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Regular Meeting
November 21, 2000
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board
of Supervisors was called to order at 7:01 p.m., Tuesday, November 21,
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.
Also in attendance were Daniel M. Stuck, County Administrator; and
James E. Barnett, County Attorney.
Invocation. Pastor Walter C. Johnson, Zion Prospect 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. Quintin Elliott, Resident Engineer, Virginia Department of
Transportation (VDOT), appeared before the Board to discuss highway
matters of interest to the Board of Supervisors. He reported that Mr.
Jimmy Hamrick, Assistant Resident Engineer, was retiring and that Mr.
John Mazur would be taking over Mr. Hamrick's position.
Miss Rapp asked when the synchronization of the lights on Route 17
would take place.
Mr. Elliott stated it would happen in the next few months.
Mr. Wiggins thanked VDOT for assisting the Drainage Committee. He
asked about street name signs the County had made for the Route 17
signal mast arms and when they would be installed.
Mr. Elliott stated the signs would soon be installed; the
Department was working on how the installation would be paid for.
Mr. Wiggins mentioned advertisements and signs that mysteriously
appear on roadway signs and utility poles and the difficulty in getting
them removed. He asked if volunteers were allowed to remove the signs.
Mr. Elliott stated the signs, if in the VDOT right-of-way, would
have to be removed by an official of VDOT, law enforcement, the County's
Code Compliance Division, or other groups who had been duly appointed to
remove the signs. The Adopt-A-Highway program participants also have the
authority to remove the signs.
Mrs. Noll asked Mr. Elliott to check Church Street for potholes.
Mr. Burgett thanked VDOT for sending him a copy of the paving
schedule. He stated he was excited to see that Carraway Terrace,
Riverside Drive, and other roads he had mentioned were on the schedule.
Chairman Zaremba referenced the Aviation World's Fair to take
place at the Newport News-Williamsburg International Airport, and he
asked about VDOT's role in traffic control since 1 million people were
expected to attend.
Mr. Elliott stated the Department usually takes a very active role
in planning for traffic in such events and would provide assistance as
needed.
PRESENTATIONS
INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARDS AND COMMISSIONS
The scheduled appointee to the Parks and Recreation Advisory
Board, Mr. Michael Mason, did not appear at this time.
ANNUAL FINANCIAL REPORT FOR FY2000
Mr. Rena Gyorke, Manager, Witt, Mares & Company, PLC,
presented the FY00 Comprehensive Financial Statement. She indicated the
firm's function was to provide an unqualified opinion based upon its
audit of the financial statements, and she stated the financial position
of the County fairly presented the County's financial position and
results of its operations in accordance with generally accepted
accounting principles. She stated the audit had been completed in
accordance with government operating procedures, and reports were issued
on compliance and internal controls. There were no reportable
conditions, and there were no findings or questions to report. She
expressed her appreciation to Mr. McReynolds, Mrs. Kirish, and their
staff for the assistance and cooperation provided during the audit.
CITIZENS COMMENT PERIOD
Mr. Clyde Jonas, 115 River Point Drive, spoke regarding a flyer he
and his neighbors had received asking for the resignation of Miss Rapp
during her campaign endeavors. He stated he felt she should not resign
and expressed his support for her election to the House of Delegates. He
stated he felt she had done a good job for his district.
Mr. Scott Williams, 203 Robin Hood Drive, also spoke in favor of
Miss Rapp to become the representative of the 96th District. He
mentioned the flyer that was circulated asking for Miss Rapp's
resignation and stated he was against the flyer and everything it stood
for. He mentioned how she had been very supportive of his homeowners'
association, and he appreciated her help.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett discussed the seminar he and other staff members
attended in Roanoke on environmental issues and their impact on local
government. He explained the seminar was presented by the City of
Roanoke as the result of a settlement involving an environmental
enforcement action brought by the Environmental Protection Agency
against the city.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. Stuck spoke on the County's request that VDOT widen the
segment of Route 171 between Route 134 and Route 17. He stated VDOT was
in the process of adding some additional turning lanes at the Route
17/171 intersection, but that would not alleviate the congestion
problems. He reported on discussions with prospective developers in that
area, concerning the need to construct the third lane and put in the
right-in/right-out access points to their properties. The developers
indicated they felt it was too expensive to construct these
improvements, so he had suggested that they consider contributing
private money to get the project done through the VDOT Revenue Sharing
Program. The developers were quite excited to hear that, so staff may
bring a proposal to the Board at some point before next year's Revenue
Sharing Program. Mr. Stuck then reviewed a package of information
containing the State's financial condition which was given to the Senate
Finance Committee at a briefing held recently in Williamsburg. He also
spoke of the meeting he attended recently regarding the feasibility
study on the Convention Center that was funded jointly by Williamsburg,
York County, James City County, the private sector, and the Hotel-Motel
Association. The localities will continue to work on that project
looking at the feasibility of a scaled down, less costly center. The
Board will probably be asked to fund a small portion of a second
analysis for a smaller center. He then announced the resignation of Mr.
Steve Linthwaite, Fleet Manager, who has almost ten years of County
service. He also reminded the Board of its joint work session with the
School Board to be held on November 28th at 6:30 p.m. in the library at
Grafton High School.
MATTERS PRESENTED BY THE BOARD
Miss Rapp reported attending a homeowner's' meeting at Meadowlake
Farms at which the homeowners expressed their appreciation for the
assistance they received from Jim Orband, Horticulture Extension Agent,
Virginia Cooperative Extension Office. He helped them with their
drainage pond and their need to update it with the right plants. She
also reported that the Tabb High School Ecology Club has taken it on as
project, and she encouraged other schools to do the same.
Mr. Wiggins stated he had received many phone calls regarding the
Dare Marina expansion project. He indicated the Board could only supply
the Zoning Administrator with its thoughts on the project, but it was
not able to approve or disapprove the application. He stated the Dare
Marina had the right to build an eating establishment at the marina. He
stated a decision had not been made yet by the Zoning Administrator. He
reported that the Drainage Committee would meet again in January, 2001,
and he would be working with the staff to prioritize the most troubled
areas. He announced he would have a meeting at the Public Safety
Building on Goodwin Neck Road and encouraged the citizens of his
district to attend.
Mrs. Noll mentioned she had been out of town recently traveling
with her grandchildren who are a part of the Virginia Beach Choir and
were invited to Rome to sing for the Pope. She also reported on her trip
to San Diego, California, where she learned firsthand how that community
faces its transportation needs. She discussed some of their strategies
in utilizing tax dollars to fund public transportation.
Mr. Burgett offered some comments concerning feedback he received
after the last work session on the Dare Marina. He also reported that he
had attended the ninth anniversary of the York Senior Citizens Center
and mentioned he was astounded by the record of 14,000 visits to the
center last year. He stated the Center had outgrown its current space
and needed larger accommodations.
Chairman Zaremba reiterated that a decision had not been made by
the Zoning Administrator regarding the Dare Marina expansion proposal.
He thanked the York County Library Foundation, a group of citizens who
acquire funds through fundraising activities to supplement what the
Board provides in the library budget. He explained the Foundation
contributed $25,000 to the renovation of the Yorktown branch that is
underway now, and stated the funds would be used for the purchase of
computers and other technological advances. He also discussed plans for
the Aviation World's Fair scheduled to take place at the Newport
News-Williamsburg Airport in April of 2003.
CONSENT CALENDAR
Chairman Zaremba asked that Item No. 11 be removed from the
Consent Calendar.
Mrs. Noll asked that Item No. 14 be removed from the Consent
Calendar.
Mr. Burgett moved that the Consent Calendar be approved as
amended, Item Nos. 8, 9, 10, 12, and 13, respectively.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 8. APPROVAL OF MINUTES
The minutes of the following meetings of the York County Board of
Supervisors were approved:
September 26, 2000, Adjourned Meeting
October 3, 2000, Regular Meeting
October 10, 2000, Adjourned Meeting
October 17, 2000, Regular Meeting
October 24, 2000, Adjourned Meeting
Item No. 9. APPROPRIATION OF DONATION FROM THE LIBRARY FOUNDATION
FOR COMPUTERS IN THE YORKTOWN LIBRARY: Resolution R00-183.
A RESOLUTION TO ACCEPT AND APPROPRIATE A DONATION OF $25,000
FROM THE YORK COUNTY LIBRARY FOUNDATION FOR THE PURCHASE OF COMPUTERS
FOR THE YORKTOWN LIBRARY
WHEREAS, the York County Library Foundation has donated $25,000
for the purchase of computers for the Yorktown Library;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 21st day of November, 2000, that the County
Administrator be, and hereby is, authorized to accept the donation given
by the York County Library Foundation.
BE IT FURTHER RESOLVED that $25,000 be, and hereby is,
appropriated in the Capital Fund for the purchase of computers for the
Yorktown Library.
Item No. 10. STREET ACCEPTANCES: Resolution R00-180 and Resolution
R00-185.
Resolution R00-180:
A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF
TRANSPORTATION TO INCLUDE STREETS IN SHERWOOD FOREST INTO THE
SECONDARY SYSTEM OF STATE HIGHWAYS
WHEREAS, the following streets, which are shown on a plat recorded
in the Clerk's Office of the Circuit Court of York County, have been
constructed to standards equal to the Virginia Department of
Transportation's Subdivision Street Requirements as a requisite for
acceptance for maintenance as part of the Secondary System of State
Highways; and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has inspected these streets and found them to be
acceptable for maintenance; and
WHEREAS, the York County Board of Supervisors does hereby
guarantee unencumbered rights of way, as described on the following Form
SR-5A, plus the necessary easements for cuts, fills, and drainage for
these streets;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this the 21st day of November, 2000, that the Virginia
Department of Transportation be, and it hereby is, requested to add and
maintain the streets described on the following Form SR-5A as part of
the Secondary System of State Highways, pursuant to Section 33.1-229,
Code of Virginia, 1950 amended, and the regulatory requirements of VDOT.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded
to the developer of Sherwood Forest and to the Resident Engineer of the
Virginia Department of Transportation.
In the County of York
By resolution of the governing body adopted November 21, 2000, the
following Form SR-5A is hereby attached and incorporated as part of the
governing body's resolution for changes in the secondary system of state
highways.
Report of Changes in the Secondary System of State Highways
Form SR-5A
Secondary Roads Division 5/1/99
Project/Subdivision
Sherwood Forest
Type of Change: Addition
The following additions to the Secondary System of State Highways,
pursuant to the statutory provision or provisions cited, are hereby
requested, the right of way for which, including additional easements
for drainage as required, is guaranteed:
Reason for Change: Addition, New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Route Number and/or Street Name
Arrow Court, State Route Number 1639
Description: From: Rt 1604, Robin Hood Drive
To: 0.06 mi south to end of cul-de-sac
A distance of: 0.06 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
06/18/1998, Plat Book 12, Pages 589-594, with a width of 50 ft
Robin Hood Drive, State Route Number 1604
Description: From: Rt 1577, Dogwood Drive
To: 0.21 mi northeast to intersection of Rt 1639, Arrow Court
A distance of: 0.21 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
06/18/1998, Plat Book 12, Pages 589-594, with a width of 50 ft
Description: From: Rt 1639, Arrow Court
To: 0.16 mi east to end of cul-de-sac
A distance of: 0.16 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
06/18/1998, Plat Book 12, Pages 589-594, with a width of 50 ft
Resolution R00-185:
A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF
TRANSPORTATION TO INCLUDE A STREET IN TUE MARSH COVE INTO THE
SECONDARY SYSTEM OF STATE HIGHWAYS
WHEREAS, the following street, which is shown on a plat recorded
in the Clerk's Office of the Circuit Court of York County, has been
constructed to standards equal to the Virginia Department of
Transportation's Subdivision Street Requirements as a requisite for
acceptance for maintenance as part of the Secondary System of State
Highways; and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has inspected this street and found it to be acceptable
for maintenance; and
WHEREAS, the York County Board of Supervisors does hereby
guarantee unencumbered rights of way, as described on the following Form
SR-5A, plus the necessary easements for cuts, fills, and drainage for
these streets;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this the 21st day of November, 2000, that the Virginia
Department of Transportation be, and it hereby is, requested to add and
maintain the street described on the following Form SR-5A as part of the
Secondary System of State Highways, pursuant to Section 33.1-229, Code
of Virginia, 1950 amended, and the regulatory requirements of VDOT.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded
to the developer of Tue Marsh Cove and to the Resident Engineer of the
Virginia Department of Transportation.
In the County of York
By resolution of the governing body adopted November 21, 2000, the
following Form SR-5A is hereby attached and incorporated as part of the
governing body's resolution for changes in the secondary system of state
highways.
Report of Changes in the Secondary System of State Highways
Form SR-5A
Secondary Roads Division 5/1/99
Project/Subdivision
Tue Marsh Cove
Type of Change: Addition
The following additions to the Secondary System of State Highways,
pur-suant to the statutory provision or provisions cited, are hereby
requested, the right of way for which, including additional easements
for drainage as required, is guaranteed:
Reason for Change: Addition, New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Route Number and/or Street Name
Tue Marsh Lane, State Route Number 1189
Description: From: Rt 629, Dandy Loop Road
To: 0.07 mi east to end of cul-de-sac
A distance of: 0.07 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
05/01/1992, Plat Book 11, Pages 417-418, with a width of 50 ft
Item No. 12. DONATION TO THE YORK COUNTY SHERIFF'S OFFICE: Resolution
R00-182.
A RESOLUTION TO ACCEPT AND APPROPRIATE $1,400 DONATED TO THE
YORK COUNTY SHERIFF'S OFFICE TO ASSIST WITH THE PURCHASE OF BICYCLE
EQUIPMENT
WHEREAS, the Target Stores have donated $1,400 to the York County
Sheriff's office to assist with the purchase of bicycle equipment; and
WHEREAS, the Sheriff's office operates a nine-person
bicycle-patrol unit to provide an array of community policing services;
and
WHEREAS, the donation will be used to purchase two additional
bicycles;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 21st day of November, 2000, that the County
Administrator be, and hereby is, authorized to accept the donation given
by the Target stores.
BE IT FURTHER RESOLVED that $1,400 be, and hereby is, appropriated
in the General Fund to assist with the purchase of bicycle equipment for
the York County Sheriff's office.
BE IT STILL FURTHER RESOLVED that additional funds received from
donations for the bicycle-patrol unit of the York County Sheriff's
office be, and hereby are, appropriated in the General Fund for support
of the bicycle-patrol unit.
Item No. 13. PURCHASE AUTHORIZATION: Resolution R00-176.
A RESOLUTION TO AUTHORIZE CONSTRUCTION OF THE BARCROFT SANITARY
SEWER 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
following procurement is necessary and desirable, that it involves the
expenditure of $30,000 or more, and that all applicable laws,
ordinances, and regulations have been complied with;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 21st day of November, 2000, that the County
Administrator be, and hereby is, authorized to conclude procurement
arrangements for the following:
AMOUNT
Barcroft Sanitary Sewer
Project
$ 667,806
Item No. 11. REGIONAL ISSUES COMMITTEE - CORRIDOR BEAUTIFICATION (Route
199): Resolution R00-179. (Removed from the Consent Calendar)
Chairman Zaremba asked for further explanation of the Regional
Issues Committee's efforts in this matter.
Mr. Cross stated the intent was to memorialize what was agreed
among Williamsburg, James City County, and York County with regard to
design standards and landscaping of highway corridors.
Chairman Zaremba then moved the adoption of proposed Resolution
R00-179 which reads:
A RESOLUTION TO SUPPORT THE COOPERATIVE EFFORTS OF THE REGIONAL
ISSUES COMMITTEE BY ENDORSING THE RECOMMENDATIONS REGARDING CORRIDOR
BEAUTIFICATION ALONG THE ENTRY CORRIDORS LEADING FROM ROUTE 199 TO THE
CITY OF WILLIAMSBURG INCLUDING THEIR INTERSECTIONS WITH ROUTE 199
WHEREAS, the Regional Issues Committee has studied areas of
concern regarding the aesthetic qualities along the corridors leading
into Williamsburg from Route 199; and
WHEREAS, the Regional Issues Committee, at its meeting of July 18,
2000, adopted a resolution recommending that the member localities of
Williamsburg, James City County and York County undertake beautification
efforts regarding landscape plantings, roadway and median edge
maintenance, installation of uniform route number and road name signage,
and the establishment of a program in cooperation with the Williamsburg
Area Chamber of Commerce, to encourage private landowners to participate
in beautification actions on their property; and
WHEREAS, the City of Williamsburg City Council and the James City
County Board of Supervisors have approved resolutions endorsing the
recommendations of the Regional Issues Committee;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 21st, day of November, 2000, that it does hereby
express its support for the corridor beautification proposals of the
Regional Issues Committee as stated in its resolution dated July 18,
2000.
On roll call the vote was:
Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)
Item No. 14. COMMENDATION OF COUNTY EMPLOYEES: Resolution R00-181.
(Removed from the Consent Calendar)
Mrs. Noll requested the Board amend Resolution R00-181 to award
the employees two additional days off at Christmas rather than one. She
explained the Governor was giving the State employees three combined
days off during the holiday season. She stated she felt that staff had
done a good job this year, and the Board should be generous and award
the employees two additional days off.
Miss Rapp concurred with Mrs. Noll's suggestion to award two
additional days off during the upcoming holiday. She felt it would be a
nice, end of the year thank-you to the employees.
Mrs. Noll then moved the adoption of proposed Resolution
R00-181(R) which would provide for two additional days off during
Christmas season.
On roll call the vote was:
Yea: (2) Rapp, Noll
Nay: (3) Burgett, Wiggins, Zaremba
Chairman Zaremba summarized a series of emails that were exchanged
between the Board and the County Administrator and the fact that the
emails were received before the Governor's announcement of the State's
holiday schedule. The consensus of the Board in those emails was to
grant one additional day off for a job well done. He stated there had
been no further discussion between the Board members and the motion to
amend was a surprise.
Mr. Burgett then moved the adoption of proposed Resolution R00-181
which reads:
A RESOLUTION TO EXPRESS THE APPRECIATION OF THE YORK COUNTY
BOARD OF SUPERVISORS TO THE EMPLOYEES OF YORK COUNTY FOR DEDICATED AND
LOYAL SERVICE DURING 2000 AND TO AWARD THEM AN ADDITIONAL HOLIDAY
WHEREAS, the York County Board of Supervisors desires to
acknowledge the outstanding performance of York County employees during
2000; and
WHEREAS, the Board of Supervisors desires to recognize the County
staff at this special time of the year and to wish each one a happy and
safe holiday season;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors on this 21st day of November, 2000, that all employees of
York County be, and they are hereby, duly commended, and the heartfelt
thanks of the Board of Supervisors is extended to them for dedicated and
loyal service during the 2000 calendar year.
BE IT FURTHER RESOLVED that, in recognition of such service,
Tuesday, December 26, 2000, be and it is hereby, granted as a holiday
for all departments and agencies of the County of York.
Miss Rapp asked if the subject was a closed issue or if it could
be revisited in the future.
Chairman Zaremba stated at this time they were voting on the
resolution, and if the Board decided to revisit the issue in the future
then it would be reconsidered.
On roll call the vote was:
Yea: (5) Rapp, Noll, Wiggins, Burgett, Zaremba
Nay: (0)
PUBLIC HEARINGS
APPLICATION NOS. ZM-52-00 AND UP-561-00, PYONG TUK KO
Mr. Timothy Cross, Senior Planner, made a presentation on
Application Nos. ZM-52-00 and UP-561-00 to consider reclassification of
a .7-acre parcel located at 601 Hampton Highway from R-20 (medium
density single-family residential) to conditional NB (neighborhood
business), subject to conditions voluntarily proffered by the property
owner, and to consider approval of a special use permit authorizing the
establishment of a Tae Kwon Do exercise/fitness center within an
existing building located at 601 Hampton Highway. The Planning
Commission considered the applications and forwarded them to the Board
of Supervisors with a recommendation of approval. Staff recommended
approval of the applications through the adoption of proposed Ordinance
No. 00-21 and proposed Resolution R00-178.
Chairman Zaremba then called to order a public hearing on
Application Nos. ZM-52-00 and UP-561-00 which were duly advertised as
required by law. Proposed Ordinance 00-21 and proposed Resolution
R00-178 are entitled:
AN ORDINANCE TO APPROVE AN APPLICATION TO AMEND THE YORK COUNTY
ZONING MAP BY RECLASSIFYING 0.7 ACRE LOCATED AT 601 HAMPTON HIGHWAY
(ROUTE 134) FROM R20 (MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL) TO NB
(NEIGHBORHOOD BUSINESS) SUBJECT TO THE CONDITIONS VOLUNTARILY
PROFFERED BY THE PROPERTY OWNER
A RESOLUTION TO RECOMMEND APPROVAL OF APPLICATION NO. UP-561-00
FOR A USE PERMIT TO ESTABLISH AN EXERCISE FACILITY ON 0.7 ACRE OF
PROPERTY LOCATED AT 601 HAMPTON HIGHWAY (ROUTE 134)
There being no one present who wished to speak concerning the
subject applications, Chairman Zaremba closed the public hearing.
Mrs. Noll questioned whether graphic art should be permitted on
the side of the building. She stated her preference would be to not have
art on the building.
Mr. Cross stated that language would have to be added in Number 7
of the proposed resolution prohibiting graphic art, or it would be
considered a sign.
Mr. Stuck stated the provision would have to be reworded to
disallow graphic art on the building.
Miss Rapp asked if the owner would agree with the change.
Mr. Ko, the applicant, agreed to graphic art being prohibited on
the side of the building.
A brief discussion followed regarding the signage issue.
Mr. Wiggins noted he felt the property would be best used for this
type of facility and stated he was in favor of the application.
Mrs. Noll then moved the adoption of proposed Ordinance 00-21
which reads:
AN ORDINANCE TO APPROVE AN APPLICATION TO AMEND THE YORK COUNTY
ZONING MAP BY RECLASSIFYING 0.7 ACRE LOCATED AT 601 HAMPTON HIGHWAY
(ROUTE 134) FROM R20 (MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL) TO NB
(NEIGHBORHOOD BUSINESS) SUBJECT TO THE CONDITIONS VOLUNTARILY
PROFFERED BY THE PROPERTY OWNER
WHEREAS, Riley B. Lowe has submitted Application No. ZM-52-00
which requests an amendment to the York County Zoning Map by
reclassifying from R20 (Medium Density Single Family Residential) to NB
(Neighborhood Business) a 0.7-acre parcel located at 601 Hampton Highway
(Route 134) subject to conditions voluntarily proffered by the property
owner. The parcel is located in the southeast quadrant of the
intersection of Route 134 and Route 171 and is further identified as
Assessor's Parcel No. 37-(24)-A; and
WHEREAS, said application has been forwarded to the York County
Planning Commission in accordance with applicable procedure; and
WHEREAS, the Planning Commission recommends approval of this
application; and
WHEREAS, the York County Board of Supervisors has conducted a duly
advertised public hearing on this application; and
WHEREAS, the Board of Supervisors has given careful consideration
to the public comments, Planning Commission recommendation, and staff
recommendation with respect to this application;
NOW, THEREFORE, BE IT ORDAINED by the York County Board of Supervisors
this 21st day of November, 2000, that it does hereby approve Application
No. ZM-52-00 to amend the York County Zoning Map by reclassifying from
R20 (Medium Density Single Family Residential) to NB (Neighborhood
Business) a 0.7-acre parcel located at 601 Hampton Highway (Route 134),
further identified as Assessor's Parcel No. 37-(24)-A, subject to the
following conditions voluntarily proffered by the property owner as set
forth in the proffer statement signed by Riley B. Lowe and dated October
5, 2000:
The property shall not be used for the following land uses:
a) Carryout Restaurant
b) Convenience Store
On roll call the vote was:
Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
Mrs. Noll then moved the adoption of proposed Resolution
R00-178(R) which reads:
A RESOLUTION TO RECOMMEND APPROVAL OF APPLICATION NO. UP-561-00
FOR A USE PERMIT TO ESTABLISH AN EXERCISE FACILITY ON 0.7 ACRE OF
PROPERTY LOCATED AT 601 HAMPTON HIGHWAY (ROUTE 134)
WHEREAS, Pyong Tuk Ko has submitted Application No. UP-561-00
which requests a use permit, pursuant to Section 24.1-283 (Category 9,
No. 2) of the York County Zoning Ordinance, to authorize establishment
of an exercise facility on 0.7 acre of property located at 601 Hampton
Highway (Route 134) and further identified as Assessor's Parcel No.
37-(24)-A; and
WHEREAS, said application has been forwarded to the York County
Planning Commission in accordance with applicable procedure; and
WHEREAS, the Planning Commission recommends approval of this
application; and
WHEREAS, the York County Board of Supervisors has conducted a duly
advertised public hearing on this application; and
WHEREAS, the Board has given careful consideration to the public
comments, Planning Commission recommendation, and staff recommendation
with respect to this application;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this, the 21st day of November, 2000, that Application No.
UP-561-00 be, and it is hereby, approved to authorize the establishment
of an exercise facility on the property located at 601 Hampton Highway
(Route 134) and further identified as Assessor's Parcel No. 37-(24)-A,
subject to the following conditions:
1. This use permit shall authorize the establishment of an
exercise facility on the property located at 601 Hampton Highway (Route
134) and further identified as Assessor's Parcel No. 37-(24)-A.
2. All off-street parking and loading space shall be located not less
than twenty-five feet (25') from any residential property line and shall
be effectively screened from view from adjacent residential properties
by landscaping, supplemented, as necessary, by appropriate fencing
materials.
3. Outdoor lighting shall be directed away from property lines and
rights-of-way and shall not cast objectionable glare on adjacent
properties or streets. All external lighting, including security
lighting, shall be full cutoff fixtures.
4. Existing trees on the site shall be retained as a buffer between the
development and the Edgewood subdivision.
5. A site plan prepared in accordance with Article V of the York County
Zoning Ordinance shall be submitted to and approved by the York County
Department of Environmental and Development Services, Division of
Development and Compliance, prior to obtaining permits for site and
building modifications.
6. Freestanding signage shall be limited to one (1) ground-mounted
monument type sign.
7. No graphic art painted on the sides of the building shall be
permitted.
8. 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: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)
APPLICATION NO. UP-562-00, TINA D. JUDSON
Mr. Cross made a presentation on Application No. UP-562-00 to
consider approval of a special use permit authorizing a beauty salon as
a home occupation within a single-family detached dwelling located at
302 Coach Hovis Drive. 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 Resolution R00-175.
Chairman Zaremba then called to order a public hearing on
Application No. UP-562-00 which was duly advertised as required by law.
Proposed Resolution R00-175 is entitled:
A RESOLUTION TO APPROVE AN APPLICATION FOR A SPECIAL USE PERMIT
TO AUTHORIZE A BEAUTY SALON AS A HOME OCCUPATION AT 302 COACH HOVIS
DRIVE
Ms. Tina Judson, 302 Coach Hovis Drive, the applicant, thanked the
Board for its consideration and explained her reasons for the
application. She stated she would be able to stay home with her children
and work from there.
Miss Rapp asked what the position of the homeowners' association
was on the application.
Ms. Judson stated she had received a letter from the president of
the homeowners' association indicating support of her application.
There being no one else present who wished to speak concerning the
subject Resolution, Chair-man Zaremba closed the public hearing.
Mrs. Noll asked about the two-year term limit Mr. Cross referred
to regarding other home-based beauty salons. She asked if the two-year
time limit was waived for the other locations.
Mr. Cross explained that the two-year time limit came into effect
several years back when the zoning ordinance was amended to permit, with
a use permit, home occupations which have non-resident employees. At
that time, the Board included a clause that would limit, unless
otherwise waived by the Board, a home occupation to two years, the idea
being that once the owner starts hiring people, it's really going beyond
a home business; and the Board felt that within two years the owner
would know if the business had grown to where it needed a more
appropriate location. Somewhere in time that clause came to apply to all
home occupations permitted with a special use permit. Only one of the
six beauty salons permitted as a home occupation by use permit is
subject to the 2-year limit.
Mrs. Noll asked if they would be looking at that application after
two years.
Mr. Cross confirmed that staff would be looking at the permit at
that time.
Mrs. Noll then moved the adoption of proposed Resolution R00-175
which reads:
A RESOLUTION TO APPROVE AN APPLICATION FOR A SPECIAL USE PERMIT
TO AUTHORIZE A BEAUTY SALON AS A HOME OCCUPATION AT 302 COACH HOVIS
DRIVE
WHEREAS, Tina D. Judson has submitted Application No. UP-562-00
requesting a special use permit, pursuant to Section 24.1-283(b) of the
York County Zoning Ordinance, to authorize a beauty salon as a home
occupation within a single-family detached dwelling on property located
at 302 Coach Hovis Drive and further identified as Assessor's Parcel No.
38-(10)-5-71; and
WHEREAS, said application has been forwarded to the York County
Planning Commission in accordance with applicable procedure; and
WHEREAS, the Planning Commission recommends approval of this
application; and
WHEREAS, the York County Board of Supervisors has conducted a duly
advertised public hearing on this application; and
WHEREAS, the Board of Supervisors has given careful consideration
to the public comments, Planning Commission recommendation, and staff
recommendation with respect to this application;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 21st day of November, 2000, that Application No.
UP-562-00 be, and it is hereby, approved to authorize a special use
permit, pursuant to Section 24.1-283(b) of the York County Zoning
Ordinance, to establish a beauty salon as a home occupation within a
single-family detached dwelling on property located at 302 Coach Hovis
Drive and further identified as Assessor's Parcel No. 38-(10)-5-71,
subject to the following conditions:
1. This use permit shall authorize the establishment of a one
(1)-chair beauty salon as a home occupation within a single-family
detached dwelling on property located at 302 Coach Hovis Drive and
further identified as Assessor's Parcel No. 38-(10)-5-71.
2. The conduct of such home occupation shall be limited to an area
within the existing home not to exceed 150 square feet.
3. The home occupation shall be conducted in accordance with the
provisions of Sections 24.1-281 and 24.1-283(b) of the York County
Zoning Ordinance, except as modified herein.
4. No person other than individuals residing on the premises shall be
engaged on the premises in the home occupation.
5. The days and hours of operation shall be limited to three (3) days a
week, Monday through Saturday, from 9:00 AM to 5:00 PM.
6. No more than one (1) customer at any one time shall be served within
the applicant's home.
7. Retail sales on the premises shall be limited to incidental sales of
shampoo, conditioning, and other hair care products.
8. No signs or other forms of on-premises advertisement or business
identification visible from outside the home shall be permitted.
9. In accordance with the terms of the Zoning Ordinance, at least one
(1) off-street parking space shall be provided on the premises to
accommodate clients. This space shall be in addition to the two (2)
spaces that are otherwise required for the single-family residence.
10. Notwithstanding the provisions of Section 24.1-283(g) of the Zoning
Ordinance, this use permit shall be subject to the use permit term
limits set forth in Section 24.1-115(c)(2).
11. In accordance with Section 24.1-115(b)(7) of the York County Zoning
Ordinance, a certified copy of the resolution authorizing this special
use permit shall be recorded at the expense of the applicant in the name
of the property owner as grantor in the office of the Clerk of the
Circuit Court.
On roll call the vote was:
Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)
AMENDMENT TO YORK COUNTY CODE: LIBRARY BOARD
Mr. Barnett made a presentation on proposed Ordinance No. 00-19 to
repeal Chapter 13, Library, of the York County Code, and add a new
Article V, "Library Board," to Chapter 2 for the purpose of
continuing the existence of the York County Library Board. His
recommendation was that the Board repeal Chapter 13 in its entirety and
adopt in its place a new Section 2-51 which establishes and states the
qualifications for members of the Library.
Chairman Zaremba then called to order a public hearing on proposed
Ordinance No. 00-19 which was duly advertised as required by law and is
entitled:
AN ORDINANCE TO REPEAL CHAPTER 13, LIBRARY, YORK COUNTY CODE,
AND TO ADD A NEW ARTICLE V, "LIBRARY BOARD," SEC. 2-51, TO
CHAPTER 2, ADMINISTRATION, FOR THE PURPOSE OF CONTINUING THE EXISTENCE
OF THE YORK COUNTY LIBRARY BOARD
There being no one present who wished to speak concerning the
subject Ordinance, Chairman Zaremba closed the public hearing.
Chairman Zaremba asked why members were to be appointed at-large
instead of by district.
Mr. Barnett stated it was a statutory requirement in the State
code.
Mrs. Noll then moved the adoption of proposed Ordinance No. 00-19
which reads:
AN ORDINANCE TO REPEAL CHAPTER 13, LIBRARY, YORK COUNTY CODE,
AND TO ADD A NEW ARTICLE V, "LIBRARY BOARD," SEC. 2-51, TO
CHAPTER 2, ADMINISTRATION, FOR THE PURPOSE OF CONTINUING THE EXISTENCE
OF THE YORK COUNTY LIBRARY BOARD
BE IT ORDAINED by the York County Board of Supervisors this 21st
day of November, 2000, that Chapter 13 of the York County Code,
"Library" is hereby repealed, and that a new Article V,
"Library Board," section 2-51 is hereby added to Chapter 2,
Administration, of the County Code and is hereby adopted, as follows:
Chapter 2
ADMINISTRATION
* * *
ARTICLE V. LIBRARY BOARD
Sec. 2-51. Established; composition; qualifications; appointment
and terms of members.
There is hereby established, pursuant to Chapter 2 of Title 42.1
of the Code of Virginia, a board, to be known as the York County Library
Board of Trustees. The County's library system, including such branches
and substations as may be established, shall be under the control and
management of the library board, except that any library buildings shall
continue to be owned by the board of supervisors. The library board may
contract with the board of supervisors for the provision of such
administrative and financial support as both boards deem appropriate.
Such board shall consist of five (5) members, who shall be qualified
voters of the county and shall be selected from the county at large by
the board of supervisors. Three (3) of the members of the board first
appointed shall serve for terms of one (1) year, two (2) years and three
(3) years, and two (2) of the members shall serve for terms of four (4)
years. Subsequent appointments shall be for terms of four (4) years
each. The members of the board shall serve without compensation, but
shall be reimbursed for necessary expenses actually incurred. The term
of office of the members first appointed shall begin on January 1, 1977.
The members shall hold office during their respective terms and until
their successors are elected and qualified. Vacancies on the board shall
be filled by the board of supervisors for the remainder of the unexpired
term.
BE IT FURTHER ORDAINED that this ordinance shall take effect upon
adoption.
On roll call the vote was:
Yea: (5) Rapp, Noll, Wiggins, Burgett, Zaremba
Nay: (0)
AMENDMENT TO YORK COUNTY CODE: MOTOR VEHICLE LICENSES
Mr. Barnett made a presentation on proposed Ordinance No. 00-20 to
amend Section 15-23(d) of the York County Code to allow owners of newly
purchased motor vehicles 30 days to procure a County motor vehicle
decal.
Chairman Zaremba then called to order a public hearing on proposed
Ordinance No. 00-20 which was duly advertised as required by law and is
entitled:
AN ORDINANCE TO AMEND SECTION 15-23 (d), APPLICATION FOR LICENSE
AND PAYMENT OF FEE, YORK COUNTY CODE, TO ALLOW OWNERS OF NEWLY
PURCHASED MOTOR VEHICLES THIRTY (30) DAYS TO PROCURE A COUNTY MOTOR
VEHICLE DECAL
There being no one present who wished to speak concerning the
subject Ordinance, Chairman Zaremba closed the public hearing.
Miss Rapp moved Ordinance No. 00-20 which reads:
AN ORDINANCE TO AMEND SECTION 15-23 (d), APPLICATION FOR LICENSE
AND PAYMENT OF FEE, YORK COUNTY CODE, TO ALLOW OWNERS OF NEWLY
PURCHASED MOTOR VEHICLES THIRTY (30) DAYS TO PRO-CURE A COUNTY MOTOR
VEHICLE DECAL
BE IT ORDAINED by the York County Board of Supervisors this 21st
day of November, 2000, that section 15-23 (d), Application for license
and payment of fee, York County Code, be and it is hereby amended to
read and provide as follows:
Sec. 15-23. Application for license and payment of fee.
* * *
(d) Every purchaser of a new or used motor vehicle, trailer or
semi-trailer which normally will be garaged, stored or parked in the
county shall have thirty (30) days from the date of purchase to procure
a county motor vehicle decal.
This ordinance shall take effect upon its adoption.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
CONVEYANCE OF WATERLINE EASEMENT
Mr. Barnett made a presentation on proposed Resolution R00-187 to
authorize the execution of a deed conveying a waterline easement to the
City of Newport News in connection with the Penniman Road water main
improvement project.
Chairman Zaremba then called to order a public hearing on proposed
Resolution R00-187 which was duly advertised as required by law and is
entitled:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A
DEED CONVEYING A WATERLINE EASEMENT TO THE CITY OF NEWPORT NEWS IN
CONNECTION WITH THE PENNIMAN ROAD WATER MAIN IMPROVEMENT PROJECT
There being no one present who wished to speak concerning the
subject Resolution, Chairman Zaremba closed the public hearing.
Mr. Wiggins then moved the adoption of Resolution R00-187 which
reads:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A
DEED CONVEYING A WATERLINE EASEMENT TO THE CITY OF NEWPORT NEWS IN
CONNECTION WITH THE PENNIMAN ROAD WATER MAIN IMPROVEMENT PROJECT
WHEREAS, the County has previously approved the construction of a
project known as the Penniman Road Water Main Improvement Project; and
WHEREAS, in connection with such project, it is necessary for the
County to convey to the City of Newport News a water main easement
containing approximately 340 sq. ft. located on property owned by the
County adjacent to Government Road, and identified among the County's
tax maps as Tax Map Parcel 11-76; and
WHEREAS, this matter has been duly advertised for a public hearing
pursuant to Code of Virginia § 15.2-1800; and
WHEREAS, this Board desires to authorize the conveyance of the
easement to the City of Newport News;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 21st day of November, 2000, that the County
Administrator be, and he hereby is, authorized and directed to execute a
deed of easement conveying a water main easement as described herein to
the City of Newport News, such deed 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)
VACATION OF DRAINAGE & SANITARY SEWER EASEMENTS - ROUTE 17
WAL-MART
Mr. Barnett made a presentation on proposed Resolution R00-193 to
authorize the execution of a deed vacating portions of existing drainage
and utility easements and a sanitary sewer easement.
Chairman Zaremba then called to order a public hearing on proposed
Resolution R00-193 which was duly advertised as required by law and is
entitled:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A
DEED VACATING PORTIONS OF EXISTING DRAINAGE AND UTILITY EASEMENTS AND
A SANITARY SEWER EASEMENT
There being no one present who wished to speak concerning the
subject Resolution, Chairman Zaremba closed the public hearing.
Mrs. Noll then moved the adoption of Resolution R00-193 which
reads:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A
DEED VACATING PORTIONS OF EXISTING DRAINAGE AND UTILITY EASEMENTS AND
A SANITARY SEWER EASEMENT
WHEREAS, the development of a Wal*Mart store at the corner of
Route 17 and Victory Boulevard in York County requires the vacation of
existing drainage, utility, and sanitary sewer easements across parcels
owned by Overyork, L.L.C., and/or LH of Virginia, L.L.C.,
contemporaneously with the dedication of substitute easements by the
property owners; and
WHEREAS, this Board desires to cooperate with the requested
easement vacation and rededication;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 21st day of November, 2000, that the County
Administrator be, and he hereby is, authorized to exe-cute a deed
vacating portions of certain drainage and utility easements and a
portion of an existing sanitary sewer easement, provided that Overyork,
L.L.C. and LH of Virginia, L.L.C. shall contemporaneously dedicate to
the County substitute easements, all as shown on a plat attached to a
memorandum from the County Attorney dated November 7, 2000, and provided
further that such deed be approved as to form by the County Attorney.
On roll call the vote was:
Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)
UNFINISHED BUSINESS
AUTHORIZATION TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR THE
YORKTOWN CAPITAL IMPROVEMENT PROGRAM
Mr. Stuck provided the Board with some updated information
concerning the Professional Services Agreement for the Yorktown Capital
Improvements Program. He indicated Mr. Kraus was available should the
Board have questions.
Mr. Kraus made available to the Board a chart indicating the fees
incurred by the Department of General Services with respect to
consultants hired. The chart reflected fees during the last ten-year
period.
Mr. Wiggins stated that after discussions with Mr. Kraus he no
longer had questions about the issue and was in favor of the agreement.
Mr. Burgett appreciated the memorandum he received from Mr. Kraus
which answered the questions he had on the issue.
A brief discussion followed on the process of securing contract
fees.
Chairman Zaremba thanked Mr. Kraus for his thorough memorandum and
the presentation of the data.
Mr. Burgett then moved the adoption of proposed Resolution
R00-172(R) which reads:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT FOR THE YORKTOWN CAPITAL IMPROVEMENTS
PROGRAM
WHEREAS, the Board has adopted a Yorktown Capital Improvements
Program; and
WHEREAS, it is the policy of the Board of Supervisors that all
procurement of goods and services by the County involving expenditures
over $30,000 or more be submitted to the Board for its approval; and
WHEREAS, it is the desire of the Board to authorize the County
Administrator or his designee to execute a professional services
agreement and future addenda for architectural, engineering, and
consulting services that are needed for projects in the Yorktown Capital
Improvements Program;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 21st day of November, 2000, that the County
Administrator be and is hereby authorized to execute a three-year
professional services agreement, to include future addenda to said
agreement, in a form that is approved by the County Attorney with
Carlton Abbott, and Partners, P.C., without further action by this
Board, provided that said agreement and all addenda do not exceed funds
available for said purpose approved by the Board of Supervisors as set
forth in the approved Yorktown CIP.
On roll call the vote was:
Yea: (5) Rapp, Noll, Wiggins, Burgett, Zaremba
Nay: (0)
NEW BUSINESS
REQUESTS FOR ALLOCATION OF LODGING TAX REVENUES
Mr. Stuck made a presentation on the requests for allocation of
lodging tax revenues for two projects. Those requests were from the
Yorktown Fourth of July Celebration Committee and the Daughter's of the
American Revolution (DAR).
Mr. Burgett asked Mr. Frye, representative of the Yorktown Fourth
of July Celebration Committee, how the Committee raised money for the
fireworks display.
Mr. Frye discussed the different fundraising projects in which the
committee was involved. He stated its major contributor was BP Amoco;
but since it has been sold, the Committee no longer has that generous
sum of money and has to supplement those funds.
Mr. Burgett asked about the Committee establishing a budget for
the next few years.
Mrs. Noll stated she hoped the business community was supporting
the Fourth of July Celebration. She suggested the York County Business
Association (YCBA) as a possible source of funding.
Discussion ensued regarding the fundraising events of the
Committee.
Mr. Burgett commented that the celebrations were always terrific,
and he was in favor of funding the committee.
Mr. Dave Meredith, representative of the Yorktown Fourth of July
Celebration Committee, stated approximately 500 different businesses in
the County were contacted, but with little success in terms of
contributions.
Chairman Zaremba stated the grant request was for $35,000, and the
staff has recommended $28,000. He asked what the Board would like to
allocate.
Mr. Burgett stated he would support the full request of $35,000
and wanted to make sure the committee had what it needed to put on the
July 4th celebration.
Mr. Wiggins asked the committee representatives if the full amount
was funded but not used, would they request a lesser amount next year.
Both Mr. Frye and Mr. Meredith were in agreement with that
suggestion.
Mrs. Noll stated she would like to contribute up to $35,000 and
give the committee a chance to raise some of the required funds.
Chairman Zaremba reiterated the Board's intention of contributing
up to $35,000 to the Fourth of July Celebration Committee and $5,000 to
the DAR.
Mrs. Noll requested the $5,000 to the DAR be a matching grant
since the State offers the money as a matching grant.
Mr. Stuck stated that letters would be prepared allocating $5,000
to the DAR and up to $35,000 to the Fourth of July Celebration Committee
with the stipulation that the $35,000 grant will be reduced by the
amount of any "excess" funds raised by the Committee.
By consensus the Board agreed to approve the allocations of the
Lodging Tax Revenues as summarized by Mr. Stuck.
APPROPRIATION OF UNOBLIGATED FUNDS
Mr. Stuck made a presentation on proposed Resolution R00-184 to
appropriate the General Fund Fiscal Year 2000 unobligated fund balance
to the Capital Fund and to appropriate $100,000 for the purchase of a
knuckle boom truck for the yard debris collection program.
Mr. Wiggins noted that the drainage problems in the County could
be lessened quicker if the knuckle boom truck was available.
Miss Rapp moved the adoption of proposed Resolution R00-184 which
reads:
A RESOLUTION TO APPROPRIATE THE GENERAL FUND FISCAL YEAR 2000
UNOBLIGATED FUND BALANCE TO THE CAPITAL FUND AND TO APPROPRIATE
$100,000 FOR THE PURCHASE OF A KNUCKLE BOOM TRUCK FOR THE YARD DEBRIS
COLLECTION PROGRAM
WHEREAS, the unobligated fund balance from fiscal year 2000
operations is $1,666,094 and these funds do not represent recurring
revenue and should be used for capital or other one-time expenditures;
and
WHEREAS, the purchase of an additional knuckle boom truck for the
Yard Debris Program will provide a back-up while the other trucks are
down for maintenance and additional capacity for use during emergencies;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 21st day of November, 2000 that $1,566,094 be, and
hereby is, appropriated in the General Fund for the transfer to the
Capital Fund and that $100,000 be, and hereby is, appropriated in the
General Fund for the transfer to the Solid Waste Fund.
BE IT FURTHER RESOLVED that $100,000 be, and hereby is,
appropriated in the Solid Waste Fund for the purchase of a knuckle boom
truck for the leaf collection program.
BE IT STILL FURTHER RESOLVED that the County Administrator be, and
he hereby is, authorized to do all things necessary purchase of a
knuckle boom truck without further action by this Board, provided that
the total cost of said purchase shall not exceed the available funding.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
PROPOSED YORK HALL USE POLICIES
Mr. Stuck made a presentation on proposed Resolution R00-192 to
adopt Board Policy BP00-18 to establish guidelines for the use of York
Hall.
Chairman Zaremba asked how the Historical Committee would be able
to utilize the building.
Mr. Carter stated it was one of the groups that are
government-related and would be entitled to use the building. An outline
had been prepared for the Board showing the various group uses and the
criteria required for the building's use. He stated he would continue to
meet with the groups interested in using space at York Hall.
Mr. Wiggins complimented Mr. Carter on his thorough proposal on
the use of York Hall.
Mr. Burgett then moved the adoption of proposed Resolution R00-192
which reads:
A RESOLUTION TO ADOPT BOARD POLICY BP00-18 TO ESTABLISH
GUIDELINES FOR THE USE OF YORK HALL
WHEREAS, the York County Board of Supervisors has determined that
it is necessary to establish certain guidelines covering the use of York
Hall by County and non-County users; and
WHEREAS, the Board has carefully considered the recommendations of
the County Administrator for such guidelines as set forth in proposed
Board Policy BP00-18 and has determined that approval of the proposal is
appropriate.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 21st day of November, 2000, that Board Policy
Number BP00-18 be, and it is hereby, adopted to establish policies
covering the use of York Hall.
On roll call the vote was:
Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)
LEGISLATIVE PROGRAM FOR 2001
Mr. Barnett made a presentation regarding proposed Resolution
R00-194 to approve the County's Legislative Program for 2001. He
summarized the items contained in the 2001 Legislative Program which was
divided into two parts - a Summary of Legislation Requested by the
County, and a Summary of Legislative Policies.
Chairman Zaremba reminded the Board of its meeting with the
Legislators on the morning of December 4 at the Duke of York. He asked
the Board and Mr. Stuck to give some thought on how to conduct that
meeting.
Mrs. Noll then moved the adoption of proposed Resolution R00-194
which reads:
A RESOLUTION APPROVING THE COUNTY'S 2001 LEGISLATIVE PROGRAM
WHEREAS, because of the applicability of Dillon's Rule in
Virginia, York County is dependent upon the General Assembly to adopt
specific enabling legislation in many instances in order to enable the
County to provide efficient and effective services and government to its
citizens; and
WHEREAS, the County has developed a Legislative Program for the
consideration of the 2001 session of the General Assembly which outlines
certain legislative policies which the Board believes ought to guide the
General Assembly and proposes certain legislation that would benefit the
County; and
WHEREAS, the Board has carefully considered its legislative
program, and believes that it is in the best interests of the citizens
of York County;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 21st day of November, 2000, that this Board hereby
approves the County's 2001 Legislative Program, and commends it to the
County's representatives in the General Assembly for action.
BE IT FURTHER RESOLVED that copies of this Resolution and the
County's 2001 Legislative Program be forwarded to the County's elected
representatives to the General Assembly.
On roll call the vote was:
Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)
APPLICATION UP-523-97 FAIRFIELD COMMUNITIES. INC.
Mr. Stuck made a presentation on proposed Resolution R00-177 to
approve a minor amendment to Application No. UP-523-97 to authorize the
deletion of a public nine-hole golf course and to approve redesigned
resort amenities and building locations.
Mr. Cross elaborated on the proposed changes. He stated the
original use permit did not include the pitch and putt golf course as an
amenity; it was later amended to include the golf course. Another
proposed change is to relocate a maintenance building to the rear of the
property. The applicant has proposed to replace nine two-story buildings
with six three-story buildings. The applicant has also proposed to
redesign the recreational amenities by relocating three outdoor pools
and reducing the size of the smaller and increasing the size of the
lake. He stated staff recommended approval of the proposed changes.
Mrs. Noll asked how many units had been sold with the proposed
golf course as part of the package.
Mr. Cross indicated 7.7 percent of the total project had been sold
through October 31, 2000. He further stated that Fairfield felt it would
be a more viable project if they removed the golf course and that the
course had not been marketed as something that would definitely be
constructed.
Chairman Zaremba stated that previously the Williamsburg Area
Chamber of Commerce felt that amenities such as golf courses were an
attraction to the resort area. He asked if the Chamber had offered any
comments on the issue.
Discussion followed concerning the pitch and putt golf course.
Mr. Jim Noel, Director of the Office of Economic Development,
stated the pitch and putt concept golf course was not what the Chamber
was looking at as part of a golf strategy.
Chairman Zaremba proposed that the matter be tabled at this time.
Mr. Ted Hunter, Planning Manager with Fairfield Communities,
stated he was not involved with the project when the golf course was
added. He stated that after Fairfield conducted an analysis, it was
concluded that the golf course was going to be a struggle economically.
Chairman Zaremba asked Mr. Hunter if he minded if the matter was
tabled until the County received some feedback from the Williamsburg
Area Chamber of Commerce.
Mr. Hunter stated he hoped the Board would not table the issue. He
stated Fairfield had proceeded with the first phase of construction and
was working and moving forward with a lot of development and design at
this time.
Miss Rapp explained the property belonged to Fairfield
Communities, and she felt the type of golf facility planned would not be
a big attraction to the facility. She stated she would vote no to
tabling the matter.
Mrs. Noll agreed with Miss Rapp, stating she felt the Chamber
would be in agreement with the new plan. She did not feel it was
necessary to go to the Chamber when the property was located in York
County.
Chairman Zaremba stated he felt it was conjecture whether it was
an amenity and whether it could serve the community. He indicated he
still wanted to find out the Chamber's position on the matter.
Chairman Zaremba then moved to table proposed Resolution R00-177.
On roll call the vote was:
Yea: (3) Wiggins, Burgett, Zaremba
Nay: (2) Rapp, Noll
CLOSED MEETING. At 9:59 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;
Section 2.1-344(a)(7) pertaining to a matter of actual litigation and
consultation with legal counsel.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
Meeting Reconvened. At 10:23 p.m. the meeting was reconvened in
open session by order of the Chair.
Mr. Burgett 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 21st day of November, 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) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)
APPOINTMENT TO THE YORK COUNTY BOARD OF ZONING/SUBDIVISION APPEALS
Mr. Wiggins moved the adoption of proposed Resolution R00-174
which reads:
A RESOLUTION TO RECOMMEND THE APPOINTMENT OF AN INDIVIDUAL TO
THE YORK COUNTY BOARD OF ZONING/SUBDIVISION APPEALS
WHEREAS, the term of Leroy J. Hill on the York County Board of
Zoning/Subdivision Appeals expires on December 31, 2000; and
WHEREAS, Mr. Hill was first appointed to the Board of
Zoning/Subdivision Appeals on April 2, 1980; and
WHEREAS, Mr. Hill is eligible for reappointment to said Board and
has indicated he wishes to serve another term;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this the 21st day of November, 2000, that Susan J. DeMeno
be, and she hereby is, recommended for appointment to the York County
Board of Zoning/Subdivision Appeals, such term to begin January 1, 2001
and expire December 31, 2005.
On roll call the vote was:
Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)
Meeting Adjourned. At 10:25 p.m. Chairman Zaremba declared the
meeting adjourned to 6:30 p.m., Tuesday, November 28, 2000, in the
library, Grafton High School, for the purpose of conducting a joint work
session with the school board.
_____________________________
_______________________________
Daniel M. Stuck,
Clerk
Walter C. Zaremba, Chairman
York County Board of
Supervisors
York County Board of Supervisors
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