowledged the numerous Public Works staff members who contributed to the Utilities Strategic Capital Plan. He explained that he is seeking the Board's feedback, guidance, and direction on the drafts of the evaluation criteria, project rollup lists, detailed project area maps, and the process moving forward, which were included in the Board's packet. In addition, he highlighted the following points: The plan includes four basic categories: sewer extension, stormwater, active The first such plan was developed in 1992 by the Environmental Development Services Department, which handled utilities. However, over time, the two primary utilities, sewer and water, came under the authority of the Public Works Department. In order to integrate staff policy and staff guidance into the process, the first utility strategic plan was developed. He noted that Stormwater projects were added to the plan Since it was revised 15 years ago, staff has been trying to determine the correct process and direction moving forward. As alluded to earlier, the purpose of updating the plan is to align staff work priorities pursuant to Board preferences, establish predictable touch point(s) between staff and the Board, and promote a collective conversation with the Under the three categories, there are numerous projects, each with an accompanying The core process to revise the plan has largely remained unchanged since 1992, which transportation, and vehicular transportation. in 1999 and again revised in 2010. Board on the projects. price tag. includes: 1. Validate/refine evaluation criteria for each project; 2. Validate/refine project rollup lists; 3. Validate/refine project area maps; 4. Form a committee and evaluate projects and 5. Package and present to the Board for approval. Staff is currently between numbers three and four in this process, which should occur every two to four years. Key changes to the process include: Removal of water projects; Addition of active and vehicular transportation; 313 November 19, 2024 Evaluation criteria revisions/additions: and Utilities, Stormwater, and Transportation. Name change from Utilities Strategic Capital Plan to Strategic Capital Plan for The evaluation criteria for sewer extension projects and stormwater are virtually the same, and transportation projects are new since they are being added to the plan. Sewer extension evaluation criteria have remained unchanged since 1992, except for Stormwater evaluation criteria have remained the same since 1992, except for the addition of grant availability and resiliency. Currently the County has no projects that fit this criteria, but staff is developing projects that will in the future qualify. Evaluation criteria for active and vehicular transportation projects address connectivity adding the estimated cost per connection. and safety. Project numbers for each category are as follows: Sewer line extension (21) Stormwater (17) Sidewalks (19) Crosswalks (9) Vehicular (18) Mr. Seiter then detailed the funding for each project category. According to the Board Policy, he stated that 50 percent of the meals tax goes to schools, and the other 50 percent goes to sewer lines and stormwater projects. However, he noted that the majority of sewer line extension projects are paid via bond, although sometimes the County can obtain federal grant funds to assist in this effort. The General Fund pays transportation projects; however, the County utilizes various Virginia Department of Transportation (VDOT) revenue sharing and federal programs to assist with funding when applicable. In conclusion, he stated that the following steps, if acceptable to the Board, will be forming committees to evaluate these projects; collecting and formatting financial considerations; packaging of draft plan components; submitting the draft plan to the Board for final approval; and, if approved, publishing the Mr. Shepperd expressed concern that areas that were promised sewer twenty years ago still do not have public sewer available to them. In many cases, the residents are no longer financially able to connect if it is made available. He then asked how the sewer line extensions are prioritized, especially because countless new developments with sewer have been added to the In response, Mr. Seiter stated that approximately six projects from 2010 are still on the list, with Big Bethel Road being one of them. He explained that staff can examine how these old Mr. Shepperd stressed the importance of fairness when prioritizing the sewer projects but added that those who have been waiting the longest should receive higher consideration. He also emphasized that staff must investigate where public sewers are lacking in the County, especially when the septic systems are failing and polluting the adjacent waterways. In particular, he pointed out that the homes on Springfield Road are in need of sewer, while the adjacent development is being constructed with sewer. However, he added that installing sewer for Springfield Road residents in the future will mean the paved road, provided by the new Mr. Seiter stated that there is an opportunity in this case also to package these smaller, older Again, Mr. Shepperd expressed frustration that sewer has been made available to areas such as Dandy since the area would not perk, yet older developed areas without sewer are not provided the opportunity to have public sewer. In addition, he voiced concern for those property owners who cannot afford to connect to public sewer when it is made available to them. He stated that Mr. Drewry agreed with Mr. Shepperd's earlier comments. He stated that he is very interested in seeing the criteria for all of the projects and stressed the importance of being. fair and equitable across the County for all constituents. He asked when the plan is to be finalized, how many years it is expected to include, and whether it will be updated every two to four years. approved plan. County. projects can be packaged to bring them up to the top of the list. adjacent development, will have to be torn up in order to do SO. projects together to get them completed quicker. all of these concerns should be captured in the applicable criteria. 314 November 19, 2024 Mr. Seiter reiterated that packaging some smaller projects together could significantly speed up the process. He also noted that it will be updated as Mr. Drewry indicated, which would likely Mrs. Noll stated that she would like a list of the projects on the list by the year they were added and then the points assigned to each based upon the chosen criteria. She added that a method needs to be implemented so that the Board can easily see which projects need to be completed, Mr. Seiter stated that once each project is evaluated using the criteria, a separate evaluation criteria sheet for each project will be provided to the Board, ranking each and explaining the ranking. He also noted that the sewer fee has not been updated since 2018, sO the County will Mr. Holroyd stated that he was very happy to learn that sewers and stormwater do not compete with transportation projects for funding. He questioned whether sewer extensions should be paid 100 percent by the County since everyone is being required to transfer from septic to sewer. He then asked if the military installations within the County are paying their Mr. Seiter stated that the military installations have independent systems that feed into our network. Other than the County maintaining a pump station on the Coast Guard Station, Camp Peary and the Naval Weapons Station feed directly to the Hampton Roads Sanitation Mr. Holroyd noted that the City of Williamsburg owns all of the land around Waller Mill, yet the County is paying for the ravine improvements. In addition, he stated that the County is paying for all the sewer lines going in and out of certain Williamsburg developments, and they pay no property tax to the County. He questioned whether the County should charge them for water. Mr. Seiter stated that we cannot charge them since their water is provided by either Newport Mr. Holroyd expressed frustration that the County has to make costly improvements to ensure that the property owned by Williamsburg within the County limits remains pristine. He also asked if the project entitled shoreline restoration refers to the York River, and if so, perhaps we should seek monetary support from the National Park Service. In addition, he queried if we should be getting joint funding from the military for the bike lane from the Naval Weapons Station to the Marquis and then to the Cheatham Annex. He stressed that the County needs to examine many of these projects that involve other entities to determine if joint funding is appropriate. He stated that he appreciates all of the work Mr. Seiter and his team have done but stated there are additional questions that need to be answered when it comes to funding Chairman Roane asked when staff would like to initiate the one-on-one conversations referred Mr. Seiter stated that staff will look at the proposed criteria and adjust them based on the Board's comments and concerns, which will likely take a couple of weeks, and then the one-on- one meetings will be initiated. He added that we are working towards FY 2027 for completion Chairman Roane expressed support for revamping the plan every few years so that some staff members will still remember the process and have experience doing so. He agreed with Mr. Shepperd's comments regarding being cognizant of the cost to the County and our residents relative to extending sewer service to those who are still on septic. He then inquired if In response, Mr. Seiter stated that staff has a separate process for how we look at all of the pump stations relative to updates, and generally, we pay cash for those rehabs. In conclusion, Chairman Roane commended and thanked Mr. Seiter for his thorough result in minor changes. as the goal is to get everyone connected to public sewer. likely need a rate change that will also help to bring sewer to more homes. appropriate share of sewer funding. District (HRSD). News Waterworks or the James City Service Authority. the projects. to earlier with the Board members. of this effort. revitalizing our aging pump stations is included in the plan. presentation. 315 November 19, 2024 CITIZENS COMMENT PERIOD Carol Edlow, 103 Hale Circle, came to the Board of Supervisors to thank them for helping to mitigate traffic at the intersection of Goosley Road and Old Williamsburg Road. She reflected on her previous interactions with the Board of Supervisors in 2023 and the assistance Mr. Shepperd, Mr. Green, and Sheriff Montgomery gave to the community of Riverwalk Townes. She reported that the traffic calming changes put in place by VDOT have made travel on the road safer. Lastly, she named specific individuals who went above and beyond to assist with Arthur Edlow, 103 Hale Circle, thanked the Board on behalf of the Homeowners Association for Riverwalk Townes for listening to their concerns and helping them to resolve these issues. He named individuals from York County and the state whose efforts helped to get the project done this issue. within a year. None. COUNTY ATTORNEY REPORTS AND REQUESTS COUNTY ADMINISTRATOR REPORTS AND REQUESTS Mr. Bellamy, County Administrator, shared his experience at the VACo conference, discussing several presentations. One, he stated, focused on the state budget, noting that it is generally in good shape except for rising Medicare expenses. Another presentation covered employee recruitment, highlighting what candidates value most: work/life balance, reasonable compensation, employee recognition, and quality benefits. Also, when attending a conterence luncheon he spoke with the Montgomery County Administrator, who discussed the impact of Hurricane Helene and the issues they experienced with sediment clogging their water system. Mr. Bellamy also mentioned a session on sports tourism that he and Mr. Fuller attended. Since York County is involved in the Historic Triangle Recreational Facilities Authority, he felt it was beneficial to hear success stories as well as to learn about concerns related to similar Chairman Roane thanked Mr. Bellamy for his feedback on the conference and expressed curiosity about what Newport News Waterworks would say about issues neighbors have had sports facilities. with their water systems. MATTERS PRESENTED BY THE BOARD Mr. Holroyd followed up on a previous conversation about daycare registration. He noted Mr. Hill, the County Attorney, spoke with the Assistant Attorney General and found requiring that Mr. Hill confirmed that, based on state laws, York County does not have regulatory power over Mr. Holroyd further reminded the Board of the need for daycares in the region. He expressed Mr. Shepperd questioned if York County can be an extension of the state to regulate daycare, Mr. Hill remarked that Virginia is a Dillon Rule State and noted that no power has been In response, Mr. Shepperd mentioned encouraging the General Assembly to allow counties to Mr. Holroyd also attended the VACo conference and reflected on his time at the conference. In closing, Mr. Holroyd referenced conversations about adopting a Code of Ethics and stated that he had taken the liberty to draft a code, which the other Supervisors were currently reviewing. would not be permitted. daycares. that parents need to ask questions about the quality of the daycare. similar to the Chesapeake Bay Board. delegated to York County for regulating daycares. have some control over regulations. 316 November 19, 2024 Mrs. Noll took the time to thank the registrar, their staff, and the Electoral Board for ensuring the election went smoothly. She also wished everyone a Happy Thanksgiving and reminded Mr. Drewry mentioned feeling fortunate to be able to attend VACo for the first time and the positive impression it left. He explained the sessions and interactions with other County members as part of the lasting impression. Mr. Drewry also mentioned complaints he received about the transfer station being shut down. He talked about how citizens felt they were not informed and where adjustments could be made in communication between York County and Mr. Shepperd concurred with Mr. Drewry's statements about communicating with residents about closures of facilities but mentioned much of the information needed is online, and many likely overlook it. He then spoke about York County Schools excelling in various areas. He specifically noted Seaford and Tabb Elementary Schools were recipients of the Highest Achievement Awards from the state, and Bethel Manor received the Blue Ribbon State Award. He mentioned there are 57,000 schools in the United States, and a little over 300 are Blue Ribbon Schools. He ended by commending the excellent work of all who help the schools Chairman Roane informed everyone that on November 23, 2024 from 11:00 a.m. to 12:00 p.m., a joint session with the Williamsburg Battlefield Association and York County Historical Museum will occur to discuss efforts to preserve the Yorktown Battlefield. He congratulated the Beautification Committee for receiving a sizable grant. He closed by wishing everyone a Happy everyone to keep the military in their thoughts during the holiday season. its citizens. He ended by wishing everyone a Happy Thanksgiving. succeed. Thanksgiving. PUBLIC HEARINGS None. CONSENT CALENDAR taken is below. The Consent Calendar was considered and approved on a vote of 5:0. A summary of actions Chairman Roane highlighted the items, No. 8 through No. 11, on the consent calendar and asked the Board if there were any items they wished to discuss separately. Mr. Holroyd asked that Item Nos. 4(e) and 8 be pulled for further discussion. Mr. Drewry asked for clarification on Item No. 11. Mr. Holroyd noted that in Item No. 4(e), the October 29, 2024 minutes of the joint work session with the School Board, that there were some technical issues that had made it difficult to capture all of the comments and accurately identify the respective speakers. He stated that the Board needs to consider, moving forward, how this matter can be resolved when holding larger meetings in order to provide a more consistent set of minutes. In addition, he stated that these specific minutes have already been amended to include and clarify Board comments. Chairman Roane stated that there are no issues with the minutes drafted for the regular meetings held at York Hall, but agreed that obtaining clear verbal recordings for the larger Mr. Shepperd explained that true minutes are not verbatim and should not contain the details Chairman Roane pointed out that the October meetings are not included in the agenda center Regarding Item No. 8, Mr. Holroyd suggested that Mr. Cowles Spencer come to the podium in order to explain his request to remove the development restriction for property located at 6602 Mr. Spencer came forward and explained that the parcel of land in question is located at the corner of Goodwin Neck Road and Route 17. He stated that one of competing drug stores for this property bought it to prevent another pharmacy from locating at this site. He noted this meetings held in other locations was difficult. of what each individual said. online. George Washington Memorial Highway. 317 November 19, 2024 property owner, in order to prevent it from being used for a drug store, placed a restriction on the property that it could only be used for landscaping purposes. However, also the property owner included in the deed that this restriction could only be removed by the County government if they sO choose. Since he and his son are the current property owners of this parcel they are appealing to the Board to remove this restriction. He also noted that their Mr. Holroyd stated due to Mr. Spencer's explanation he takes no exception to the request. Mr. Drewry asked, relative to Item No. 11, the County Attorney if adoption of the proposed resolution is typical and necessary. for the Board's consideration of amendments to the Zoning Ordinance to further regulate docking facilities within the County and prohibit mega ships from docking at any County facility. In addition, he asked if approval of the proposed resolution will enable County staff then to formulate amendment options in order to accomplish this objective. Mr. Hill stated that his assumptions are correct, and that this process is the legally mandated Mr. Shepperd stated that he had spoken with the County Administrator about this matter today and that he in all of his years on the Board, has never experienced the necessity of such an action prior to the Board considering Zoning Ordinance amendments. He stated that the Board has always moved forward as a unit. Furthermore, such a matter would typically come forward at a work session and subsequent to the discussion, either the Chair or County Administration would seek direction from the Board on how to proceed at which time a straw vote would be taken providing that guidance. Then he stated that if the majority of the Board supports such action, staff produces an application and associated resolution to formally confirm the Board's desire for staff to pursue the matter. Subsequent to the aforementioned action, and receipt. of a recommendation from the Planning Commission, he noted that the Board would consider it and take formal action. Although it is not stated in the policy, this situation is not initiated by a single Board member, but rather by a majority. of the Board's support, although in this specific situation it appears the majority of the Board is in support of Mrs. Noll added that essentially you need the support of three Supervisors in order to proceed Since no further discussion was requested, Chairman Roane asked for a motion. intention is to convey this property to the County. first-step in the process to initiate potential zoning changes. it. in such matters. Mrs. Noll moved that the Consent Calendar be approved as submitted, Item Nos. 4, 5,6,7,8, 9,10, and 11, respectively. On roll call, the vote was: Nay: (0) Yea: (5) Holroyd, Noll, Drewry, Shepperd, Roane Thereupon, the following minutes were approved and resolutions adopted: Item No.4. APPROVAL OF MINUTES September 3, 2024, Regular Meeting September 17, 2024, Regular Meeting October 1, 2024, Regular Meeting October 15, 2024, Regular Meeting October 29, 2024, Adjourned Meeting Item No. 5. PURCHASE RESOLUTION: LARKIN RUN STREAM RESTORATION: Resolution A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO MAKE PURCHASE ARRANGEMENTS FOR THE LARKIN RUN STREAM RESTORATION FROM ENVIRONMENTAL QUALITY RESOURCES, LLC A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO MAKE PURCHASE R24-162. 318 November 19, 2024 ARRANGEMENTS FOR THE REPLACEMENT OF TWO FIRE PUMPERS FROM Item No.6. SOMMERVILLE PUMP STATION ELECTRICAL UPGRADE: Resolution R24-160. A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO MAKE PURCHASE ARRANGEMENTS FOR THE SOMMERVILLE PUMP STATION ATLANTIC EMERGENCY SOLUTIONS ELECTRICAL UPGRADE FROM SYSTEMS EAST, INC. Item No. 7 PURCHASE RESOLUTION: GEOGRAPHIC INFORMATION SYSTEMS SOFTWARE: Resolution R24-161. A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO MAKE PURCHASE ARRANGEMENTS FOR A THREE-YEAR SMALL MUNICIPAL AND COUNTY GOVERNMENT ENTERPRISE AGREEMENT FOR TERM LICENSE SOFTWARE WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. Item No. 8. REMOVAL OF DEVELOPMENT RESTRICTION - 6602 GEORGE WASHINGTON A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO SIGN DOCUMENTS CONSENTING TO THE REMOVAL OF A DEVELOPMENT RESTRICTION ON PROPERTY AT 6602 GEORGE WASHINGTON MEMORIAL Item No.9. UNDERGROUNDING OF UTILITIES: YORK COUNTY PUMP STATION LOCATED AT411ALBACORE DRIVE AND VACANTLOT AT119 ALBACORE DRIVE: Resolution R24-158. A RESOLUTION TO GRANT AN EASEMENT TO DOMINION POWER ANDTO AUTHORIZE AGREEMENTS WITH DOMINION POWER TO UNDERGROUND THEIR UTILITIES IN FRONT OF COUNTY PROPERTIES LOCATED AT 411 AND 119 ALBACORE Item No. 10. EMPLOYEE OF THE QUARTER -1 THIRD QUARTER 2024: Resolution R24-167. A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO SIGN A RESOLUTION TO RECOGNIZE AND COMMEND STEPHANIE COWDEN AS THE Item No. 11. ZONING ORDINANCE = POSSIBLE AMENDMENTS REGARDING FURTHER REGULATION OF DOCKING FACILITIES WITHIN YORK COUNTY ZONING DISTRICTS: AI RESOLUTION TO INITIATE CONSIDERATION OF AMENDMENTS TO THE YORK COUNTY ZONING ORDINANCE TO CONSIDER POSSIBLE AMENDMENTS REGARDING FURTHER REGULATION OF DOCKING FACILITIES WITHIN YORK MEMORIAL HIGHWAY: Resolution R24-163. HIGHWAY DRIVE EMPLOYEE OF THE QUARTER FOR YORK COUNTY, VIRGINIA Resolution R24-168. COUNTY ZONING DISTRICTS NEW BUSINESS None. CLOSED MEETING. None. Meeting Adjourned. At 8:01 p.m. Chairman Noll declared the meeting adjourned sine die/to 6:00 p.m., Tuesday, December 3, 2024, in the East Room of York Hall. CAGKA G. Stephen Roane, Jr., Chairman York County Board of Supervisors County 442