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Regular Meeting
February 20, 2001
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board
of Supervisors was called to order at 7:02 p.m., Tuesday, February 20,
2001, in the Board Room, York Hall, by Chairman James S. Burgett.
Attendance. The following members of the Board of
Supervisors were present: Walter C. Zaremba, Sheila S. Noll, Donald E.
Wiggins, and James S. Burgett.
Mr. Ashe was absent.
Also in attendance were James O. McReynolds, County Administrator;
and James E. Barnett, County Attorney.
Invocation. Dr. Solomon M. Wesley, St. John Baptist Church,
gave the invocation.
Pledge of Allegiance to the Flag of the United States of
America. Chairman Burgett led the Pledge of Allegiance.
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 stated he had no new information to
report but offered to answer the Board's questions.
Mrs. Noll asked about the status of her email request regarding
signage in the Kiln Creek area.
Mr. Elliott stated he had assigned that inquiry to another resident and
would check on its status.
Mr. Zaremba asked when the new flyover on I-64 near the Busch
Gardens entrance would be completed.
Mr. Elliott explained that because of bankruptcy problems with
suppliers and contractors, the completion of the project had been
delayed.
Mr. Wiggins mentioned the areas of Wolf Trap, Goodwin Neck, and
Hornsbyville Roads where pipe has been placed along the roads limiting
the road access, and he asked Mr. Elliott to look into the matter.
Mr. Burgett stated he was pleased with the paving schedule, and he
asked to have Yorkshire Drive placed on the next schedule.
PRESENTATIONS
EMPLOYEE RECOGNITION PROGRAM
Chairman Burgett, along with Mr. Tom Ashe from the Department of
General Services, congratulated Mr. Scott Laney for having attained 20
years of service with the County. Mr. Laney was then presented with a
20-year service pin and certificate.
CITIZEN OPINION SURVEY
Ms. Jeannine Perry, representative of Continental Research
Associates, Inc., appeared to present the results of the latest
citizen's opinion survey. She explained how the results were obtained
and displayed the percentages of citizens' satisfaction which indicated
that the survey indicated very favorable results. The results from the
year 2000 survey were significantly improved over the 1998 survey in
several ways. Items that had improved significantly were:
The public library's building and facilities
The appearance of County government office buildings and their
properties
The materials available in the library and their programs
York County's law enforcement services
The courtesy and helpfulness of County employees
The convenience of obtaining most County services
The adult recreation programs or leagues
The value received for the tax dollar in York County
The enforcement of codes relating to high grass and weeds
The enforcement of codes relating to junk vehicles and junkyards
The appearance of major County roads
Ms. Perry indicated there were no significant declines in the year
2000, which further affirmed that York County was providing good value
to its taxpayers and that resident satisfaction continued to be a high
priority for the County.
DRAINAGE COMMITTEE
Mr. Donald Wiggins, Chairman of the Drainage Committee, introduced
Ms. Beth Lale to report on the committee's findings.
Ms. Lale reported she had spoken with homeowners in several
subdivisions in the County and felt that lack of maintenance was one of
the causes of drainage problems. She suggested having ditches and
culverts cleaned out to eliminate some of the drainage problems. She
also suggested the County work with developers to insure that future
developments have adequate drainage.
Mr. Brian Woodward, Chief of Utilities/Stormwater, made a visual
presentation of the results of the Drainage Committee's findings and
their recommendations. He indicated the committee had monthly meetings
that commenced in June of last year to discuss the problems and issues
and to set priorities on the areas needing maintenance. The committee
discussed the rating criteria established by the Board of Supervisors,
funding for the needed projects, the County's current maintenance
program, easements, and design standards. The Drainage Committee found
that the criteria established by the Board was fair and reasonable and
recommended no changes. Mr. Woodward then reviewed the following
projects identified by the committee:
Moores Creek Outfall
Homestead BMP-Big Bethel Road
Tabb Lakes
Edgehill East Outfall
Edgehill (Northeast Section)
Cook Road/Falcon Road Area
Rich Acres/2827 Route 17
Foxwood/Darby Firby Road
Brandywine
Kiln Creek (Lake 8 Area)
Kiln Creek-Hollingsworth Court
Coventry-Tui Place
Ella Taylor-(Lee's Village)
Greensprings Waller Mill Area
Mt. Vernon School
Terrebonne
The committee proposed the following funding sources for the
drainage projects:
General Fund $100K/Year
Meals Tax $290K/Year
Based on current funding and resources, the projected schedule for
the projects would cover a 10-year period. The committee recommended
additional funding be provided to support a three-year schedule Mr.
Woodward then discussed a maintenance program and indicated the
committee recommended a 12-month program. It also recommended that the
same procedure utilized for the acquisition of sanitary sewer easements
be used for needed drainage easements. He discussed the design standards
and noted the committee recommended that the staff continue to draft
more stringent design requirements for the Board to consider.
HEALTH BENEFITS FOR RETIREES
Mr. Earl Joyner, Department of Fire and Life Safety, gave a
presentation on the merits of offering health care benefits to employees
after retirement. He made comparisons with several local jurisdictions
as to what they offer to retired employees. He urged the Board to form a
committee to study the advantages of offering benefits to its retirees,
and asked that those recommendations be considered for the FY2003
budget.
By consensus the Board agreed to form a committee to study the
merits of medical benefits offered to the retirees.
CITIZENS COMMENT PERIOD
Mr. Junior Coxton, 409 Old Wormley Creek Road, spoke in favor of
health care benefits offered to the County's retirees and urged the
Board to offer some type of packaged health care benefits to its
retirees.
J. D. Diggs, Sheriff of York County, read a letter from Delegate
Jo Ann Davis in support of the County's employees being offered a
benefit package upon retirement. Ms. Davis' letter suggested that those
benefits would keep the County competitive with the surrounding
localities.
Meeting Recessed. At 7:55 p.m. Chairman Burgett declared a short
recess.
Meeting Reconvened. At 8:04 p.m. the meeting was reconvened
in open session by the Chair.
PUBLIC HEARINGS
VACATION OF WATERLINE EASEMENT
Mr. James Barnett, County Attorney, made a presentation on
proposed Resolution R01-25 to authorize the execution of an instrument
vacating a County waterline easement across property owned by James York
Plaza, L.L.C.
Chairman Burgett called to order a public hearing on proposed
Resolution R01-25 which was duly advertised as required by law and is
entitled:
A RESOLUTION TO AUTHORIZE EXECUTION OF AN INSTRUMENT VACATING A
COUNTY WATERLINE EASEMENT ACROSS PROPERTY OWNED BY JAMES YORK PLAZA,
L.L.C.
There being no one present who wished to speak concerning the
subject application, Chairman Burgett closed the public hearing.
Mrs. Noll then moved the adoption of proposed Resolution R01-25
which reads:
A RESOLUTION TO AUTHORIZE EXECUTION OF AN INSTRUMENT VACATING A
COUNTY WATERLINE EASEMENT ACROSS PROPERTY OWNED BY JAMES YORK PLAZA,
L.L.C.
WHEREAS, by deed dated June 5, 1967, recorded in the Clerk's
Office of the Circuit Court for the County of York, Virginia, in Deed
Book 204, page 874, the York County Board of Supervisors was granted a
10' waterline easement across property now owned by James York Plaza,
L.L.C. and designated as Parcel A, as shown on a plat entitled
"Plat of Easement Vacation to: James-York Plaza, L.L.C., a Virginia
limited liability company, From: County of York, Virginia, Project:
Mini-Storage Buildings, Bruton District - County of York,
Virginia," dated December 12, 2000, made by The Sirine Group, Ltd.,
which plat is attached to the County Attorney's report to the Board
dated February 2, 2001; and
WHEREAS, James York Plaza, L.L.C., the owner of the subject
property, has requested that the easement be vacated as shown on the
plat.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 20th day of February, 2001, that the County
Administrator be, and is hereby authorized, for and on behalf of the
Board, to execute an instrument vacating the said 10' waterline easement
as described therein, such instrument to be approved as to form by the
County Attorney.
On roll call the vote was:
Yea: (4) Zaremba, Noll, Wiggins, Burgett
Nay: (0)
APPLICATION NO. UP-565-01, MILES C. AND MAE H. BURCHER
Mr. Tim Cross, Senior Planner, gave a presentation on Application
UP-565-01 to approve a use permit authorizing a 760-square-foot
accessory apartment in conjunction with a single-family detached
dwelling located at 600 Patricks Creek Road. 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 R01-21.
Chairman Burgett called to order a public hearing on proposed
Resolution R01-21 which was duly advertised as required by law and is
entitled:
A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE AN
ACCESSORY APARTMENT IN CONJUNCTION WITH A SINGLE-FAMILY DETACHED
DWELLING AT 600 PATRICKS CREEK ROAD
There being no one present who wished to speak concerning the
subject application, Chairman Burgett closed the public hearing.
Mr. Zaremba voiced his concerns about the possibility of the
apartment being rented in the future.
Mr. Cross stated the conditions were such that the apartment could
not be rented separate from the house.
Mrs. Noll then moved the adoption of proposed Resolution R01-21
which reads:
A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE AN
ACCESSORY APARTMENT IN CONJUNCTION WITH A SINGLE-FAMILY DETACHED
DWELLING AT 600 PA-TRICKS CREEK ROAD
WHEREAS, Miles C. Burcher and Mae H. Burcher have submitted
Application No. UP-565-01 to request a special use permit, pursuant to
Section 24.1-407(c) of the York County Zoning Ordinance, to authorize an
accessory apartment in conjunction with a single-family detached
dwelling on property located at 600 Patricks Creek Road and further
identified as Assessor's Parcel No. 30-(9)-5; and
WHEREAS, said application has been referred to the York County
Planning Commission; 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 in accordance with
applicable procedure; and
WHEREAS, the Board of Supervisors has carefully considered 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 20th day of February, 2001, that Application No.
UP-565-01 be, and it is hereby, approved, subject to the following
conditions:
1. This use permit shall authorize an accessory apartment in
conjunction with a single-family detached dwelling on property located
at 600 Patricks Creek Road and further identified as Assessor's Parcel
No. 30-(9)-5.
2. Building plans in substantial conformance with the preliminary floor
plans and building renderings dated December 5, 2000, submitted by the
applicant shall be submitted to and approved by the York County
Department of Environmental and Development Services, Division of
Building Regulation, prior to the commencement of any construction
activities on the site.
3. Not more than one (1) accessory apartment shall be permitted in
conjunction with the principal dwelling unit.
4. The accessory apartment unit shall not contain in excess of 760
square feet.
5. The accessory apartment unit shall contain no more than one (1)
bedroom.
6. Adequate provisions shall be made for off-street parking of motor
vehicles in such a fashion as to be compatible with the character of the
single-family residence and adjacent properties.
7. The accessory apartment shall not be rented separate from the
principal dwelling and shall be occupied only by family members or
guests of the occupant of the single-family dwelling.
8. 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: (4) Noll, Wiggins, Zaremba, Burgett
Nay: (0)
APPLICATION NO. UP-566-01, KING'S CREEK PLANTATION, L.L.C.
Mr. Cross made a presentation on Application UP-566-01 to approve
a use permit authorizing the construction of a lodge-style structure
housing 90 two-bedroom timeshare units as part of a previously approved
1,100-unit timeshare development. 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 R01-22.
Chairman Burgett called to order a public hearing on proposed
Resolution R01-22 which was duly advertised as required by law and is
entitled:
A RESOLUTION TO APPROVE A MAJOR AMENDMENT TO AN EXISTING SPECIAL
USE TO PERMIT LODGE STYLE STRUCTURES AT THE KING'S CREEK PLANTATION
TIMESHARE RESORT
Mr. Billie Millner, attorney representing of the applicant,
appeared before the Board to answer any questions the Board might have.
He reiterated that the proposal was recommended by the Planning
Commission and staff, and he urged the Board to vote in favor of the
application.
Mr. Zaremba questioned the term "lodge-style" structure.
Mr. Kevin Jones, a representative of King's Creek Plantation,
stated King's Creek had changed its marketing strategies, and the
lodge-style description of the housing was used for marketing purposes.
There being no one else present who wished to speak concerning the
subject application, Chairman Burgett closed the public hearing.
Mr. Wiggins then moved the adoption of proposed Resolution R01-22
which reads:
A RESOLUTION TO APPROVE A MAJOR AMENDMENT TO AN EXISTING SPECIAL
USE TO PERMIT LODGE STYLE STRUCTURES AT THE KING'S CREEK PLANTATION
TIMESHARE RE-SORT
WHEREAS, King's Creek Plantation, L.L.C., has submitted
Application No. UP 566-01, which requests an amendment to an existing
special use permit pursuant to Section 24.1-115(d) of the York County
Zoning Ordinance, to authorize the construction of a "lodge
style" structure housing ninety (90), two (2)-bedroom timeshare
units as part of a previously approved 1,100 unit timeshare development
located along Route 199 across from its intersection with Penniman Road,
and further identified as Assessor's Parcel No.11-(22)-1A; and
WHEREAS, said application has been referred to the York County
Planning Commission; 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 in accordance with applicable
procedure; 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 RESOLVED by the York County Board of
Supervisors this the 20th day of February, 2001, that Application No.
UP-566-01 be, and it is hereby, approved to authorize the construction
of a "lodge style" structure housing ninety (90) two
(2)-bedroom timeshare units as part of a previously approved 1,100 unit
timeshare development, subject to the following conditions:
1. This use permit shall authorize the establishment of a
"lodge style" structure housing ninety (90), two (2)-bedroom
timeshare units at King's Creek Plantation timeshare resort located
along Route 199 across from its intersection with Penniman Road, and
further identified as Assessor's Parcel No.11-(22)-1A .
2. A site plan prepared in accordance with Article V of the York County
Zoning Ordinance shall be approved prior to obtaining permits for site
and building construction. Said site plan shall be in substantial
conformance with the conceptual plan entitled "King's Creek
Plantation Phase 1-SPE Conceptual Plan" and dated January 31, 2001.
3. The "lodge style" structure shall not exceed the height
limitations established in the Zoning Ordinance for the Economic
Opportunity district.
4. Nothing in this use permit shall be construed to permit an increase
in the number of the 1,100 timeshare units previously approved by the
Board of Supervisors.
5. The applicant shall be responsible for compliance with the
regulations in Section 24.1-115(b)(6) of the Zoning Ordinance that
pertain to the recordation of this resolution in the office of the Clerk
of the Circuit Court.
On roll call the vote was:
Yea: (4) Wiggins, Zaremba, Noll, Burgett
Nay: (0)
APPLICATION NO. UP-567-01, SHARON E. DIRMEYER, DVM
Mr. Cross made a presentation on Application UP-567-01 to consider
adoption of proposed Resolution R01-23 to approve a use permit
authorizing the establishment of a veterinary hospital without outside
runs on a 1.64-acre parcel located at 329 Hampton Highway. 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
R01-23.
Chairman Burgett called to order a public hearing on proposed
Resolution R01-23 which was duly advertised as required by law and is
entitled:
A RESOLUTION TO APPROVE AN APPLICATION FOR A SPECIAL USE PERMIT
TO AUTHORIZE A VETERINARY CLINIC WITHOUT OUTSIDE RUNS AT 329 HAMPTON
HIGHWAY
There being no one present who wished to speak concerning the
subject application, Chairman Burgett closed the public hearing.
Mr. Zaremba asked why no outside runs were included in the
hospital plan.
Ms. Sharon Dirmeyer, the applicant, explained that many veterinary
hospitals were now utilizing indoor runs or exercise areas which
eliminated the need for outdoor runs.
Mrs. Noll then moved the adoption of proposed Resolution R01-23
which reads:
A RESOLUTION TO APPROVE AN APPLICATION FOR A SPECIAL USE PERMIT
TO AUTHORIZE A VETERINARY CLINIC WITHOUT OUTSIDE RUNS AT 329 HAMPTON
HIGHWAY
WHEREAS, Sharon E. Dirmeyer, D.V.M., has submitted Application No.
UP-567-01, which requests a special use permit, pursuant to Section
24.1-306 [category 2, number 7(a)] of the York County Zoning Ordinance,
to establish a veterinary clinic without outside runs on a 1.64-acre
parcel located at 329 Hampton Highway approximately 1,100 feet north of
the inter-section of Hampton Highway (Route 134) and Victory Boulevard
(Route 171) and further identified as Assessor's Parcel No. 37-53; 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 the
application; and
WHEREAS, the 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 20th day of February, 2001, that Application No.
UP-567-01 be, and it hereby is, approved to authorize a special use
permit, pursuant to Section 24.1-306 [category 2, number 7(a)] of the
York County Zoning Ordinance, to establish a veterinary clinic without
outside runs on a 1.64-acre parcel located at 329 Hampton Highway
approximately 1,100 feet north of the intersection of Hampton Highway
(Route 134) and Victory Boulevard (Route 171) and further identified as
Assessor's Parcel No. 37-53, subject to the following conditions:
1. This special use permit shall authorize the establishment of a
veterinary clinic without outside runs on a 1.64-acre parcel located at
329 Hampton Highway approximately 1,100 feet north of the intersection
of Hampton Highway (Route 134) and Victory Boulevard (Route 171) and
further identified as Assessor's Parcel No. 37-53.
2. A site plan prepared in accordance with the provisions of
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 the
commencement of any land clearing or construction activity on the
subject parcel. Said site plan shall be in substantial conformance with
the sketch plan submitted by the applicant to the York County Planning
Division on November 29, 2000, supplemented by a letter submitted by the
applicant dated. November 29, 2000.
3. The project shall be designed to provide a single access from
Hampton Highway to serve all future development on the parcel.
Subsequent subdivision of the parcel shall not be reason to authorize
additional access points.
4. Freestanding signage shall be limited to a single
monument-style sign with a maximum area of thirty-two (32) square feet.
5. In accordance with the provisions of Section 24.1-245 of the
Zoning Ordinance, a thirty-five foot (35') greenbelt buffer shall be
preserved along the front property line of the subject parcel adjacent
to Hampton Highway. Said buffer shall be augmented with additional
plantings designed to achieve, at a minimum, the planting ratios for a
twenty-foot (20') front landscape yard along the front property boundary
adjacent to the Hampton Highway right-of-way.
6. The veterinary clinic shall be adequately soundproofed and
constructed so that there will be no emission of odor or noise
detrimental to other properties or uses in the area.
7. All animals shall be kept in pens or other enclosures designed
and maintained for secure confinement.
8. A waste management plan which ensures sanitary handling of
animal wastes and prevents contamination or pollution of adjacent lands
or water bodies shall be submitted to and approved by the Zoning
Administrator prior to establishment of the vet clinic.
On roll call the vote was:
Yea: (4) Zaremba, Noll, Wiggins, Burgett
Nay: (0)
CITIZEN'S COMMENTS (continued)
Mr. Bruce Campbell, 108 Westminster Drive, representative of
Banbury Cross Homeowners' Association, voiced concerns over the sewer
and water extension for the proposed Burke Development. He stated the
County had not spent adequate time considering this proposal, and he
encouraged the Board to delay any action on the matter at this time.
Mr. Steven Oyer, 305 Sonshine Way, appeared to discuss drainage
problems and suggested the money the County intended to use to purchase
property be diverted to the Stormwater Management Fund. He also
expressed concerns with street lighting in the County.
Mr. Sonny Forbes, 110 Buckingham Drive, spoke in favor of marinas
having restaurant facilities. He stated he would like to be able to dine
on the water without having to go to Virginia Beach or Gloucester.
Mr. Terry Phillips, 111 Buckingham Drive, also spoke in favor of
having restaurants located at marinas.
Mr. Nile Eddy, 116 Buckingham Drive, was opposed to amending the
ordinance that would limit an increase in restaurant structures at
marinas.
Mr. Jim Strong, 8 Rue De Grass, Poquoson, voiced his opposition to
zoning ordinances that would limit restaurants at marinas. He stated he
was the owner of a small marina in Poquoson, and he was against having a
decision made on marina restaurants at this time.
Mr. Kris Kuck, 122 August Drive, stated if the zoning ordinance
language was changed regarding eating establishments at marinas, it
would send a message to developers not to come to the County since the
rules could change at any time. He stated restaurants at marinas would
require better safety measures and would improve maintenance of their
facilities. He felt it would be better for marinas to have restaurants
rather than boat repair facilities or crab and fish processing plants.
He urged the Board not to vote on this issue at this time.
Mr. Daniel Comber, 121 Penn Drive, spoke in opposition to the
proposed Burke development and asked the Board to take a closer look at
what was projected for that area. He requested a delay in the decision
until the matter could be researched.
Mr. Gerry DeWitt, 142 Quaker Meeting House Road, stated he felt
some people were naïve about what was going on with the proposed Burke
Development. He asked the Board to delay voting on the issue until the
matter could be further researched.
Mr. Carl Siebert voiced his concerns regarding the Burke
development and the massive traffic congestion that the development
would cause. He urged the Board to wait before voting on the matter.
Mr. Peter Mellette, 125 Turwell Court, spoke regarding the Burke
development and expressed his opposition to what was being proposed. He
requested that more time be spent looking over the proposal.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett briefed the Board on several bills before the General
Assembly. HB1969 passed in the House and Senate which regulates carrying
firearms on public property. HB2712 passed the House and is in the
Senate regarding overtime for firefighters and emergency medical
technicians. HB2850 passed which is the annexation bill for the current
annexation moratorium. He also announced that his office and the Human
Resources Office would be conducting a legal seminar on Saturday,
February 24, 2001.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds reported on a meeting he attended at the Peninsula
Airport Commission regarding the Aviation World's Fair and the
possibility of the fair being held on the Peninsula. He reported that
the Virginia Department of Corrections Compliance Audit for the Virginia
Peninsula Regional Jail indicated the facility was 100 percent in
compliance. He stated that staff had met with VDOT regarding available
funds that might be used to enhance traffic flow on Route 17. He
reminded the Board there would be a joint meeting with the School Board
on February 21, 2001, at the conference center behind the School Board
Office next to Dare Elementary School.
Mrs. Noll wanted to confirm with VDOT that it would not be
widening Route 17 beyond York High School.
Mr. Carter confirmed that a verbal agreement was reached with VDOT
to forego widening that area; however, the agreement was reached so late
in the process that VDOT was unable to change the plan that had been
adopted.
Mrs. Noll asked that the agreement be obtained in writing.
MATTERS PRESENTED BY THE BOARD
Mrs. Noll reported on attending a celebration retirement party for
Reverend Holmes from Shiloh Baptist Church and Rising Sun Church. She
also noted she was the Chairman of a subcommittee for the 2007
Celebration and discussed how communities may become Certified
Communities.
Mr. Wiggins discussed eating facilities at marinas, explaining
that the Board was in the process of defining the criteria for them. He
also mentioned "No Wake" zones and stated they were in place
for the benefit of both marinas and residences. He indicated that once a
watercraft was beyond the No Wake area, it could operate in an enjoyable
manner as long as it wasn't endangering lives.
Mr. Zaremba mentioned the Board was in the process of developing
the 2002 budget. He discussed a meeting the Board of Supervisors had
conducted with the School Board involving contractors who felt they
could perform some of the School Board's grounds maintenance needs at a
lower cost. He stated the Board always had the best interests of the
citizens regarding development, and not the best interests of the
developer. He reiterated the results of the County survey, stating that
York County was certainly a great place to live in.
Chairman Burgett stated he had attended the grand reopening of the
York Library, and he was very proud of the renovations. He stated he
would be attending a breakfast sponsored by the York County Office of
Economic Development on Thursday, February 22, 2001. He applauded Mr.
Bill Parker for his excellent article in Citizen News on growth in the
County. He also thanked Mr. Jim Barnett for all of his work on the
annexation issue, and he expressed his appreciation to Delegate Melanie
Rapp who was instrumental in getting the bill through the General
Assembly.
CONSENT CALENDAR
Mr. Zaremba asked that Item No. 6 be removed from the Consent
Calendar.
Mr. Wiggins asked that Item No. 7 be removed from the Consent
Calendar.
Mrs. Noll then moved that the Consent Calendar be approved as
amended, Item Nos. 5, 8, 9, and 10, respectively.
On roll call the vote was:
Yea: (4) Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 5. APPROVAL OF MINUTES
The minutes of the following meetings of the York County Board of
Supervisors were approved:
January 23, 2001, Adjourned Meeting
February 6, 2001, Regular Meeting
Item No. 8. APPROPRIATION OF ADDITIONAL FUNDING FROM THE
STATE COMPENSATION BOARD: Resolution R01-24.
A RESOLUTION TO APPROPRIATE ADDITIONAL FUNDING FROM THE STATE
COMPENSATION BOARD TO PURCHASE VIDEO EQUIPMENT FOR THE COMMONWEALTH'S
ATTORNEY'S OFFICE
WHEREAS, the State Compensation Board has notified the County that
for Fiscal Year 2001 additional funding of $3,886 has been approved for
the Commonwealth's Attorney's Office to purchase video equipment;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 20th day of February, 2001, that $3,886 be, and hereby
is, appropriated in the General Fund for the purchase of video equipment
for the Commonwealth's Attorney's Office.
Item No. 9. PURCHASE AUTHORIZATION: Resolution R01-26.
A RESOLUTION TO AUTHORIZE PURCHASE OF LUMINAIRES, LAMPPOSTS AND
LADDER RESTS
WHEREAS, it is the policy of the Board of Supervisors that all
procurements of goods and services by the County involving the
expenditure of $30,000 or more be submitted to the Board for its review
and approval; and
WHEREAS, the County Administrator has determined that the
following procurements are necessary and desirable, that they involve
the expenditure of $30,000 or more, and that all applicable laws,
ordinances, and regulations have been complied with;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 20th day of February, 2001, that the County
Administrator be, and hereby is, authorized to conclude procurement
arrangements for the following:
AMOUNT
Luminaires
$33,395
Lampposts and Ladder
Rests
$73,933
ITEM NO. 10. YORKTOWN VILLAGE ACTIVITY DISTRICT ACCESSORY
STRUCTURE APPROVAL: Resolution R01-31.
A RESOLUTION TO APPROVE THE REQUEST OF DIANNE BURCHER FOR THE
RECONSTRUCTION AND EXPANSION OF AN ACCESSORY STORAGE SHED ON PROPERTY
LOCATED AT 107 PULASKI STREET IN YORKTOWN
WHEREAS, Dianne Burcher has submitted an application requesting
permission to install an accessory storage shed on property located at
107 Pulaski Street in York-town; and
WHEREAS, pursuant to Section 24.1-327(b)(3) of the York County
Zoning Ordinance, such requests may be approved by the Board of
Supervisors by resolution; and
WHEREAS, the Board has determined that the location and design of
the proposed shed will be compatible with adjacent properties and
structures.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 20th day of February, 2001, that the request of Dianne
Burcher for the installation of an accessory storage shed on property
located at 107 Pulaski Street, as described in the County
Administrator's report to the Board dated February 5, 2001, be, and it
is hereby, approved.
Item No. 6. HISTORIC YORKTOWN BEACH TRAIL GRANT: Proposed
Resolution R01-32. (Removed from the Consent Calendar)
Mr. Zaremba stated he was impressed with this grant and asked for
a more detailed description of the item.
Mr. Kraus presented aerial photographs of the shoreline and
discussed renovations to be made with the grant funding.
Mr. Zaremba then moved the adoption of proposed Resolution R01-32
which reads:
A RESOLUTION TO ACCEPT AND APPROPRIATE A GRANT FROM THE VIRGINIA
LAND CONSERVATION FOUNDATION AND AUTHORIZE THE COUNTY ADMINISTRATOR TO
SIGN A PROJECT AGREEMENT AND ACQUIRE NECESSARY PROPERTY FOR THE
HISTORIC YORKTOWN BEACH TRAIL
WHEREAS, York County has received notification that it will
receive a grant in the amount of $117,500 from the Virginia Land
Conservation Foundation for the purpose of acquiring property needed for
the Historic Yorktown Beach Trail project; and
WHEREAS, the Beach Trail project is a major part of a
comprehensive riverwalk project that will provide continuous pedestrian
linkage extending along the York River in historic Yorktown as well as
provide pedestrian access to and between the Colonial National
Historical Park and the Yorktown Victory Center;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 20th day of February, 2001, that the County
Administrator be, and hereby is, authorized to accept the grant awarded
by the Virginia Land Conservation Foundation in the amount of $117,500.
BE IT FURTHER RESOLVED that $117,500 be, and hereby is
appropriated in the Yorktown Capital Improvements Fund to acquire
property for the Historic Yorktown Beach Trail.
BE IT STILL FURTHER RESOLVED that the County Administrator or his
designee be, and hereby is, authorized to execute a project agreement in
a form approved by the County Attorney.
BE IT FURTHER RESOLVED that the County Administrator be, and he
hereby is, authorized to acquire property in Yorktown needed for the
Historic Yorktown Beach Trail and to procure services and to do all
things necessary associated with the acquisition of property for said
project without further action by this Board, provided that the total
cost of said purchases shall not exceed available funding.
On roll call the vote was:
Yea: (4) Noll, Wiggins, Zaremba, Burgett
Nay: (0)
Item No. 7. YORK HALL ISSUES: Proposed Resolution R01-36.
(Removed from the Consent Calendar)
Mr. Wiggins inquired about the basement layout in York Hall and
reported concerns expressed by the Historical Committee regarding the
safety of its artifacts.
Mr. Carter explained the layout of the basement floor of the
building, and he stated that staff was still working out details with
the Historical Committee.
Mr. Wiggins then moved then moved the adoption of proposed
Resolution R01-36 which reads:
A RESOLUTION TO APPROVE THE EXPENDITURE OF UP TO $6,000 FROM THE
CONTINGENCY RESERVE TO BE USED IN IMPLEMENTING THE PLANS FOR USE AND
OCCUPANCY OF YORK HALL
WHEREAS, in accordance with direction provided by the Board of
Supervisors, the staff has been working to implement various aspects of
the proposed York Hall use and occupancy plan; and
WHEREAS, funds are needed to obtain property appraisals associated
with the proposal for the On-the-Hill Gallery property transfer/lease
and to purchase furnishings for the shared storage space in the basement
of York Hall, as outlined in the County Administrator's report to the
Board dated February 7, 2001;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 20th day of February, 2001, that the expenditure of
$6,000 from the Contingency Reserve be, and hereby is, authorized for
the purpose of implementing the plans for the use and occupancy of York
Hall as described in the County Administrator's report to the Board
dated February 7, 2001.
On roll call the vote was:
Yea: (4) Wiggins, Zaremba, Noll, Burgett
Nay: (0)
NEW BUSINESS
PUBLIC WATER AND SEWER EXTENSION AGREEMENTS-BURKE DEVELOPMENT.
Mr. John Hudgins, Director of Environmental and Development
Services, made a presentation on proposed Resolution R01-30 to authorize
the execution of off-site public water and sewer extension agreements
for the proposed Burke development consisting of 35 single-family
detached residences and a private school.
Mr. Zaremba asked about savings to the County.
Mr. Hudgins explained the County would pay $130,000 and the
developer would be responsible for the remaining fees.
Mr. Zaremba suggested the Board table the matter until a later
date to gather more information for the citizens.
Mr. Hudgins stated it would not be detrimental to the County.
CLOSED MEETING. At 10:06 p.m. Mr. Wiggins 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 real property for
a public purpose.
On roll call the vote was:
Yea: (4) Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Meeting Reconvened. At 10:17 p.m. the meeting was reconvened in
open session by order of the Chair.
Mrs. Noll 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 20th day of February, 2001, 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) Noll, Wiggins, Zaremba, Burgett
Nay: (0)
APPOINTMENT TO THE VIRGINIA PENINSULA REGIONAL JAIL AUTHORITY
Mrs. Noll moved the adoption of proposed Resolution R01-38 which
reads:
A RESOLUTION TO APPOINT A YORK COUNTY MEMBER TO THE VIRGINIA
PENINSULA REGIONAL JAIL AUTHORITY
WHEREAS, Daniel M. Stuck, former York County Administrator, served
as York County's representative on the Virginia Peninsula Regional Jail
Authority until his resignation January 15, 2001;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 20th day of February, 2001, that James O.
McReynolds, York County Administrator, be and he is hereby, appointed as
York County's representative to the Virginia Peninsula Regional Jail
Authority effective immediately.
On roll call the vote was:
Yea: (4) Wiggins, Zaremba, Noll, Burgett
Nay: (0)
Meeting Adjourned. At 10:22 p.m. Chairman Burgett declared
the meeting adjourned to 7:30 p.m., Wednesday, February 21, 2001, in the
Conference Center of the School Board Office, for the purpose of
conducting a joint work session.
_____________________________
_______________________________
James O. McReynolds, Clerk
James S. Burgett, Chairman
York County Board of Supervisors
York County Board of Supervisors
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