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Regular Meeting
May 15, 2001
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board
of Supervisors was called to order at 7:01 p.m., Tuesday, May 15, 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, James S. Burgett, and H. R. Ashe.
Also in attendance were James O. McReynolds, County Administrator;
and James E. Barnett, County Attorney.
Invocation. The invocation was given by Dr. George Barnes,
Hornsbyville Baptist Church.
Pledge of Allegiance to the Flag of the United States of
America. Chairman Burgett led the Pledge of Allegiance.
HIGHWAY MATTERS
Mr. John Mazur, Assistant Resident Engineer, Virginia Department
of Transportation (VDOT), appeared to discuss highway matters of
interest to the Board of Supervisors. He reported that the bikeway on
Goodwin Neck Road was almost complete. The right-turn lanes and third
through lane on Route 17 in the Washington Square to Wolftrap Road area
are complete with just a few minor repairs to be made. He informed the
Board that the Virginia Transportation Programming Meeting, formerly
known as the Preallocation Hearing, will be held July 12, 2001, at 9:00
a.m. at the District office.
Mr. Ashe spoke of the left-turn lane that was added at Victory
Boulevard and Route 17. He stated he felt that one of the lanes should
be extended another 300 feet because of traffic congestion.
Mr. Mazur explained that the additional lane was added to allow
storage area for the backed up traffic. He offered to check into traffic
back-ups in the turn lane.
Mr. Ashe asked Mr. Mazur to look at the striping on Yorktown Road
in front of Tabb High School. He stated there is no designated left turn
without crossing over the double, yellow lines.
Mr. Zaremba asked for an update on the Busch Gardens flyover
project.
Mr. Mazur reported the Department was still working with the
contractor and has called in another contractor to assess environmental
concerns. Work on the bridge is continuing, and progress has been made
in the last couple of weeks to get everything done. He stated it would
probably be months before it was completed, but there is a push to get
it opened.
Mr. Wiggins mentioned the drainage problems on Hornsbyville Road
and his request to Mr. Elliott at the previous meeting for him to look
into that issue. He then offered to go out to the subject property to
show VDOT his concerns. He reported that Dandy Loop Road runs parallel
to the water and is in a low area. He explained that the trees in the
woods had encroached on the ditches in that area and caused the drainage
to run in a circle. He stated that mailboxes are sitting in the ditches,
and he suggested moving the ditches and perhaps taking down the trees.
He asked Mr. Mazur to look at that area.
Mr. Mazur explained that the amount of right-of-way usually
dictated where everything had to fit, and he agreed to look at the area.
Chairman Burgett stated that Yorkshire Drive desperately needed to
be repaved. He asked Mr. Mazur to look at it, stating it was in the
worst condition of any road in his district.
Mr. Ashe stated that on Yorktown Road by Tabb Middle School there
is a tremendous amount of children who live nearby and walk to school.
He stated the shoulder of the road is not wide enough for the children
to walk on, and he feels it is dangerous.
Mr. Mazur stated he would check on this and get back with Mr.
Ashe.
PRESENTATIONS
STUDENT LOCAL GOVERNMENT PROGRAM
Chairman Burgett noted that May was Student Local Government
Month, and he explained the activities taking place in the school system
and with County government to recognize it.
Ms. Patricia Hannum, Community Activities Coordinator, then
introduced the following students present who were participating in
Student Local Government Program as shadows to the Board of Supervisors,
the County Administrator, and the County Attorney:
Peter Wubbels
Bruton High School
Erin
Causey
Bruton High School
Joanna
Old
Bruton High School
Sarah
Myers
Grafton High School
Timothy
Yu
Grafton High School
Natalya Hrichak
Grafton High School
Rebecca Thomasson Grafton High School
Nancy
Miller
Tabb High School
Jason
Reader
Tabb High School
Jonathan Duey
Tabb High School
Chris
Stump
Tabb High School
Ashley
Carter
York High School
Kathleen Hinger
York High School
Danielle
Hale
York High School
INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARDS AND COMMISSIONS
Chairman Burgett introduced and welcomed the following newly
appointed members to the York County Wetlands Board and the York County
Transportation Safety Commission, and presented them with Boards and
Commissions Handbooks and York County pins:
Bobby C.
James
York County Wetlands Board
Edward G. Moninger York County Transportation
Safety Commission
WILLIAMSBURG AREA CONVENTION AND VISITORS BUREAU
Mr. Dave Schulte, Executive Director of the Williamsburg Area
Convention and Visitors Bureau, made a presentation to the Board that
included information on its mission, budget, comparative charts, and
results of the 2000 campaign. He discussed the benefits to Yorktown from
the Bureau's tourism efforts, which are supported by contributions from
the County's lodging tax revenue. Its survey indicated the visitors to
Yorktown who purchased the Visitors Guide were twice as likely to visit
Yorktown as typical visitors. It is estimated that approximately 30,000
visitors were influenced to visit Yorktown based on the survey results
that have been conducted. Mr. Schulte discussed visitors' spending and
tax revenues, the competitiveness of other localities for tourism
dollars, and the benefits the Yorktown area derived from the Bureau.
COMMUNICATION SYSTEM UPGRADE
Mr. McReynolds briefed the Board on the upgrade of the County's
communications system. He stated that at the April 17 regular meeting,
the Board tabled the item addressing the expenditure of $90,000 from the
Contingency Reserve to begin Phase II of the proposed Communications
System upgrade jointly with James City County. He stated that since that
meeting, additional information has been provided to the Board and aired
on Cable Channel 46. He then listed the reasons for a recommendation to
move ahead with this important project, including aging equipment,
limited channel capacity, radio system interference, and the FCC
initiative reassigning frequencies.
Mr. Danny Diggs, York County Sheriff, stated the upgrade would
benefit the school division, all departments in the County, Fire and
Life Safety, and the Sheriff's Office. He stated the upgrade was a
necessity because the current system is 20 years old and does not
provide the capabilities to meet today's needs. He stated there are
daily, simultaneous incidents which take place that have delayed
deputies from speaking on the radio. He stated that Newport News,
Hampton, Norfolk, and Virginia Beach have already implemented this 800
megahertz communication system. He suggested that the Board trust in the
two independent consultants that recommended the County upgrade to 800
megahertz. He stated the Fire Chief, the Communications Manager, the
Sheriff's Office, and staff have researched the proposed system
extensively and are unanimous in the recommendation that this upgraded
system be implemented.
Mr. Stephen Kopczynski, Fire Chief, noted that his department
strives to provide the citizens with the highest quality service
available. He stated that without a good communications system, the
responses may be delayed in emergency situations, resources may be used
ineffectively, and the ability to coordinate with other agencies becomes
severely limited. The age of the equipment and its limitations have
resulted in a number of shortcomings, thereby creating a need to upgrade
the system. He stated there are areas where radio coverage results in
poor communications and no longer meets the latest standard for public
safety system radio cover-age. The current system has a limited number
of radio channels which impacts the department's ability to effectively
manage multiple working emergencies or a single complex incident.
CITIZENS COMMENT PERIOD
Ms. Amanda Hayes, Criminal Justice Planner to the Colonial
Community Criminal Justice Board, explained the organization was an
advisory board with appointments from York, as well as five other
localities, with a mission to promote and enhance the safety and well
being of citizens. She spoke in support of the communication systems
upgrade and felt since it was a regional effort, it would provide
greater coverage for public safety and services. She stated this effort
would support and enhance law enforcement officer safety and the safety
of firefighters. She encouraged the Board's support.
Mr. Wallace Robertson, 202 Broken Bridge Road, retired York County
Fire Chief, stated he had the opportunity to visit other localities and
knew the tremendous value of the 800 megahertz system for emergency
communications provided to those localities. He stated that with the
population and call demand in the County, it was absolutely unheard of
to operate on one channel during emergencies. He noted he understood it
was a tremendous amount of money, but he stated the system has not been
upgraded since 1982. He asked the Board to consider the purchase and
upgrade of this proposed communication system.
Meeting Recessed. At 7:57 p.m. Chairman Burgett declared a short
recess.
Meeting Reconvened. At 8:06 p.m. the meeting was reconvened
in open session by order of the Chair.
PUBLIC HEARINGS
APPLICATION NO. UP-575-01, STEPHEN D. ASHE
Mr. Mark Carter, Planning and Zoning Manager, made a presentation
on Application No. UP-575-01 which requests a use permit authorizing a
detached accessory apartment in conjunction with a single-family
detached dwelling located at 231 Jethro Lane. He explained the applicant
was constructing a single-family dwelling, and this proposal was to
convert the existing single-family residence that is located on the
property into an accessory apartment. He stated the existing residence
was approximately 2,300 square feet, and the accessory apartment would
be 965 square feet in size, representing 19 percent of the floor area of
the applicant's proposed new residence, with the remainder of the
existing house being converted into storage space. He explained that the
applicant entered into an agreement with the County guaranteeing that
the existing residence would be demolished prior to issuance of a
Certificate of Occupancy for the new house. If he is unsuccessful in
securing a use permit for the apartment, that agreement will be
enforced. 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 R01-86.
Mr. Stephen Ashe, the applicant, thanked Mr. McReynolds for the
time and effort put into the application and the recommendation for
approval. He stated he was hoping to have a family member live in the
apartment.
Mrs. Noll asked who was going to live in the apartment.
Mr. Ashe responded that he and his wife had a large family, and
one of the family members would be using the apartment.
Chairman Burgett called to order a public hearing on Application
UP-575-01 that was duly advertised as required by law. Proposed
Resolution R01-86 is entitled:
A RESOLUTION TO APPROVE A DETACHED ACCESSORY APARTMENT LOCATED
AT 231 JETHRO LANE
There being no one present who wished to speak concerning the
subject application, Chairman Burgett closed the public hearing.
Mr. Wiggins stated he felt that since the applicant had 8 acres,
the property was not crowded, and he may want to develop the property
later on, he did not see any reason not to approve the application.
Mr. Zaremba asked the reason for the agreement regarding the
existing residence.
Mr. Carter stated this agreement process has been done in the past
and is normally used when a house is in a serious state of disrepair and
someone proposes to build a new, replacement house. The basic ordinance
requirement states that there cannot be more than one residence on the
property. The agreement has been developed to allow the occupancy of the
first house while the second is under construction, as long as the
County is guaranteed that the first one will be demolished before the
second one gets its certificate of occupancy. After the applicant
entered into that agreement, he then decided to pursue the accessory
apartment route. Mr. Carter explained that the first house was in good
condition and was a significant asset on the property, and staff
understands the applicant's desire to pursue conversion to the accessory
apartment.
Mr. Zaremba asked about the size of the parcel and if the
applicant was only allowed to build one house.
Mr. Carter stated the parcel would have to be subdivided to allow
for more than one house. He stated there were options to subdivide the
property; the primary option available without going into a lot of
public infrastructure construction would be the family subdivision
route.
Mr. Zaremba noted that Planning Commissioner Simasek had asked the
applicant if he ever intended to demolish the existing home, stating his
answer could be interpreted that he never intended to demolish the house
and knew he had to enter into an agreement with the County when the new
house was built. He asked if his interpretation was correct.
Mr. Carter stated the applicant had proceeded the way others had
before in the past, but the difference was that the house that was to be
demolished was not about to fall down as in previous applications.
Mrs. Noll asked about the possibility of dividing the property and
keeping the existing house.
Mr. Carter explained the family subdivision route would provide an
opportunity for that.
Mrs. Noll stated the ordinance says one house per lot, and she did
not have a problem with the way the ordinance was written. She stated
she did not feel the County was hurting a land-owner by requiring a
family subdivision if the landowner wants two houses on the property and
the property is large enough to subdivide.
Mr. Wiggins then moved the adoption of proposed Resolution R01-86
that reads:
A RESOLUTION TO APPROVE A DETACHED ACCESSORY APARTMENT LOCATED
AT 231 JETHRO LANE
WHEREAS, Stephen D. Ashe has submitted Application No. UP-575-01,
which is a request for a special use permit, pursuant to Section
24.1-407(c) of the York County Zoning Ordinance, to authorize a detached
accessory apartment in conjunction with a single-family detached
dwelling on property located at 231 Jethro Lane and further identified
as Assessor's Parcel No. 25-451B; and
WHEREAS, said application has been forwarded to the York County
Planning Commission in accordance with applicable procedure; and
WHEREAS, the Planning Commission recommends approval of this
application; and
WHEREAS, the York County Board of Supervisors has conducted a duly
advertised public hearing on this application; and
WHEREAS, the Board has carefully considered the public comments
with respect to this application;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 15th day of May, 2001, that Application UP-575-01
be, and it is hereby, approved to authorize a detached accessory
apartment in conjunction with a single-family detached dwelling on
property located at 231 Jethro Lane subject to the following conditions:
1. This use permit shall authorize a detached accessory apartment
in conjunction with a single-family detached dwelling to be constructed
on property located at 231 Jethro Lane and further identified as
Assessor's Parcel No. 25-451B.
2. Building plans shall be in conformance with the drawings
submitted by the applicant and 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 or conversion 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 965
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 comparable with the character
of the single-family residence and adjacent proper-ties.
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. As depicted on the sketch submitted to the Planning Division
and dated March 9, 2001, the applicant shall convert the designated
portions of the structure to storage space accessory to the principal
residence on the property. Compliance with this requirement shall
include the removal of all non-load bearing walls in the current
bedrooms section of the structure, the installation of an outside
entrance into this section of the structure, the closing of any
passageways into this section from the accessory apartment, and
installation of any fire separation walls that may be required by the
Building Code. Implementation of this conversion shall be coordinated
with the Building Official and shall be completed, and approved by the
Building official and the Code Enforcement Supervisor, prior to issuance
of the Certificate of Occupancy for the accessory apartment.
9. 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: (3) Zaremba, Wiggins, Burgett
Nay: (1) Noll
Abstention: (1) Ashe
Mr. Ashe explained he abstained from voting because the applicant
was a relative.
APPLICATION NO. UP-576-01, CRAIG ROUNTREE BUILDING AND REMODELING.
Mr. Mark Carter made a presentation on Application No. UP-576-01
requesting approval of a use permit authorizing an attached accessory
apartment in conjunction with a single-family detached dwelling located
at 111 Chismans Point 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 R01-87.
Chairman Burgett called to order a public hearing on Application
No. UP-576-01 that was duly advertised as required by law. Proposed
Resolution R01-87 is entitled:
A RESOLUTION TO APPROVE AN ATTACHED ACCESSORY APARTMENT LOCATED
AT 111 CHISMANS POINT ROAD
There being no one present who wished to speak concerning the
subject application, Chairman Burgett closed the public hearing.
Mrs. Noll pointed out that the accessory apartment was for a
family member, and she then moved the adoption of proposed Resolution
R01-87 that reads:
A RESOLUTION TO APPROVE AN ATTACHED ACCESSORY APARTMENT LOCATED
AT 111 CHISMANS POINT ROAD
WHEREAS, Craig Rountree Building and Remodeling has submitted
Application No. UP-576-01 to request a special use permit, pursuant to
Section 24.1-407(c) of the York County Zoning Ordinance, to authorize an
attached accessory apartment in conjunction with a single-family
detached dwelling on property located at 111 Chismans Point Road and
further identified as Assessor's Parcel No. 25M-(1)-3; and
WHEREAS, said application has been forwarded to the York County
Planning Commission in accordance with applicable procedure; and
WHEREAS, the Planning Commission recommends approval of this
application; and
WHEREAS, the York County Board of Supervisors has conducted a duly
advertised public hearing on this application; and
WHEREAS, the Board has carefully considered the public comments
with respect to this application;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 15th day of May, 2001, that Application UP-576-01
be, and it is hereby, approved to authorize an attached accessory
apartment in conjunction with a single-family detached dwelling on
property located at 111 Chismans Point Road subject to the following
conditions:
1. This use permit shall authorize an attached accessory apartment
in conjunction with a single-family detached dwelling on property
located at 111 Chismans Point Road and further identified as Assessor's
Parcel No. 25M-(1)-3.
2. Building plans shall be in substantial conformance with the
sketch plans submitted by the applicant and 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 that are associated with the
components of an accessory apartment.
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 800
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 comparable with the character
of the single-family residence and adjacent proper-ties.
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: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
APPLICATION NO. PD-13-01, RAINBROOK VILLAS, L.L.C. AND VILLA
DEVELOPMENT, L.L.C.
Mr. Mark Carter made a presentation on Application No. PD-13-01 to
reclassify approximately 10.5 acres located on the west side of Burts
Road from Medium Density Residential, Resource Conservation, and General
Business, to Planned Development, to authorize the expansion of existing
Rainbrook Villas from 112 units to 166 units, and to reclassify
approximately 1.2 acres on the west side of Burts Road from Medium
Density Residential to General Business. 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, with the exception of Proffer Numbers 9B and 10B, through
the adoption of proposed Ordinance No. 01-5(R) and with a minor change
to one of the dates referenced in the conditions.
Mr. Paul Garman, the applicant, indicated he had appeared to
answer any questions the Board had and stated he appreciated staff's
help on the proffers for the two projects. He spoke concerning the types
of target buyers, the number of units sold, and the average age of the
buyers. He asked the Board for its support of the application.
Mr. Wiggins asked if there was an exit on Burts Road or a
turnaround area.
Mr. Garman explained that issue would not be decided until the
Board made a decision on the application. He stated there is no
opposition to eliminating the connection to Burts Road and putting a
"T" turnaround, and also to building an emergency access road
for emergency vehicles.
Chairman Burgett then called to order a public hearing on
Application No. PD-13-01 that was duly advertised as required by law.
Proposed Ordinance No. 01-5(R) is entitled:
AN ORDINANCE TO APPROVE APPLICATION NO. PD-13-01 TO EXPAND THE
RAINBROOK VILLAS PLANNED DEVELOPMENT ONTO AN ADJACENT 10.14 ACRES AND
TO RECLASSIFY AP-PROXIMATELY 1.6 ACRES ON THE WEST SIDE OF BURTS ROAD
SUBJECT TO CERTAIN CONDITIONS PROFFERED BY THE OWNERS OF THE PROPERTY
There being no one present who wished to speak concerning the
subject application, Chairman Burgett closed the public hearing.
Mrs. Noll asked about the changes to the Ordinance.
Mr. Carter stated the change needs to be made to a date
referencing the proffer statement at the bottom of page 6 and the top of
page 7. He stated the date should be April 3, 2001.
Mr. Wiggins explained that this request came before the last Board
and, since that time, he had spoken to residents who lived there and
liked it. He stated he recognized a need for a community like this, and
he felt it was a beautiful project.
Mr. Ashe stated he also toured the project and met some of the
residents there. He stated it was a great area to live in and was a good
opportunity for the senior citizens in the community.
Mrs. Noll then moved the adoption of proposed Ordinance No.
01-5(R) that reads:
AN ORDINANCE TO APPROVE APPLICATION NO. PD-13-01 TO EXPAND THE
RAINBROOK VILLAS PLANNED DEVELOPMENT ONTO AN ADJACENT 10.14 ACRES AND TO
RECLASSIFY AP-PROXIMATELY 1.6 ACRES ON THE WEST SIDE OF BURTS ROAD
SUBJECT TO CERTAIN CONDITIONS PROFFERED BY THE OWNERS OF THE PROPERTY
WHEREAS, Villa Development and Rainbrook Villas, L.L.C. have
submitted Application No. PD-13-01 which requests amendment of the York
County Zoning Map by reclassifying an approximately 10.14 acre piece of
property from RC (Resource Conservation), R-20 (Medium Density
Residential), and GB (General Business) to PD (Planned Development) and
an approximately 1.6 acre piece of property from R-20 (Medium Density
Residential) to GB (General Business) located on the west side of Burts
Road and further identified as Assessor's Parcel No.'s 29-18, 29-82, and
portions of 29-81, 29-82B, 29-82C, 29-82D, and 29-83; and
WHEREAS, said application has been forwarded 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 ORDAINED by the York County Board of Supervisors
this 15th day of May, 2001, that it does hereby approve Application No.
PD-13-01 to amend the York County Zoning Map by reclassifying from an
approximately 10.14 acre piece of property from RC (Resource
Conservation), R-20 (Medium Density Residential), and GB (General
Business) to PD (Planned Development) and an approximately 1.2 acre
piece of property from R-20 (Medium Density Residential) to GB (General
Business) located on the west side of Burts Road and further identified
as Assessor's Parcel No.'s 29-18, 29-82, and portions of 29-81, 29-82B,
29-82C, 29-82D, and 29-83 and more fully identified and described as
follows:
From RC (Resource Conservation), R-20 (Medium Density
Residential), and GB (General Business to PD (Planned Development:
All that certain lot, piece or parcel of land situate, lying and
being in the County of York, Virginia, containing approximately 10.14
acres and being known and designated as "Area proposed to be
rezoned from RC, R-20, and GB to PD (10.14 acres)" as shown on that
certain preliminary plan entitled "Preliminary #11, Additional Land
of Rainbrook Villas" prepared by The Sirine Group, LTD., dated
February 28, 2001 and more particularly described as follows:
Beginning at a point on the proposed right-of -way of the future
Burts Road alignment thence proceeding along the future Burts Road
right-of-way S 12°-17'-40" E 801.74 feet to a point; thence
turning and leaving said future right-of-way S 74°-52'-23" W
125.81 feet to a point; thence N 77°-34'-37" W 239.36 feet to a
point; thence N 17°-01'-32" W 63.43 feet to a point, thence N
73°-41'-37" W 353.76 feet to a point; thence N 06°-29'-28" W
510.11 feet to a point; thence N 80°-44'20" E 185.97 feet to a
point; the point of beginning. Said parcel being further described as
the western most 441,737 SQ. FT. of properties designated as tax parcel
29-82D, 29-82, 29-82B AND 29-83 on the County of York Tax Maps; Owned by
Villa Development, L.L.C., a Virginia Limited Liability Company.
From R-20 (Medium Density Residential to GB (General Business)
All that certain lot, piece or parcel of land situate, lying and
being in the County of York, Virginia, containing approximately 1.6
acres and being known and designated as "Area proposed to be
rezoned from R-20 to GB (1.58 acres)" as shown on that certain
preliminary plan entitled "Preliminary #11, Additional Land of
Rainbrook Villas" prepared by The Sirine Group, LTD., dated
February 28, 2001 and more particularly described as follows:
Beginning at a point on the proposed right-of-way of the future
Burts Road alignment thence proceeding along the future Burts Road
right-of-way N 12°-17'-40" W 335.71 feet to a point; thence
turning and leaving said future right-of-way of Burts Road S
78°-35'-43" E 316.95 feet to a point on the western right-of-way
of the existing Burts Road; thence S 07°-15'-45" W 198.87 Feet to
a point, thence turning and leaving said right-of-way and running S
72°-21'-47" W 224.62 Feet to a point, the point of beginning. Said
parcel being further described as the eastern most 68,975 SQ. FT. or
1.583 Acres of properties designated as Tax Parcel 29-82C AND 29-82D on
the County of York Tax Maps; Owned by Villa Development, L.L.C., a
Virginia Limited Liability Company.
BE IT FURTHER ORDAINED that the following conditions shall apply
to the development of the above described property under the PD
classification:
1. General Layout, Design, and Density
a. Except as specifically modified herein, a site plan shall be
submitted for the development of this property and shall proceed in
accordance with the plan entitled, "Preliminary #11, Additional
Land of Rainbrook Villas" prepared by The Sirine Group, Inc., and
dated 2/28/01. Substantial deviation, as determined by the Zoning
Administrator, from the general design and layout as submitted or
amended herein shall require resubmission and approval in accordance
with all applicable provisions as established by the York County Zoning
Ordinance.
b. Except as modified herein, the layout and design of this
development shall comply with the Planned Development regulations as
provided in Section 24.1-360 of the York County Zoning Ordinance.
c. The maximum number of residential units shall be 166.
d. Street trees at least 1-1/2 inches in diameter shall be
provided (or credited for existing trees) at no less than forty-foot
(40') intervals along the outer loop of the interior road in Phase One
of the development. Street trees at least 1-1/2 inches in diameter shall
be provided (or credited for existing trees) at no less than forty-foot
(40') intervals along both sides of the interior road proposed to be
extended from Phase One to an intersection with realigned Burts Road.
2. Streets and Circulation
a. Roadway design and construction shall be in substantial
conformance with the Development Plan. The design and construction of
all streets shall adhere to the street and roadway standards established
for public streets by the County and the Virginia Department of
Transportation (VDOT). The applicant shall bear responsibility for
installing all roadway improvements.
b. All streets shall be of a curb and gutter design; roll-top curb shall
be permissible throughout the development.
c. In order to provide for safe and convenient pedestrian
circulation, the project shall include a four foot (4') wide sidewalk as
shown on the concept plan with connections to the pedestrian trails also
shown on the concept plan.
d. Street lighting shall be provided at each street intersection and at
other such locations determined by the subdivision agent to maximize
vehicle and pedestrian safety. The design of the street lighting shall
be consistent with the design and character of the development.
e. The developer shall dedicate to VDOT within 60 days upon notice
by VDOT sufficient right-of-way on the subject property necessary for
the completion of the Grafton Drive and Burts Road realignment connector
(as shown on the concept plan) that is included in the County's Six-Year
Secondary Road Improvement Plan.
f. The developer shall establish an emergency services access,
acceptable to the Department of Fire and Life Safety, to Phase Two of
the development. The emergency access drive shall be constructed with a
compacted gravel base overlaid with a layer of soil capable of
supporting grass and accommodating the weight of large fire and rescue
apparatus. This connection shall also be gated and locked to prevent all
access other than emergency services vehicles.
g. Upon completion of the Burts Road/Grafton Drive realignment,
the developer shall abandon the temporary access on Route 17 (Parcel
29-18) and construct a permanent entrance to serve Phase One, acceptable
to the County and VDOT, on realigned Burts Road. In addition, upon
completion of the Burts Road/Grafton Drive realignment, the developer
shall construct a second permanent entrance to serve Phase Two,
acceptable to the County and VDOT, on realigned Burts Road.
3. Utilities and Drainage
a. Public sanitary sewer service shall serve this development, the
design of which shall be subject to approval by the County Administrator
or his designated agent in consultation with the Department of
Environmental and Development Services and in accordance with all
applicable regulations and specifications. The applicant shall grant to
the County all easements deemed necessary by the County for the
maintenance of such sewer lines.
b. A public water supply and fire protection system shall serve
the development, the design of which shall be subject to approval by the
County Administrator or his designated agent in consultation with the
Department of Environmental and Development Services and the Department
of Fire and Life Safety in accordance with all applicable regulations
and specifications. The applicant shall grant to the County or the City
of Newport News all easements deemed necessary by the County for
maintenance of such water lines.
c. The development shall be served by a stormwater collection and
management system, the design of which shall be approved by the County
Administrator or his designated agent in consultation with VDOT and in
accordance with applicable regulations and specifications. Any easements
deemed necessary by the County for maintenance of the stormwater system
shall be dedicated to the County; however, the County shall bear no
responsibility for such maintenance.
d. The homeowners' association shall own and be responsible for
the perpetual maintenance of all stormwater retention facilities serving
the Planned Development.
4. Open Space and Recreation
a. The location and arrangement of open space shall be generally
as depicted on the plan entitled, "Preliminary #11, Additional Land
of Rainbrook Villas," dated 2/28/2001.
b. A minimum of 7.4 acres of open space shall be provided. Said
open space may include water management facilities, environmentally
sensitive areas, roadside buffers, and recreation space.
c. A minimum of 3.0 acres of recreation space shall be provided.
Said recreation space shall be developed, at a minimum, with a
pedestrian pathway, park-style benches along the pedestrian pathway, and
an enclosed-screened gazebo as indicated on the master plan. The
physical design of the pedestrian pathway shall be designed in such a
manner as to accommodate the walking/exercise needs of active seniors
and the physically challenged.
d. The recreation area and facilities designated for the
originally approved project, including the pedestrian pathway, must be
developed and available for use on or before the occupancy of the
twenty-fifth (25th) unit or by the end of the fifth (5th) year from the
start of construction, whichever occurs first.
e. The recreation area and facilities designated for the expansion
of the project, including the pedestrian pathway, must be developed and
available for use on or before the occupancy of the one hundred
thirty-second (132nd) unit or by the end of the fifth year from the
start of construction, whichever occurs first.
f. The location and manner of development for the recreation area
shall be fully disclosed prior to closing in plain language to all home
purchasers in this development.
g. All landscaped buffer areas shown on the master plan or required
herein shall be encumbered with landscape preservation easements running
to the benefit of the County or homeowners' association. Such easements
shall stipulate that the described land will remain in its natural state
and preclude future or additional development; such easements shall be
acceptable as to content and form to the County Attorney.
h. All common open space and recreational facilities shall be
protected and perpetual maintenance guaranteed by appropriate covenants
as required in the York County Zoning Ordinance and submitted with
development plans for the project.
i. All recreational services, facilities, and equipment shall be
subject to approval by the Division of Parks and Recreation Manager for
their consistency with the applicant's proffered conditions and
recreational requirements as listed in the Planned Development
regulations in the Zoning Ordinance.
5. Environment
a. Prior to final plan approval, the applicant shall obtain all
wetland permits required by federal and state regulations and submit
copies of these permits, or evidence that such permits are unnecessary,
to the Zoning Administrator.
b. A major water quality impact study shall be submitted with the
development plan consistent with the provisions stated in Section
24.1-372, Environmental Management Area Overlay District.
6. Proffered Conditions
The reclassification shall be subject to the conditions
voluntarily proffered by the property owners in the proffer statement
entitled, "Statement of Proffers (Revised 4-3-01)," except for
condition numbers 9B and 10B, which are attached hereto and made a part
hereof by reference.
7. Restrictive Covenants
Prior to final plan approval, the applicant shall submit
restrictive covenants for review by the County Attorney for their
consistency with the requirements of Section 24.1-497, Declaration of
Covenants and Restrictions, of the Zoning Ordinance.
On roll call the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
CITIZENS COMMENT PERIOD (continued)
Mr. Richard Miller, Fire Chief from James City County, appeared
before the Board to speak on the Communication Systems Upgrade. He
reaffirmed James City County's position to move forward with its 800
megahertz radio system, and it would be preferable to do it regionally.
Chief Miller encouraged regional cooperation between the two
jurisdictions to accomplish the upgrade, and he offered to answer any
questions the Board had.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett spoke about one possible draft of a graffiti ordinance
he had provided the Board members and reminded them he was waiting for
feedback from them. He explained that the draft provided was modeled
after the ordinance adopted by Hampton. He summarized that by declaring
graffiti to be a public nuisance, it would allow the County to reserve
its right to clean up the graffiti at the owner's expense. He explained
that not every jurisdiction in Hampton Roads took the action of cleaning
up at the owner's expense. He stated he was now preparing a draft on
parking restrictions on public rights-of-way in the County and the
classification of vehicles with regard to parking.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds reminded the Board of the employee picnic coming up
on June 13, 2001. He also reminded the Board members of the work session
scheduled for May 22, to discuss redistricting and amendments to the
comprehensive plan to incorporate requirements of the Chesapeake Bay
Act. A public hearing is scheduled for June 5 to receive public comment
on that item. He stated the Board will also discuss the potential use of
the commons area in Yorktown.
MATTERS PRESENTED BY THE BOARD
Mr. Zaremba discussed the Town Hall meeting that he held on May 14
to specifically discuss what to do with the one-acre parcel of land in
front of Chischiak Watch along Water Street recently purchased by the
Board, and whether or not that parcel should be turned into a parking
lot. More than 40 citizens were in attendance, and not one of them spoke
in favor of a parking lot. He stated it had been suggested that the land
be used for something with economic return such as a retail
establishment or a restaurant. Others suggested the County do nothing
with the property and leave it as it is. He cited areas where parking is
permitted in Yorktown and when those parking areas are available, and it
was suggested that citizens use the trolley system for the historic
area. Discussions also included eliminating all parking along the
waterfront.
Mr. Wiggins also spoke regarding Mr. Zaremba's town meeting and of
a disagreement taking place with some of the prominent citizens of
Yorktown who seem to be bitterly opposed to the Yorktown Master Plan. He
reported that some of those citizens served on the Focus Committee and
then decided what they really wanted to see in Yorktown. He stated the
last Board took those ideas and developed a way to fund them and began
this great project. Some of those same citizens are now saying the
County has no business doing the project, that it is not needed, and
they want it stopped. Mr. Wiggins declared he did not feel the project
could stop; the decision had been made to move forward with the Master
Plan, and he felt it was the correct decision.
Mrs. Noll stated that the Yorktown Steering Committee had met, and
the same issues were aired regarding the Yorktown Master Plan. She then
reported on the Chamber of Commerce's Legislative Breakfast and the
joint meeting with the Industrial Development Authority (IDA). During
the meeting with a IDA, a good presentation on the Aviation World's Fair
was provided. Mrs. Noll indicated she was currently serving on the
Virginia Association of Counties' Transportation Committee, and she
stated that transportation in the Commonwealth is underfunded. She
reported on the features of the Safety Town program offered for
pre-kindergarten children and gave the dates, times, and locations of
the program.
Mr. Ashe reported on the meeting he arranged with a Commonwealth
Transportation Board member in reference to the Yorktown Waterfront
Project. The County submitted two requests for grant funding-one for the
waterfront beach trail and the other for the wharf. The County was
informed that its application was very highly rated, and he will find
out on Thursday the amount of funding the County will get, which could
be a considerable sum. Mr. Ashe also reported on the joint meeting with
the IDA and the discussion on the fuel farm. He stated he met with the
Department of Housing and Community Development, the Virginia Housing
Development Authority, and had an opportunity to have a meeting with the
Secretary of Commerce. He also visited with the Deputy Secretary of
Commerce, Mr. Josh Lee, who was working on getting the fuel farm
released. He revisited the sewer tap fees that were discussed several
meetings ago and stated staff had provided him with the specifications
on those fees. He explained that when new sewers are installed, the
citizens need to consider paying the connection fee within the 90-day
period offered, including the tap fees for any additional lots, in order
to receive the discounted installation fee. He noted that this week was
Emergency Medical Services Week, and he encouraged recognition of
emergency medical personnel, both in York County and nationwide.
Chairman Burgett thanked Mr. Ashe for his exemplary efforts and
assistance in trying to obtain $2.5 million in grants for the waterfront
projects. He commented on the joint IDA meeting and stated the Board had
asked the IDA to look at the feasibility of constructing another shell
building. He stated the Board's number one goal was economic
development. He noted that on Thursday, May 17, the IDA and the Office
of Economic Development were sponsoring Business Appreciation Week. He
also reported that the York County Historical Committee had worked
diligently to raise money for the York County War Memorial that will be
located in front of York Hall. The dedication to honor York County's
veterans will be at 2:00 p.m. on Monday, May 28.
UNFINISHED BUSINESS
Mr. McReynolds made a brief presentation on proposed Resolution
R01-79 to consider authorizing the expenditure of $90,000 for Phase II
of the Communications System Upgrade Project from the Contingency Fund.
Chairman Burgett reminded the Board that this was the third
presentation on the matter, and he asked for questions from the Board.
Mr. Wiggins stated the citizen opinion surveys in the County have
shown that the citizens are very satisfied with the Sheriff's
Department, Fire Department, Emergency Medical Services, and the
schools. He felt the need for the radio system upgrade to provide quick
response time was apparent and that the County had adequately grown to
justify the purchase of the communication system.
Mr. Ashe stated he had taken this issue very seriously and spent a
considerable amount of time researching the issue including talking to
other localities. He discovered that the 800 mega-hertz system was
definitely the system for the present and immediate future. He felt it
was appropriate to proceed with the upgrade of the system. He felt the
resolution should be modified to make the decision to proceed with the
project rather than a resolution to approve the final amount.
Mr. McReynolds explained that the $90,000 would cover the design
phase as well as the implementation portion. He felt it was the most
economical way to procure services. He did not believe there would be a
significant difference in the amount of cost over the design. He stated
the majority of the work has to be done in the design phase.
Mr. Terry Hall, Communications Manager, stated Mr. McReynolds'
explanation was correct and that the contract would state an "up
to" amount. Also, the contractor would be paid in phases.
Mr. Zaremba stated the Board needed to be informed at each phase
of the process.
Chairman Burgett stated the responsibility of the Sheriff, the
Fire Chief, and the Board is to look into the future. The current system
was adequate for the previous years, but the technology of the system is
old. He stated the Board was looking towards the future, and he was in
favor of the new communications system upgrade.
Mrs. Noll then moved the adoption of proposed Resolution R01-79
that reads:
A RESOLUTION TO AUTHORIZE THE EXPENDITURE OF UP TO $90,000 FROM
THE CONTINGENCY RESERVE FOR PHASE II OF THE JOINT RADIO COMMUNICATIONS
UPGRADE PROJECT AND TO AUTHORIZE THE COUNTY ADMINISTRATOR TO PROCURE
THE SERVICES NECESSARY FOR PHASE II
WHEREAS, the communications system currently in use has exceeded
its expected useful life and some components of the system are in excess
of twenty years old and the manufacturer is beginning to phase out
support of this technology and it is becoming difficult to find
replacement parts; and
WHEREAS, a recently completed communications system study
recommends that the County replace the current radio communications
system and upgrade to 800 megahertz technology and integrate
capabilities such as mobile data technology and computer aided dispatch;
and
WHEREAS, James City County has conducted a similar needs
assessment for their radio communications system and is prepared to move
forward with a cooperative regional approach between York County, James
City County, and possibly other surrounding locations, for system
design, procurement, sharing of infrastructure and equipment; and
WHEREAS, funds sufficient for the County's participation in Phase
II of the joint Radio Communications Upgrade Project are available from
the Contingency Reserve;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 15th day of May, 2001, that $90,000 be, and hereby
is, authorized for expenditure from the Contingency Reserve for York
County's share of Phase II of the joint Radio Communications Upgrade
Project and that the County Administrator be, and hereby is, authorized
to do all things necessary to procure the services for Phase II.
On roll call the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
CONSENT CALENDAR
Mrs. Noll moved the adoption of the Consent Calendar, Item Nos. 5,
6, 7, 8, 9 and 10 respectively.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, 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:
April 3, 2001, Adjourned Meeting
April 3, 2001, Regular Meeting
April 17, 2001, Regular Meeting
April 24, 2001, Adjourned Meeting
April 24, 2001, Adjourned Meeting
Item No. 6. VACUUM SEWER SYSTEM AGREEMENT: HOWARDS LANDING
SUBDIVISION: Resolution R01-103.
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S VACUUM
SEWER COLLECTION SYSTEM TO A PROPOSED SUBDIVISION OF PROPERTY ON KINGS
GRANT DRIVE, AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE THE
NECESSARY PUBLIC SEWER EXTENSION AGREEMENT
WHEREAS, Clinton C. Gardner has requested that the County allow
the extension of the vacuum sewer collection system to support a
proposed Subdivision on Assessor's Parcel No. 30-99; and
WHEREAS, the subdivision will create two 1.03 acre lots from a
single 2.06 acre parcel; and
WHEREAS, upon approval of the subdivision's development plan, the
developer will have to enter into a public sewer extension agreement
pursuant to §18.1-53(b) of the York County Code to serve the proposed
development; and
WHEREAS, it has been determined that sufficient capacity exists in
the County's vacuum sewer collection system to serve the proposed
development, or will exist when the facilities proposed by the developer
are constructed; and
WHEREAS, the Board has determined that the proposed development
will not have any detrimental effect on the environment that would not
otherwise occur; and
WHEREAS, the developer will pay to the County the applicable
inspection and connection fees in accordance with the terms of Chapter
18.1 of the York County Code and the Sanitary Sewer Standards and
Specifications; and
WHEREAS, prior to any further engineering or development of these
plans, it is necessary that a determination be made as to whether the
Board will authorize the extension of the vacuum sewer collection system
to serve the proposed development;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 15th day of May, 2001, that the Board approves the
extension of the County's vacuum sewer collection system to serve the
proposed subdivision, and that the County Administrator be, and he
hereby is, authorized to execute a public sewer extension agreement with
the developer for the proposed extension; such agreement to be approved
as to form by the County Attorney.
Item No. 7. SANITARY SEWER PROJECT ENGINEERING SERVICES CHANGE
ORDER - TIDEMILL ROAD: Resolution R01-101.
A RESOLUTION TO APPROVE THE PROCUREMENT OF ADDITIONAL
ENGINEERING SERVICES FOR THE TIDEMILL ROAD SANITARY SEWER PROJECT
WHEREAS, it is the policy of the Board of Supervisors that all
procurements of goods and services by the County involving the
expenditure of more than 10% of the contract amount be submitted to the
Board for its review and approval; and
WHEREAS, the County Administrator has determined that the
following procurement is necessary and desirable, that it involves the
expenditure of more than 10% of the contract amount, and all applicable
laws, ordinances, and regulations have been complied with;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 15th day of May, 2001, that the County
Administrator be, and hereby is, authorized to conclude procurement
arrangements for the following:
AMOUNT
Tidemill Road Sanitary Sewer
Project
$30,545.00
(McKim and Creed P.C.)
Item No. 8. PUBLIC SEWER EXTENSION AGREEMENT - CARTWRIGHT FAMILY
SUBDIVISION: Resolution R01-80.
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY
SEWER SYSTEM TO A PROPOSED DEVELOPMENT KNOWN AS THE CARTWRIGHT FAMILY
SUBDIVISION, AND AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC SEWER
EXTENSION AGREEMENT
WHEREAS, Davis W. Cartwright, IV and Joy S. Cartwright have
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 to be known as the Cartwright Family
Subdivision; 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
$5,625.00;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 15th day of May, 2001, that the Board approves the
extension of the County's public sewer system to serve the proposed
development, Cartwright Family Subdivision, and that the County
Administrator be, and he hereby is, authorized to execute a public sewer
extension agreement with Davis W. Cartwright, IV and Joy S. Cartwright
for the proposed extension; such agreement to be approved as to form by
the County Attorney.
Item No. 9. REFUND OF TAXES: Resolution R01-94.
A RESOLUTION AUTHORIZING PAYMENT OF PARTIAL REFUND OF BUSINESS
LICENSE TAX TO HAND N HEART LLC
WHEREAS, York County Code § 21-7.3 requires approval from the
Board of Supervisors for the payment of any refund of taxes, penalties
and interest in excess of $2,500.00; and
WHEREAS, Hand N Heart LLC has made application to the Commissioner
of the Revenue for a refund of a portion of the business license tax
paid for in the year 2001, by virtue of the cessation of business in
York County pursuant to York County Code § 14-13; and
WHEREAS, the Request for Tax Refund has been approved and
recommended by the Commissioner of the Revenue, the Treasurer, and the
County Attorney;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 15th day of May, 2001, that the Commissioner of the
Revenue is authorized to refund to Hand N Heart LLC business license
taxes for 2001 in the amount of $2,939.67, together with interest in the
amount of $24.49, totaling $2,964.16.
Item No. 10. COMMENDATION OF THE 2001-2001 YOUTH COMMISSION:
Resolution R01-74.
A RESOLUTION TO COMMEND THE 2000-2001 YORK COUNTY YOUTH
COMMISSION AND TO EXPRESS THE APPRECIATION OF THE BOARD OF SUPERVISORS
TO EACH INDIVIDUAL MEMBER FOR THEIR DEDICATED SERVICE TO YORK COUNTY
WHEREAS, the Board of Supervisors established the York County
Youth Commission in 1983; and
WHEREAS, the following youth,
Daniel Shean, Chairman
Landon Haywood, Vice Chairman
Lindsay Jones, Secretary
Lindsay Bowman
Sara Brown
Joseph Caulkins
Alex Horsley
Adam Parker
Chrissy Pinnell
Ryan Touhill
have served with distinction on the 2000-2001 York County Youth
Commission; and
WHEREAS, the Board of Supervisors is extremely pleased with the
worthwhile activities undertaken by the Youth Commission this past year
and wishes to publicly recognize the members for their accomplishments,
which include:
Presenting quarterly activity reports to the Board of Supervisors;
Co-sponsoring the County's first Youth Week event featuring a
nationally known youth speaker and author who addressed the importance
of character development to students in school assemblies and also with
parents at two evening community meetings;
Participating in Youth Week's Youth Volunteer Day by assisting at
the "D.A.R.E. Race Against Drugs" event for children and
families;
Distributing hundreds of American flags and brochures during the
2000 Yorktown Day Celebration;
Assisting the Historical Committee with the 2000 Christmas
Tree-Lighting Ceremony in Yorktown;
Providing children's clothes to the Salvation Army to assist needy
families in the County during the holiday season;
Sponsoring a County-wide dance at Grafton High School in January
that was attended by more than 900 students from all four public high
schools;
Contributing, on behalf of the County's youth, $1,500 dollars from
the proceeds of this dance to support next year's Youth Week event
scheduled for December;
Hosting an afternoon of "Valentine Bingo" at the Senior
Center of York, providing prizes and refreshments that were enjoyed by
the young and young-at-heart alike;
Organizing a day long ski trip to the Wintergreen Ski Resort for
county high school aged youth that was thoroughly enjoyed by all who
went;
Making revisions to the Youth Commission's Internet Web site;
Assisting the Historical Committee in its welcoming reception for
the 2001 exchange students from the County's sister city of Zweibrucken,
Germany;
Co-sponsoring the annual Outstanding Youth Awards program with the
Board of Supervisors and honoring the award recipients with a reception
and formal presentation in May;
Laying the groundwork for Youth Forums next year where members of
both the Board of Supervisors and School Board will visit classes in
each of the county's public high schools and converse with students
about matters of importance to youth;
Taking part in VDOT's "Adopt-a-Highway" program by
agreeing to periodically cleanup the shoulder areas along a two-mile
stretch of Goodwin Neck Road;
Sponsoring a Youth Commission Logo Contest through the art
departments at county high schools and local private schools in an
effort to increase the commission's visibility and effectiveness for the
county's youth;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors on this the 15th day of May, 2001, that the 2000-2001 York
County Youth Commission members be, and they hereby are, congratulated
for their dedicated service to York County and commended for an
outstanding year;
BE IT STILL FURTHER RESOLVED that the York County Board of
Supervisors hereby extends its best wishes for continued success to
these leaders of today and tomorrow.
NEW BUSINESS
MANAGEMENT AGREEMENT WITH THE YORK TOWN TRUSTEES
Mr. McReynolds made a presentation on proposed Resolution R01-89
to authorize the execution of a joint agreement between the Board of
Supervisors and the Trustees of the Town of York pertaining to the use,
management, and maintenance of the Trustees' property on the Yorktown
Waterfront.
Mr. Barnett explained the conditions set forth in the agreement
and indicated the Trustees had approved the proposed agreement.
Mrs. Noll expressed her appreciation to Edith Elliott, Vice-Chair
of the Trustees, who worked diligently to try to reach a consensus with
the Trustees. She stated that the County and the Trustees owed her a
debt of gratitude for allowing the Board to move forward on the Master
Plan.
Mr. Zaremba stated he did not see any amendment provisions for the
possibility of the Trustees subsequently wanting to amend the agreement.
He asked if they were precluded from making a future amendment to the
contract.
Mr. Barnett stated even without the amendment language, the
parties could come together and amend the agreement mutually.
Mr. Wiggins then moved the adoption of proposed Resolution R01-89
which reads:
A RESOLUTION TO AUTHORIZE THE EXECUTION OF A JOINT AGREEMENT
BETWEEN THE YORK COUNTY BOARD OF SUPERVISORS AND THE TRUSTEES OF THE
TOWN OF YORK PERTAINING TO THE USE, MANAGEMENT AND MAINTENANCE OF THE
TRUSTEES' PROPERTY ON THE YORKTOWN WATERFRONT
WHEREAS, the York County Board of Supervisors and the Trustees of
the Town of York entered into certain written agreements, dated February
9, 1978; April 1, 1982, and October 29, 1987, wherein the parties set
out certain understandings concerning the Yorktown water-front property
controlled by the Trustees; and
WHEREAS, the Board and the Trustees wish to continue the
partnership established by these previous agreements; and
WHEREAS, the Board and the Trustees have negotiated a replacement
agreement to re-define the rights, privileges and obligations of both
parties with respect to the waterfront property; and
WHEREAS, the Board and the Trustees recognize and acknowledge that
each would benefit from a cooperative effort with the other with respect
to improvement of the Yorktown waterfront, and the Board further
recognizes and acknowledges that the Trustees constitute a viable entity
which, by working with the Board under the terms and conditions of the
proposed agreement, can help facilitate the desired improvement of the
Yorktown waterfront.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this the 15th day of May, 2001, that the Chairman or the
County Administrator be, and they are hereby, authorized to execute the
proposed Joint Agreement with the Trustees of the Town of York as
approved by the Trustees of the Town of York at their meeting of May 7,
2001, and as approved by the County Attorney.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
SHORT-TERM AGREEMENT WITH THE NATIONAL PARK SERVICE FOR THE ARCHER
COTTAGE PARKING LOT
Mr. McReynolds made a presentation on proposed Resolution R01-76
to authorize the County Administrator to execute an agreement with the
National Park Service regarding the construction of the Archer Cottage
parking lot.
Mr. Wiggins asked about the timeframe in which the parking lot
would be finished.
Mr. Robert S. Kraus, Yorktown Projects Manager, stated there was
no authority to build the lot today because it belonged to the National
Park Service. He explained that the parcel is one of the pieces of
property the County plans to exchange with the National Park Service,
and that exchange could take six months to several years to complete. He
explained this contract bridges between today and when the land exchange
can be completed, and gives the County the authority to build the
parking lot today. It would be a five-year agreement and, if the land
exchange is not completed, the agreement can be renewed in five-year
increments.
Mr. Wiggins asked about the parking area in front of The Pub and
the possible elimination of those spaces.
Mr. Kraus stated the new parking lot would be built before any
additional parking would be removed.
Mrs. Noll then moved the adoption of proposed Resolution R01-76
which reads:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AN
AGREEMENT WITH THE NATIONAL PARK SERVICE REGARDING THE CONSTRUCTION OF
THE ARCHER COTTAGE PARKING LOT
WHEREAS, the Yorktown Capital Improvement Program includes a
project to construct a new parking lot on property owned by the National
Park Service; and
WHEREAS, the Board would like to secure an easement from the
National Park Service for this project since it will be on federal
property; and
WHEREAS, staff is in the process of negotiating the terms and
conditions for the acquisition of the necessary easement which will not
acquired for some time; and
WHEREAS, it has been determined that, in order to proceed with the
project in a timely manner, a short-term agreement may be entered in to
with the National Park Service allowing the County to construct and
operate a parking lot on property located at the southeast corner of
Water and Read Streets in Yorktown, with such agreement terminating upon
receipt of the above referenced easement;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 15th day of May, 2001, that the County
Administrator be, and he is hereby, authorized to execute a short-term
license agreement with the National Park Service substantially the same
as the draft agreement as attached to the March 29, 2001, memorandum to
the Board of Supervisors from the County Administrator for the
construction and operation of a parking lot in Yorktown located on
property owned by the National Park Service at the southeast corner of
Water and Read Streets, such agreement to be approved as to form by the
County Attorney.
On roll call the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
CLOSED MEETING. At 10:14 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.
On roll call the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Meeting Reconvened. At 10:18 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 15th day of May, 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: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
APPOINTMENT TO THE THOMAS NELSON COMMUNITY COLLEGE BOARD
Mrs. Noll moved the adoption of proposed Resolution R01-96 which
reads:
A RESOLUTION TO APPOINT A YORK COUNTY REPRESENTATIVE TO THE
THOMAS NELSON COMMUNITY COLLEGE BOARD
BE IT RESOLVED by the York County Board of Supervisors this the
15th day of May, 2001, that William C. Monroe be, and is hereby,
reappointed as the York County representative to the Thomas Nelson
Community College Board for a term of four years, such term to begin
July 1, 2001, and expire June 30, 2005.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
Meeting Adjourned. At 10:20 p.m. Chairman Burgett declared
the meeting adjourned to 6:00 p.m., Tuesday, May 22, 2001, in the East
Room, York Hall, for the purpose of conducting a work session.
_____________________________
_______________________________
James O. McReynolds, Clerk
James S. Burgett, Chairman
York County Board of Supervisors
York County Board of Supervisors
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