|
Regular Meeting
December 5, 2000
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board
of Supervisors was called to order at 7:00 P.M., Tuesday, December 5,
2000, in the Board Room, York Hall, by Chairman Walter C. Zaremba.
Attendance. The following members of the Board of
Supervisors were present: Walter C. Zaremba, Sheila S. Noll, Donald E.
Wiggins, James S. Burgett, and Melanie L. Rapp.
Also in attendance were Daniel M. Stuck, County Administrator; and
James E. Barnett, County Attorney.
Invocation. Landon Haywood, York County Youth Commission,
gave the Invocation.
Pledge of Allegiance to the Flag of the United States of
America. Chairman Zaremba led the Pledge of Allegiance.
PRESENTATIONS
EMPLOYEE RECOGNITION PROGRAM
Chairman Zaremba and Sheriff Diggs congratulated the following
deputies upon the occasion of their 20th anniversary with York County,
and presented them with 20-year pins and citations:
William M. Chick
James E. Richardson
Barry D. Holloway
YORK COUNTY YOUTH COMMISSION
Mr. Daniel Shean, Chairman of the York County Youth Commission,
made a presentation giving the Board members the second quarterly report
of the Commission's activities. He listed the activities the Youth
Commission had been involved in such as Youth Week, Volunteer Day, and
noted the Commission's subcommittees were busy with special projects
such as hosting a County-wide dance on January 27, the Adopt-A-Highway
Program, revisions to the Commission's website, a contest for a new
logo, and hosting a Youth Forum. He stated the Commission had assisted
with Yorktown Day activities and the Christmas Tree Lighting Ceremony,
and they had voted to amend the Commission's bylaws to increase its
membership to 15 members and to establish a Student Relations
Subcommittee. Mr. Shean indicated the Commission was now working on the
Outstanding Youth Awards for this year.
CITIZENS INSTITUTE
Mrs. Anne B. Smith, Director of Community Services, made a
presentation bringing the Board members up to date on prior
recommendations of the Youth Commission based on the York County Youth
Commission Survey of 1999. She provided background information on the
survey as to how the idea of the survey came about and how it was
administered. She discussed the results of the survey which indicated
there was a 72 percent satisfaction rating by the students of the
County. Mrs. Smith noted the Board of Supervisors acknowledged the
survey results and recommendations but did not act on this collectively
at that time. She then reviewed actions that have been taken on a
case-by-case basis which addressed most of the recommendations. In
connection with the survey's recommendation that something be done about
development and congestion in the lower County, there were no specific
recommendations, but the survey results did suggest a need for more
communication and understanding. Activities which have taken place since
the survey to further communication have included the Youth Commission's
website, youth forums, the Local Government 101 Seminar, a solicitation
of the youth perspective on major issues, Youth Week activities, the
proposal for a Citizens Institute, and programming on Channels 46 and
47. The survey recommendation for the addition of more recreational
facilities and programs for teens in the County was addressed by the
conduct of trips specially planned for teens, the establishment of open
gyms, the promotion of volunteer and service activities, and the
on-going progress of plans for the YMCA Community Center.
Chairman Zaremba asked when the YMCA thought it would be starting
construction on the community center.
Mrs. Smith stated the YMCA is very optimistic, hoping to begin
construction in about 12 months.
CITIZENS INSTITUTE
Mrs. Smith made a presentation on the planning effort to implement
one of the Board's goals and objectives through a proposed Citizens
Institute. She noted the purpose of the proposal was to enhance
citizens' understanding of and involvement with York County government.
Mrs. Smith then reviewed the characteristics of the proposed program,
including public promotion for registration, no registration fees,
conduct of semi-annual classes on four consecutive Fridays which would
incorporate field trips, and one evening mini-institute for those who
could not make a daytime function. She indicated the proposal called for
the sessions to be held in York Hall where the participants would meet
the members of the Board of Supervisors and receive classroom style
presentations by local, state, and federal government officials. The
proposed field trips might include visiting the County's parks, the 911
Center, the juvenile detention center, observing the Geographic
Information System, visiting a Head Start classroom, and line dancing at
the Senior Center. There would be no cost to the citizens, and County
costs would only include printing, some refreshments, some
transportation, and staff time. Mrs. Smith reviewed the implementation
schedule for the program, noting that the curriculum would be complete
by February, 2001, with the Institute being held in September/October.
She concluded her remarks by asking the Board to review the proposal and
provide input to the program.
Miss Rapp expressed her excitement about the program.
Mrs. Noll indicated that during the last several years the
Neighborhood Conference was actually a mini-Citizens Institute. She
expressed her hope that the people in York County will be attentive to
what this program offers.
Mr. Burgett stated he felt the proposed program was a terrific
product, and also stated he felt Mrs. Smith's "Local Government
101" seminar should be the initial training session because it sets
the stage for everything else that will be discussed.
CITIZENS COMMENT PERIOD
Mrs. Pam Pouchot, 103 Kimberly Court, spoke concerning proposed
House Bills 246 and 247 dealing with the illegal possession of firearms
on school properties, and she asked the Board to offer a formal letter
of support for the legislation to the General Assembly. She noted the
Board would have to make a decision at this time because the committee
would act on December 14.
Sheriff J. D. Diggs recognized and commended the Electoral Board,
the staff of the Registrar's Office, and all the election workers for
their hard work during the recent election. He also thanked the County
for having the foresight to appropriate money for new voting machines.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett indicated his office takes part in legal education
seminars for County staff, and they will again in February conduct a
legal issues seminar. He also noted that last night Mrs. Hook, the
Assistant County Attorney, spent 2 ½ hours in Gloucester County with a
regional group of fire and life safety personnel conducting a seminar on
issues pertaining to code enforcement. Mr. Barnett then indicated that
December 18 is the deadline for pre-filing bills for the next session of
the General Assembly. After that date, each legislator will be allowed
to submit only six more bills. He stated he has started receiving pieces
of legislation, noting that last year there were over 3,000 bills
introduced. Mr. Barnett indicated that his office does its best to keep
up with all the bills, and in the coming weeks he would be bringing to
the Board's attention any legislation that might impact on the County.
He asked the Board to look for regular reports by way of email as well
as by written memoranda.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. Stuck distributed a draft letter that had been prepared to Mr.
James Cleveland of the Virginia Department of Transportation regarding
proposals the County has for Route 17 improvements. He asked the Board
to review the draft and make any changes necessary. He indicated an item
to approve the signing of the subject letter would be placed on the
Board's December 19 agenda for discussion and action. Mr. Stuck then
noted that the Board's information package this evening contained a
final report on the New Quarter Park opening through Thanksgiving of
this year.
Meeting Recessed. At 7:55 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
TAX EXEMPTION FOR RUNNING MAN HOMEOWNERS' ASSOCIATION RECREATION
PROPERTY
Mr. Stuck made a presentation regarding the request of the Running
Man Recreation Association to become exempt from property taxation. He
stated the item was requested by Miss Rapp, and a gentleman from the
Association was present this evening to answer any questions the Board
might have regarding the request. He noted that the Association did not
sell memberships to the general public, but a member must be a property
owner in the subdivision. He stated the issue here is whether or not the
Board wishes to endorse a tax exemption for this organization. Under
Virginia law in a situation with a mandatory homeowners' association,
association amenities are considered to be valued as a part of each
homeowner's lot. In Running Man and a couple of other subdivisions in
the County, the homeowners' associations are not mandatory, and any
recreational property in these cases is taxed separately. The General
Assembly must approve a tax exemption, and it requires that the request
be endorsed by the local governing body. The second option of the Board
is not to endorse the request, and the third option is not to endorse
the request but make a contribution to the homeowners' association equal
to the value of its taxes each year. He stated the latter option retains
the Board's opportunity each year to give or not to give the exemption.
He noted the other subdivisions that would qualify for exemption are
Edgehill, Marlbank Farms, and Queens Lake.
Discussion followed concerning the differences between the
mandatory and non-mandatory homeowners' associations and how they are
taxed.
Miss Rapp explained that the requester was not the Running Man
Homeowners' Association but a separate recreation association, a
separate entity.
Chairman Zaremba then called to order a public hearing on proposed
Resolution R00-204 which was duly advertised as required by law and is
entitled:
A RESOLUTION SUPPORTING THE REQUEST OF THE RUNNING MAN
RECREATION ASSOCIATION, INC. TO BECOME EXEMPT FROM PROPERTY TAXATION
Mr. Daniel Murri, 119 Pamunkey Turn, representing the Running Man
Recreation Association, Inc., elaborated on the differences between the
homeowners' association and the recreation association. He explained
that the recreation association was established later by the residents
who wished to have pool facilities. As the staff memorandum stated, paid
memberships were not available to the general public. He stated at this
time the $129 tax bill was not a concern to the Association, but the
concern would come if the assessment were to go up many fold because of
the improvements made to the property. Mr. Murri stated it was the
Association's belief that it qualified for the tax exemption, and he
asked the Board's support and approval of the request.
Discussion followed regarding the Association's property
assessment.
Chairman Zaremba stated the central issue was whether or not the
organization fell in the category as outlined in the staff memorandum.
Mr. Barnett gave his opinion that it was a taxable organization.
The governing statute talks about ownership of a planned development,
and situations where people who live in the planned development own by
virtue of covenant or deed a restricted right to use the common
property. In those situations, the property is deemed to have no
assessed value. He stated in that sense he did not believe the Running
Man Recreation Association was dedicated solely to the residents of
Running Man, but the Association has chosen to voluntarily limit itself
that way. Mr. Barnett stated there was no binding document that requires
the Association to limit themselves in that way. He stated the statute
required this public hearing, but it did not mean the General Assembly
would not act without a resolution of the Board. There just must be
evidence that a timely request was made to the Board and the Board's
subsequent decision to endorse or not to endorse the request.
Mr. Murri stated that even though there may be no legal document
stating the Association won't sell open memberships, it was agreeable
between the developer and the community association.
There being no one else present who wished to speak concerning the
subject resolution, Chairman Zaremba closed the public hearing.
Miss Rapp stated he also understood that there were agreements in
place not to sell open memberships to the pool facility. She expressed
her support of this request, stating the Association has followed
through on the process to become a non-profit organization.
Mr. Wiggins noted the County was losing only $129, and stated he
felt the Board should give the Association its endorsement in that there
were so few recreation centers or pool facilities in the County.
Mrs. Noll expressed her concern, stating every homeowners'
association pays dues, and if one of them has a recreation center within
the association that is prorated, their taxes are added to their
individual lots.
Mr. Burgett stated the Association has met all requirements for
501(c)(3) which makes it a charitable association. He stated he felt it
meets the spirit of the provisions for tax exemption.
Discussion followed.
Miss Rapp moved the adoption of proposed Resolution R00-204 which
reads:
A RESOLUTION SUPPORTING THE REQUEST OF THE RUNNING MAN
RECREATION ASSOCIATION, INC. TO BECOME EXEMPT FROM PROPERTY TAXATION
WHEREAS, exemption from local property taxes requires approval by
the General Assembly; and
WHEREAS, Section 30-19.04 of the Code of Virginia addresses such
exemptions and Subsection B of Section 30-19.04 requires that the local
governing body advertise and conduct a public hearing and consider a
series of questions prior to adopting a resolution supporting the
requested exemption; and
WHEREAS, the required public hearing has been advertised and
conducted and the Board of Supervisors has duly examined and considered
the questions contained in Subsection B of Section 30-19.04 of the code
of Virginia;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 5th day of December, 2000, that this resolution be, and
is hereby, adopted in support of the request of the Running Man
Recreation Association, Inc. to become exempt from property taxation.
BE IT FURTHER RESOLVED, that it is recommended that the property of the
Running Man Recreation Association, Inc., currently valued at $15,000
resulting in a tax assessment of $129, be included in the public park
and playground tax exemption classification.
On roll call the vote was:
Yea: (4) Wiggins, Burgett, Rapp, Zaremba
Nay: (1) Noll
COUNTY ADMINISTRATOR REPORTS AND REQUESTS (Continued)
At this time Mr. Stuck displayed for the Board members a video
depicting an update on the following construction projects on-going in
the County:
Ballard Street Sidewalks
Administration Building Interior Demolition/Renovation
Finance Building Construction and New Offices
Tabb Middle School Construction and New Roof
Seaford Elementary Gymnasium
Sewer Projects
Yorktown Library Renovations
Environmental & Development Services Building Addition
Mr. Stuck stated that since 1995 $15.5 million had been spent on
new and renovated County buildings, and this completed a 10-year effort
to build and improve the County's facilities.
MATTERS PRESENTED BY THE BOARD
Mrs. Noll stated the Christmas Tree Lighting Ceremony and Boat
Parade were great events this year. She informed the Board members she
had attended the ceremony dedicating the new library at Langley to
former Congressman Herb Bateman, and she attended a farewell dinner for
Dr. Herman Grunder of the Jefferson Laboratories.
Miss Rapp congratulated the Tabb High School Girls Field Hockey
Team for attaining the No. 1 spot in the State.
Mr. Wiggins expressed his appreciation to the employees of the
County for their efforts during the past year and explained his feelings
as to why the Board provided only one extra day of holiday time this
year.
Mr. Burgett also noted his enjoyment with this year's Christmas
Tree Lighting Ceremony and Boat Parade, and he congratulated the
Historical Committee and Marge Funk and her committee for a great job.
Chairman Zaremba added his comments about the Christmas Tree
Lighting Ceremony, noting a candlelight procession was held before the
lighting ceremony, and carols were sung prior to the Boat Parade. He
then noted that the Board of Supervisors and members of the staff met
with the School Board last week for a first joint meeting on the FY2002
budget cycle. He stated there was a good and close professional working
relationship between the two boards, and the staff of each shared
projected revenues for the upcoming year as well as projected needs.
Chairman Zaremba then addressed the latest issue of Citizen News,
stating all residences should have received it in the mail by now. He
encouraged the citizens to read the articles and gain information on the
programs and services offered to York County citizens, and noted that it
also lists the phone numbers of the Board members so that the citizens
can contact them.
Chairman Zaremba asked that Mr. Carter provide the Board by the
next meeting with an update on the Dare Marina site plan review. He then
spoke concerning the Board's action concerning the Land Use Program last
year to delete the categories of Forestry and Open Space from the
program, and noted he was seeing a lot of clear-cut property. He stated
he would like to know how quickly the County's green space was being
developed, indicating it might be an issue the Board should address.
Chairman Zaremba also stated the Board looked forward to recognizing the
Tabb High School Girls Field Hockey Team and their coaches with a
resolution of appreciation.
UNFINISHED BUSINESS
APPLICATION UP-523-97 (MINOR AMENDMENT), FAIRFIELD COMMUNITIES,
INC.
Mr. Stuck indicated this application was tabled from the last
meeting in order to receive comment from the Williamsburg Chamber of
Commerce about eliminating the pitch and putt golf course. Mr.
Hershberger forwarded correspondence indicating the Chamber did not
object to the elimination.
Mr. Tim Cross, Acting Chief Planner, provided a short summary of
the application and reiterated that the Williamsburg Chamber of Commerce
poses no objection to the elimination of the golf course. He stated that
Mr. Moore who represented Fairfield was present to answer any further
questions.
Chairman Zaremba indicated his concern had to do with the golf
course, stating there was a huge initiative in the area to bring in full
18-hole golf courses, and it seemed to him inconsistent with the
initiative to give up this particular amenity. He asked Mr. Moore if
there was any plan to build more timeshares on the property that would
otherwise have been used for the golf course.
Mr. Moore indicated there would not, and he noted that the City of
Williamsburg has objected to the proposed golf course from the start of
the project. He stated the space allocated originally for the golf
course will have a couple of tennis courts and some other amenities with
landscaping.
Mr. Wiggins then moved the adoption of proposed Resolution R00-177
which reads:
A RESOLUTION TO APPROVE A MINOR AMENDMENT TO APPLICATION NO.
UP-523-97 TO AUTHORIZE THE DELETION OF A PUBLIC NINE-HOLE GOLF COURSE
AND REDESIGNED RESORT AMENITIES AND BUILDING LOCATIONS
WHEREAS, Fairfield Communities, Inc., has submitted a request for
a minor amendment to an existing use permit, Application No. UP-523-97
(Revised), pursuant to the terms of Section 24.1-115(d)(2) of the York
County Zoning Ordinance to authorize the deletion of an approved public
golf course, the elimination of three building pads by replacing nine
two-story buildings with six three-story buildings, the relocation of
the maintenance building, and the addition and relocation of private
resort amenities on 57.01 acres of property located approximately one
(1) mile east of the intersection of Mooretown Road (Route 603) and
Airport Road (Route 645) and further identified as Assessor's Parcel No.
5-50; and
WHEREAS, the Board has carefully considered the staff
recommendation with respect to this application;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 5th day of December, 2000, that it does hereby approve
a minor amendment to Application UP-523-97 (amended) to permit the
deletion of an approved public golf course, the elimination of three
building pads by replacing nine two-story buildings with six three-story
buildings, the relocation of the maintenance building, and the addition
and relocation of private resort amenities, subject to the following
conditions:
1. This shall authorize the amendment of use permit
UP-523-97 Revised, to include the deletion of a public golf course and
clubhouse, the deletion of three building pads, the relocation of the
maintenance building, and the addition and relocation of private resort
amenities.
2. A transitional buffer type-25 (25-foot) shall be
constructed around the resort. In addition, a 35-foot landscaped buffer
shall be constructed along Mooretown Road (Route 603) as depicted on the
Site Development Plan revised October 16, 2000.
3. Miniature golf courses shall not provide any features or
elements that are visible from anywhere outside of the resort boundary.
4. Recreational amenities and outdoor roofed activity/picnic
shelters shall be for private guest use only.
5. The general layout and design of the site shall conform
to the Site Development Plan titled "Fairfield Williamsburg at
Governor's Green," dated October 16, 2000. The six-acre parcel to
be developed for future commercial use labeled on the above-referenced
October 16 site plan as "Commercial" is hereby excluded.
6. Failure to establish the timeshare use authorized by the
permit within three (3) years from the date of approval by the Board
shall cause the permit to terminate automatically. For the purposes of
this use permit, establishment of the timeshare use shall be deemed to
be achieved upon approval of the site plan for the project and issuance
of a land disturbing activity permit.
7. A site plan encompassing the entire 57.01-acre timeshare
area, identified as Parcels 1 and 2 on the subdivision plat titled,
"Subdivision of the Property of Richmond Road Associates, L.L.C.,
Parcel Containing 63.510 acres," dated June 22, 1998 (Plat Book 12,
Page 607), shall be prepared in accordance with Article V of the York
County Zoning Ordinance and submitted to and approved by the County
prior to the owners commencing any construction activity on the subject
property. As part of the site plan, an impact study shall be completed
consistent with Section 24.1-376(f), Watershed Management and Protection
Area Overlay District, of the Zoning Ordinance.
8. Left and right turn lanes along Mooretown Road at the
entrance to the development shall be installed prior to the commencement
of construction of any portion of the timeshare resort, as outlined in
"Traffic Analysis for Mershon Tract on Mooretown Road
Extended," prepared by DRW Consultants, Inc., and dated September
25, 1997. These additional lanes shall be approved by the Virginia
Department of Transportation (VDOT) prior to construction.
9. The timeshare resort shall have a maximum of 350 units,
including any "lockout units."
10. All streets, drives, and parking areas in the
development shall be constructed to VDOT cross-sectional street
standards.
11. The resort shall be served by sanitary sewer and public
water prior to the issuance of occupancy for any timeshare units.
12. Permanent year-round residential occupancy by any
individual or family other than that of a resident caretaker/manager
shall be prohibited.
13. The development shall consist only of units for which
the exclusive right of use, possession, or occupancy circulates among
various owners or lessees thereof in accordance with a fixed time
schedule on a periodically recurring basis.
14. Proposed procedures and regulations for maintenance and
upkeep of the facility shall be submitted to the Zoning Administrator
for review and approval at the time of the initial site plan submission
for the project.
15. Parking shall be provided at a ratio of no fewer than
1.3 spaces per timeshare unit.
16. All agreements and restrictions pertaining to ownership
and maintenance of common areas on the site shall comply fully with
Section 55-360 et seq., Code of Virginia, the Virginia Real Estate
Time-Share Act. Certification by the developer's legal counsel that the
referenced standards have been met shall be submitted with development
plans.
17. These conditions shall supersede all other conditions
related to this Use Permit.
On roll call the vote was:
Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)
CONSENT CALENDAR
Mrs. Noll moved that the Consent Calendar be approved as amended,
Item Nos. 4 and 5, respectively.
On roll call the vote was:
Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 4. AMENDMENT TO THE YORK COUNTY YOUTH COMMISSION
BYLAWS: Resolution R00-191
A RESOLUTION TO AMEND THE BYLAWS OF THE YORK COUNTY YOUTH
COMMISSION
WHEREAS, the York County Youth Commission was established by the
Board of Supervisors in 1983 to "serve as a communications link
between the youth of York County and the government of York
County;" and
WHEREAS, Article VIII, "Amendments" of the Youth
Commission's bylaws specifies that said bylaws may be amended by a
two-thirds majority vote of the commission, which equates to seven of
the ten commissioners, subject to approval of the Board of Supervisors;
and
WHEREAS, proposed changes to the bylaws were unanimously approved
by the eight members present at the commission's regularly scheduled
monthly meeting of November 1, 2000; and
WHEREAS, these bylaw modifications reflect the Board of
Supervisors' desire to give greater opportunity for more students to
serve on the Youth Commission by increasing membership to "up to
fifteen" commissioners in the future; and
WHEREAS, the proposed changes also create the establishment of a
third standing committee, to be called the "Student Relations
Committee," whose responsibilities shall include coordination of
"all activities and projects pertaining to the communication of
youth issues and ideas" as well as "for projects focusing on
youth development;" and
WHEREAS, these and other minor changes are all intended to enhance
the effectiveness of the Youth Commission and to lend clarity to its
respective standing committees and their responsibilities;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 5th day of December, 2000, that the Youth Commission's
bylaws be, and they are hereby, amended as follows:
REVISED
YORK COUNTY YOUTH COMMISSION
BYLAWS
ARTICLE I. NAME
Section 1. Name.
The name of this organization shall be the York County Youth
Commission and shall hereby be known as the Y.C.Y.C.
ARTICLE II. PURPOSE OF COMMISSION
Section 1. General Purpose.
The purpose of this organization is to serve as a communications
link between the youth of York County and the government of York County.
Section 2. Specific Functions.
Specific functions of the Commission shall include, but not be
limited to the following:
a. To serve as a liaison between the York County Board of
Supervisors and the youth of York County.
b. To serve as a forum for the youth of the County to present
their ideas, needs, and suggestions.
c. To investigate needs, problems, and issues affecting the youth
of York County.
d. To establish or strengthen services deemed important by the Board of
Supervisors for the youth of York County.
ARTICLE III. MEMBERSHIP
Section 1. Appointments.
The Y.C.Y.C. membership shall consist of up to fifteen student
members representing grades 9-12. Three members from each of the five
voting districts will be appointed by the Board of Supervisors provided
each district has at least three qualified applicants. The Board may
appoint members at-large whenever one or more districts have fewer than
three appointees. Each member is appointed for a term of one year.
Section 2. Vacancies.
Vacancies for all commission members shall be filled by persons
appointed by the Board of Supervisors in accordance with the provisions
of Article III, Section 1. above.
Section 3. Attendance.
The secretary of the Y.C.Y.C. shall be responsible for maintaining
the attendance record and reporting to the Commission at its first
regular meeting. In the event that any member misses two consecutive
regular meetings, or misses a total of three meetings within any (one)
twelve month period, the Chairman of the Commission shall inform the
member of their attendance record and give the member an opportunity to
be heard at the next regular meeting as to any absences. At said meeting
the Chairman, or the subject member, shall present the explanation of
absence. The member then will be put on a probationary period for three
months at which time he or she cannot miss a meeting for a period of
three consecutive months. If he or she misses a meeting during the
probationary period, it will be recommended to the Board of Supervisors
that the member be removed.
ARTICLE IV. OFFICERS
Section 1. Election.
The officers of the Y.C.Y.C. shall consist of a Chairman, a Vice
Chairman, and a Secretary. All officers shall be elected annually at the
first regular meeting and shall serve for a term of one year. The first
annual meeting shall be held in August, with date to be determined by
Staff Liaison.
Section 2. Duties of Officers.
Chairman:
The Chairman shall preside at all regular and special meetings of
the Commission. The Chairman shall be an ex-officio member of all
standing committees and should be notified of their members. The
Chairman shall make quarterly reports to the Board of Supervisors
concerning the activities of the Y.C.Y.C. Near the end of the term the
Chairman shall appoint a committee to audit the financial transactions.
Vice Chairman:
The Vice Chairman shall preside in the absence of the Chairman and
shall fulfill all other duties of the Chairman if the Chairman is unable
to perform the duties of office.
Secretary:
The Secretary shall preside in the absence of the Chairman and
Vice Chairman, and shall keep minutes of each regular or special meeting
and maintain records of all standing committee meetings. The Secretary
shall perform such other duties as may be delegated.
ARTICLE V. STANDING COMMITTEES
Section 1. Committees.
The following Standing Committees are hereby established: Public
Relations, Special Projects, and Student Relations. The Commission
Chairman shall appoint a Chairman for each committee.
Section 2. Duties of Standing Committees.
Public Relations Committee:
The Public Relations Committee shall publicize meetings and
activities of the Commission and provide other public relations duties
as assigned by the Commission.
Special Projects Committee:
The Special Projects Committee shall coordinate all service
projects and countywide social activities sponsored by the Commission.
Student Relations Committee:
The Student Relations Committee shall coordinate all activities
and projects pertaining to the communication of youth issues and ideas.
This committee will also be responsible for projects focusing on youth
development.
ARTICLE VI. MEETINGS
Section 1. Place, Time, and Date of Meetings.
The York County Youth Commission shall meet once a month except in
the month of July, at a date, time, and place to be designated at the
August organizational meeting, unless notice is given in writing at
least one week prior to the regularly scheduled meeting. Special
meetings shall be called by the Chairman as occasion demands or upon
written request of any three members of the York County Youth
Commission.
ARTICLE VII. BUSINESS
Section 1. Business.
All affairs and business of the organization shall be determined
upon majority vote of the members present and voting at any regular or
special meetings at which at least 6 of the members are present.
Meetings shall be conducted according to Robert's Rule of Order.
ARTICLE VIII. AMENDMENTS
Section 1. Amendments.
These Bylaws may be amended by a two-thirds vote of the entire
Y.C.Y.C., subject to approval of the Board of Supervisors.
Item No. 5. DESIGNATION OF AGENT FOR GRANT FUNDING: Resolution
R00-197
A RESOLUTION TO DESIGNATE THE COUNTY ADMINISTRATOR AS YORK
COUNTY'S AGENT FOR THE PURPOSE OF APPLYING FOR GRANT FUNDING UNDER THE
LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM FROM THE BUREAU OF JUSTICE
ASSISTANCE, DEPARTMENT OF JUSTICE
BE IT RESOLVED by the York County Board of Supervisors this the
5th day of December, 2000, that the County Administrator for the County
of York, Virginia, is hereby authorized to execute for and in behalf of
York County, a public entity established under the laws of the
Commonwealth of Virginia, an application for grant funding from the
Bureau of Justice Assistance, Department of Justice, under the Local Law
Enforcement Block Grant program.
BE IT FURTHER RESOLVED by the York County Board of Supervisors
that York County, a public entity established under the laws of the
Commonwealth of Virginia, hereby authorizes its agent to act in
connection with the grant application and provide to the Bureau of
Justice Assistance such additional information as may be required.
Item No. 6. PUBLIC SEWER EXTENSION AGREEMENT-RAMSEY ESTATES:
Proposed Resolution R00-186. (Removed from Consent Calendar)
Chairman Zaremba asked if there was any correlation between the
cost and number of units in the subdivision.
Mr. Stuck explained that it is higher than the norm because the
County constructed the system up to this point. An initial connection
fee was established; and if the owner did not opt for connection in the
first 90 days, the connection fee went up to $8,000. The developer was
notified that he had to pay the higher amount which is according to the
County's current ordinance.
Chairman Zaremba then moved the adoption of proposed Resolution
R00-186 which reads:
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY
SEWER SYSTEM TO THE PROPOSED DEVELOPMENT, RAMSEY ESTATES, AND
AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC SEWER EXTENSION
AGREEMENT
WHEREAS, Richard C. Epstein has requested that the County enter
into a public sewer extension agreement pursuant to § 18.1-53 (b) of
the York County Code to serve a residential development; and
WHEREAS, the plan for the proposed project has been reviewed by
the County; and
WHEREAS, prior to final approval of these plans and the initiation
of any construction activity, it is necessary that a determination be
made as to whether the Board will authorize the extension of the public
sewer facilities of the County to serve the proposed development; and
WHEREAS, it has been determined that sufficient capacity exists in
the County's existing sewer system to serve the proposed development, or
will exist when the facilities proposed by the developer are
constructed; and
WHEREAS, in accordance with the terms of Chapter 18.1 of the York
County Code the total connection fee to be paid to the County for the
proposed extension to serve this development has been determined to be
$162,400.00;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 5th day of December, 2000, that the Board approves the
extension of the County's public sewer system to serve the proposed
development, Ramsey Estates, and that the County Administrator be, and
he hereby is, authorized to execute a public sewer extension agreement
with Richard C. Epstein for the proposed extension; such agreement to be
approved as to form by the County Attorney.
On roll call the vote was:
Yea: (5) Rapp, Noll, Wiggins, Burgett, Zaremba
Nay: (0)
Item No. 7. WETLANDS BOARD GRANT: Proposed Resolution
R00-195. (Removed from Consent Calendar)
Mrs. Noll commended Dave Rolston, Chairman of the York County
Wetlands Board, who had been working on the grant project for three
years. She explained that the Wetlands Board had been awarded a $10,000
grant for the production of an educational video concerning the tidal
wetlands permitting process.
Miss Rapp noted that there was no other program like this one in
the state, and York County would be taking the lead in the state in
providing basic information on the tidal permitting process. She
expressed pride that York County wants to share the information in this
program, which will be completed without York County taxpayer funds,
with other localities.
Mrs. Noll then moved the adoption of proposed Resolution R00-195
which reads:
A RESOLUTION TO ACCEPT AND APPROPRIATE A DONATION TO THE YORK
COUNTY WETLANDS BOARD FROM THE VIRGINIA PENINSULA ASSOCIATION OF
REALTORS IN THE AMOUNT OF $10,000 FOR THE PRODUCTION OF A TIDAL
WETLANDS PERMITTING EDUCATIONAL VIDEO
WHEREAS, Virginia Peninsula Association of Realtors has made a
generous donation of $10,000 to the Wetlands Board in support of the
Tidal Wetlands Permitting Educational Video;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 5th day of December, 2000, that the County
Administrator be, and hereby is, authorized to accept the donation given
by Virginia Peninsula Association.
BE IT FURTHER RESOLVED that $10,000 be, and it hereby is,
appropriated in the General Fund for the purpose of providing financial
support for the production of the Tidal Wetlands Permitting Educational
Video.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
Chairman Zaremba asked that a presentation be made to the Board
once the video was completed.
Mr. Burgett also noted that the grant funding came from the
Virginia Peninsula Association of Realtors which is very active in the
County.
NEW BUSINESS
SENIOR CENTER LEASE AGREEMENT
Mr. Stuck indicated staff had been seeking a larger home for the
Senior Center for quite some time. The Board had been given a detailed
memorandum detailing the three options. He stated staff recommended that
additional space be leased in Washington Square Shopping Center, and
Mrs. Smith has negotiated a 5-year lease. Mr. Stuck stated that funding
has been set aside in the recreation budget for this purpose, but it
will raise the budget by $50,000 for the next four years.
Mr. Wiggins agreed that the senior citizens needed a larger space.
He noted there was a clause in the lease agreement that indicated if the
funds were not appropriated each year the lease would be void.
Mrs. Smith stated that was correct. Should the Board choose not to
fund the agreement in the following years, the lease would not be
binding on the County. She also stated that the agreement was negotiated
on good faith by the staff of the Board of Supervisors, and that with
entering into the lease there would be an expectation of continuing with
the lease for the term.
Mr. Burgett stated he felt Mrs. Smith had negotiated a very good
lease, and he was very pleased.
Discussion followed regarding the appropriation clause in the
proposed lease.
Mrs. Noll moved the adoption of proposed Resolution R00-200 which
reads:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A
LEASE AGREEMENT WITH GRAFTON II ASSOCIATES, A VIRGINIA GENERAL
PARTNERSHIP AND HARVEY LINDSAY COMMERCIAL REAL ESTATE, AGENT, FOR
RENTAL SPACE AT WASHINGTON SQUARE SHOPPING CENTER FOR THE SENIOR
CENTER OF YORK
WHEREAS, the York County Board of Supervisors has a long standing
commitment to services which benefit the elderly citizens of York
County; and
WHEREAS, the County currently operates the Senior Center of York
in 3,100 square feet of rented space at Washington Square Shopping,
which has become far too small for the daily program needs of the
Center; and
WHEREAS, the owners and agents of Washington Square Shopping
Center have offered a lease agreement for Units 17, 18, and 19
containing approximately six thousand three hundred and sixty-seven
(6,367) square feet of gross floor area for the Senior Center of York
for an annual rent of $65,771.11; and
WHEREAS, this space will accommodate the needs of the Center and
will do so with a reasonable level of renovation and the funds for both
the rental payments and for the renovations are available in the current
budget; and
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 5th day of December, 2000, that the County
Administrator be, and he is hereby, authorized to execute a lease
agreement with Grafton II Associates, a Virginia General Partnership and
Harvey Lindsay Commercial Real Estate, agent for the owner,
substantially in the form as submitted to the Board by the County
Administrator, for the operation of the Senior Center of York for the
term February 1, 2001 January 31, 2006, in approximately six thousand
three hundred and sixty-seven (6,367) square feet identified as Units
17, 18, and 19 of Washington Square Shopping Center, for rent in the
amount of $65,7071.11 annually and subject to the other terms and
conditions of the lease and subject to approval by the County Attorney.
BE IT FURTHER RESOLVED that this lease agreement is subject to
continuing annual appropriations by the York County Board of
Supervisors.
On roll call the vote was:
Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)
CLOSED MEETING. At 9:28 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)(3) pertaining to the acquisition of
public property; and Section 2.1-344(a)(7) pertaining to consultation
with legal counsel.
On roll call the vote was:
Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)
Mrs. Noll left the meeting at 10:50 p.m.
Meeting Reconvened. At 11:03 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 5th day of December, 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) Rapp, Wiggins, Burgett, Zaremba
Nay: (0)
APPOINTMENT TO THE EMPLOYEE GRIEVANCE PANEL
Mr. Burgett moved the adoption of proposed Resolution R00-199(R)
which reads:
A RESOLUTION TO APPOINT A MEMBER TO THE EMPLOYEE GRIEVANCE PANEL
WHEREAS, James W. Thornton's term on the Employee Grievance Panel
expired on September 30, 2000; and
WHEREAS, James W. Thornton is eligible for reappointment and has
expressed a desire to continue to serve on the Employee Grievance Panel;
and
WHEREAS, the Board has reviewed and considered Mr. Thornton's
application as well as the applications of other citizens interested in
serving in this capacity;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 5th day of December, 2000, that it does hereby
reappoint James W. Thornton to the Employee Grievance Panel.
On roll call the vote was:
Yea: (4) Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
APPOINTMENT TO THE YORK COUNTY LIBRARY BOARD
Chairman Zaremba moved the adoption of proposed Resolution R00-163
which reads:
A RESOLUTION TO APPOINT A REPRESENTATIVE TO THE YORK COUNTY
LIBRARY BOARD
BE IT RESOLVED by the York County Board of Supervisors this 5th
day of December, 2000, that Elizabeth C. Rogers be, and is hereby,
appointed as a representative to the York County Library Board for a
term of four years, such term to begin January 1, 2001, and end December
31, 2004.
On roll call the vote was:
Yea: (4) Burgett, Rapp, Wiggins, Zaremba
Nay: (0)
Meeting Adjourned. At 11:05 p.m. Chairman Zaremba declared
the meeting adjourned sine die.
_____________________________
_______________________________
Daniel M. Stuck,
Clerk
Walter C. Zaremba, Chairman
York County Board of
Supervisors
York County Board of Supervisors
Back to Index
|
