York County, Virginia
Board of Supervisors'
Meeting Minutes

Regular Meeting
December 19, 2000
7:00 p.m.

Meeting Convened.  A Regular Meeting of the York County Board of Supervisors was called to order at 7:05, Tuesday, December 19, 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.  Reverend James Hundley of Providence United Method Church gave the invocation.

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

Chairman Zaremba stated the Board had received notice from the County Administrator, Mr. Daniel Stuck, announcing his resignation from that position effective January 15, 2001. He stated that the Board would discuss who would be named as County Administrator in the interim, and he hoped to announce it at the regular meeting on January 16, 2001. He then wished Mr. Stuck continued success and thanked him for his fifteen years of service to the County.

HIGHWAY MATTERS

Mr. Quintin Elliott, Resident Engineer, Virginia Department of Transportation, (VDOT) appeared to discuss highway matters of interest to the Board of Supervisors. He reported that the paving work on Route 17 near the intersection of Route 134 would continue through the winter, and completion of the project depended on the weather.

Chairman Zaremba read an email letter he received from a member of the Transportation Safety Commission requesting temporary help from VDOT with turn lanes for the various areas under construction on Route 17.

Miss Rapp suggested the areas of construction on Route 17 be coordinated simultaneously to allow for a smoother flow of traffic. She reported a traffic sign was down at Massie Lane and Calthrop Neck Road, and stated a ditch under the Route 134 overpass was responsible for flooding problems in that area.

Mr. Elliott explained that costs were a factor in having the contractor coordinate all construction simultaneously, but he stated he would look into it.

Mr. Wiggins expressed his concerns over the lack of speed limit signs in Victory Industrial Park and asked that center stripes be painted on the roads in the park. He mentioned that Seaford Road to Back Creek Road previously had a dotted line that would allow passing. He stated it now had a solid line which did not allow passing, and he asked Mr. Elliott to look into the reason for the change.

Mr. Elliott stated he would look into the speed limit signs and the striping of the roads. He explained that VDOT doesn't normally stripe roads of the type in Victory Industrial Park since they then tend to attract more cut-throughs and cause more traffic. He explained that the safety of cars passing was always a concern for VDOT which may be why some roads have been marked with a solid line.

Mr. Wiggins suggested an additional double turning lane be added to the intersection of Route 17 and Denbigh Boulevard traveling from Newport News. He also suggested the timing of the light at Wolftrap Road and Route 17 was too long, and he asked that it be adjusted.

Mr. Burgett reported receiving calls from citizens about the stones left on the newly paved areas of Route 17, and he encouraged VDOT to make sure the contractors cleaned up those areas. He suggested VDOT make the citizens more aware of construction on the roadways by placing notices on the County's information channel.

Mrs. Noll wished Mr. Elliott a wonderful holiday season and thanked him for his past cooperation.

PRESENTATIONS

THOMAS NELSON COMMUNITY COLLEGE BOARD

Mr. Bill Monroe, York County representative on the Thomas Nelson Community College Board, made a video presentation regarding activities at the college which included interviews with the president, staff, and students. The presentation included services offered through the use of the new facilities and shared some history of the school.

DARE MARINA EXPANSION

Mr. Mark Carter, Assistant to the County Administrator, reviewed the current status of the site plan application for the Dare Marina. He stated the review of the site plan had been completed, and comments had been forwarded to the prospective developers and operators. He stated staff was still awaiting re-submission of the site plan that will respond to and address the comments. He stated that staff would be in a position to advise the Board when the site plan came back in.

CITIZENS COMMENT PERIOD

Mr. Melvin Gendron, 823 Railway Road, addressed the Board regarding the Dare Marina. He spoke against the restaurant and the traffic it would generate. He asked Mr. Carter to see that the buffers were in place before construction began if the site plan received approval.

Mr. Kerry Nunn, 801 Railway Road, voiced his concerns about the proposed Dare Marina restaurant. He stated the restaurant had the potential for 450 vehicles daily during lunch and dinner that would travel down a small roadway. He spoke of the need for buffers and displayed pictures of the marina.

COUNTY ATTORNEY REPORTS AND REQUESTS

Mr. Barnett spoke regarding Item No. 18 on the agenda which was the agreement with the Yorktown Trustees. He stated the Trustees did not approve of the agreement and have suggested a meeting.

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

Mr. Stuck presented a chart on sewer extension accomplishments and explained that this meeting marked the tenth anniversary of the Board's adoption of the sewer extension program. He summarized the program and stated approximately 1,500 homes had been hooked up to sewer over the past ten years. He reported on the Board's major actions throughout the last twelve months that included 48 Board meetings. He reported on the preliminary results of the citizen's survey which indicated increased positive results. He stated he would be on vacation during the holiday season and reminded the Board of the upcoming organizational meeting on January 4, 2001.

Meeting Recessed.  At 8:04 p.m. Chairman Zaremba declared a short recess.

Meeting Reconvened.  At 8:10 p.m. the meeting was reconvened in open session by order of the Chair.

PUBLIC HEARINGS

SIX-YEAR SECONDARY ROAD IMPROVEMENT PROGRAM.

Mr. Timothy Cross, Acting Chief Planner, made a presentation on proposed Resolution R00-203 to approve a project priority listing for secondary road construction for the six-year period FY2001-2002 through FY2006-2007 and approve a construction budget for FY2001-2002. The Transportation Safety Commission and the Planning Commission considered the application and forwarded it to the Board of Supervisors with a recommendation of approval. Staff also recommended approval of the program through the adoption of proposed Resolution R00-203.

Chairman Zaremba then called to order a public hearing on proposed Resolution R00-203 which was duly advertised as required by law and is entitled:

A RESOLUTION TO APPROVE A PROJECT PRIORITY LISTING FOR SECONDARY ROAD CONSTRUCTION FOR THE SIX-YEAR PERIOD FY2001-2002 THROUGH FY2006-2007 AND TO APPROVE A CONSTRUCTION BUDGET FOR FY 2001-2002

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

Mrs. Noll urged fellow Board members to support the Dirt Street Program addition (Russell Lane) and stated that some roads such as Russell Lane had been waiting 20 years for paving.

Mr. Wiggins asked if the roads were listed in order of priority.

Mr. Cross explained the list was basically in order of priority; however, VDOT tried to keep all the projects moving toward completion.

Discussion followed concerning the priority of the roads.

Ms. Noll then moved the adoption of proposed Resolution R00-203 which reads:

A RESOLUTION TO APPROVE A PROJECT PRIORITY LISTING FOR SECONDARY ROAD CONSTRUCTION FOR THE SIX-YEAR PERIOD FY2001-2002 THROUGH FY2006-2007 AND TO APPROVE A CONSTRUCTION BUDGET FOR FY 2001-2002

WHEREAS, the York County Board of Supervisors has been requested to give consideration and provide advice on a proposed program of secondary road improvements contained in the six-year plan; and

WHEREAS, the Resident Engineer of the Virginia Department of Transportation has provided a recommended program which the Board has carefully considered; and

WHEREAS, the York County Planning Commission has specifically reviewed the proposed projects with respect to their conformance with the York County Comprehensive Plan; and

WHEREAS, the Board and the Virginia Department of Transportation have jointly conducted a duly advertised public hearing and received public comment in accordance with applicable procedure; and

WHEREAS the Board has carefully considered the public comments and staff recommendation with respect to this proposal;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 19th day of December, 2000, that the Board does hereby adopt the following project priority listing, as set forth in the "Secondary System Construction Program" prepared by the Virginia Department of Transportation, modified to delete Newman Road, for the Six-Year Secondary Road Plan during the six-year period of FY2001-2002 through FY-2006-2007:

1. Lakeside Drive - intersection improvements between Beechwood Drive and Dare Road

2. Dare Road - install a left turn lane along westbound lane at Constitution Drive

3. Big Bethel Road - intersection improvements at Route 134 and Route 171

4. Fort Eustis Boulevard Extension - construct a new road on a new location between the current terminus at Patriot Square Shopping Center and Goodwin Neck Road at its intersection with Seaford Road

5. Penniman Road - reconstruct and pave from Alexander Lee Parkway to Fillmore Drive

6. Carys Chapel Road - construct intersection improvement at Victory Boulevard

7. Grafton Drive/Burts Road - realign Grafton Drive/Route 17 intersection and reconstruct to approximately 0.2 mile north of Route 17

8. Burts Road - realign and connect with Grafton Drive intersection and reconstruct to approximately 0.3 mile south of Route 17

9. Yorkville Road - improve curve

10. Yorktown Road - reconstruct from Tabb Lane to Big Bethel Road

11. Seaford Road - widen between Goodwin Neck Road and Seaford Elementary School

12. Allens Mill Road - drainage and spot safety improvements

13. Burts Road - reconstruct from 0.3 mile south of Route 17 to Oriana Road

14. Waller Mill Rail Trail - provide 20% local match for Enhancements Program for construction of a multi-use path parallel to Airport Road

15. Cook Road - provide 20% local match for CMAQ-funded project to construct bicycle lanes between the northern intersection of Surrender Road and Moore House Road

16. Russell Lane - pave 1,060-foot road through the Dirt Street Improvement Program

On roll call the vote was:

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

CLAXTON CREEK SEWER PROJECT

Mr. Barnett made a presentation on proposed Resolution R00-196 to declare the necessity to enter upon and take certain easements in connection with the Claxton Creek sewer project. He stated a signed deed had been received from David and Michelle Snell and that Resolution R00-196 could be amended to reflect that revision.

Chairman Zaremba then called to order a public hearing on proposed Resolution R00-196(R) which was duly advertised as required by law and is entitled:

A RESOLUTION DECLARING THE NECESSITY TO ENTER UPON AND TAKE CERTAIN EASEMENTS IN CONNECTION WITH THE CLAXTON CREEK SEWER PROJECT

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 proposed Resolution R00-196(R) which reads:

A RESOLUTION DECLARING THE NECESSITY TO ENTER UPON AND TAKE CERTAIN EASEMENTS IN CONNECTION WITH THE CLAXTON CREEK SEWER PROJECT

WHEREAS, it is necessary to obtain certain easements in connection with the Claxton Creek sewer project; and

WHEREAS, for various reasons the County is not able to obtain from the owners of such property clear title to the interests in real estate necessary, or no agreement has been reached as to the consideration to be paid for the said interests; and

WHEREAS, plats of the interests in real property to be acquired have been prepared by Rickmond Engineering, Inc. and Mitchell-Wilson Associates, P.C. and appraisals of such interests have been prepared; and

WHEREAS, § 15.2-1905 E, Code of Virginia, authorizes the Board to adopt a resolution following a public hearing on the matter declaring its intent to enter and take specified properties, rights-of-way or easements for such purposes as constructing, installing, expanding, maintaining, or repairing pipelines, meter boxes, pumps, or any other appurtenances to a sewerage disposal and water system.

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 19th day of December, 2000, that the Board finds that it is necessary for the protection and preservation of the public health, safety and welfare, and for the timely completion of the Claxton Creek sewer project, for the County, its officers, employees and agents to enter upon and take the interests in real property described below prior to the initiation of condemnation proceedings.

BE IT FURTHER RESOLVED that the interests to be taken, and the compensation and damages, if any, offered by the County for each are the following, which interests are more particularly described on the plats attached to the Report of the County Attorney dated November 14, 2000, and incorporated herein by this reference:

Tax Parcel 025J-3-J "Plat Showing 10' x 20' Utility Easement to be Conveyed to County of York, Virginia, from Robert L. Biggers," as shown on the referenced plat dated March 16, 2000, prepared by Rickmond Engineering, Inc., and designated as "10' x 20' Utility Easement Hereby Conveyed to County of York, Virginia, 200 sq. ft." Value offered to Owner: $153.00.

Tax Parcel 25A-1-E
"Plat of Easement Conveyance from Bryant S. Byrd to County of York, Virginia, Located: Grafton Magisterial District, York County, Virginia," as shown on the referenced plat dated February 2, 2000, prepared by Mitchell-Wilson Associates, P.C., and designated as a "10' x 20' Utility Easement, Area = 200.00 or 0.01 Ac." Value offered to Owner: $215.00.

Tax Parcel 25-33 "Plat of Easement Conveyance from Waverly V. & Ruth A. Dryden to County of York, Virginia, Located: Grafton Magisterial District, York County, Virginia," as shown on the referenced plat dated April 21, 2000, prepared by Mitchell-Wilson Associates, P.C., and designated as a "10' x 20' Utility Easement, Area = 199.85 S.F. or 0.01 Ac." Value offered to Owner: $60.00.

Tax Parcel 25-65
"Plat Showing 15' Utility Easement to be Conveyed to County of York, Virginia, from Barbara C. Higginbotham," as shown on the referenced plat dated March 16, 2000, revised April 7, 2000, prepared by Rickmond Engineering, Inc., and designated as a "15" Utility Easement Hereby Conveyed to County of York, Virginia, 1,020 sq. ft." Value offered to Owner: $2,831.00.

Tax Parcel 25J-1-1
"Plat of Easement Conveyance From W. A. Lockley Estate, c/o Charles Lockley, to County of York, Virginia, being Lot 1, W. A. Lockley Estate Subdivision, Located: Grafton Magisterial District, York County, Virginia," as shown on the referenced plat dated February 29, 2000, prepared by Mitchell-Wilson Associates, P.C., and designated as a "10' x 20' Utility Easement, Area = 199.87 S.F. or 0.01 Ac." Value offered to Owner: $128.00.

Tax Parcel 25-98A "Plat of Easement Conveyance From Dalton & Frances H. McLawhorn to County of York, Virginia, Located: Grafton Magisterial District, York County, Virginia," as shown on the referenced plat dated February 2, 2000, prepared by Mitchell-Wilson Associates, P.C., and designated as a "10' x 20' Utility Easement Area = 200.00 S.F. or 0.01 Ac." Value offered to Owner: $134.00.

Tax Parcel 25J-3-H
"Plat Showing 10' x 20' Utility Easement to be Conveyed to County of York, Virginia, from Kenneth R. Pritchard," as shown on the referenced plat dated March 16, 2000, prepared by Rickmond Engineering, Inc., and designated as a "10' x 20' Utility Easement Hereby Conveyed to County of York, Virginia, 200 sq. ft." Value offered to Owner: $153.00.

Tax Parcel 25-40
"Plat Showing 10' x 10' Utility Easement to be Conveyed to County of York, Virginia, from Donald Ray Shields," as shown on the referenced plat dated March 16, 2000, revised July 6, 2000, prepared by Rickmond Engineering, Inc. and designated as a "10' x 10' Utility Easement Hereby Conveyed to County of York, Virginia, 100 sq. ft." Value offered to Owner: $164.00.

Tax Parcel 25-100B "Plat Showing 10' x 20' Utility Easement to be Conveyed to County of York, Virginia, from John D. Wydur, et ux," as shown on the referenced plat dated March 15, 2000, revised May 5, 2000, prepared by Rickmond Engineering, Inc., and designated as a "20' x 20' Utility Easement Hereby Conveyed to County of York, Virginia." Value offered to Owner: $336.00.

BE IT STILL FURTHER RESOLVED that the Chairman of the Board of Supervisors, the County Treasurer and the County Attorney are hereby authorized and directed, for and on behalf of the County, to execute certificates to be recorded in the Office of the Clerk of the Circuit Court for York County, certifying the amounts set forth above as the fair value, and damages if any, of the interests to be taken, will be paid the owners in accordance with the provisions of State law and upon order of the Court.

BE IT STILL FURTHER RESOLVED that the County Attorney be, and he is hereby, authorized, if necessary and appropriate, at any time following the date of this Resolution, to institute condemnation proceedings in the name of the Board of Supervisors to acquire title to the interests in the property described above, including, if necessary, any other easements or restrictions that may affect the easements sought to be acquired, and to do all things necessary as a prerequisite thereto.

On roll call the vote was:

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

LOCAL LAW ENFORCEMENT BLOCK GRANT

Mr. Stuck made a presentation on proposed Resolution R00-208 to authorize acceptance and appropriation of a grant award by the Bureau of Justice Assistance for the purchase of software enhancements to the Sheriff's Office criminal records management system and for the support of other law enforcement operations.

Chairman Zaremba then called to order a public hearing on proposed Resolution R00-208 which was duly advertised as required by law and is entitled:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ACCEPT AND APPROPRIATE A GRANT AWARD TO YORK COUNTY BY THE BUREAU OF JUSTICE ASSISTANCE FOR THE PURCHASE OF SOFTWARE ENHANCEMENTS TO THE SHERIFF'S OFFICE CRIMINAL RECORDS MANAGEMENT SYSTEM AND ADDITIONAL COMPUTER HARDWARE AND OTHER LAW ENFORCEMENT EQUIPMENT TO SUPPORT OPERATIONS

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

Mr. Burgett then moved the adoption of proposed Resolution R00-208 which reads:

A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ACCEPT AND APPROPRIATE A GRANT AWARD TO YORK COUNTY BY THE BUREAU OF JUSTICE ASSISTANCE FOR THE PURCHASE OF SOFTWARE ENHANCEMENTS TO THE SHERIFF'S OFFICE CRIMINAL RECORDS MANAGEMENT SYSTEM AND ADDITIONAL COMPUTER HARDWARE AND OTHER LAW ENFORCEMENT EQUIPMENT TO SUPPORT OPERATIONS

WHEREAS, the Bureau of Justice Assistance has awarded York County a grant in the amount of $34,376 including $30,938 in federal funds and a 10% local match of $3,438 under the Local Law Enforcement Block Grant Program; and

WHEREAS, funding exists in the Sheriff's current operating budget to provide the required 10% match of $3,438; and

WHEREAS, the grant will be used to purchase software enhancements to its criminal records management system and additional computer hardware and other law enforcement equipment to support Sheriff's Office operations;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 19th day of December, 2000, that the County Administrator be, and hereby is, authorized to accept the grant awarded by the Bureau of Justice Assistance.

BE IT FURTHER RESOLVED that an additional $30,938 be, and hereby is, appropriated in the General Fund for the purchase of software enhancements to the Sheriff's Office criminal records management system and additional computer hardware and other law enforcement equipment.

On roll call the vote was:

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

TRANSPORTATION ENHANCEMENT PROGRAM APPLICATIONS

Mr. Kraus made a presentation on proposed Resolutions R00-209 and R00-212 to request the Commonwealth Transportation Board to approve funding through the Virginia Transportation Enhancement Program for construction of certain improvements to the Yorktown Waterfront. Proposed Resolution R00-209 endorses the $1.5 million dollar application for the Yorktown Wharf Area, and proposed Resolution R00-212 endorses the $1 million application for the Yorktown Historic Beach Trail. Staff recommends adoption of both resolutions.

Chairman Zaremba then called to order a public hearing on proposed Resolutions R00-209 and R00-212 which were duly advertised as required by law and are entitled:

Proposed Resolution R00-209:

A RESOLUTION TO REQUEST THE COMMONWEALTH TRANSPORTATION BOARD TO APPROVE FUNDING THROUGH THE VIRGINIA TRANSPORTATION ENHANCEMENT PROGRAM FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS TO THE YORKTOWN WATERFRONT TO BE KNOWN AS THE YORKTOWN WHARF AND WATERFRONT INTERPRETIVE AREA

Proposed Resolution R00-212:

A RESOLUTION TO REQUEST THE COMMONWEALTH TRANSPORTATION BOARD TO APPROVE FUNDING THROUGH THE VIRGINIA TRANSPORTATION ENHANCEMENT PROGRAM FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS TO THE YORKTOWN WATERFRONT TO BE KNOWN AS THE YORKTOWN HISTORIC BEACH TRAIL

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

Mrs. Noll then moved the adoption of proposed Resolution R00-209 which reads:

A RESOLUTION TO REQUEST THE COMMONWEALTH TRANSPORTATION BOARD TO APPROVE FUNDING THROUGH THE VIRGINIA TRANSPORTATION ENHANCEMENT PROGRAM FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS TO THE YORKTOWN WATERFRONT TO BE KNOWN AS THE YORKTOWN WHARF AND WATERFRONT INTERPRETIVE AREA

WHEREAS, the Yorktown Master Plan, adopted on March 4, 1993, subsequent to public hearing, proposes various improvements along the Yorktown waterfront including the reconstruction of the wharf, the adaptation of the former warehouse/ferry building to a public use, and the establishment of an open-air public plaza; and

WHEREAS, these proposals were reaffirmed and refined during a community planning workshop conducted in July 1998 and are widely supported as important and integral elements of the Yorktown improvement effort that has been underway since 1988; and

WHEREAS, the York County Board of Supervisors desires to make application under the Virginia Transportation Enhancement Program for funding to assist in the completion of this project; and

WHEREAS, the Board is appreciative of the partial funding approved in 1999 for this project and wishes to have consideration given to an additional funding allocation of $1,500,000 for the project; and

WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request, by resolution, be received from the Board of Supervisors in order for the Virginia Department of Transportation to provide funding for a Transportation Enhancement Program project in York County; and

WHEREAS, the York County Board of Supervisors has conducted a duly advertised public hearing on this request;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 19th day of December, 2000, that it hereby requests the Commonwealth Transportation Board to approve supplementary funding in the amount of $1,500,000 for the Transportation Enhancement Program project for the Yorktown Wharf and Waterfront Interpretive Area improvements.

BE IT FURTHER RESOLVED, that the York County Board of Supervisors hereby agrees to pay at least 20 percent of the total cost for planning, design, right-of-way, and construction of this project, and that, if York County subsequently elects to cancel the project, the Board hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation.

On roll call the vote was:

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

Mrs. Noll then moved the adoption of proposed Resolution R00-212 which reads:

A RESOLUTION TO REQUEST THE COMMONWEALTH TRANSPORTATION BOARD TO APPROVE FUNDING THROUGH THE VIRGINIA TRANSPORTATION ENHANCEMENT PROGRAM FOR CONSTRUCTION OF CERTAIN IMPROVEMENTS TO THE YORKTOWN WATERFRONT TO BE KNOWN AS THE YORKTOWN HISTORIC BEACH TRAIL

WHEREAS, the Yorktown Master Plan, adopted on March 4, 1993, subsequent to public hearing, proposes various improvements along the Yorktown waterfront including the reconstruction of a riverwalk along the York River; and

WHEREAS, the riverwalk concept was reaffirmed and refined during a community planning workshop conducted in July 1998 and are widely supported as important and integral elements of the Yorktown improvement effort that has been underway since 1988; and

WHEREAS, The riverwalk concept can be greatly enhanced by construction a connection referred to as the Historic Yorktown Beach Trail; and

WHEREAS, the York County Board of Supervisors desires to make application under the Virginia Transportation Enhancement Program for funding to assist in the completion of Historic Yorktown Beach Trail; and

WHEREAS, in accordance with Commonwealth Transportation Board construction allocation procedures, it is necessary that a request, by resolution, be received from the Board of Supervisors in order for the Virginia Department of Transportation to provide funding for a Transportation Enhancement Program project in York County; and

WHEREAS, the York County Board of Supervisors has conducted a duly advertised public hearing on this request;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 19th day of December, 2000, that it hereby requests the Commonwealth Transportation Board to approve supplementary funding in the amount of $1,000,000 for the Transportation Enhancement Program project for the Yorktown Historic Beach Trail.

BE IT FURTHER RESOLVED, that the York County Board of Supervisors hereby agrees to pay at least 20 percent of the total cost for planning, design, right-of-way, and construction of this project, and that, if York County subsequently elects to cancel the project, the Board hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation.

On roll call the vote was:

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

APPLICATION NO. ZT-53-00, YORK COUNTY BOARD OF SUPERVISORS

Mr. Cross made a presentation on proposed Application No. ZT-53-00 to amend the York County Code to prohibit certain uses in the Limited Industrial zoning district. The Planning Commission considered the application and forwarded it to the Board of Supervisors with a recommendation of approval, and staff recommended approval of the application through the adoption of proposed Ordinance No. 00-22.

Chairman Zaremba then called to order a public hearing on Application No. ZT-53-00 which was duly advertised as required by law and is entitled:

AN ORDINANCE TO AMEND THE YORK COUNTY CODE, CHAPTER 24.1, ZONING, SECTION 24.1-306, TO PROHIBIT CERTAIN USES IN THE LIMITED INDUSTRIAL ZONING DISTRICT

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

Miss Rapp then moved the adoption of proposed Ordinance 00-22 which reads:

AN ORDINANCE TO AMEND THE YORK COUNTY CODE, CHAPTER 24.1, ZONING, SECTION 24.1-306, TO PROHIBIT CERTAIN USES IN THE LIMITED INDUSTRIAL ZONING DISTRICT

WHEREAS, at its meeting on September 19, 2000, the York County Board of Supervisors sponsored Application No. ZT-53-00 to amend the York County Zoning Ordinance to prohibit certain uses in the Limited Industrial (IL) zoning district; and

WHEREAS, said application has been referred to the York County Planning Commission in accordance with applicable procedure; and

WHEREAS, the Planning Commission recommends approval of this application; and

WHEREAS, the Board of Supervisors has conducted a duly advertised public hearing on this application; and

WHEREAS, the Board has carefully considered 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 the 19th day of December, 2000, that Application No. ZT-53-00 be, and it hereby is, approved to amend Chapter 24.1, Zoning, of the York County Code, Section 24.1-306 (Category 4-Community Uses, Category 5-Educational Uses, Category 10-Commercial/Retail, Category 11-Business/Professional Service, and Category 15-Limited Industrial Activities) to read and provide as follows:

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