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Regular Meeting
October 17, 2000
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board
of Supervisors was called to order at 7:03 p.m., Tuesday, October 17,
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, Donald E. Wiggins, James S.
Burgett, and Melanie L. Rapp.
Sheila S. Noll was absent.
Also in attendance were Daniel M. Stuck, County Administrator; and
James E. Barnett, County Attorney.
Invocation. The Reverend Royce Horne, Heritage Free Will Baptist Church,
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. He reported that Grafton Drive
was now complete and that the project at Washington Square was near
completion.
Mr. Wiggins inquired about the drawings depicting the drainage
system in Edgehill that was discussed at one of the Drainage Committee
meetings.
Mr. Hamrick stated he would check to see if the drawings were
complete.
Mr. Wiggins reported on the York Point Homeowners Association
dinner he attended and stated the homeowners were appreciative of VDOT's
efforts in correcting their drainage problems.
Mr. Burgett reminded Mr. Hamrick that he still hadn't received a
paving schedule for next year and asked what input the Board could have
in the schedule.
Mr. Hamrick stated the schedule would come later on in the year,
and he asked Mr. Burgett to send his input for the schedule by way of
email.
Chairman Zaremba reported on a letter from VDOT that was sent to
homeowners who live near the Rochambeau Road area regarding the widening
of I-64 from the Camp Peary exit north to the I-64 Lightfoot Road exit.
He felt the letter wasn't clear to the citizens, and he asked for an
explanation.
Mr. Hamrick stated he had received numerous calls in the last few
days on this, and he explained that VDOT usually sent out flyers to
people letting them know that surveying was being done in the area. He
stated there were some misrepresentations in the letters, and he did not
know if new letters would be replacing those. He explained that the
plans were for widening one additional lane in each direction.
Chairman Zaremba asked if any condemnation action was planned for
the widening.
Mr. Hamrick stated everything would be kept within the existing
right-of-way.
Chairman Zaremba suggested that VDOT correctly inform the citizens
of its intentions in the future.
PRESENTATIONS
YORK COUNTY COMMISSIONER OF THE REVENUE
Mrs. Ann Thomas, Commissioner of the Revenue, appeared before the
Board to make a presentation on the functions and operations of her
office, including the kinds of taxes collected in the County. She
explained the qualifications for the Tax Relief for the Elderly and
Disabled Program and the program for Assistance on State Income Tax. She
also discussed income tax filing procedures.
Mr. Burgett stated he received calls when assessments go out, and
he mentioned the assessments received by senior citizens. He asked Ms.
Thomas if the Board could legally exempt certain individuals from paying
taxes.
Mrs. Thomas indicated there was a deferral program that the County
had years ago, and presently a tax exemption program existed. She
explained that a deferral program defers taxes until the property was
sold; a tax exemption actually exempts the tax so that the taxpayer
never owes the tax.
Mr. Burgett questioned the success of those programs.
Mrs. Thomas stated she did not know the history on those programs
nor did she know if the records still existed back to the 1970s when the
program existed. The County had the deferral for just a few years until
it was abolished.
Mr. Stuck asked if a deferral program was still available.
Mrs. Thomas stated the program was still available, but very few
localities had a deferral system.
Discussion ensued on tax exemptions.
YORK COUNTY TREASURER'S OFFICE
Mrs. Deborah Robinson, Treasurer, appeared before the Board to
make a presentation on the functions and operations of her office
including collections, investments, performance measurement, new
services, and keeping the citizens informed. She indicated the County
had an exceptionally high rate of collections in both real estate and
personal property taxes. She displayed charts showing figures from 1998,
1999, and the first half of 2000 and informed the Board the citizens
could now pay their taxes with their credit cards, and her office was
also researching an automatic debit payment plan for the utility
payments which will be offered in Spring 2001.
Mr. Burgett asked how the revenue was invested and how much money
the County had on hand at any one time.
Mrs. Robinson stated the available amount of money on hand at any
one time fluctuated, depending on what time of year it was, and that it
could be as much as $50,000,000. She explained there were times when the
amount was much lower if there was a lot of debt to pay out, and
investments were strictly guided by the State Code of Virginia using the
Local Government Investment Pool (LGIP).
Chairman Zaremba asked what the average daily rate of return was
for the last fiscal year.
Mrs. Robinson stated she did not have an average daily rate but
that 5.12 percent was the average rate of all the investment tools they
used.
Miss Rapp thanked the Treasurer and her staff for the hard work
and the two innovations to help serve the customers with easier access
for making payments.
YORK COUNTY HISTORICAL COMMITTEE
Mrs. Bonnie Karwac, Chairman of the York County Historical
Committee, presented the annual report of the Committee. She informed
the Board the Committee was presently working on the dedication of the
monument to the war dead. She stated they wanted to establish a museum
to keep the County's history from becoming extinct. She announced the
photo history contest had just closed, and the judging would begin soon.
She spoke of the Committee's website and its contents and announced
events for the upcoming Yorktown Day celebration on October 19. Mrs.
Karwac provided information regarding events for the annual Christmas
tree lighting to take place at York Hall on December 1.
CITIZENS COMMENT PERIOD
Ms. Myra McCain, 415 Sparrer Road, voiced her concerns regarding a
proposed expansion for the Dare Marina. She stated the marina was slated
for a 10,500 square foot restaurant and retail expansion along with a
5,700 square foot office building. She was concerned about how it would
affect the neighborhood and property values. She stated the permit
approval process required an administrative waiver of the Chesapeake Bay
Act and an administrative interpretation of the zoning ordinance. She
stated the citizens have had no opportunity to comment on the matter
since the planning/zoning department was stating the project did not
need a use permit. She requested that the Board talk with the planning
and zoning department and provide for adequate time for citizen comment
regarding this matter. She further asked that the permit be held since
it was in the final approval stages until the affected parties are
notified to speak about the change in use.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett elaborated on a memo he provided the Board members
concerning the process for formulating the legislative program for the
upcoming General Assembly. He stated the Board had two other sessions to
look at it before its proposed adoption at the November 21 meeting.
Chairman Zaremba spoke concerning the transcript received from the
hearing on the President's Park, recognizing Ms. Hook for her arguments
on the merits of the Board of Zoning Appeals' position.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. Stuck mentioned the festivities to take place on October 19,
Yorktown Day. He reported on the proposed recreation facility to be
constructed by the YMCA, stating that a video had been completed that
would air on Cable Channel 46 regarding the project. He mentioned the
Route 17 widening and stated staff would soon meet with Mr. Jim
Cleveland, VDOT District Administrator. He mentioned receiving a copy of
a letter addressed to the VDOT District Administrator from Senator Tommy
Norment in which he suggested that a meeting between he, Senator
Williams, and the Board was in order. If the Board indicates an
interest, Mr. Stuck indicated he would be happy to set it up. He stated
the VACo newsletter contained a summary of the draft report of the
Commission on Virginia State and Local Tax Structure for the 21st
Century which was the subject of a video airing on Cable Channel 46. Mr.
Stuck noted that he, Mr. Barnett, Mr. Hudgins, and Mr. McReynolds would
be attending a three-day training session in Roanoke November 8-10 on
Environmental Compliance Issues. He stated the City of Roanoke was
funding this training program.
Meeting Recessed. At 7:59 p.m. Chairman Zaremba declared a short recess.
Meeting Reconvened. At 8:05 p.m. the meeting was reconvened in
open session by order of the Chair.
PUBLIC HEARING
APPLICATION NO. UP-555-00 (AMENDED), KENNETH DALE MOORE (CLEAR
MORE CONSTRUCTION)
Mr. Stuck reminded the Board the application was before them
previously, and at that time the applicant chose to withdraw the
application so he could make revisions. He stated the application was
back for reconsideration.
Mr. Timothy Cross, Senior Planner, after a video was shown
displaying the property in question, made a presentation on Application
No. UP-555-00 to authorize a use permit for the establishment of a
mini-storage warehouse facility on 2.9 acres of land along Hampton
Highway, approximately 850 feet east of the intersection of Hampton
Highway and Big Bethel Road. The Planning Commission first considered
the application at its March 22 meeting and recommended denial. The
applicant subsequently made some modifications to the proposal, and the
Board remanded the application back to the Planning Commission for
reconsideration. The Planning Commission reconsidered the application at
its September 13, 2000, meeting and voted to recommend denial. He stated
the revenue generating potential from mini-storage warehouses was low
compared to other commercial uses that would be permitted as a matter of
right. He stated staff was concerned about the economic impact because
of the limited supply of vacant commercially-zoned parcels on Route 134.
Staff recommends that the Board deny the application.
Chairman Zaremba called to order a public hearing on Application
No. UP-555-00 which was duly advertised as required by law. Proposed
Resolution R00-169 is entitled:
A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE THE
ESTABLISHMENT OF A MINI-STORAGE WAREHOUSE FACILITY ON 2.9 ACRES ALONG
ROUTE 134
Mr. Lamont Myers, Mid-Atlantic Commercial, who represented the
applicant, showed a sketch of the project to the Board members. He
stated the proposal was superior in design and fit in well with the
neighborhood. He stated the revised plan reduced the size of the project
by about one-third and was in conformity with the Comprehensive Plan. He
felt it would be advantageous for the County to allow the applicant's
plan rather than delay and wait for the perfect tenant while losing
thousands of tax dollars.
Chairman Zaremba mentioned the minutes of the Planning Commission,
stating the Woodlake Homeowners Association was opposed to the
construction of mini-storage facilities along Route 134.
Mr. Myers stated he was surprised at their comments and stated
there were no other citizens appearing in opposition at the public
hearings.
Chairman Zaremba asked Mr. Cross to elaborate on the Commission's
findings.
Mr. Cross stated the Planning Commission felt this project was not
the best use for the property as a commercial investment.
There being no one else present who wished to speak concerning the
subject application, Chairman Zaremba closed the public hearing.
Mr. Burgett stated he felt this project was not the best use of
this property, and he was not able to support the plan.
Mr. Wiggins stated this was a major intersection, and he also felt
this was not the best use of the property.
Miss Rapp liked the fact it had low traffic. She discussed the
importance of conforming with the Comprehensive Plan and not making many
exceptions to the rules. She stated she would vote no since this would
be making an exception.
Mr. Wiggins then moved the Board deny proposed Resolution R00-169
which reads:
A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE THE
ESTABLISHMENT OF A MINI-STORAGE WAREHOUSE FACILITY ON 2.9 ACRES ALONG
ROUTE 134
WHEREAS, Kenneth Dale Moore has submitted Application No. UP
555-00, which requests a special use permit pursuant to Section 24.1-306
(Category 14, No. 6) of the York County Zoning Ordinance to authorize
the establishment of a mini-storage warehouse facility on a 2.9 acre
portion of a parcel located along Hampton Highway (Route 134) and
further identified as Assessor's Parcel No. 37-158; and
WHEREAS, said application has been referred to the York County
Planning Commission; and
WHEREAS, the Commission has recommended denial of this
application; and
WHEREAS, the Board has conducted a duly advertised public hearing
in accordance with applicable procedure; and
WHEREAS, the Board has carefully considered the public comments
and the recommendations of the Commission and staff with respect to this
application;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 17th day of October, 2000, that Application No.
UP-555-00 be, and it is hereby, approved to authorize the establishment
of a mini-storage warehouse facility on 2.9 acres along Hampton Highway
(Route 134), subject to the following conditions:
1. This use permit shall authorize the establishment of a
mini-storage warehouse facility located along Hampton Highway (Route
134) on approximately 2.9 acres of land that is further identified as
Assessor's Parcel No. 37-158.
2. The mini-storage warehouse facility shall be developed and operated
in accordance with the standards set forth in Section 24.1-483,
Standards for all wholesaling and warehouse uses; Section 24.1-484,
Standards for mini-storage warehouses; and Section 24.1-245, Greenbelts.
3. A site plan shall be prepared in accordance with Article V of the
York County Zoning Ordinance. Said site plan shall be in substantial
conformance with the revised concept plan titled "Concept
Plan" and dated July 28, 2000 and included in the file as part of
this revised application.
4. All buffer widths, plantings, and ratios shall be in substantial
conformance with those outlined in the letter from Mary E. Higgins,
C.L.A., to Lamont Myers, and dated February 4, 2000 and in the
associated landscape plan titled "Conceptual Landscape Plan"
and dated January 27, 2000. All existing healthy trees shall remain
undisturbed in all buffer areas.
5. A single commercial entrance to Route 134 shall serve the proposed
development.
6. A decorative façade in substantial conformance with the
conceptual plan titled "Conceptual Plan" and dated March 9,
2000, shall be extended along all sides of the warehouse development,
except where breaks are made necessary by Zoning Ordinance regulations.
In addition, the façade shall contain the same materials, colors, and
design as described in the narrative provided by the applicant (dated
March 9, 2000).
7. Freestanding signage for the development shall be limited to
one ground-mounted monument type sign. Said sign shall be constructed of
brick or decorative block material.
8. The development shall be limited to 40,000 (or fewer) net
square feet of rentable space.
9. All warehouse doors shall face the inside of the mini-storage
warehouse development. No warehouse doors shall be sited along or in the
exterior façade of the mini-storage warehouse development.
10. The hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.
daily.
11. A continuous line of fencing around the perimeter of the
mini-storage warehouse facility shall not be permitted. Limited fencing
along breaks in the façade made necessary by Zoning Ordinance shall be
permitted. Said fencing shall be a black, wrought iron style fence. The
use of chain link or similar theft-deterrent wire (i.e., barbed wire,
razor wire, etc.) anywhere on the property shall not be permitted.
12. Building height shall be no greater than fifteen feet (15'),
as measured from the finish grade, except for any gables on the
decorative facade, which may be no greater than thirty feet (30'), as
measured from the finish grade.
13. Building and storage door colors shall be of a muted, colonial
hue as depicted in the conceptual drawings submitted by the applicant.
14. The office/manager's residence building shall be a one
(1)-story structure and the design shall be in substantial conformance
with the conceptual plan titled "Conceptual Plan" and dated
March 9, 2000.
15. All external lighting, including security lights, shall be
full cutoff fixtures. Lighting shall not spill over onto adjacent
properties. A photometric plan shall be submitted for approval to the
Planning Division as part of the site plan review process.
16. The applicant shall be responsible for compliance with the
regulations in Section 24.1-115(b)(6) of the Zoning Ordinance that
pertain to the recordation of this resolution in the office of the Clerk
of the Circuit Court.
On roll call the vote was:
Yea: (4) Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
MATTERS PRESENTED BY THE BOARD
Mr. Wiggins stated the Drainage Committee would be ready to give
its report to the Board by Christmas. The report would pinpoint the
major drainage problems in the County and would recommend the
prioritization of the projects to the Board. He then reported he had
received calls about newspaper articles published about New Quarter Park
and inquiring why the park was being closed down. He stated the Board
had not made a decision to close the park. He discussed the uses of York
Hall and noted that no final decision on the space utilization had been
made.
Miss Rapp thanked the members of the Armed Forces who served their
country. She asked for a moment of silence for the members of the USS
Cole. She then thanked the Office of Economic Development for the 19th
Annual Occasion for Business/Industry dinner held last week. She
reported on discussions held at her second constituent meeting on
October 5.
Mr. Burgett stated he enjoyed the County Employee Family Picnic
held on October 7. He reported meeting with some Cub Scouts recently,
stating he gave them a tour of York Hall and they discussed government
issues. He reiterated Mr. Wiggins' comments regarding New Quarter Park
and that the Board had not made a decision on closing the park or on the
use of York Hall.
Chairman Zaremba discussed the newspaper article that appeared in
The Virginia Gazette regarding New Quarter Park, and stated he felt the
citizens were misled by the article. He also mentioned another article
in The Virginia Gazette with regard to funding of current projects. He
stated that article was also misleading in indicating that the County
was worry-free of money. He stated the Board was beginning the 2001
budget cycle, and the Board members would squeeze out every ounce of
excess as they move forward. He stated every dime and penny would be
spent judicially. He then congratulated Mr. Terry Hall, Department of
Fire and Life Safety, on a letter he received from the Virginia
Association of Counties for assisting several counties to undertake the
steps to implement enhanced E-911 services.
CONSENT CALENDAR
Chairman Zaremba asked that Item No. 6 be removed from the consent
Calendar.
Mr. Burgett moved that the Consent Calendar be approved as
amended, Item Nos. 2, 3, 4, and 5, respectively.
On roll call the vote was:
Yea: (4) Burgett, Rapp, Wiggins, Zaremba
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 2. APPROVAL OF MINUTES
The minutes of the following meetings of the Board of Supervisors
were approved:
September 12, 2000, Adjourned Meeting
September 19, 2000, Regular Meeting
Item No. 3. CLAIM OF KILN CREEK ASSOCIATES, L.P.: Resolution No.
R00-168.
A RESOLUTION DENYING A CLAIM OF KILN CREEK ASSOCIATES, L. P.
WHEREAS, Kiln Creek Associates, L. P. (KCA) has made a claim
against the Board in the amount of $28,499.00 for costs to repair or
replace equipment at a sewer pumping station serving Kiln Creek Center,
allegedly because of improper maintenance of a sewer main by the County;
and
WHEREAS, the Board finds no factual basis to support the claim;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 17th day of October, 2000, that the claim of Kiln
Creek Associates, L. P. in the amount of $28,499.00, as set forth in a
letter of August 11, 2000, from Mark A. Short, of Kaufman & Canoles,
to Walter C. Zaremba, Chairman, is hereby denied.
Item No. 4. REVENUE SHARING PROJECTS FOR 2000: Resolution No.
R00-173.
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE
AGREEMENTS WITH THE VIRGINIA DEPARTMENT OF TRANSPORTATION FOR THE
ADMINISTRATION OF THE REVENUE SHARING PROJECTS APPROVED FOR YORK COUNTY
BY ACTION OF THE COMMONWEALTH TRANSPORTATION BOARD FOR FY2000/Ol AND TO
APPROPRIATE VDOT REVENUE SHARING FUNDS
WHEREAS, the Virginia Department of Transportation (VDOT) has
approved the County's request to establish Revenue Sharing projects for:
Route 706 (Theatre Road) realignment; Routes 143 and 162 (Merrimac Trail
and Second Street) landscaping and sidewalks; Route 60 sidewalk; Route
17 landscaping; Route F-137 (East Rochambeau Drive) landscaping; Route
171 (Victory Blvd) culvert repair/replacement; the Yorktown streetscape
enhancements; the Ballard Street sidewalk/drainage improvements
extension; and, the remote control emergency traffic signal controller
systems on Route 17 and Route 171; and
WHEREAS, the County has pledged up to $546,551 in County and
developer-contributed funds for these projects, to be matched by an
equal amount in VDOT Revenue Sharing Program funds; and
WHEREAS, in accordance with Revenue Sharing Program guidelines,
the County may administer and implement eligible projects or may opt for
administration and implementation by VDOT, but in either case project
administration agreements will be required; and
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 17th day of October, 2000, that the County
Administrator be, and he is hereby, authorized to execute such
agreements between York County and the Commonwealth of Virginia
Department of Transportation as are necessary to provide for the
implementation of the above-noted projects, said agreement to be
approved as to form by the County Attorney.
BE IT FURTHER RESOLVED that Revenue Sharing finds in the total
amount of $480,051 to be received from the Virginia Department of
Transportation for the projects which the County will administer be, and
hereby are, appropriated in the General Fund.
Item No. 5. APPROPRIATION OF TECHNOLOGY TRUST FUNDS: Resolution R00-171.
A RESOLUTION TO APPROPRIATE TECHNOLOGY TRUST FUNDS FROM THE STATE
COMPENSATION BOARD FOR THE PURCHASE OF EQUIPMENT FOR THE CLERK OF
CIRCUIT COURT
WHEREAS, the Clerk of Circuit Court received certification in
February 1999 for her five-year automation plan to improve access to and
modernize land records; and
WHEREAS, to help implement the plan, the State Compensation Board
has allocated technology trust funds totaling $161,985 for the purchase
of a digital indexing and imaging system for land records in the Clerk
of Circuit Court's Office; and
WHEREAS, prior to the obligation or expenditure of these funds
they must be appropriated by the Board of Supervisors;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 17th day of October, 2000, that $161,985 be, and hereby
is, appropriated in the Capital Fund for the purchase of a digital
indexing and imaging system for land records in the Clerk of Circuit
Court's Office.
Item No. 6. PURCHASE AUTHORIZATION: Proposed Resolution R00-170.
(Removed from the Consent Calendar)
Chairman Zaremba asked Mr. Hudgins if there was any increase in
the price of the valves compared to the last time they were purchased
and what the purchase price for the valves was the last time they were
purchased He also voiced his concern about purchasing from one supplier.
Mr. Hudgins reported the last purchase was a couple of months ago
and they were approximately $800.00. He explained the Board passed the
sewer standards and had a RFP to select the sole vender.
Chairman Zaremba asked for a summary of when the County began
purchasing these specific valves, the per unit cost then, and the per
unit cost today. He stated he has a problem with purchasing from the
same source each time.
Discussion followed concerning the specifications for valve
purchases.
Chairman Zaremba then moved the adoption of proposed Resolution
R00-170 which reads:
A RESOLUTION TO AUTHORIZE PURCHASE OF FOUR VEHICLES AND SEWER
VALVES
WHEREAS, it is the policy of the Board of Supervisors that all
procurements of goods and services by the County involving the
expenditure of $30,000 or more be submitted to the Board for its review
and approval; and
WHEREAS, the County Administrator has determined that the
following procurements 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 17th day of October, 2000, that the County
Administrator be, and hereby is, authorized to conclude procurement
arrangements for the following:
AMOUNT
Vehicles
$84,596
Airvac Sewer Valves and Sump Breathers 65,625
On roll call the vote was:
Yea: (4) Burgett, Rapp, Wiggins, Zaremba
Nay: (0)
NEW BUSINESS
YORKTOWN CAPITAL IMPROVEMENTS PLAN
Mr. Stuck made a presentation on the Yorktown Capital Improvements
Plan and the consideration of proposed Resolution R00-167 to approve the
Fiscal Year 2001 Yorktown Capital Improvements Program budget
allocations and the Fiscal Year 2002-2007 Capital Improvements Program
as a long-range planning document, and appropriate funds necessary for
the support of the FY2001 Yorktown capital projects.
Chairman Zaremba asked for a general overview of the plan.
Mr. J. Mark Carter, Assistant to the County Administrator,
explained it was a seven year plan, and it was already mid-way through
FY01. The Board has not made any FY2001allocations for capital projects
from the tourism-designated lodging tax revenues, which is the bulk of
the money supporting the plan. He explained that staff was proposing for
FY01 a series of projects, the majority of which would be funded from
those tourism-designated, lodging tax revenues. Two property
acquisitions are being proposed. He suggested that the money be set
aside to accomplish these acquisitions should they go forward. He also
noted there was some money for undergrounding utilities that had been
explained to the Board previously. Mr. Carter then explained the work to
be covered by the Water Street utility undergrounding project. He
explained that in FY01 $1,075,000 would be devoted to the Wharf and
Waterfront Interpretive Area.
Chairman Zaremba stated he wanted to present this plan to the
public so they could see and share the same charts and have somebody
like Mr. Carter walk the public through to give them an appreciation of
the magnitude of the project and the component parts that make the whole
revitalization of Yorktown consistent with the Yorktown Master Plan, as
well as the costs associated with each of the parts.
Mr. Carter indicated he would be happy to do that. He stated he
had spoken to the Yorktown Citizens Meeting last week and gave the
presentation that was shown to the Board at its Work Session on the
Capital Improvements Improvement. He stated he had another session
scheduled with one of the service clubs next week.
Chairman Zaremba also mentioned the great opportunity the staff
had with Channel 46 and the televising of work sessions.
Mr. Carter stated that Mr. Stuck had asked him to coordinate with
the Public Information Officer to develop a program on Yorktown.
Mr. Stuck noted by adoption of the proposed resolution, the Board
would be adopting the proposed year 2001-07 Yorktown Capital
Improvements Program. The proposed allocations from the tourism lodging
tax revenues for the current fiscal year 2001 were also being approved
subject to such additional approvals by the Board as may be necessary.
Chairman Zaremba stated the Board had directed staff to look into
other areas in town for parking.
Miss Rapp then moved the adoption of proposed Resolution R00-167
which reads:
A RESOLUTION TO APPROVE THE FISCAL YEAR 2001 YORKTOWN CAPITAL
IMPROVEMENTS PROGRAM BUDGET ALLOCATIONS AND THE FISCAL YEAR 2002-2007
CAPITAL IMPROVEMENTS PROGRAM AS A LONG-RANGE PLANNING DOCUMENT, AND TO
APPROPRIATE THE FUNDS NECESSARY FOR THE SUPPORT OF THE FISCAL YEAR 2001
YORKTOWN CAPITAL PROJECTS
WHEREAS, the County Administrator has developed a proposed Fiscal
Year 2001-2007 Capital Improvements Program for the implementation of
the Yorktown Master Plan and has submitted that plan for review and
approval in his report to the Board dated September 19, 2000; and
WHEREAS, the Yorktown Capital Improvements Program will serve as a
long-range planning document, subject each year to review and approval
of funding by the Board of Supervisors; and
WHEREAS, the Board has carefully reviewed the proposed plan and
the recommendations for allocation of the tourism-designated lodging tax
revenues as well as the other recommended sources of funding and has
determined that the proposed allocations for FY01 and the projected
allocations for FY02-07 are reasonable and appropriate;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 17th day of October, 2000, that the County
Administrator's proposed Fiscal Year 2001-2007 Yorktown Capital
Improvements Program be, and it is hereby, adopted by the Board of
Supervisors.
BE IT FURTHER RESOLVED that the proposed allocations from the
tourism-designated lodging tax revenues for FY2001 be, and they are
hereby, approved subject to such additional approvals by the Board as
are necessary pursuant to the Board's Purchasing Policy.
BE IT STILL FURTHER RESOLVED that $2,130,000 be, and it is hereby,
appropriated in the Yorktown Capital Improvements Fund for the projects
included in the Fiscal Year 2001 Yorktown Capital Improvements Program.
On roll call the vote was:
Yea: (4) Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
PROFESSIONAL SERVICES AGREEMENT FOR THE YORKTOWN CAPITAL
IMPROVEMENTS PLAN
Mr. Stuck made a presentation regarding proposed Resolution
R00-172 to authorize the execution of a professional services agreement
for the Yorktown Capital Improvements Program. He explained there was
$140,000 in the FY01 budget for engineering and environmental services.
This contract may also cover future appropriations of the Board. He
stated a lot of these projects have already partially occurred and that
other projects have been ongoing for some time. The staff had previously
begun the procurement process to acquire design services for these
smaller projects, and he stated some of the projects would be larger
than $30,000 which would normally have to come back before the Board for
approval. This action by the Board would authorize the execution of the
agreement and then to issue the notice to proceed to get the engineering
and the other kinds of work done as the projects come along. He stated
that in future years there would be more money to do additional work.
Mr. Robert S. Kraus, Director of General Services, appeared before
the Board to answer any questions the Board members might have regarding
the professional services agreement.
Mr. Burgett stated Mr. Carlton Abbott had completed a lot of
architectural work for the County, and he inquired why other qualified
architectural firms had not been hired by the County.
Mr. Kraus explained that other work had been given to other firms
such as Clark Nexson of Norfolk. He reported that Mr. Abbott presented
the best proposal for Yorktown. He stated Mr. Abbott had put together a
team of three civil engineering companies, an archaeological company,
and several environmental companies to help him through some of the
projects.
Mr. Burgett stated it was a three-year contract and was almost
like Mr. Abbott had a monopoly on doing all architectural work in
Yorktown. Mr. Burgett noted Mr. Abbott had done a great job.
Mr. Kraus stated staff looked at all nine proposals and felt that
three of them appeared as though they could do the job. Instead of going
through a routine interview process, he stated he asked those three
companies to come in and look at one project in Yorktown and explain how
they would approach it. The Archer Cottage parking lot was selected
because it is a very delicate project that will require environmental
assessments and archaeological surveys. All the firms were on a level
playing field and were allowed to talk to the Park Service, to survey
the property, and some of them came in with artists renderings showing
how they would go about the design. Mr. Kraus stated the selection
committee, which included representation from the Park Service, felt Mr.
Abbott's proposal and his approach was by far the best.
Mr. Burgett asked if the other architects were local.
Mr. Kraus replied one was from Newport News.
Mr. Stuck stated there were two major architectural contracts that
had been awarded in Yorktown. Phase I and Phase II were actually the
Riverwalk and the wharf design, and they were awarded a number of years
ago. Mr. Abbott had both of those contracts for continuity. The last
contract that was awarded was to a firm from Charlottesville to do the
streetscaping plan. That firm has just about finished its report.
Discussion followed on the award of contracts.
Miss Rapp asked Mr. Kraus who was on the panel and what were the
qualifiers for judging.
Mr. Kraus explained the panel included Tom Sawyer from the
County's Purchasing Division, Chair of the committee; Dorothy Geyer,
Landscape Architect with the Park Service; Bob Peters, Wayne Oien, and
himself from the County. He stated they interviewed three firms: URS
from Newport News, Timmons from Richmond, and the third was Carlton
Abbott.
Miss Rapp asked if Mr. Kraus felt comfortable with the
recommendation he had given the Board.
Mr. Kraus stated he was absolutely sure.
Mr. Wiggins expressed some concern with the cost of the
engineering and the design of the project.
Mr. Kraus stated working on small projects was sometimes more time
consuming than one large project. He explained for one sidewalk they may
have to do an archaeological survey, an environmental survey, and a
topographic survey, requiring more detailed plans than for normal
construction. He further explained some of the specifications.
Discussion followed regarding the procurement process followed for
issuing contracts for professional services and how the fees were
negotiated.
Mr. Wiggins asked if the maximum amount that Mr. Abbott could
charge was $140,000.
Mr. Kraus stated that was the maximum for this year.
Mr. Stuck explained if the Board appropriated additional money
next year for architectural and engineering services, then that could
also fall under this contract. He asked Mr. Kraus if the $200,000 that
was estimated for the design of the building on the Jamestown-Yorktown
Foundation property was part of this contract.
Mr. Kraus stated it could be added.
Chairman Zaremba stated his general position of professional services
contracts was that he did not like them. He felt they were too
open-ended, and it was difficult to keep them under control. He stated
he was not satisfied that staff had provided the Board with the amount
of information it needed to make a sound decision. He stated he would be
willing to move to table the proposed resolution to give staff time to
answer some of the questions in more detail.
Mr. Wiggins agreed with Chairman Zaremba and asked to table the
matter until he knew how much they would be spending on the design and
engineering.
Miss Rapp asked Mr. Kraus how tabling the matter would affect him.
She requested that the Board members who had questions to send them to
staff as soon as possible, at the latest October 18 or 19.
Chairman Zaremba stated there would be no response from him by
Thursday morning given his schedule. He stated they would provide Mr.
Kraus the questions as soon possible with no promises of when.
Mr. Kraus explained the project was almost at a complete
standstill in terms of moving projects along.
Chairman Zaremba asked for a explanation of why the staff needed
outside help to move projects forward.
Miss Rapp encouraged the Board to review the material in their
agenda packets in an effort to be prepared to ask questions when the
matters were under consideration.
Chairman Zaremba then moved to table proposed Resolution R00-172.
On roll call the vote was:
Yea: (3) Burgett, Wiggins, Zaremba
Nay: (1) Rapp
CLOSED MEETING. At 9:46 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: (4) Rapp, Wiggins, Burgett, Zaremba
Nay: (0)
Meeting Reconvened. At 9:49 p.m. the meeting was reconvened in
open session by order of the Chair.
Miss Rapp 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 17TH day of October, 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: (4) Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
APPOINTMENT TO THE YORK COUNTY PARKS AND RECREATION ADVISORY BOARD
Mr. Burgett moved the adoption of proposed Resolution R00-162
which reads:
A RESOLUTION TO APPOINT A REPRESENTATIVE TO THE YORK COUNTY PARKS
AND RECREATION ADVISORY BOARD
WHEREAS, Lance Jordan has submitted his resignation as a member of
the York County Parks and Recreation Advisory Board;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 17th day of October, 2000, that Michael Mason be, and
is hereby, appointed to the York County Parks and Recreation Advisory
Board to fill the unexpired term of Lance Jordan, such term to begin
immediately and end December 31, 2002.
On roll call the vote was:
Yea: (4) Burgett, Rapp, Wiggins, Zaremba
Nay: (0)
Meeting Adjourned. At 9:50 p.m. Chairman Zaremba declared the
meeting adjourned to 6:30 p.m., Tuesday, October 24, 2000, in the East
Room, York Hall, for the purpose of conducting a work session.
______________________________
__________________________________
Daniel M. Stuck, Clerk
Walter C. Zaremba, Chairman
York County Board of Supervisors
York County Board of Supervisors
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