Dear Neighbors,
The District 5 Report for November 2017 is designed to keep you informed of local activities and government actions that might impact your families, homes and neighborhoods. Crime Watch information is included as an addition to your neighborhood Crime Watch Program. The Report is distributed approximately once a quarter to residents on the District 5 Report email list. For those who do not receive the report, I will gladly add you to the distribution list upon request to tgshep@cox.net or shepperd@yorkcounty.gov. Please include your name and address in the request. *
Residents and homeowner associations are encouraged to share the information with others within their communities. Comments and questions are always welcome. You can reach me at the phone numbers and email addresses listed below my name.
I greatly appreciate your help in disseminating the report to other residents of our communities.
Sincerely,
Tom Shepperd
York County Board of Supervisors
Home (757) 868-8591
Mobile (757) 903-1875
-----------------------------------------------------November 2017 Report------------------------------------------------------
Table of Contents
1. Crime Watch
a. Calling 911
b. Residential Burglaries
c. Vehicle Tampering and Larcenies
2. Criminal Cases
3. Board of Supervisors’ Actions
a. Residential and Business Development Focus
b. Big Woods Development Update
c. Planned Development Residential (PDR)
d. Grass Mowing Ordinance and Bamboo Control
e. Supervisor Pay
f. B&B and Tourist Homes in Your Neighborhood
g. The Phoenix at Yorktown – Senior Housing Facility Across from Walmart
h. Mobile Command Vehicle for Sheriff’s Department
i. Proposed Smith Farm Subdivision on Yorktown Road
4. Public Works
a. Sinclair Sewer Project
b. Woodlake Crossing Drainage
c. Meadow Lake Farms Drainage Project
d. Tabb High School and Bethel Baptist Church Drainage
e. Big Bethel Road Sanitary Sewer Improvements
1. Crime Watch
a. Calling 911 - The Sherriff’s Office has asked that I pass along an important note concerning the use of 911. In the past, residents have been hesitant to dial 911 fearing that their call did not rise to the level of a “real emergency.” This hesitancy leads to unnecessary delays. The Sheriff’s Office now wants you to call 911 at any time for any reason. The County’s highly trained 911 staff can quickly determine if your call warrants an emergency response. If not, the dispatcher will transfer your call to the appropriate agency. Please do not hesitate to dial 911.
b. Residential Burglaries - Back around May, the Sheriff’s Department announced a spike in the number of home burglaries in York County. As a result, I began tracking the crime reports to see how bad the situation really was and to see if there was any commonality as to mode of home entry and items taken. Surprisingly, from the first week in June till the end of October, I counted approximately 30 reports of residential burglaries in the entire County. Some were unfounded, meaning that someone got spooked and called 911 thinking someone was in the house but there really wasn’t. While even one burglary is bad enough, I had expected to see a much greater number of reports. The Sheriff’s Office in response to my questions concerning the burglaries indicated that arrests in the nearby jurisdictions and the possible passing through of groups involved in the burglaries may have led to a reduction in the break-ins.
The crime reports did show some interesting points about the techniques used to enter a residence and the items taken. Here is a summary of the reports:
(1) No particular area of the County appears to be immune from the crime. Quite a few burglaries occurred in the middle and upper end of the County. In the District 5 area, Running Man, Woods of Tabb, Yorkshire Downs, Holly Meade, and several of the apartment complexes experienced residential break-ins. However, it was noted that more of the break-ins throughout the County occurred in the more densely populated and less affluent areas.
(2) First floor doors and windows, particularly those at the side or rear of a home, were the entry point of choice for the bad guys. In many cases, doors were kicked in and windows broken. Outer garage doors appear to be a primary entry point. They often lead to an unlocked inner garage door of the house. What I found really interesting was that several of the homes were well equipped with deadbolt locks but the locks were not used. The criminals simply opened the front door and walked into the home.
(3) The timing of the break-ins is most disturbing. Break-ins occurring during the day when a resident is not at home is one thing but entering a home in the wee hours of the morning while people are in bed asleep is a whole different matter. In one case, a mother and her 10 year old daughter were awakened around 2 a.m. when someone tried to kick in the front door. The lady screamed and the perpetrator ran away. In many cases, a resident will return home after work or a vacation to find drawers and cabinets open with the contents dumped on the floor. One resident went out for dinner around 8:30 p.m. and returned at 11:30 p.m. to find she had been robbed. This indicates that someone may have been watching the house.
(4) Items reported stolen vary considerably. In many cases, the total value of the items taken was less than $1,000. Usually somewhere between $100 to $600 in cash is stolen along with small electronic items such as cell phones and computer pads. In some cases, the dollar amount is in the thousands. Jewelry appeared to be a primary target of the thieves. The burglary on Sandpiper Cove resulted in the loss of a $3,000 diamond ring. In the Holly Meade neighborhood, over $100,000 in jewelry was taken from the residence.
(5) Who is doing the break-ins and are they getting caught? Many of the break-ins in York County are committed by gang members from the surrounding jurisdictions. Why come here? It’s because the money is here. Not surprisingly, some of the criminals are homegrown and are known to the victims. Ex-boy/girlfriend relationships, family members, and friends of the children have been involved in the burglaries. In one case, a 13 year old friend of the family was caught on a home security camera taking money and other items from the home.
c. Vehicle Tampering and Larcenies - Approximately 54 reports of larceny from or tampering with motor vehicles were made by District 5 residents since June. The difference between larceny and tampering is that with larceny something is stolen from the vehicle. Tampering means that someone tried to enter the vehicle or actually got into the vehicle but nothing was taken. In reviewing the reports, it was obvious when the criminals visited a particular neighborhood. Numerous vehicles along the same street and numerous streets within a neighborhood would be hit during the same timeframe, usually at night. Please note that late reporting of the crimes makes it more challenging for the Sheriff’s Office to solve these cases.
This is a summary of the cases:
(1) In all but one of the 54 reported cases, the vehicles were left unlocked.
(2) Vehicles in the Victory YMCA parking lot get hit about every couple of months. Two reports back in June stated that two vehicles at the Y were entered and the contents of the glove compartment emptied onto front seat. Nothing was stolen.
(3) In June, a report was filed by a resident of the Belmont Apartments stating that a $3,500 camera was taken from the vehicle. In August, another Belmont report was filed but in this case the car was stolen and found overturned on Surrender Road near Historic Yorktown.
(4) Deputies in the Yorkshire Downs neighborhood observed and arrested a young white male that rummaged through nine cars. He was drunk and in possession of items taken from numerous locations. In July, five more reports of vehicle tampering were reported from the Yorkshire Downs neighborhood.
(5) In September, a thief entered ten vehicles in the Meadowlake Farms and Holly Meade neighborhoods. A neighbor observed a man entering the vehicles and called Sherriff’s Office. The thief got away with a wallet and about $40.
(6) In early October, a resident of the Woods of Tabb neighborhood reported that the contents of his backpack had been dumped in the car and $30 was taken. In mid-October the neighborhood was hit again when six residents filed reports of larceny and tampering.
(7) In October, six residents from the Pines of York Apartments complex reported that their vehicles had been entered by some unknown person during the night. Three were reported as larcenies. One person had her purse, car keys, credit card, and ID card stolen. Some items were recovered on the grounds of the complex.
(8) In October, a resident on Sylvia Drive, which is off of Calthrop Neck Road, reported that two handguns were stolen from a car.
2. Criminal Cases - Ever wonder what happens to criminal cases? Here are some results as provided by Ben Hahn, York/Poquoson Commonwealth Attorney:
a. On July 22, 2016 Kameron Stanley, 18, was shot outside of a friend’s house in York Terrace, which is in upper part of York County. Derrick Lee was found guilty of Second Degree Murder and Use of a Firearm in the commission of a Felony. On September 7th, despite being a juvenile at the time of the crime, he was sentenced to 40 years for murder and 3 years for firearms felony. Twenty years was suspended but he has indefinite supervision upon release. He is serving 23 years of active incarceration.
b. On July 17, 2013 Jactavus and Jaquanta Dewberry along with Moses Deese were arrested for “a series of brazen, daylight burglaries in the Tabb section of the County.” On September 14th, Jactavus was sentenced to 20 years with 15 years suspended and probation for life. Jaquanta was sentenced to 10 years with 5 years suspended and probation for 20 years. Moses Deese, who turned state’s evidence, was sentenced to 25 years with all of the incarceration suspended but is on probation for life.
c. On September 12, 2017 Robert Rollins of Poquoson pled guilty to five counts of possession of child pornography and five counts of reproduction of child pornography. He will be sentenced in January 2018.
d. January 11, 2017 three people were arrested for a shooting at the Wal-Mart in the upper end of the County. One of the individuals, Kevin Clark, was convicted on August 24th of possession of a firearm by a felon and felonious destruction of property. He is scheduled for sentencing in February 2018.
e. Xavier McKay, 22, of Newport News, was arrested by James City County Police on September 29 for breaking into vehicles and now faces similar charges in York County. He is charged with 2 counts of grand larceny, larceny of checks, three counts of entering or setting in a motion a vehicle and credit card theft. He is also charged grand larceny and attempted breaking and entering into a home when a lady returned home to find her front door kicked in. James City County currently has him on 17 counts of entering a vehicle without consent of the owner. He is also charged with participating in a prohibited criminal street gang.
3. Board of Supervisors Actions:
a. Residential and Business Development Focus - Much of the business and residential development that was once focused in our area is now taking place in the middle to upper end of the County. While there are still a few remaining large tracts (100+ acres) of residentially zoned property in or near District 5, much of our area is fully developed. In my last report, I talked about the large tract of land known as the Smith Farm that fronts on Victory Boulevard and is bordered by Calthrop Neck Road and East Yorktown Road. I’m glad to say that as of this report there is no active effort on the part of the Smith family to develop this property. However, this month the 100+ acre tract that runs along Yorktown Road across from the Victory Estates neighborhood will be coming before the Supervisors for rezoning. In this section of the District 5 Report I will highlight a few of the developments in and around our area. As of this report, the County is unaware of any development effort of the 23 acre tract across from the Tabb Library.
b. Big Woods Development Update - Big Woods is the large wooded area on the right side of Victory Boulevard just before the turnoff towards City Hall as you head into Poquoson. The development, called the Legacy of Poquoson, will have approximately 527 units consisting of single family homes, townhouses, apartments, and cottages. The development was approved by the City Council over two years ago. Recently, permits for the project were approved and issued by the Army Corps of Engineers and the Virginia Department of Environmental Quality. The State Water Control Board upheld the permits. Mid Atlantic Residential, the developer is proceeding with the engineering plans for Phase I of the project. However, there is a legal challenge to certain aspects of the approved permits, which is still being considered by the courts.
c. Planned Development Residential (PDR) - In May, the Supervisors approved the rezoning of approximately 84 acres off of Mooretown Road in the upper part of York County from Economic Opportunity to PDR. The purpose of the rezoning was to establish a residential development called Arbordale that will consist of 493 units comprising a mix of units consisting of single family detached homes, townhouses and no more than 288 apartments. The development will add about 185 students, which is within school capacity.
I bring this PDR to your attention because a PDR can be established in any residential zone. PDRs will be subject to a maximum number of lots (i.e., maximum density) but there is no minimum lot size standard. What helps us in controlling PDRs is that this type of development always requires a rezoning, which must go before the Planning Commission for a recommendation and the Board of Supervisors for approval. Proffers provided by the developer are often used to mitigate concerns over capital costs such as school crowding and traffic congestion. The developer for the Arbordale project has proffered over $940,000 to help pay for additional classrooms, school buses, and traffic improvements such as a turn lane and traffic signal. In addition to the proffers, the County also considers the estimated tax revenue that a PDR will generate to help offset the cost of fire and life safety, law enforcement, school operations and other County expenses. The Arbordale project is estimated to generate over $335,000 in net revenue each year and $4,280,000 over 10 years.
Unfortunately, the General Assembly passed a code that went into effect July 1, 2016 that places into question the legality of future development proffers associated with residential development. The new law may limit but will not stop future development. Unfortunately, the new law will limit a community’s ability to depend on proffers to help offset the need for increased tax revenue to address schools and transportation impacts that result from a new residential development. We’ll just have to see how this new law plays out for County residents.
d. Grass Mowing and Bamboo Control - You may or may not be aware of this but the County does have a mowing ordinance. It is found in the Code of York County, Chapter 19, Section 19.6, “Maintenance of Premises; duty of owner.” Essentially, the code says that it is the duty of a property owner to keep the grass/weeds cut on a residential lot at a height not exceeding 12-inches and not to allow trash and refuse to pile up. The reason I bring this to your attention is that I sometimes receive complaints about the height of a neighbor’s lawn. When I do, I simply pass the complaint to the County’s Codes and Compliance department to investigate and take appropriate action. The County usually notifies the resident of a violation and, if the grass is cut within 7 days, that’s the end of it. However, if the owner doesn’t take action, the County will arrange to have its mowing contractor cut the grass/weeds and bill the homeowner for the costs incurred. Failure to comply could also result in a fine of $50.
This past year the Supervisors changed the ordinance to address a special provision regarding control of running bamboo, which is defined as “any bamboo that is characterized by aggressive spreading behavior…” Essentially, the ordinance says that a landowner shall not allow bamboo to grow without proper upkeep and containment measures, and shall not allow the bamboo to spread to the any public right-of -way or adjoining property.
While the spread of bamboo is not a major problem in York County it can cause serious problems. All you have to do is visit the National Park in Historic Yorktown to see how significant a problem it can be when not properly contained. The penalty for allowing bamboo to get out of control can be rather steep. It can start off with simply a $50 fine and escalate to a $200 per day penalty not to exceed $3,000 for subsequent violations. If you have bamboo, you might want to keep an eye on it from now on.
e. Supervisor Pay - Have you ever wondered how much a York County Supervisor receives in pay from the County? The answer is $9,000 per year. The Chair receives an additional $1,800 and the Vice Chair an additional $1,200. The Board is required each year to reauthorize the salary and it did so back in May 2017.
f. Bed and Breakfast (B&B) and Tourist Homes in Your Neighborhood - B&Bs and tourist homes (sometimes called vacation rentals) were a subject of discussion in the last General Assembly session and the new state law that went into effect July 1st preserved the authority of localities to manage their locations through their zoning ordinances. The York County Zoning Ordinance requires that any B&B or Tourist Home be authorized by a Special Use Permit. This issue is being brought to your attention because you may have a B&B or vacation home proposal coming soon to your neighborhood. HOA Boards may wish to review their association documents to determine if short term rentals are authorized in the subdivision. It is important to note that the Board of Supervisors’ approval of a Special Use Permit for short term rental does not override the HOA agreements, which are essentially a contract between the homeowners in a subdivision.
B&Bs and vacation rentals usually involve the modification of a current residential property in order to accommodate overnight guests. The major difference between a B&B and vacation rental is that with a B&B the property owner resides in the establishment. The property owner usually does not reside in the establishment with a vacation rental. There are many challenges to creating these types of businesses, none more so than dealing with concerns of nearby homeowners. It is important to underscore the point that a B&B and vacation rental are businesses and when a business is proposed for a residential area, the issue of guest behavior, traffic, crime, etc. rise to the surface. In May, a Bed and Breakfast proposed for the Dandy area was deferred indefinitely by the applicant before it reached the Board Supervisors because of overwhelming opposition by the surrounding community. The out of the way location of the community, condition of the neighborhood roads and the expected increase in traffic were major concerns of the local residents. Another B&B application, with an idyllic location on the water in Seaford, was rejected by the Supervisors when owners of a shared access road would not agree with the business proposal. In October, the Supervisors did approve a tourist home on .22 acres in a densely populated area in the upper part of the County. Numerous road outlets, agreement by the neighbors and the stipulation by the applicant that he would reside on the property led to the approval. The Supervisors will hold a public hearing on another application for a tourist home in Historic Yorktown at its December 19th meeting.
g. The Phoenix of Yorktown - The Phoenix at Yorktown is a proposed senior housing facility with 170 residential units (96 independent living, 50 assisted living and 24 memory care). It will be located on the wooded area behind the Coastal Community Church on Victory Boulevard. The Board of Supervisors approved a Special Use Permit for the facility, which required the rezoning of 2 lots on Byrd Lane and an adjoining 8.1-acre parcel from high density residential R13 to GB-General Business. The Phoenix is similar to a continuing care retirement community (CCRC) in which residents are able to "age in place," moving from one level to another level of housing accommodations and care as their needs change. Currently there are no CCRCs in York County. However, there are five age-restricted housing developments in place (with a combined total of 554 units) and four more (with a total of 470 units) that have been approved but are not yet built. Together these projects encompass a wide range of senior housing opportunities, including independent living, congregate care, assisted living, and memory care.
The applicant plans to submit an application to the Commonwealth Transportation Board (CTB), which oversees the Virginia Department of Transportation (VDOT), to allow a break in the limited access to Victory Boulevard so that an entrance/exit to the site can be constructed across from the Walmart driveway. In the past, the Supervisors have indicated that a full four-way traffic signal at the proposed intersection is unacceptable because of the increased delay. The Supervisors approved a right in/right out traffic flow into and out of the facility. Traffic from the facility will be able to flow across the intersection and then turn left towards I-64 but will not be able to drive straight across into the Walmart Shopping Center. Traffic analysis by VDOT shows the new traffic arrangement will have no adverse impact on existing traffic on Victory Boulevard. Currently, the applicant has yet to submit the intersection request to the CTB.
h. Mobile Command Vehicle for the Sheriff’s Department - The Supervisors authorized the purchase of a Mobile Command Vehicle for the Sheriff’s Department at a price of no more than $225,000. Modern law enforcement operations require an onsite command function to coordinate law enforcement, medical and other activities such as hazardous waste spills. The Ebby’s hostage situation that occurred earlier this year in upper York County is a case in point. Coordination between agencies and activities was complicated because of a lack of a command vehicle. The vehicle that will be purchased is 2015 Winnebago Mobile Command Post wired for modern emergency communication and a preinstalled generator. Ten people will be able to operate within the vehicle during an emergency response situation.
i. Proposed Smith Farm Subdivision on Yorktown Road - At its November 21st meeting, the Board of Supervisors will hold a public hearing on a request by the Smith family and Harrison and Lear, Inc. to rezone 113 acres along the north side of Yorktown Road. The property is located between Tabb High School and Tabb Middle School and is directly across from the Victory Estates subdivision. The request is to rezone the property from Rural Residential (1 house per acre) to Residential R20 (1 house per half acre.) The current RR zoning can yield 75 residential lots. The applicant’s original R20 rezoning request would have yielded 142 residential lots. Based on the rezoning proposal and the conflict it had with the County’s Comprehensive Plan, the Planning Commission recommended that the application be denied.
As a result of the Planning Commission’s recommendation, the application was held back (at the applicant’s request) from going before the Supervisors. This gave the developer, Harrison & Lear, time to reach out to various residents from the adjacent neighborhoods. The intent was to hear the residents’ concerns and make adjustments for a more acceptable subdivision plan. Based on the meetings, the developer and Smith family are proposing substantial changes to the development plan.
The new proposal is that the property still be rezoned to R20 but with a proffer that reduces the maximum number of residential lots from 142 down to 113. The proffers for this development were issued before the State’s new proffer law went into effect on July 1, 2016. The proffers stipulate that the lot sizes adjacent to the Plantation Acres subdivision will average one-half of an acre. There will be enhanced buffering along Yorktown Road, which entails a heavily landscaped berm and serpentine brick wall. The developer will established a left turn lane at the main entrance into the development to reduce the potential for back-ups on Yorktown Road. In addition, the development will have 50 acres of open space with a recreation area. There will be turn lane improvements at Hampton Highway and Victory Boulevard, extensive architectural standards to ensure quality, approximately 3,500 feet of lighted sidewalk/multi-use paths along Yorktown Road and 2,200 feet of lighted multi-use trails from Yorktown Road to Mount Vernon Elementary School.
Again, this proposal will come before the Supervisors on November 21st. If you have any thoughts on the matter please get them to me as soon as possible. You can reach all the Supervisors by emailing your comments to BOS@yorkcounty.gov.
4. Public Works – The York County Department of Public Works has been busy in our district. Here is a summary of the action:
a. Sinclair Sewer Project - The Sinclair area sits next to the Mormon Church on Victory Boulevard. Soon the homes in the Sinclair area will be connected to the Hampton Road Sanitation District system. Letters of entry onto the property have been mailed to the residents. The project is being designed in-house and is expected to cost approximately $800,000. Connection to the sewer system is mandatory with very stiff penalties for not doing so. Construction should start in the Fall of 2018.
b. Woodlake Crossing Drainage – This project was over 16 years in the making. It resulted in the reforming of the York County ditch that runs behind the homes on the north side of Stone Lake Court and connects to the 10-acre lake. The project was completed in-house in September at a cost of approximately $50,000.
c. Meadow Lake Farms Drainage Project – The York County ditch behind the homes on Kyle Circle is eroding into the Woodlake Crossing lake. The ditch and outfall will be a priority of the York County Construction Crew in the Spring of 2018.
d. Tabb High School and Bethel Baptist Church Drainage – The County has a drainage easement that runs behind the school and church which needs routine maintenance and some reforming. The project is divided into two phases. Phase 1 will be the cleaning of the paved swale between the two properties and should be completed prior to Thanksgiving. Phase 2 is an open channel ditch behind the school’s soccer field and baseball field. This portion of the drainage system will be evaluated by the County’s engineering team to determine appropriate action.
e. Big Bethel Road Sanitary Sewer Improvements – Residents along Big Bethel Road have been asking for connection to public sewer for quite some time. Currently, prioritization of the area is such that engineering for the project will not begin until 2023. Construction is projected for 2024. The estimated cost to connect the homes is just over $3.7 million.
* Homeowner Associations are encouraged to use portions of this report in preparing their association newsletters. Comments and opinions expressed in the District 5 Report do not necessarily represent the position of the other members of the York County Board of Supervisors. All email correspondence to and from this address is subject to the Virginia Freedom of Information Act and to the Virginia Public Records Act, which may result in monitoring and disclosure to third parties, including law enforcement.
