BOS Minutes 7/18/00

Regular Meeting
July 18, 2000
7:00 p.m.

Meeting Convened. A Regular Meeting of the York County Board of Supervisors was called to order at 7:04 p.m., Tuesday, July 18, 2000, in the Board Room, York Hall, by Chairman Walter C. Zaremba.

Attendance. The following members of the Board of Supervisors were present: Walter C. Zaremba, Sheila S. Noll, Donald E. Wiggins, James S. Burgett, and Melanie L. Rapp.

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

Invocation. Pastor M. A. Truckenmiller from Tabb Church of God gave the invocation.

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

HIGHWAY MATTERS

Mr. Jimmy Hamrick, Assistant Resident Engineer, Virginia Department of Transportation, (VDOT), appeared to discuss highway matters of interest to the Board of Supervisors.

Mrs. Noll reported that a speed limit sign and a dangerous curve sign across from the entrance of the Langley Air Force Base housing on Big Bethel Road was missing, and she asked Mr. Hamrick to check on those signs.

Miss Rapp asked that a portion of the Meadowlake Farms subdivision be added to the paving schedule for pothole repairs, and requested that ditches in that subdivision and in the area of Big Bethel Road and Magruder Boulevard be cleaned out. She thanked VDOT for cleaning out its portion of the ditch on Tinette Drive.

Mr. Wiggins asked when Grafton Drive would be completed.

Mr. Hamrick stated the curb and gutter was in place, and, weather permitting, the project should be finished by the middle or the end of August.

Chairman Zaremba asked if Mr. Hamrick had any feedback on the Hampton Roads Planning District Commission and the Virginia Department of Transportation meeting regarding transportation systems in the Commonwealth.

Mr. Hamrick stated that $100,000,000 had been earmarked for this area which included the expansion of Interstate 64 and two or three projects that will impact traveling the Route 199 corridor.

PRESENTATIONS

YORK COUNTY BOARDS AND COMMISSIONS

Chairman Zaremba and Mr. Burgett introduced and welcomed the following newly appointed members to the York County Planning Commission, and presented them with Boards and Commissions Handbooks and York County pins:

Thomas G. Shepperd
Robert D. Heavner

EMPLOYEE RECOGNITION PROGRAM

Chairman Zaremba congratulated Mr. Ronald Wallace for having attained 25 years of service with the County, and Mr. Roland Dennis for having attained 20 years of service with the County. He then presented Mr. Wallace with a 25-year service pin and certificate, and presented Mr. Dennis with a 20-year service pin and certificate.

VIRGINIA COOPERATIVE EXTENSION PROGRAM

Ms. Betty Parker, 4-H Agent, introduced Ms. Diane Fulton who had joined the staff of the York Cooperative Extension Unit. Ms. Fulton was a former employee of the County and returned to work as a 4-H Extension Agent.

CITIZENS COMMENT PERIOD

Mr. Daniel Brown, 117 Links of Leith, Williamsburg, referring to the President's Park, stated it was important to keep this area intact with historical integrity. He felt the presidential busts had no historical integrity and suggested there be better coordination between James City County, the City of Williamsburg, and York County in terms of preventing future projects such as these.

Mr. Joseph Taylor, 109 Marlbank Drive, congratulated the Board on the completion of Phase I of the beach revitalization. He noted his concerns on the project's return investment and expressed his uncertainty of a tourism plan to help with that investment. He asked what plans were underway to develop a tourism plan, and if funds were available for Phase II of the revitalization. He mentioned the fate of the Yorktown refinery and noted his concern with loss of revenue should it be closed.

Mr. R. Sid Barrett, 200 Harwood Drive, former Chairman of the Industrial Development Authority (IDA), expressed his concern and dismay regarding recent comments and actions by the Board concerning the IDA. He indicated he felt the Board should have discussed and acted on the matter in during a regular meeting providing an opportunity to the staff and citizens to give input.

COUNTY ATTORNEY REPORTS AND REQUESTS

Mr. Barnett reviewed the recent work session during which the Board discussed the Industrial Development Authority. He explained the Board had issued a directive for staff to prepare a resolution to move the IDA under the direction of the County Administrator.

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

Mr. Carter reminded the Board of a work session to be held on August 8, 2000, to discuss Board policies and the proposed Library Management Services Agreement. He noted the Real Estate Office and the Human Resources Office had relocated to the Finance Building. He stated the remainder of the paving in Yorktown, with the exception of a few streets, would be completed soon.

MATTERS PRESENTED BY THE BOARD

Mr. Wiggins stated the Drainage Committee was scheduled to meet on Thursday, July 20, 2000, at 7:00 p.m. in the East Room of York Hall. He also reported that construction on the Seaford gymnasium would begin the first of the year, and the lighting for the Seaford and Dare fields should be completed by October.

Miss Rapp reported on the importance of the Safety Town program offered for pre-school children, and she elaborated on some of the specifics of that program. She thanked the 4th of July Committee, the volunteers, and the staff for another successful July 4th celebration. She stated she would be on vacation and would not be attending the Board meeting on August 1, 2000.

Mrs. Noll also discussed the importance of Safety Town and stated it was a wonderful teaching program for children. She reported on attending an Air Force briefing on the new F22 planes proposed to be stationed at Langley Air Force Base. She stated that Langley was the preferred site, and she discussed some of the effects of that proposal.

Mr. Burgett spoke of the Regional Issues Committee meeting he attended in Virginia Beach that focused on the reconstruction of Atlantic Avenue. He stated Virginia Beach had faced some of the same issues that the County was facing such as traffic, signage, storefronts, and parking, to name several. He proposed that representatives of the City of Virginia Beach be invited to one of the Board's work sessions to discuss their experiences. Mr. Burgett then stated he would be holding a town meeting, tentatively scheduled for September 4, 2000, at the Tabb Library.

Chairman Zaremba thanked the 4th of July Committee for this year's celebration and commended the committee members on the activities. He stated he would be holding an old fashioned town meeting on August 7, 2000, at 7:00 p.m. in the Board Room of York Hall. He invited anyone who had concerns to attend the meeting, and he mentioned a few of the subjects set for discussion which included the waterfront, President's Park, and economic development.

Meeting Recessed. At 7:58 p.m. Chairman Zaremba declared a short recess.

Meeting Reconvened. At 8:06 p.m. the meeting was reconvened in open session by order of the Chair.

PUBLIC HEARINGS

ASSESSMENT FOR LAW LIBRARY

Mr. Barnett made a presentation on proposed Ordinance No. 00-11 to amend Section 1-14 of the York County Code to establish the assessment of civil actions filed in York County at $2.00 for the purpose of funding a public law library. He explained that the Board had previously adopted a similar ordinance setting the assessment at $4.00 per civil action filed, but state statute allowed a maximum of only $2.00.

Chairman Zaremba then called to order a public hearing on proposed Ordinance No. 00-11 which was duly advertised as required by law and is entitled:

AN ORDINANCE AMENDING YORK COUNTY CODE SECTION 1-14, ESTABLISHING THE ASSESSMENT ON CIVIL ACTIONS FILED IN YORK COUNTY AT $2.00 FOR THE PURPOSE OF FUNDING A PUBLIC LAW LIBRARY AND REPEALING ORDINANCE NO. 00-5 ADOPTED MAY 16, 2000

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

Mrs. Noll moved the adoption of proposed Ordinance No. 00-11 which reads:

BE IT ORDAINED by the York County Board of Supervisors this 18th day of July, 2000, that section 1-14 of Chapter 1, General Provisions, York County Code, is hereby amended as follows:

Sec. 1-14. Same-Assessment upon civil actions to fund law library; exceptions.

The sum of two dollars ($2.00) is hereby assessed as a part of court costs incident to each civil action filed in the county circuit court or in the county general district court, which shall be collected by the clerks of the respective courts and remitted to the county treasurer to be held by him, subject to disbursement by this board for the acquisition of law books and law periodicals, and for the establishment, use, maintenance and operation of a law library, which shall be open for the use of the public; provided, however, that such assessment shall not apply to any action in which the Commonwealth of Virginia or any political subdivision thereof or the federal government is a party, and in which the costs are assessed against any of them.

BE IT FURTHER ORDAINED that Ordinance No. 00-5, adopted May 16, 2000, and establishing the assessment at $4.00, is hereby repealed.

BE IT FURTHER ORDAINED that this ordinance shall take effect upon adoption.

On roll call the vote was:

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

VACATION OF DRAINAGE EASEMENT

Mr. James Barnett, County Attorney, made a presentation on proposed Resolution R00-110 to authorize the vacation of a portion of a County drainage easement across property owned by Commonwealth Communities, L.C., located in Greenlands subdivision.

Chairman Zaremba called to order a public hearing on proposed Resolution R00-110 which was duly advertised as required by law and is entitled:

A RESOLUTION TO AUTHORIZE EXECUTION OF AN INSTRUMENT VACATING A PORTION OF A COUNTY DRAINAGE EASEMENT ACROSS PROPERTY OWNED BY COMMONWEALTH COMMUNITIES, L.C. AND LOCATED IN GREENLANDS SUBDIVISION

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

Mr. Wiggins then moved the adoption of proposed Resolution R00-110 which reads:

A RESOLUTION TO AUTHORIZE EXECUTION OF AN INSTRUMENT VACATING A PORTION OF A COUNTY DRAINAGE EASEMENT ACROSS PROPERTY OWNED BY COMMONWEALTH COMMUNITIES, L.C. AND LOCATED IN GREENLANDS SUBDIVISION

WHEREAS, by virtue of an easement deed dated August 3, 1998, and recorded in Deed Book 1032, page 708, a 20' permanent drainage easement was created across certain property now owned by the landowner in connection with the construction of the Tabb Public Library on adjacent property owned by the County; and

WHEREAS, certain portions of the drainage easement have been rendered unnecessary, and the landowner has requested the Board to vacate such unnecessary portions as shown on the plat transmitted to the Board by report of the County Administrator dated June 27, 2000; and

WHEREAS, the landowner, Commonwealth Communities, L.C., has indicated a willingness to convey to the County the additional easements shown on the plat; and

WHEREAS, this matter has been duly advertised for a public hearing as required by Code of Virginia §15.2-1800, and this Board is of the opinion that such portions of the easement as described herein should be vacated;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 18th day of July, 2000, that upon receipt from Commonwealth Communities, L.C. of an executed deed conveying to the County the easements shown on the plat, the County Administrator be, and is hereby authorized, for and on behalf of the Board to execute an instrument vacating the said drainage easement, such instrument to be approved as to form by the County Attorney.

On roll call the vote was:

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

APPLICATION NO. ZT-48-00, YORK COUNTY PLANNING COMMISSION

Mr. Robert Baldwin, Chief Planner, and Mr. James Noel, Executive Director of the Industrial Development Authority, made a presentation on Application ZT-48-00 to amend the York County Zoning Ordinance to delete places of worship as permitted uses in the Limited Industrial and Water-Oriented Commercial Industrial zoning districts. The Planning Commission considered the application and forwarded it to the Board of Supervisors with a recommendation of approval, and staff recommended approval of the application through the adoption of proposed Ordinance No. 00-12.

Chairman Zaremba called to order a public hearing on Application ZT-48-00 which was duly advertised as required by law. Proposed Ordinance No. 00-12 is entitled:

AN ORDINANCE TO APPROVE APPLICATION NO. ZT-48-00 TO AMEND CHAPTER 24.1, ZONING, YORK COUNTY CODE, TO ALLOW CONSIDERATION OF A PROPOSED REVISION TO SECTION 24.1-306, TABLE OF LAND USES, CATEGORY 6 - INSTITUTIONAL USES, OF THE ZONING ORDINANCE

Mr. Clint Ashe, 216 Fishneck Landing Road, Pastor of Living Word Family Church, expressed the need for churches to expand, and the need for churches to be stronger in the community to promote family values and safety in the community. He did not agree that churches could be told they couldn't exist in certain areas.

Mr. Robert Maynard, 216 Pasture Lane, spoke on behalf of the residents of Wythe Creek Farms Subdivision, and stated the proposed amendment singled out churches, and he asked that the Board set aside the decision of the Planning Commission and allow churches to build in the IL district.

Mr. William Powell, 107 Myers Road, spoke of constitutional rights with respect to religion and churches, and stated he was opposed to the proposed ordinance.

Mr. Joseph Latchum, 116 West Landing, Williamsburg, appeared on behalf of Fred Keener, a landowner of a tract of land off Commonwealth Drive. He explained that Mr. Keener had a purchaser for the property which was Northside Church of Christ, and stated he did not support the proposed ordinance. He stated the amendment negated a significant economic opportunity and benefit to the County by his client's participation in some of the infrastructure costs since currently there was no infrastructure at all.

Mr. Dale Cupp, 22245 Cabin Point Road, Disputanta, stated how much work, time, and involvement had taken place over the last 14 years in trying to develop this tract of land. He explained this was the first time he had had a contract on this piece of property, and now the County wanted to back out of its deal. He further stated that approximately $30,000-$40,000 had been spent in environmental studies for the property which were requested by the County.

Ms. Elizabeth L. White, 11817 Canon Boulevard, Newport News, attorney representing St. Mark Lutheran Church, supplied the Board with a map and stated an objection to the timing of this housekeeping amendment to eliminate church uses. She stated the church currently had an application pending for rezoning from limited industrial to general business. She indicated the proposed amendment, if passed, would rezone the Church's property so that church uses would be prohibited on those lots.

Mr. Ray Suttle, Jr., representing Northside Church of Christ, stated the church objected to this proposed amendment and identified the reasons for its objections. He stated the County was singling out churches, and the church would have a positive impact on the tax base in York County even though churches don't pay taxes. Revenues would come from the church members who visit County businesses or restaurants. He asked the Board to deny the proposal.

Mr. Adrian Marshall, 20 Bernard Drive, Newport News, a commercial real estate agent representing Mr. Keener, stated he felt churches were comparable with other uses allowed in the light industrial zone such as pre-schools, child care facilities, and libraries. He stated the church added benefit to the community, and he presented a petition to the Board signed by 288 property owners in favor of allowing the church to remain in the IL zone. He asked that the ordinance be denied.

Mr. Bill Sears, 532 Kerry Lake Drive, Newport News, appearing on behalf of Mr. Keener, distributed a plat along with a letter he asked the Board members to read. He stated as a matter of right, a church, or a place of worship, could go in any zoning district in Newport News, James City County, and Hampton. He stated he didn't feel that York County should penalize a church by not allowing them to go in any type of zoning. He stated the Board needed to give Jim Noel some support, find him an industrial park, put in the infrastructure, and let him bring some business into the County.

Dr. Robert George, 3212 Hampton Highway, member of Northside Church of Christ, stated York County stood for a lot of good things such as children's programs, community and family activities, and he felt the County had worked hard to obtain the reputation it had. He felt such an amendment would be going backward and could cause a lot of damage that would be hard to correct. He asked the Board to reconsider the request.

There being no one else present who wished to speak concerning the subject application, Chairman Zaremba closed the public hearing.

Mr. Baldwin explained this parcel was designated as an economic development priority area and was designated in the Comprehensive Plan for future consideration as an economic opportunity district.

Mr. Burgett asked Mr. Noel if anyone from the church had contacted him about the property and if he advised them of what the County was looking for in the future for this particular parcel.

Mr. Noel stated he met with Mr. Marshall quite some time ago and discussed this parcel in depth. He indicated he advised him at that time that this was an economic development priority area, and that the IDA had been working very diligently to try to see it developed for commercial activities. He further advised Mr. Marshall that there might be other areas in the County that would be a much better choice for a church.

Mr. Burgett indicated that if it were not for the Board's concern about St. Mark's, this amendment would have already been adopted.

Mr. Noel stated Mr. Burgett was correct, noting that staff was very concerned about how the amendment would impact St. Mark's, and had delayed it as a direct result of conversations with the church.

Mr. Baldwin explained the intent of the amendment was to put the Zoning Ordnance back to its 1995 condition, which precluded places of worship from the County's industrial districts. He further explained that the Zoning Ordinance was amended in 1995 to allow churches in the IL district, but there was no indication why that was allowed.

Mr. Burgett indicated a mistake was made in 1995, and the Board was being asked, by denying the proposed ordinance, to continue on with that mistake. He stated he felt such an action would be against the interests of the citizens. He further stated he had talked to the zoning officials in both Newport News and Hampton, and was told that places of worship were not permitted as a matter of right; they required a conditional use permit. Hampton has five industrial zones, and places of worship were not allowed in any of them. York County was the only jurisdiction that allowed places of worship in light industrial by right, which prior to 1995 was not possible.

Mrs. Noll then moved the adoption of proposed Ordinance No. 00-12 which reads:

WHEREAS, Chapter 24.1, Zoning, of the York County Code was adopted on June 28, 1995; and

WHEREAS, the Zoning Ordinance included a change to the Table of Land Uses thereby permitting places of worship, by right, in the IL-Limited Industrial and WCI-Water Oriented Commercial/Industrial district; and

WHEREAS, permitting places of worship by right allows tax exempt institutional development on property zoned for light industrial uses; and

WHEREAS, the County has a limited supply of developable light industrial property; and

WHEREAS, the Executive Director of the Industrial Development Authority requested that the Zoning Ordinance be amended to return places of worship to their pre-1995 status; and

WHEREAS, the Planning Commission sponsored Application No. ZM-48-00 to amend the York County Zoning Ordinance to make the adjustment; and

WHEREAS, the Commission has conducted a duly advertised public hearing on this application and has recommended its approval;

NOW, THEREFORE, BE IT ORDAINED by the York County Board of Supervisors this 18th day of July, 2000, that it does approve Application No. ZT-48-00 to amend Section 24.1-306, Table of Land Uses, of Chapter 24.1, Zoning, of the York County Code, to remove Place of Worship as a permitted use in the Limited Industrial and Water-Oriented Commercial and Industrial Zoning Districts, to-wit:

* * *
Sec. 24.1-306. Table of land uses.

* * *

P=PERMITTED USE

S=PERMITTED BY SPECIAL USE PERMIT

RESIDENTIAL

DISTRICTS

COMMERCIAL AND INDUSTRIAL

DISTRICTS

R20

R13

RMF

WCI

USES

CATEGORY 6 - INSTITUTIONAL USES

1. Place of Worship including Accessory Parsonage, Parochial School, Accessory Day Care, Accessory Cemetery

2. Nursing Home

3. Medical Care Facility, including General Care Hospital, Trauma Center

4. Emergency Care/First-Aid Centers or Clinic

5. Secured Medical Facility

On roll call the vote was:

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

Meeting Recessed. At 9:50 p.m. Chairman Zaremba declared a short recess.

Meeting Reconvened. At 9:58 p.m. the meeting was reconvened in open session by order of the Chair.

CONSENT CALENDAR

Chairman Zaremba asked that Item Nos. 5, 6, 8, and 12 be removed from the Consent Calendar.

Miss Rapp asked that Item No. 14 be removed from the Consent Calendar.

Mr. Burgett moved that the Consent Calendar be approved as amended, Item Nos. 4, 7, 9, 10, 11, 13, and 15, respectively.

On roll call the vote was:

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

Thereupon, the following minutes were approved and resolutions adopted:

Item No. 4. APPROVAL OF MINUTES

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

May 30, 2000, Adjourned Meeting.
June 6, 2000, Regular Meeting.

Item No. 7. REGIONAL ISSUES COMMITTEE - RAIL SERVICE ENHANCEMENTS: Resolution No. R00-102.

A RESOLUTION TO SUPPORT EFFORTS TO OBTAIN ENHANCEMENTS TO RAIL SERVICE TO THE HISTORIC TRIANGLE AND ENCOURAGE THE COMMONWEALTH OF VIRGINIA TO INCREASE ITS EFFORTS TO BRING SUCH ENHANCEMENTS TO THE LOCAL AREA

WHEREAS, the Historic Triangle of Williamsburg, James City County and York County is a vibrant, growing region of the Commonwealth; and

WHEREAS, millions of visitors come to the Historic Triangle each year because of its unique attributes; and

WHEREAS, those visitors are significant contributors to the economic vitality of the Commonwealth; and

WHEREAS, improved rail service to the Historic Triangle, Virginia Peninsula, and the entire Hampton Roads region will be increasingly important in providing safe and convenient access to the area in combination with road and air transportation facilities; and

WHEREAS, The Report of the Celebration 2007 Steering Committee calls for a variety of transportation modes to support the Celebration, including enhanced rail service; and

WHEREAS, the City of Williamsburg and the Commonwealth have invested significant funds and effort to upgrade the Williamsburg Transportation Center to make it available to accommodate increased rail service in the future, as well as serve as a multi-modal transportation center;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 18th day of July, 2000, that it does hereby express its strong support for the following enhancements to the rail service to the Historic Triangle and encourages the Commonwealth of Virginia to increase its efforts to have these enhancements brought to the area as soon as possible:

· High speed rail service from Washington, D. C. to Richmond, Virginia, with connections along the Virginia Peninsula to the Historic Triangle and Newport News/Hampton, Virginia;

· Enhanced Rail Improvements as recommended in the I-64 Major Investment Study approved by the Hampton Roads Metropolitan Planning Authority to include higher speed rail service, more frequent service, rail station expansions, additional and upgraded tracks, and crossing improvements.

· Light Rail Transit service along the CSX Corridor providing connections between the Historic Triangle, Newport News-Williamsburg International Airport and the Newport News/Hampton area, with the potential for future extensions to the Southside through the proposed Hampton Roads Third Crossing.

Item No. 9. WORKFORCE INVESTMENT BID: Resolution R00-115

A RESOLUTION TO APPROVE AMENDMENTS TO THE INTERGOVERNMENTAL AGREEMENT FOR WORKFORCE DEVELOPMENT SERVICES BETWEEN THE POLITICAL SUBDIVISIONS OF THE GREATER PENINSULA WORKFORCE INVESTMENT AREA

WHEREAS, the business community and local governments on the Greater Peninsula recognized as early as 1996 that improving the area's workforce needed to be afforded high priority; and

WHEREAS, the Cities of Hampton, Newport News, Poquoson, and Williamsburg, and the Counties of Gloucester, James City, and have established a "Greater Peninsula" service delivery area, a Workforce Investment Board that is business driven and the Greater Peninsula Workforce Development Consortium, which is comprised of the Mayors and Chairs of the member localities; and

WHEREAS, the City Attorney of Newport News has opined that amendments to the agreement establishing the Consortium are needed in order to permit the full and complete transaction of appropriate business;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 18th day of July, 2000, that the County Administrator be, and hereby is, authorized to execute the Intergovernmental Agreement for Workforce Development Services Between the Political Subdivisions of the Greater Peninsula Workforce Investment Area as amended, substantially in the same form as that transmitted to the Board by report of the County Administrator dated July 3, 2000.

BE IT FURTHER RESOLVED that Walter C. Zaremba, Chair of Board of Supervisors and therefore the Chief Elected Official for York County, is appointed as the representative to the Greater Peninsula Workforce Development Consortium and James S. Burgett, Vice Chairman, is appointed to serve as alternate.

Item No. 10. WILDEY ROAD WATER LINE EXTENSION: Resolution R00-112

A RESOLUTION TO APPROVE THE PROCUREMENT OF NEWPORT NEWS WATERWORKS TO CONSTRUCT THE WILDEY ROAD WATER LINE EXTENSION PROJECT

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 Wildey Road Waterline Extension Agreement with Newport News Waterworks is necessary and desirable, and the agreement 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 July, 2000, that the County Administrator be, and he is hereby authorized to execute the Wildey Road Water Extension Agreement with Newport News Waterworks to extend public facilities to the end of Wildey Road and pay Newport News Waterworks $42,700 to construct the water line extension.

AMOUNT
Wildey Road Water Line Extension Project $ 42,700

Item No. 11. PUBLIC SEWER EXTENSION AGREEMENT: Resolution R00-111

A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY SEWER SYSTEM TO THE PROPOSED DEVELOPMENT, WASH MOORE CARWASH FACILITY, AND AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC SEWER EXTENSION AGREEMENT

WHEREAS, Clear Moore Corporation has requested that the County enter into a public sewer extension agreement pursuant to § 18.1-53 (b) of the York County Code to serve a commercial facility; and

WHEREAS, the plan for the proposed project has been reviewed by the County; and

WHEREAS, prior to final approval of these plans and the initiation of any construction activity, it is necessary that a determination be made as to whether the Board will authorize the extension of the public sewer facilities of the County to serve the proposed development; and

WHEREAS, it has been determined that sufficient capacity exists in the County's existing sewer system to serve the proposed development, or will exist when the facilities proposed by the developer are constructed; and

WHEREAS, in accordance with the terms of Chapter 18.1 of the York County Code the total connection fee to be paid to the County for the proposed extension to serve this development has been determined to be $11,500.00;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 18th day of July, 2000, that the Board approves the extension of the County's public sewer system to serve the proposed development, Wash Moore Carwash Facility, and that the County Administrator be, and he hereby is, authorized to execute a public sewer extension agreement with Clear Moore Corporation for the proposed extension; such agreement to be approved as to form by the County Attorney.

Item No. 13. CONTRIBUTION TO THE NASA AERONAUTICS SUPPORT TEAM: Resolution R00-122

A RESOLUTION TO APPROVE A CONTRIBUTION TO THE NASA AERONAUTICS SUPPORT TEAM

WHEREAS, during the recent past the future of the NASA Langley Research Center has been somewhat uncertain and in order to help educate key parties and the community of the importance of this facility to aviation and aeronautics safety, research and development and its importance to the national and regional economies, the NASA Aeronautics Support Team was formed; and

WHEREAS, the team has requested a contribution of $24,000 in Fiscal Year 2001 and given that the first three months of Fiscal Year 2001 are already funded at $2000 per month, an additional contribution of $18,000 is necessary to provide the amount requested for Fiscal Year 2001 ($2,000 per month from October 2000 through June 2001);

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 18th day of July, 2000, that the expenditure of $18,000 be, and hereby is, authorized from the General Fund Contingency Reserve for the purpose of making a contribution to the NASA Aeronautics Support Team.

Item No. 15. APPROPRIATION OF EXCESS IMPACT AID RECEIPTS: Resolution R00-117

A RESOLUTION TO APPROPRIATE LOCAL FUNDS IN AN AMOUNT EQUAL TO THE EXCESS OF ACTUAL FISCAL YEAR 2000 IMPACT AID RECEIPTS OVER THE AMOUNT BUDGETED AND TO DESIGNATE THESE FUNDS FOR THE BRUTON HIGH SCHOOL RENOVATION PROJECT

WHEREAS, the federal Department of Education made final Impact Aid payments for several prior fiscal years and, as a result, the amount of Impact Aid received by the County School Division for Fiscal Year 2000 exceeded the budgeted amount by approximately $804,177; and

WHEREAS, these Impact Aid receipts were expended during Fiscal Year 2000 for school operations resulting in a local fund balance which is approximately $804,177 greater than would otherwise have been generated; and

WHEREAS, the School Board has requested that these local funds be transferred to the School Construction Fund and that they be designated for the Bruton High School Renovation Project;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 18th day of July, 2000, that $804,177 be, and hereby is, appropriated in the General Fund for transfer to the School Construction Fund.

BE IT FURTHER RESOLVED that $804,177 be, and hereby is, designated in the School Construction Fund for the Bruton High School Renovation Project.

BE IT STILL FURTHER RESOLVED that, should the amount of Impact Aid in excess of the budget reported in the audited Fiscal Year 2000 Comprehensive Annual Financial Report differ from that reflected above, the County Administrator be, and hereby is, authorized to adjust the above appropriations to reflect any difference.

Item No. 5. PENNIMAN ROAD WATER PROJECT: Proposed Resolution R00-106 (Removed from the Consent Calendar)

Chairman Zaremba asked Mr. Hudgins to explain what the water project involved.

Mr. Hudgins stated it was a part of the Strategic Capital Plan Project to extend the water to the communities on Lodge Road, Payne Road, Springfield Road, and also provide for future service to the fuel farm property.

Chairman Zaremba then moved the adoption of proposed Resolution R00-106 which reads:

A RESOLUTION TO AUTHORIZE CONSTRUCTION OF THE PENNIMAN ROAD WATER PROJECT

WHEREAS, the County Administrator has determined that the following procurements are necessary and desirable, that they involve 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 July, 2000, that the County Administrator be, and hereby is, authorized to conclude procurement arrangements for the following:

AMOUNT
Penniman Road Water Project $ 583,947

On roll call the vote was:

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

Item No. 6. SKIMINO DRAINAGE IMPROVEMENT PROJECT: Proposed Resolution R00-116. (Removed from the Consent Calendar)

Chairman Zaremba asked for a summary of the project.

Mr. Hudgins explained the project was to improve drainage in the Skimino fire station area and keep runoff from impacting nearby homes.

Chairman Zaremba then moved the adoption of proposed Resolution R00-116 which reads:

A RESOLUTION TO APPROVE THE PROCUREMENT OF J. SANDERS TO CONSTRUCT THE SKIMINO DRAINAGE IMPROVEMENT PROJECT

AMOUNT
Skimino Drainage Improvement Project $ 74,660

On roll call the vote was:

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

Item No. 8. EMERGENCY HOME REPAIR PROGRAM: Proposed Resolution R00-105. (Removed from the Consent Calendar)

Chairman Zaremba asked for further explanation of the program.

Mrs. Anne B. Smith, Director of Community Services, explained the program provided funding through the Virginia Department of Housing and Community Development of the Commonwealth for the removal of safety and health hazards from owner-occupied, low income residents' homes in the County.

Chairman Zaremba then moved the adoption of proposed Resolution R00-105 which reads:

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

WHEREAS, the York County Board of Supervisors has a long standing commitment to assisting the County's low income citizens in meeting essential housing needs; and

WHEREAS, the County has administered an Emergency Home Repair Program since 1989 and this program represents a valuable resource for the County's citizens; and

WHEREAS, the requirement for matching funds can be achieved through programs and resources currently budgeted or administered by the County;

NOW, THEREFORE BE IT RESOLVED by the York County Board of Supervisors this the 18th day of July, 2000, that the County Administrator be, and he is hereby, authorized to accept funding in the amounts offered the County by the Virginia Department of Housing and Community Development, execute any necessary grant agreements, related contracts, or other documents, subject to approval as to form by the County Attorney, and to do all things necessary to implement the Emergency Home Repair Program.

BE IT FURTHER RESOLVED that the County Administrator is authorized to accept any subsequent offer of funding that would not exceed available resources for any required matches and to increase amounts appropriated in the FY2001 budget if and when funds become available and to advise the Board of all such actions in writing.

On roll call the vote was:

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

Item No. 12. PUBLIC SEWER EXTENSION AGREEMENT AND GRINDER PUMP AGREEMENT - PENNIMAN ROAD COMMERCE PARK: Proposed Resolution R00-30. (Removed from the Consent Calendar)

Chairman Zaremba asked for further explanation of the project.

Mr. Hudgins stated the sewer extension was for a development of three shell-type office/warehouse buildings to tie into the force main that runs along Penniman Road.

Chairman Zaremba then moved the adoption of proposed Resolution R00-30 which reads:

A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY SEWER SYSTEM TO THE PROPOSED DEVELOPMENT, PENNIMAN ROAD COMMERCE PARK, AND AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC SEWER EXTENSION AGREEMENT

WHEREAS, The Digges Company has requested that the County enter into a public sewer extension agreement pursuant to § 18.1-53 (b) of the York County Code to serve three buildings; and

WHEREAS, the plan for the proposed project has been reviewed by the County; and

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 18th day of July, 2000, that the Board approves the extension of the County's public sewer system to serve the proposed development, Penniman Road Commerce Park, and that the County Administrator be, and he hereby is, authorized to execute a public sewer extension agreement with The Digges Company for the proposed extension; such agreement to be approved as to form by the County Attorney.

On roll call the vote was:

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

Item No. 14. APPROPRIATION FOR THE YORKTOWN LIBRARY RENOVATIONS PROJECT: Proposed Resolution R00-114 (Removed from the Consent Calendar)

Miss Rapp asked if it was known yet if the Library Foundation would be able to contribute $25,000.00 to the renovation project.

Mr. Carter stated the proposed resolution appropriated an amount without that contribution, and referred to it as a pending contribution. He explained if the contribution was not made by the Foundation, the scope of the project would be reduced accordingly.

Mrs. Noll then moved the adoption of proposed Resolution R00-114 which reads:

A RESOLUTION TO APPROPRIATE FUNDING FOR THE YORKTOWN LIBRARY RENOVATION PROJECT

WHEREAS, during the work session held June 13, 2000, details of the proposed renovation of the Yorktown Library were presented and after review of the plans and discussion of the proposed project, the consensus of the Board was to proceed with the project; and

WHEREAS, the estimated cost of the project is $480,000 and anticipated funding for this project includes $108,475 in the Capital Fund, $346,525 from the General Fund and a $25,000 contribution from the Library Foundation; and

WHEREAS, of the $346,525 to be provided from the General Fund the FY2001 appropriations include $100,000 in the General Fund capital maintenance activity and $40,000 in the Library operating budget resulting in the need to appropriate an additional $206,525 ($346,525-$100,000-$40,000); and

WHEREAS, the Library Foundation has not has not yet approved the contribution of $25,000 referenced above, therefore, only $455,000 ($480,000 - $25,000) is currently available for appropriation in the Capital Fund;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 18th day of July, 2000, that $206,525 be, and hereby is, appropriated in the General Fund for transfer to the Capital Fund.

BE IT FURTHER RESOLVED, that $455,000 be, and hereby is, appropriated in the Capital Fund for the renovation of the Yorktown Library.

BE IT STILL FURTHER RESOLVED, that the County Administrator be, and he hereby is, authorized to procure goods, equipment, and services and to do all things necessary associated with the renovation of the Yorktown Library Renovation Project whether through change order or otherwise, without further action by this Board, provided that the total cost of said purchases shall not exceed the funding available for this project.

On roll call the vote was:

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

NEW BUSINESS

PURCHASE OF JAMES CITY COUNTY'S INTEREST IN SANITARY DISTRICT NO. 1.

Mr. Barnett briefed the Board on proposed Resolution R00-118 which would authorize the purchase of the interest of James City County in certain property acquired and held for the benefit and purposes of Sanitary District No. 1.

Miss Rapp moved the adoption of Resolution R00-118 which reads:

A RESOLUTION TO AUTHORIZE THE PURCHASE BY YORK COUNTY OF THE INTEREST OF JAMES CITY COUNTY IN CERTAIN PROPERTY ACQUIRED AND HELD FOR THE BENEFIT AND PURPOSES OF SANITARY DISTRICT NO. 1

WHEREAS, the respective Boards of York County and James City County entered into an agreement dated October 20, 1960, subsequently amended by an agreement dated November 12, 1962, whereby the two jurisdictions agreed to the manner by which property would be acquired and utilized in connection with Sanitary District No. 1, created by an order of the York County Circuit Court; and

WHEREAS, the agreement, as amended, recognized that James City County had contributed 33% of the cost of acquiring certain real property designated as the site for a proposed sewage disposal plant, such property consisting of three parcels in York County identified as York County Tax Map Parcels 11-46, 11-47, and 11-48 ("the Sewage Disposal Plant Property"); and

WHEREAS, the agreement, as amended, provided that no real property acquired for the purpose of constructing any portion of the proposed sewage collection and disposal system would be disposed of by the respective owners without a duly authorized resolution by both jurisdictions permitting such disposal; and

WHEREAS, it is the desire of this Board to acquire the outstanding interest of James City County in the Sewage Disposal Plant Property; and for Sanitary District No. 1 to release the Sewage Disposal Plant Property from any obligations imposed by virtue of the terms and conditions of the above referenced agreement;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 18th day of July, 2000, acting as the Board for York County Sanitary District No. 1, authorizes the County of York, Virginia, to purchase the value of the interest of James City County in and to the Sewage Disposal Plant Property, and to release the subject property from the terms and conditions of the referenced agreement of October 20, 1960, as amended by an agreement dated November 12, 1962; and

BE IT FURTHER RESOLVED that the Board of Supervisors for James City County is requested to convey its interest in the subject property to York County, and to accept as full payment therefore the sum of $6,600.00, representing 33% of the current appraised value of the property; and

BE IT FURTHER RESOLVED that the County Administrator be, and he hereby is, authorized and directed to take all actions necessary to accomplish the purchase of James City County's interest in the subject property, and in connection herewith to execute such agreements or other documentation as may be required to evidence the release of the Sewage Disposal Plant Property for the terms and conditions of the agreement referenced above, any such documentation to be approved as to form by the County Attorney.

On roll call the vote was:

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

ESTABLISHMENT OF A VIDEO SERVICES DIVISION

Mr. Carter explained the purpose of proposed Resolution R00-121 to authorize the execution of an agreement between the York County Board of Supervisors and the York County School Board to form a Video Services Division to serve the television/video needs of both the County government and the County school system, as well as a Video Services Board that will oversee the division. He explained the agreement would set up the joint arrangement between the School Board and the County for the consolidation of the Video Services operation of both the School Board and the County.

Chairman Zaremba moved the adoption of Resolution R00-121 which reads:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AN AGREEMENT BETWEEN THE YORK COUNTY BOARD OF SUPERVISORS AND THE YORK COUNTY SCHOOL BOARD TO FORM A VIDEO SERVICES DIVISION TO SERVE THE TELEVISION/VIDEO NEEDS OF BOTH THE COUNTY GOVERNMENT AND THE COUNTY SCHOOL SYSTEM AND A VIDEO SERVICES BOARD WITH THREE MEMBERS WHO WILL OVERSEE THE DIVISION TO ENSURE EQUITABLE AND EFFICIENT SERVICE TO THE TWO PARTIES AND TO APPROPRIATE THE FUNDS NECESSARY FOR AN ADDITIONAL VIDEO PRODUCTION SPECIALIST

WHEREAS, York County received three government/education access channels as a result of its Cable Franchise Agreement with Cox Communications in August, 1997; and

WHEREAS, the County government's Video Services staff has been managing and operating one of those channels, # 36/46 to carry live coverage of meetings held by County Boards and Commissions and to carry other news and information the County provides to the community, and Video Services has been allowing a second cable channel, # 38/48, to carry the NASA programming which is of interest to a wide audience of York County military residents as well as students; and

WHEREAS, the County School system has been utilizing the third cable channel to carry live coverage of its School Board meetings and other school news of interest to the community; and

WHEREAS, the Board believes that the consolidation of the management and operation of all three cable channels in a single Video Services Division serving both the County government and the School system would result in more cost effective, efficient, and professional management of television/video services for both parties; and

WHEREAS, pursuant to the terms of the agreement, with the exception of a television teacher, all full-time Video Services Division personnel will be considered County employees and at the time the County's budget was adopted the School Board had not yet acted to approve the funds to be transferred to the County for the second video production specialist included in the agreement, it is now necessary to appropriate the funds required for the additional position;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 18th day of July, 2000, that the County Administrator be, and he is hereby, authorized to execute for and on behalf of the Board the agreement with the York County School Board attached hereto which provides for the formation of a consolidated Video Services Division which will report to a three-person Video Services Board in order to provide professional television/video services equitably and efficiently to both the County government organization and the School system.

BE IT FURTHER RESOLVED that $28,000 be, and is hereby, appropriated in the General Fund for the purpose of funding a Video Production Specialist position in the Video Services Division.

On roll call the vote was:

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

CLOSED MEETING. At 10:31 p.m. Mr. Burgett moved that the meeting be convened in Closed Meeting pursuant to Section 2.1-344(a)(1) of the Code of Virginia pertaining to appointments to Boards and Commissions.

On roll call the vote was:

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

Meeting Reconvened. At 10:40 p.m. the meeting was reconvened in open session by order of the Chair.

Mr. Wiggins 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 2.1-344.1 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 18th day of July, 2000, 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) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)

APPOINTMENT TO THE YORK COUNTY WETLANDS BOARD

Miss Rapp moved the adoption of proposed Resolution R00-113 which reads:

A RESOLUTION TO APPOINT A MEMBER TO THE YORK COUNTY WETLANDS BOARD

WHEREAS, Thomas G. Shepperd resigned from the York County Wetlands Board on June 29, 2000;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 18th day of July, 2000, that Troy Maxwell be, and he is hereby, appointed to the York County Wetlands Board for the remainder of Thomas G. Shepperd's term, such term to expire on June 30, 2003.

On roll call the vote was:

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

APPOINTMENT TO THE VIRGINIA PENINSULAS PUBLIC SERVICE AUTHORITY (VPPSA) BOARD OF DIRECTORS

Chairman Zaremba moved the adoption of proposed Resolution R00-109 which reads:

A RESOLUTION TO APPOINT THE YORK COUNTY ALTERNATE TO THE VIRGINIA PENINSULAS PUBLIC SERVICE AUTHORITY BOARD OF DIRECTORS

WHEREAS Lynn H. Shematek has served as York County's alternate on the Virginia Peninsulas Public Service Authority (VPPSA) Board of Directors; and

WHEREAS, Ms. Shematek has left York County employment as its Waste Services Manager;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 18th day of July, 2000, that Frank Hedspeth, newly appointed Waste Services Manager for York County, be, and he is hereby, appointed as the York County alternate to the VPPSA Board of Directors to fill the unexpired term of Lynn H. Shematek, such term to expire December 31, 2000.

On roll call the vote was:

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

TOURISM ALLOCATIONS (Not on Agenda)

The Board briefly discussed tourism allocations and reached the following consensus:

1. Award $6,500 to the Celebrate Yorktown Committee for publications/promotions.

2. Request the Watermen's Museum to submit information on any additional construction related loses.

3. Request the Daughters of the American Revolution (DAR) to submit information on programs it offers and funding needs for those or capital projects. The Board declined to support the DAR request for operational expenses support.

AFTER PROM CONTRIBUTIONS (Not on Agenda)

The Board discussed after prom contributions, and the consensus was to either contribute to all of the County's high schools or none of them.

Miss Rapp indicated she would check to see which schools held after prom parties this year.

PRESIDENT'S PARK SURVEY (Not on Agenda)

The Board briefly discussed the public opinion survey and questionnaire pertaining to the President's Park proposal.

Chairman Zaremba requested additional time to review the proposed questions.

Meeting Adjourned. At 10:53 p.m. Chairman Zaremba declared the meeting adjourned sine die.

______________________________               __________________________________
Daniel M. Stuck, Clerk                                    Walter C. Zaremba, Chairman
York County Board of Supervisors                  York County Board of Supervisors

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