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Regular Meeting
December 4, 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, December 4,
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 Thomas G. Shepperd.
Also in attendance were James O. McReynolds, County Administrator;
and James E. Barnett, County Attorney.
Invocation. Miss Chrissy Pinnell, York County Youth
Commission, gave the Invocation.
Pledge of Allegiance to the Flag of the United States of
America. Chairman Burgett led the Pledge of Allegiance.
PRESENTATIONS
INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARDS AND COMMISSIONS
Chairman Burgett introduced and welcomed Mr. Joseph R. Ambrose,
Jr., as a newly appointed member of the Regional Issues Committee
representing York County, and presented him with a York County pin and
Boards and Commissions Handbook.
YORK COUNTY YOUTH COMMISSION
Mr. Ryan Touhill, Chairman of the 2001-2002 Youth Commission,
provided the Board with the Commission's second quarterly report. He
explained that the other Commissioners were not present this evening due
to another activity they were involved in for Youth Week. He thanked the
Board for its support of the Youth Week activities, and explained the
different functions taking place this week. Mr. Touhill noted other
projects the Youth Commission was involved in recently and will be in
the near future include the October 19 Yorktown Day Celebration, the
Holiday Tree Lighting Ceremony, the Adopt-A-Highway Program on Goodwin
Neck Road, and the conduct of a County-wide student survey in early
2002.
HAMPTON ROADS PLANNING DISTRICT COMMISSION
Mr. John Whaley, Deputy Executive Director, Economics, Hampton
Roads Planning District Commission (HRPDC), made a presentation to the
Board on the 2001 recession which the U. S. entered in March of 2001
after experiencing expansion for the last 10 years. He noted that
Hampton Roads lost 7,000 jobs between March and October of 2001, but the
region's unemployment rate has begun to rise and remains below the U.S.
rate. The number of persons out of work is growing, and the number of
persons filing initial unemployment claims is rising as well. The events
of September 11 damaged retail sales in the region, yet auto dealers
have had the best October on record because of the 0 percent financing
offer. The sale of new homes has continued strong because of the current
low interest rates, and the sale of existing homes has held at a high
level also. Mr. Whaley stated that given the history of the length of
recessions since World War II, the current recession should last no
longer than eight more months. The Survey of Professional Forecasters
from the Federal Bank predicts recovery in early 2002. The HRPDC expects
that the region's economy will experience a continuation of the existing
slow-down well into next year, but it is not likely to be exacerbated by
the loss of military personnel from the region. Recovery is likely by
next summer, just in time to ensure a good tourist season. Local
government revenues may be less than projected in current budgets, but
next year should be better.
Discussion followed on the unemployment rate on the Peninsula.
Mr. Zaremba stated he did not share the optimism concerning the
tourism industry because the Historic Triangle depends on tourism. He
asked Mr. Whaley how he feels the tourism industry in the region has
been impacted since September 11.
Mr. Whaley stated the tourism industry is fairly significant in
this area, but pales in comparison to the military in terms of numbers
of people employed and dollars spent. So many of the people in the
industry have part-time jobs, and it adds to the region's income and to
the per capita basis. He stated he feels everyone has been hurt by the
events of September 11, but it has probably worked to this region's
favor in that it is a drive-to destination and not a fly-to destination.
Mr. Zaremba indicated he talks to hotel owners on a daily basis in
Williamsburg, and by all their reports for the last year and beyond
tourism has been off, especially since September 11. He stated he was
trying to determine from Mr. Whaley if he shared his observation that in
the last couple of years tourism has been flat.
Mr. Whaley indicated for the past 2-3 years the tourist industry
has been pretty flat for Colonial Williamsburg.
Mr. Zaremba noted that at the Board's legislative breakfast the
day before Senator Norment had indicated that tourism had been up over
the last year.
Mr. Whaley spoke of the disadvantage that historical sites have
over other recreational sites because they cannot add to what they have
already, and maybe the Colonial Williamsburg numbers play into that
theory.
Mr. Shepperd asked Mr. Whaley how citizens could get copies of his
presentation.
Mr. Whaley stated he would have the information placed on the
HRPDC website, hrpdc.org.
CITIZENS COMMENT PERIOD
Mrs. Bonnie Karwac, Chairman of the York County Historical
Committee, invited everyone to the annual Holiday Tree Lighting Ceremony
this coming Friday evening. The program will start at 6:15 p.m. at the
Victory Monument with a parade down Main Street to York Hall where Mr.
Burgett will welcome the group, and there will be caroling and a visit
by Santa Claus. She stated everyone will then be invited to the lighted
boat parade afterwards. Mrs. Karwac noted that the attendees will not be
able to use the usual candles and luminaires this year, and she
encouraged attendees to bring flashlights. She then indicated that on
Saturday there would be the Homes Tour between 10:00 a.m. and 6:00 p.m.
by ticket only. She also invited everyone to visit the Historical
Committee's museum in York Hall while they are visiting Yorktown
Saturday.
Mrs. Jeanette Carter, 819 Baptist Road, appeared to get some
information as to how her address was changed by the County.
Chairman Burgett indicated staff would provide an answer to her as
soon as possible.
Mrs. Carter then addressed correspondence she had received from
the Department of Environmental and Development Services concerning a
car that was on her property across the street. She indicated it
belonged to a man who was trying to fix it. She stated the man is not
doing anything wrong, but is just trying to fix the car. She also stated
she would like to meet with Mrs. Noll about her granddaughter who is
being neglected, and Social Services won't do anything to help.
Chairman Burgett stated staff would have someone contact her as
soon as possible.
Ms. Laura Olson, 407 Brokenbridge Road, addressed her concern
about the proposed King property development behind her property and its
impact on Edgehill's drainage problems. She stated the property includes
a large area of forested wetlands which will be eliminated by the
development. At present the property acts like a sponge for the
drainage, but with apartments going up there will be pavement and runoff
that has nowhere to go but into the Edgehill subdivision. Ms. Olson
asked the Board to take a serious look at the Edgehill community and its
drainage issues and try to find a way to protect the homes and eliminate
some of the future problems of flooding.
Mr. Rob Farrell, 403 Brokenbridge Road, also addressed the King
property development, stating he was not trying to prevent the King's
from developing their property. He stated the Edgehill community was
just trying to make sure their properties are protected at the same
time. He stated they didn't want future problems after the developers
have left. He stated the biggest issue is the increased potential for
flooding after the development is in place. The retention pond is
located in the drainage way in the Edgehill neighborhood, and this
increases the potential for the community to flood. Mr. Farrell stated
someone, other than the developer's engineers, who was unbiased should
be looking at the numbers dealing with the runoff. He indicated the
second problem is the 75-foot buffer that is not being honored. He
stated it has been eliminated, and the requirement is now only 50 feet.
The residents feel there should be some community input and review for
such a change in setback, and he asked the Board to direct staff to
address these concerns before the development is allowed to proceed.
Mr. Harry E. Ramsay, 300 Brokenbridge Road, stated he addressed
the Board about a year ago about the concerns of the residents of
Edgehill and Burnt Bridge regarding drainage and flooding. He stated
that since that time much interfacing has been accomplished between the
County staff and engineers. The main concerns of the residents are those
of Supervisor Don Wiggins which are drainage and the 75-foot setback. He
stated that on December 18 a citizens group plans to attend the Board
meeting to support Mr. Wiggins in his request that any building permit
from the County be set aside until the issues have been addressed on the
main topics.
Mr. Dick Ambrose, 205 Marl Ravine Road, spoke in favor of the King
development, stating he feels it will be good for the area. He spoke
about how Patriot Square shopping center is a depressed area because of
the lack of people living in the area to support it. He stated the Board
of Supervisors should encourage and promote businesses and encourage
other investments to come into the area. Mr. Ambrose stated he felt the
project was a win/win situation for the County.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett indicated the submission has not yet been made to the
Justice Department on redistricting. The necessary statistics are being
generated by the Planning Division, and they should have that
information soon. He noted that the Justice Department was no longer
receiving paper submissions, and there were some difficulties making the
submission electronically.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds reminded the Board members about the work session
on December 11 to discuss the Utilities Strategic Capital Plan. He also
reminded them that the first meeting of the new year would be held on
Wednesday, January 2, since the holiday was on the first Tuesday. He
noted that the Board members had been sent a draft copy of the Calendar
and Schedule for 2002 and that it included the proposed budget calendar.
He asked the Board members to review it for any potential conflicts.
MATTERS PRESENTED BY THE BOARD
Mrs. Noll thanked the School Board for meeting with the Board of
Supervisors last week, stating she felt it was a good sharing of
information on the revenue forecast for the next budget cycle, and it
looked like the Board would be able to give the schools an additional
$1.7 million for the next budget. She indicated the Board also met with
the County's legislative delegation this week at which time there was
some discussion about transportation and Route 17.
Mr. Shepperd spoke of the need for residents to make sure their
pets are properly tagged and collared. He noted a recent incident where
a young child was bitten by a cat that had no collar, and now the cat
would probably be put to sleep, and the child will likely have to go
through the rabies treatments because no one knows if the cat has an
owner or if it has had its shots. Mr. Shepperd asked staff to provide
guidance to the citizens on how to make sure their animals are safe.
Meeting Recessed. At 7:54 p.m. Chairman Burgett declared a short
recess.
Meeting Reconvened. At 8:02 p.m. the meeting was reconvened
in open session by order of the Chair.
PUBLIC HEARINGS
LEASE AGREEMENT FOR THE YORK COUNTY HISTORICAL MUSEUM
Mr. McReynolds made a presentation on proposed Resolution R01-216
to authorize the execution of a lease agreement between the County of
York and the York County Historical Museum.
Mr. Wiggins asked what the $30,000 would be used for in terms of
repairs and upgrades.
Mr. McReynolds stated it would be used for the parking area, the
air-conditioning system, and handicapped accessibility. He indicated
staff did not anticipate any other costs other than those staff incurs
to maintain the Mapp property today.
Mr. Wiggins asked if anything was being done to the building
structurally.
Mr. McReynolds stated there would be only minimal changes. He
indicated Mrs. Karwac was present and could address specifics.
Mrs. Bonnie Karwac, York County Historical Museum Board, indicated
the Museum Board was trying to make as few alterations to the structure
as possible, but certain work will need to be done to doorways to make
the building handicapped accessible.
Mr. Wiggins then explained for the benefit of the citizens how the
Mapp property was going to be used for a museum, and he stated he felt
it was going to be a great addition to York County.
Mr. Zaremba commended the Historical Committee for taking on this
task. He asked if the agreement was saying that the County wouldn't have
to pay over $30,000 a year more than what the costs are for the museum.
Mr. McReynolds indicated the $30,000 is a one-time appropriation
for the repairs and upgrades. About $3,000 a year is spent by the
County for utility costs.
Mr. Zaremba indicated it looked like the museum would be using a
lot of volunteers, and he asked Mrs. Karwac what the budget was for the
first year of operation.
Mrs. Karwac noted that there was a provision in the agreement for
paid personnel as an option, but the individual or individuals would
have to be paid for by the museum and not the County. There are no plans
at the present time to hire any paid employees. Mrs. Karwac indicated
the Museum has a nest egg of $19,000 to get the museum going.
Mr. Zaremba expressed his opinion that the County and the
Historical Committee should be very concerned about whether or not the
museum will be operated making a profit. Most museums have their busiest
days on the weekends, yet the suggested schedule shows the museum closed
on Sundays.
Mrs. Karwac indicated the Museum Board wished to include Sunday
afternoons in the schedule, and had also asked for a seasonal provision.
She stated the museum would be happy to open for a special group and
would do everything it could to accommodate the people wanting to see
the museum.
Mr. Shepperd asked if citizens could make donations of artifacts
to the museum.
Mrs. Karwac stated the museum encouraged donations, noting the
only constraint would be storage space. She stated there is a lot of
history that the residents could share with the museum.
Discussion followed on the possibility of the public loaning
certain artifacts.
Mr. Shepperd stated that a museum is a great tourist draw, and
recycling the artifacts is a good way to keep the museum fresh.
Chairman Burgett spoke of the museum's security and asked Mr.
Barnett who would be responsible for paying the cost of rekeying the
building.
Mr. Barnett indicated the agreement stated the County was
responsible for equipping the facility with locks.
Chairman Burgett asked who would take over the garden once the
current lease was up.
Mrs. Karwac stated that in the event the current lessee did not
want to continue keeping the garden, it was her hope that the County's
Master Gardeners might like to take it over.
Chairman Burgett then called to order a public hearing on proposed
Resolution R01-216 which was duly advertised as required by law and is
entitled:
A RESOLUTION TO AUTHORIZE EXECUTION OF A LEASE AGREEMENT BETWEEN
THE COUNTY OF YORK AND THE YORK COUNTY HISTORICAL MUSEUM
There being no one present who wished to speak concerning the
subject resolution, Chairman Burgett closed the public hearing.
Mrs. Noll moved the adoption of proposed Resolution R01-216 that
reads:
A RESOLUTION TO AUTHORIZE EXECUTION OF A LEASE AGREEMENT BETWEEN
THE COUNTY OF YORK AND THE YORK COUNTY HISTORICAL MUSEUM
WHEREAS, the York County Historical Committee has long planned a
Museum for the County, and the Board of Supervisors desires to support
such an effort; and
WHEREAS, County staff has worked with the Historical Committee to
design an appro-priate corporate organizational structure, and such
documents as Bylaws, Articles of Incorpo-ration, and a provisional
corporate Board to establish and operate a Museum, have been pre-pared;
and
WHEREAS, a location and structure, owned by the County and
suitable for such a Museum, has been identified; and resources
sufficient and appropriate for necessary repairs and upgrades to the
structure are available from the Tourism-designated lodging tax
revenues; and
WHEREAS, it is the desire of the Board to enter into a Lease
Agreement with the York County Historical Museum Board of Directors for
a house, auxiliary buildings, and adjacent property; and a public
hearing on the proposed Lease Agreement, as required under the Code of
Virginia, has been properly advertised and conducted on December 4,
2001;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 4th day of December, that the County Administrator be,
and he hereby is, authorized to exe-cute a lease agreement between the
County of York and Museum Board of Directors for occu-pancy of the
County-owned property referred to as the "Mapp House" and
adjacent grounds located at 619 Cook Road, Yorktown, for use as an
Historical Museum.
On roll call, the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Shepperd, Burgett
Nay: (0)
EXEMPTION FROM E911 TAX FOR NURSING HOME RESIDENTS
Mr. Barnett made a presentation on proposed Ordinance No. 01-22 to
amend the York County Code to provide for an exemption from the tax for
the Enhanced 911 Emergency Telephone System for residents of nursing
homes or similar adult care facilities. He recommended an amendment
stating that residents of the facilities should notify the County
Department of Fire and Life Safety instead of the telephone company
concerning eligibility for the exemption.
Mr. Shepperd asked how new residents of these facilities will know
to ask about the exemption.
Mr. Barnett stated the Department of Fire and Life Safety will
send out a notice to nursing homes and other notices periodically to
remind them.
Chairman Burgett then called to order a public hearing on proposed
Ordinance No. 01-22(R) which was duly advertised as required by law and
is entitled:
AN ORDINANCE TO AMEND SECTION 21-90 OF THE YORK COUNTY CODE
PROVIDING AN EXEMPTION FROM THE TAX FOR ENHANCED 911 EMERGENCY TELEPHONE
SYSTEM FOR RESIDENTS OF NURSING HOMES OR SIMILAR ADULT CARE FACILITIES
There being no one present who wished to speak concerning the
subject ordinance, Chairman Burgett closed the public hearing.
Mrs. Noll moved the adoption of proposed Ordinance No. 01-22(R)
that reads:
AN ORDINANCE TO AMEND SECTION 21-90 OF THE YORK COUNTY CODE
PROVIDING AN EXEMPTION FROM THE TAX FOR ENHANCED 911 EMERGENCY TELEPHONE
SYSTEM FOR RESIDENTS OF NURSING HOMES OR SIMILAR ADULT CARE FACILITIES
BE IT ORDAINED by the York County Board of Supervisors, this 4th
day of December, 2001, that section 21-90, York County Code, be and it
is hereby amended to read and provide as follows:
Sec. 21-90. Imposed.
Pursuant to the provisions of section 58.1-3813.1, Code of
Virginia, there is hereby imposed a special tax of two dollars and
eighteen cents ($2.18) per month on each consumer of telephone service
for each telephone line provided by any corporation subject to the
provisions of chapter 26, title 58.1, Code of Virginia; provided,
however, that this tax is not imposed on federal, state or local
government agencies, or on any consumers of any commercial mobile radio
service, as such term is defined in Code of Virginia section 56-484.12,
or on any subscriber of individual telephone service who resides in a
nursing home or similar adult care facility. Residents of nursing homes
and similar adult care facilities shall notify the County Department of
Fire and Life Safety of the individual's eligibility for the exemption
from the tax, and upon request shall provide the County with
documentation satisfactory to the County of entitlement to the
exemption.
On roll call, the vote was:
Yea: (5) Noll, Wiggins, Shepperd, Zaremba, Burgett
Nay: (0)
DARE SEWER/WATER PROJECT-SECTION 4
Mr. Barnett made a presentation on proposed Resolution R01-211 to
declare the intent of the York County Board of Supervisors to enter and
take necessary easements in connection with the construction of the Dare
Sewer/Water Project, Section 4.
Chairman Burgett called to order a public hearing on proposed
Resolution R01-211 which was duly advertised as required by law and is
entitled:
A RESOLUTION DECLARING THE NECESSITY TO ENTER UPON AND TAKE
CERTAIN EASEMENTS IN CONNECTION WITH THE DARE SEWER/WATER
PROJECT-SECTION 4
There being no one present who wished to speak concerning the
subject resolution, Chairman Burgett closed the public hearing.
Mrs. Noll moved the adoption of proposed Resolution R01-211 that
reads:
A RESOLUTION DECLARING THE NECESSITY TO ENTER UPON AND TAKE
CERTAIN EASEMENTS IN CONNECTION WITH THE DARE SEWER/WATER
PROJECT-SECTION 4
WHEREAS, it is necessary to obtain certain easements in connection
with the Dare sewer/water project, Section 4; and
WHEREAS, for various reasons, the County is not able to obtain
from the owners of such property clear title to the interests in real
estate necessary, or no agreement has been reached as to the
consideration to be paid for the said interests; and
WHEREAS, plats of the interests in real property to be acquired
have been prepared by AES Consulting Engineers and appraisals of such
interests have been prepared; and
WHEREAS, § 15.2-1905 E, Code of Virginia, authorizes the Board to
adopt a resolution following a public hearing on the matter declaring
its intent to enter and take specified properties, rights-of-way or
easements for such purposes as constructing, installing, expanding,
maintaining, or repairing pipelines, meter boxes, pumps, or any other
appurtenances to a sewerage disposal and water system.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 4th day of December, 2001, that the Board finds that it
is necessary for the protection and preservation of the public health,
safety and welfare, and for the timely completion of the Dare
sewer/water project-Section 4, for the County, its officers, employees
and agents to enter upon and take the interests in real property
described below prior to the initiation of condemnation proceedings.
BE IT FURTHER RESOLVED that the interests to be taken, and the
compensation and damages, if any, offered by the County for each are the
following, which interests are more particularly described on the plats
attached to the Report of the County Attorney dated November 9, 2001,
and incorporated herein by this reference:
Tax Parcel 25-432 A permanent utility easement as shown on a plat
entitled "Plat of Easement Conveyance From: Frances B. Riley, To:
The County of York, Virginia, Project: Dare Vacuum Sewer," dated
July 25, 2001, prepared by AES Consulting Engineers and designated as
"Permanent Utility Easement." Value offered to Owner:
$7,805.00.
Tax Parcel 25-488 A permanent utility easement as shown on a plat
entitled "Plat of Easement Conveyance From: Frances B. Riley, To:
The County of York, Virginia, Project: Dare Vacuum Sewer," dated
July 25, 2001, prepared by AES Consulting Engineers and designated as
"Permanent Utility Easement." Value offered to Owner: $99.00.
Tax Parcel 25-448 A permanent utility easement as shown on a plat
entitled "Plat of Easement Conveyance From: Sidney W. Dawson Jr.,
et. als., To: The County of York, Virginia, Project: Dare Vacuum
Sewer," dated September 12, 2001, prepared by AES Consulting
Engineers and designated as "Permanent Utility Easement."
Value offered to Owner: $697.00.
Tax Parcel 25-35-G2 A permanent utility easement as shown on a plat
entitled "Plat of Easement Conveyance From: Walter Fay Presson,
To: The County of York, Virginia, Project: Dare Vacuum Sewer,"
dated July 25, 2001, prepared by AES Consulting Engineers and designated
as "Permanent Utility Easement." Value offered to Owner:
$327.00.
Tax Parcel 25-435 A permanent utility easement as shown on a plat
entitled "Plat of Easement Conveyance From: Lettie R. Sgroi,
Executrix, To: The County of York, Virginia, Project: Dare Vacuum
Sewer," dated July 25, 2001, pre-pared by AES Consulting Engineers
and designated as "Permanent Utility Easement." Value offered
to Owner: $161.00.
Tax Parcel 25-435A A permanent utility easement as shown on a plat
entitled "Plat of Easement Conveyance From: Lettie R. Sgroi,
Executrix, To: The County of York, Virginia, Project: Dare Vacuum
Sewer," dated July 25, 2001, pre-pared by AES Consulting Engineers
and designated as "Permanent Utility Easement." Value offered
to Owner: $167.00.
BE IT STILL FURTHER RESOLVED that the Chairman of the Board of
Supervisors, the County Treasurer and the County Attorney are hereby
authorized and directed, for and on behalf of the County, to execute
certificates to be recorded in the Office of the Clerk of the Circuit
Court for York County, certifying the amounts set forth above as the
fair value, and damages if any, of the interests to be taken, will be
paid the owners in accordance with the provisions of State law and upon
order of the Court.
BE IT STILL FURTHER RESOLVED that the County Attorney be, and he
is hereby, authorized, if necessary and appropriate, at any time
following the date of this Resolution, to institute condemnation
proceedings in the name of the Board of Supervisors to acquire title to
the interests in the property described above, including, if necessary,
any other easements or restrictions that may affect the easements sought
to be acquired, and to do all things necessary as a prerequisite
thereto.
On roll call, the vote was:
Yea: (5) Wiggins, Shepperd, Zaremba, Noll, Burgett
Nay: (0)
APPLICATION NO. ZM-62-01, GERALD L. STEWART
Mr. J. Mark Carter, Planning and Zoning Manager, made a
presentation on Application No. ZM-62-01 requesting the reclassification
of two parcels located at 2425 Pocahontas Trail and 2395 Pocahontas
Trail from Rural 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 through the adoption of proposed Ordinance
No. 01-23.
Mr. Zaremba noted the sign shown in the presentation indicated it
was the Busch Gardens Commercial Fueling Center.
Mr. Carter indicated it was just a location reference that the
firm preparing the plan utilized.
Mr. Billie Millner, attorney for the applicant, indicated the
wording on the sign was just used for the rendering. He stated he felt
the project was a very unobtrusive use and was a unique use for a unique
piece of property.
Mr. Shepperd questioned the potential for trash.
Mr. Millner stated the property will be policed daily. He
indicated there is no convenience store involved, so people aren't
paying for other things that would generate trash.
Chairman Burgett called to order a public hearing on Application
No. ZM-62-01 which was duly advertised as required by law. Proposed
Ordinance No. 01-23 is entitled:
AN ORDINANCE TO APPROVE APPLICATION NO. ZM-62-01 TO AMEND THE YORK
COUNTY ZONING MAP BY RECLASSIFYING TWO PARCELS LOCATED AT 2425
POCAHONTAS TRAIL (ROUTE 60), SUBJECT TO PROFFERS, AND 2395 POCAHONTAS
TRAIL (ROUTE 60) FROM RR (RURAL RESIDENTIAL) TO GB (GENERAL BUSINESS)
There being no one present who wished to speak concerning the
subject application, Chairman Burgett closed the public hearing.
Mr. Wiggins then moved the adoption of proposed Ordinance No.
01-23 that reads:
AN ORDINANCE TO APPROVE APPLICATION NO. ZM-62-01 TO AMEND THE YORK
COUNTY ZONING MAP BY RECLASSIFYING TWO PARCELS LOCATED AT 2425
POCAHONTAS TRAIL (ROUTE 60), SUBJECT TO PROFFERS, AND 2395 POCAHONTAS
TRAIL (ROUTE 60) FROM RR (RURAL RESIDENTIAL) TO GB (GENERAL BUSINESS)
WHEREAS, Gerald L. Stewart has submitted Application No. ZM-62-01,
which requests an amendment to the York County Zoning Map by
reclassifying from RR (Rural Residential) to GB (General Business) two
parcels located at 2425 and 2395 Pocahontas Trail (Route 60). The
parcels are further identified as Assessor's Parcel Nos. 15-20 and
15-21; 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 pub-lic hearing on this application; 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 4th day of December, 2001, that it does hereby approve
Application No. ZM-62-01 to amend the York County Zoning Map by
reclassifying from RR (Rural Residential) to GB (General Business) two
parcels located at 2425 and 2395 Pocahontas Trail (Route 60) and further
identified as Assessor's Parcel No(s) 15-20 and 15-21.
BE IT FURTHER ORDAINED that reclassification of the parcel located
at 2425 Pocahontas Trail and further identified as Assessor's parcel
No. 15-21 shall be subject to the following conditions as indicated in
the proffer statement entitled, "Conditional Proffer Statement of a
Change of Zoning" and dated November 12, 2001, as set for the
below:
1. That with respect to the Property marked "Site" and
"Gerald L. Stewart" on the attached drawing and being owned by
Gerald L. Stewart, the lighting will be consistent with lighting
fixtures recommended by the Illuminating Engineering Society of north
America (IESNA). All lighting shall use full cutoff fixtures.
2. That there will be a thirty-five-foot (35') transition buffer
on the south side of the property abutting the Rural Residential
property.
3. That the free-standing sign shall be a ground mounted monument
type.
On roll call, the vote was:
Yea: (5) Shepperd, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
APPLICATION NO. ZM-63-01, YORK COUNTY PLANNING COMMISSION
Mr. Carter made a presentation on Application No. ZM-63-01
requesting the reclassification of portions of two parcels located on
Wolftrap Road from Resource Conservation to Rural Residential and from
Rural Residential to Resource Conservation. The Planning Commission
considered the application and forwarded it to the Board of Supervisors
with a recommendation of approval, and staff recommended approval of the
application through the adoption of proposed Ordinance No. 01-24.
Chairman Burgett called to order a public hearing on Application
No. ZM-63-01 which was duly advertised as required by law. Proposed
Ordinance No. 01-24 is entitled:
AN ORDINANCE TO AMEND THE YORK COUNTY ZONING MAP BY RECLASSIFYING
FROM RC (RESOURCE CONSERVATION) TO RR (RURAL RESIDENTIAL) THE REAR
PORTION OF A PARCEL LOCATED AT 1216 WOLFTRAP ROAD AND FROM RR TO RC THE
FRONT PORTION OF A PARCEL LOCATED AT 1302 WOLFTRAP ROAD
There being no one present who wished to speak concerning the
subject application, Chairman Burgett closed the public hearing.
Mr. Wiggins then moved the adoption of proposed Ordinance No.
01-24 that reads:
AN ORDINANCE TO AMEND THE YORK COUNTY ZONING MAP BY RECLASSIFYING
FROM RC (RESOURCE CONSERVATION) TO RR (RURAL RESIDENTIAL) THE REAR
PORTION OF A PARCEL LOCATED AT 1216 WOLFTRAP ROAD AND FROM RR TO RC THE
FRONT PORTION OF A PARCEL LOCATED AT 1302 WOLFTRAP ROAD
WHEREAS the York County Planning Commission at its October 10
meeting sponsored Application No. ZM-63-01 to amend the York County
Zoning Map by reclassifying from RC (Resource Conservation) to RR (Rural
Residential) the rear portion of a 2.47-acre parcel of land located at
1216 Wolftrap Road, further identified as Assessor's Parcel No. 24-244,
and from RR to RC the front portion of a 2.95-acre parcel of land
located at 1302 Wolftrap Road, further identified as Assessor's Parcel
No. 24-246; and
WHEREAS the York County 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 ORDAINED by the York County Board of
Supervisors this the 4th day of December, 2001, that Application No.
ZM-63-01 be, and it is hereby, approved to amend the York County Zoning
Map by reclassifying from RC (Resource Conservation) to RR (Rural
Residential) the rear portion of a 2.47-acre parcel of land located at
1216 Wolftrap Road, further identified as Assessor's Parcel No. 24-244,
and from RR to RC the front portion of a 2.95-acre parcel of land
located at 1302 Wolftrap Road, further identified as Assessor's Parcel
No. 24-246.
On roll call, the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Shepperd, Burgett
Yea: (0)
APPLICATION NO. UP-585-01, WILLIAMSBURG MOTORS
Mr. Carter made a presentation on Application No. UP-585-01
requesting a use permit to authorize an automobile sales and service
establishment on a parcel of land located on East Rochambeau Drive The
Planning Commission considered the application and forwarded it to the
Board of Supervisors with a recommendation of approval of the use permit
but denial for the applicant's request relating to signage, and staff
recommended approval of the application through the adoption of proposed
Resolution R01-214(R). He noted that the signage issue was no longer a
part of the application. He explained the amendment to the resolution
was wording to ensure that the facility's primary use was a new car
dealership, and used cars sales and repairs/servicing were accessory
uses.
Mr. Zaremba asked the reason for the special use permit.
Mr. Carter stated the Zoning Ordinance requires a use permit for
automobile-related uses in the Economic Opportunity district.
Mr. Zaremba questioned the fact that no setbacks were required
between the two showroom facilities.
Mr. Carter indicated that buildings could be constructed without
side yard setbacks when they are built in a comprehensive manner as was
being proposed by the applicant.
Mr. Zaremba noted the facility did not look like any showroom he
had ever seen, and he asked if it was going to be for a new car
dealership or primarily a maintenance facility.
Mr. Carter stated staff has been told the primary facility is a
new car showroom. He stated this was the reason for the amendment to the
resolution.
Mr. Shepperd agreed that the emphasis for a new car facility was
captured in the amendment to the use permit resolution.
Chairman Burgett noted that he, too, was concerned, and he asked
for the amendment to ensure that it would operate as a new car facility.
Mr. Richard Costello, consulting engineer, AES, indicated he had
worked with County staff to come up with this plan and resolution, and
the applicant is supportive of the staff's position.
Mr. Rick Jones, representing Williamsburg Ford, stated he would
not propose a $3 million investment to sell used cars. The facility is
planned as a full-service new vehicle franchise. There are plans for a
used car department and service department as well. Mr. Jones stated
that the dealership had to get permissions from Ford, Mercury, and
Lincoln to move the franchise from its present location to the
Rochambeau property.
Chairman Burgett stated he had heard that the dealership was still
considering its present location.
Mr. Jones explained that it was the initial intention to renovate
the present location, but they ran into difficulties with the City of
Williamsburg concerning the renovation plans. He stated the reason he
had not closed the door on the Williamsburg site was because he has
encountered some surprises in York County that were not expected, but
he hoped they had all now been addressed. Until the application is
approved, he stated he has not closed any doors.
Chairman Burgett called to order a public hearing on Application
No. UP-585-01 which was duly advertised as required by law. Proposed
Resolution R01-214(R) is entitled:
A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE AN
AUTOMOBILE SALES AND SERVICE ESTABLISHMENT ON EAST ROCHAMBEAU DRIVE
Ms. Kara Urbanski, reporter for the Daily Press, asked for a copy
of the amendment to the resolution.
There being no one else present who wished to speak concerning the
subject application, Chairman Burgett closed the public hearing.
Mr. Wiggins stated the County has been accused of taking away
business from Williamsburg and other areas, and he felt that was unfair.
When there is a business as sizeable as this dealership, and built in an
area that allows no room for growth, they have no choice but to move in
order to expand.
Mr. Zaremba stated that while he agreed with Mr. Wiggins, York
County is still a part of the Historic Triangle community and should be
concerned about urban blight and abandoned buildings. He stated his
hopes that a proper use will be found for the dealership's current
building in Williamsburg.
Mr. Shepperd stated he felt the County had done a tremendous job
in looking at this property. In this particular area of the County,
staff has done more planning and done it wisely than in any other area
of the County. He stated a good job has been done regarding the process
for this company, and he welcomed the new business to York County.
Mrs. Noll expressed her agreement with Mr. Shepperd.
Chairman Burgett stated it was an outstanding business, and the
Board was more than happy to welcome them to York County.
Mrs. Noll moved the adoption of proposed Resolution R01-214(R)
that reads:
A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE AN
AUTOMOBILE SALES AND SERVICE ESTABLISHMENT ON EAST ROCHAMBEAU DRIVE
WHEREAS, Williamsburg Motors has submitted Application No.
UP-585-01 to request a Special Use Permit, pursuant to Section 24.1-306
(category 12, number 5) of the Zoning Ordinance to authorize an
automobile sales and service establishment on a 6.8-acre portion of a
14.1-acre parcel of land located on East Rochambeau Drive (Route F-137)
approximately one-half mile northeast of its intersection with Mooretown
Road (Route 603) and further identified as Assessor's Parcel No. 2-36C;
and
WHEREAS, said application has been forwarded to the York County
Planning Commission in accordance with applicable procedure; and
WHEREAS, the Planning Commission has conducted a duly advertised
public hearing on this application and has recommended that it be
approved, subject to certain conditions; and
WHEREAS, the Board of Supervisors conducted a duly advertised
public hearing and has carefully considered the public comments and
Planning Commission recommendation concerning this application;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 4th day of December, 2001, that Application No.
UP-585-01 be, and it is hereby, approved to authorize the establishment
of an automobile sales and service center on East Rochambeau Drive
subject to the following conditions:
1. This Special Use Permit shall authorize the establishment of an
approximately 55,000-square foot automobile sales and service center
(new vehicle sales as the principal use, with accessory used vehicle
sales and accessory vehicle servicing and repair) on a 6.8-acre portion
of a 14.1-acre parcel of land located on East Rochambeau Drive (Route
F-137) approximately one-half mile northeast of its intersection with
Mooretown Road (Route 603) and further identified as Assessor's Parcel
No. 2-36C.
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 construction activities on the subject parcel.
Except as modified herein, said site plan shall be in substantial
conformance with the plan titled "Conceptual Plan for a Special
Use Permit for Williamsburg Motors," prepared by AES Consulting
Engineers and dated, October 1, 2001 and revised November 19, 2001; and
building elevations depicted in Plan Sheet A-2 titled "Williamsburg
Motors: Pro-posed Building Signage," prepared by Leon K. Smith,
Architect.
3. Building façades, including exterior building materials and
colors, shall be generally as depicted in the color renderings submitted
by the applicant. Brick and brick-type products (such as split-faced
architectural block) shall be utilized as the predominant material for
all façades visible from public streets.
4. A traffic impact analysis, prepared by a transportation
engineer or transportation planner in accordance with the requirements
set forth in Section 24.1-251(b)(1) of the York County Zoning Ordinance,
shall be submitted for review and consideration by the County and the
Virginia Department of Transportation at the same time as the initial
application for site plan approval.
5. The development shall be constructed and operated in
conformance with the performance standards set forth in Sections
24.1-475, 24.1-477, and 24.1-479 of the York County Zoning Ordinance.
6. The development shall be served by an on-site stormwater
management pond designed to address stormwater quantity and quality
issues for both the automobile sales and service center and any other
future development that may occur on the subject parcel.
7. Development of the subject parcel shall be in accordance with
the requirements of the Watershed Management and Protection Area overlay
district contained in Section 24.1-376 of the Zoning Ordinance.
Accordingly, the above-reference site plan shall be accompanied by an
impact study prepared in accordance with the requirements set forth in
Section 24.1-376(f) of the Zoning Ordinance.
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, Shepperd, Zaremba, Burgett
Nay: (0)
MATTERS PRESENTED BY THE BOARD (Continued)
Mr. Zaremba indicated Governor Gilmore has admitted there will be
a very significant budget shortfall next year, and revenues will not be
what he earlier projected. Mr. Whaley has suggested that the region is
in an economic slow-down. The Board of Supervisors has begun its annual
budget review and cycle that will result in approval of the FY2003
budget in early April of 2002. He indicated he gets very concerned when
he reads articles in the newspaper as he did the one about the
Governor's projected shortfall. Many programs won't get funded or
programs won't be funded at the levels they were before. The localities
will be looked at to make up the shortfall. The County has pledged to
the School Division an increase of $1.7 million in the coming year, but
that probably won't meet all the schools' requirements. Mr. Zaremba
stated what is disconcerting is that the School Board budget is made up
of Federal, State, and County funds-if the State has a great shortfall,
then the State will expect the County to make up the shortfall. The
County has increased its projections for revenues at the County level,
one reason being the real estate taxes have increased between 4 and 12
percent. The County doesn't know where its going at this time, although
it has many programs and goals. He then discussed the upcoming 2003
Aviation's World Fair which should help the region with its economic
situation through increased tourism. Mr. Zaremba stated the Board and
staff needed to keep current with the plans for the Fair, and he asked
Mr. McReynolds to provide periodic reports.
Mr. Wiggins commented on the upcoming Christmas season, and
indicated there were some prominent York County citizens who had
recently passed away who would be sorely missed by their families this
year. He also spoke concerning the Legislative Breakfast held the day
before, stating he reminded the legislators of their election campaign
promises to provide more funds for local government, teacher salaries,
and transportation. He stated VDOT does not have the money to clean out
the current ditches in the County, and the General Assembly must come up
with a formula to raise the necessary funds to do the needed work. Mr.
Wiggins stated the State cannot expect the localities to provide money
it doesn't have.
Chairman Burgett indicated he had recently attended a meeting of
the Workforce Consortium, and he spoke concerning the Workforce
Development Center. He praised its programs and the opportunities it
offered to local residents, and he encouraged individuals who were out
of work or individuals who needed to consider changing careers to
contact the Center for information. Chairman Burgett then spoke about
Youth Week, indicating he would speak at Tabb High School the next
morning. He noted it was great to take part in these types of
activities.
CONSENT CALENDAR
Mr. Shepperd asked that Item No. 9 be removed from the Consent
Calendar.
Mrs. Noll moved that the Consent Calendar be approved as amended,
Item Nos. 7, 8, 10, and 11, respectively.
On roll call the vote was:
Yea: (5) Wiggins, Shepperd, Zaremba, Noll, Burgett
Nay: (0)
Thereupon, the following resolutions were adopted:
Item No. 7. COMMENDATION OF H. R. "DICK" ASHE:
Resolution R01-221
A RESOLUTION TO COMMEND THE SERVICES OF H. R. "DICK"
ASHE AS A MEMBER OF THE YORK COUNTY BOARD OF SUPERVISORS
WHEREAS, H. R. "Dick" Ashe was appointed by the York
County Board of Supervisors on January 16, 2001, to fill the District 5
vacancy left by the election of Melanie L. Rapp to the Virginia House of
Delegates; and
WHEREAS, Mr. Ashe served the citizens of District 5 until November
13, 2001; and
WHEREAS, Mr. Ashe took office and began his representation with
much enthusiasm and determination to improve the quality of life for the
citizens of his district and the County at large; and
WHEREAS, during his tenure on the Board, Mr. Ashe displayed
insight and dedication to providing input into the resolution of many
issues confronting the County; and
WHEREAS, Mr. Ashe was particularly instrumental in the County's
successful efforts to secure an additional $607,000 in Transportation
Enhancement Program funds to assist in implementing the Yorktown Master
Plan; and
WHEREAS, the Board of Supervisors wishes to express its
appreciation to Mr. Ashe for his service;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 4th day of December, 2001, that Mr. H. R.
"Dick" Ashe be, and he is hereby, commended and congratulated
on his dedicated and competent service to York County and its citizens.
BE IT FURTHER RESOLVED that the Board extends its heartfelt
appreciation and best wishes to Mr. Ashe for good health, happiness, and
continued success in all his future endeavors.
Item No. 8. STREET ACCEPTANCES: Resolution R01-217
A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO INCLUDE STREETS IN PENNIMAN EAST, SECTIONS ONE AND TWO, INTO THE
SECONDARY SYSTEM OF STATE HIGHWAYS
WHEREAS, the following streets, which are shown on plats recorded
in the Clerk's Office of the Circuit Court of York County, have been
constructed to standards equal to the Virginia Department of
Transportation's Subdivision Street Requirements as a requisite for
acceptance for maintenance as part of the Secondary System of State
Highways; and
WHEREAS, the Resident Engineer for the Virginia Department of
Transportation has inspected these streets and found them to be
acceptable for maintenance; and
WHEREAS, the York County Board of Supervisors does hereby
guarantee unencumbered rights of way, as described on the following
Form SR-5A, plus the necessary easements for cuts, fills, and drainage
for these streets;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this the 4th day of December, 2001, that the Virginia
Department of Transportation be, and it hereby is, requested to add and
maintain the streets described on the following Form SR-5A as part of
the Secondary System of State Highways, pursuant to Section 33.1-229,
Code of Virginia, 1950 amended, and the regulatory requirements of VDOT.
BE IT FURTHER RESOLVED that copies of this resolution be forwarded
to the developer of Penniman East, Sections One and Two, and to the
Resident Engineer of the Virginia Department of Transportation.
In the County of York
By resolution of the governing body adopted December 4, 2001
The following Form SR-5A is hereby attached and incorporated as part of
the govern-ing body's resolution for changes in the secondary system of
state highways.
Report of Changes in the Secondary System of State Highways
Form SR-5A
Secondary Roads Division 5/1/99
Project/Subdivision
Penniman East, Sections One and Two
Type of Change: Addition
The following additions to the Secondary System of State Highways,
pursuant to the statutory provision or provisions cited, are hereby
requested, the right of way for which, including additional easements
for drainage as required, is guaranteed:
Reason for Change: Addition, New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
_____________________________________________________________________________
Route Number and/or Street Name
______________________________________________________________________
High Point Road, State Route Number 1132
Description: From: Route 641 (Penniman Road)
To: Southeast to Intersection of Route 1133 (Old Hollow Road)
A distance of: 0.03 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
02/01/1999, Plat Book 12, Pages 666-668, with a width of 56 ft.
Description: From: Route 1133 (Old Hollow Road)
To: South to Intersection of Route 1134 (Low Ridge Road)
A distance of: 0.08 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
03/28/2000, Plat Book 13, Pages 105-107, with a width of 50 ft.
Description: From: Route 1134 (Low Ridge Road)
To: South to end of cul-de-sac
A distance of: 0.04 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
03/28/2000, Plat Book 13, Pages 105-107, with a width of 50 ft.
Low Ridge Road, State Route Number 1134
Description: From: Route 1132 (High Point Road) 0.08 mile south of Route
1133 (Old Hollow Road)
To: East and South to end of cul-de-sac
A distance of: 0.15 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
03/28/2000, Plat Book 13, Pages 105-107, with a width of 50 ft.
Old Hollow Road, State Route Number 1133
Description: From: Route 1132 (High Point Road)
To: South to end of cul-de-sac
A distance of: 0.21 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
02/01/1999, Plat Book 12, Pages 666-668, with a width of 50 ft.
Item No. 10. PURCHASE AUTHORIZATION: Resolution R01-212
A RESOLUTION TO PURCHASE TENNIS COURT LIGHTING AND CONSTRUCT
VACUUM SEWER AND WATER IN THE DARE AREA
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 4th day of December, 2001, that the County
Administrator be, and hereby is, authorized to conclude procurement
arrangements for the following:
AMOUNT
Tennis Court Lighting: Back Creek Park
$ 41,235
Dare Area Vacuum Sewer and Water Project - Section 4
717,672
Item No. 11. PERSONNEL POLICIES AND PROCEDURES REVISION:
Resolution R01-222
A RESOLUTION TO AMEND THE PERSONNEL POLICIES AND PROCEDURES TO
INCLUDE TWO ADDITIONAL HOLIDAYS
WHEREAS, the York County Board of Supervisors desires to
acknowledge the tradition of outstanding service provided by York County
employees; and
WHEREAS, in order to allow citizens and staff alike to better plan
their affairs during an already busy season, the Board of Supervisors
desires to add two additional holidays to the list of holidays included
in the County's Personnel Policies and Procedures;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors on this 4th day of December, 2001, that the holiday schedule
included in the County's Personnel Policies and Procedures is hereby
amended to include December 24 and December 31.
Item No. 9. PUBLIC SEWER EXTENSION AGREEMENT-COVENTRY PROFESSIONAL
PARK: Proposed Resolution R01-213 (Removed from Consent Calendar)
Mr. Shepperd asked Mr. McReynolds to explain the difference in the
connection fees that the developer pays and those that the homeowner
pays.
Mr. McReynolds indicated that when the developer installs the
system, they pay for the entire system. What they are paying in the
connection fee is a system's facility charge for the existing pump
stations and collector lines. When the County goes into an existing
development, it is bearing the cost of installing the entire system.
When it is new construction, the developer has the responsibility. If a
homeowner does some of the connection work themselves, the County gives
them a credit for the portion they do.
Mr. Shepperd moved the adoption of proposed Resolution R01-213
that reads:
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY
SEWER SYSTEM TO A PROPOSED DEVELOPMENT KNOWN AS COVENTRY PROFESSIONAL
PARK, AND AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC SEWER EXTENSION
AGREEMENT
WHEREAS, Coventry Corner, L.L.C., has requested that the County
enter into a public sewer extension agreement pursuant to § 18.1-53 (b)
of the York County Code to serve a commercial development to be known
as Coventry Professional Park; 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 4th day of December, 2001, that the Board approves the
extension of the County's public sewer system to serve the proposed
development, Coventry Professional Park, and that the County
Administrator be, and he hereby is, authorized to execute a public sewer
extension agreement with Coventry Corner, L.L.C., for the proposed
extension; such agreement to be approved as to form by the County
Attorney.
On roll call, the vote was:
Yea: (5) Shepperd, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
NEW BUSINESS
LOAN FOR RELOCATION AND RENOVATION OF THE YORKTOWN FREIGHT SHED
BUILDING, AND CONVEYANCE OF TITLE TO THE YORKTOWN FREIGHT SHED BUILDING
Mr. McReynolds made a presentation on proposed Resolutions R01-200
to authorize a loan to the Industrial Development Authority of York
County in connection with the relocation and renovation of the Yorktown
Freight Shed building, and R01-210 to authorize the execution of a
document conveying title to the Yorktown Freight Shed building to
Yorktown Freight Shed, L.P. He indicated the actions are necessary to
take advantage of the tax credits available for the renovation project.
The amount is not the exceed $1 million, and the funds will be disbursed
as they are needed and work progresses.
Mr. Zaremba stated the project is a part of the revitalization of
Yorktown, and the Board has committed to spending several million
dollars in Yorktown to revitalize the waterfront and make it a great
historic destination. The freight shed building is the old post office
building, and the Board went to the National Park Service and indicated
that it felt it would be more cost effective to tear it down and build a
replica. The Park Service cited Federal regulations telling the Board
that Federal law prohibited it, and that the building would have to be
moved and renovated. To do the required move and renovations, staff has
estimated the cost at about $1 million, not counting the tax credits Mr.
McReynolds mentioned. Mr. Zaremba stated he was personally much opposed
to this action because he feels it is a waste of taxpayers' dollars. He
also spoke of the inconsistency in the law that in order to make the tax
credit work, the National Park Service has agreed to abandon any use of
the building, yet it can't let the County tear it down.
Mrs. Noll then moved the adoption of proposed Resolution R01-200
that reads:
A RESOLUTION AUTHORIZING A ONE MILLION DOLLAR LOAN TO THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF YORK COUNTY IN CONNECTION WITH THE
RELOCATION AND RENOVATION OF THE YORKTOWN FREIGHT SHED BUILDING, AND
APPROPRIATING THE FUNDS NECESSARY THEREFOR
WHEREAS, in an attempt to realize significant savings on the cost
of the proposed relocation and renovation of the Yorktown Freight Shed
Building, the Board desires to utilize historic building renovation tax
credits, which are available through both federal and Virginia income
tax codes; and
WHEREAS, in order to be able to utilize the tax credits, title to
the Freight Shed building will be conveyed by the Yorktown Trustees to
Yorktown Freight Shed, L.P. (a Virginia limited partnership,
hereinafter "the partnership") which has been created to hold
title to the building and to oversee the project with money provided by
the York County Board of Supervisors through the Industrial Development
Authority of York County; and
WHEREAS, the Board desires to lend to the Industrial Development
Authority a sum not to exceed One Million Dollars ($1,000,000.00) to
fund a credit line loan to the partnership to finance the relocation and
renovation of the building;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this 4th day of December, 2001, that the Chairman of the
Board of Supervisors be and is hereby authorized to execute a Loan
agreement with the Industrial Development Authority in the form of a
Note, for a loan of up to One Million Dollars ($1,000,000), with
interest at a rate of 5.5%, payable quarterly, such Note to be approved
as to form by the County Attorney.
BE IT STILL FURTHER RESOLVED that the County Administrator be and
is hereby authorized to transfer funds up to One Million Dollars
($1,000,000.00) to the Industrial Development Authority through terms
set forth in the above referenced loan agreement without further action
of the Board of Supervisors and that necessary funds for said project be
and are hereby appropriated from the Yorktown Capital Improvement Fund.
On roll call, the vote was:
Yea: (4) Noll, Wiggins, Shepperd, Burgett
Nay: (1) Zaremba
Mr. Wiggins then moved the adoption of proposed Resolution R01-210
that reads:
A RESOLUTION TO AUTHORIZE THE EXECUTION OF A DOCUMENT CONVEYING
TITLE TO THE YORKTOWN FREIGHT SHED BUILDING TO YORKTOWN FREIGHT SHED,
L.P.
WHEREAS, by virtue of a certain joint agreement between the County
and the Trustees of the Town of York dated May 7, 2001, and amended
September 4, 2001, the Yorktown Trustees agreed to convey to the County
a certain building previously used as the Yorktown Post Office and more
generally known as the Yorktown Freight Shed Building (the Building);
and
WHEREAS, the County desires to consent to the conveyance of the
Building by the Trustees to Yorktown Freight Shed, L.P., a Virginia
limited partnership, subject to a condition that the partnership shall
relocate and renovate the Building as described in the joint agreement.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 4th day of December, 2001, that the Board Chairman or
the County Administrator be, and he hereby is authorized to execute a
certain document entitled "Confirmation of Reversion of Title to
Property, Agreement for Relocation and Renovation of Building, and Deed
to Building," in substantially the form as attached to a memorandum
from the County Attorney dated November 8, 2001, and provided that such
document be approved as to form by the County Attorney. The County
Administrator is further authorized to take such steps as are necessary
to record the document among the land records of York County.
On roll call, the vote was:
Yea: (4) Noll, Wiggins, Shepperd, Burgett
Nay: (1) Zaremba
CLOSED MEETING. At 9:29 p.m. Mr. Wiggins moved that the meeting be
convened in Closed Meeting pursuant to Section 2.2-3711(a)(1) of the
Code of Virginia pertaining to appointments to Boards and Commissions;
Section 2.2-3711(a)(3) pertaining to the acquisition of real property
for a public purpose.
On roll call the vote was:
Yea: (5) Wiggins, Shepperd, Noll, Zaremba, Burgett
Nay: (0)
Meeting Reconvened. At 10:22 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 4th day of December, 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) Shepperd, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
APPOINTMENT TO THE YORK COUNTY PLANNING COMMISSION
Mr. Shepperd moved the adoption of proposed Resolution R01-207
that reads:
A RESOLUTION TO APPOINT A MEMBER TO THE YORK COUNTY PLANNING
COMMISSION
WHEREAS, Thomas G. Shepperd, Jr., Planning Commissioner for
Election District 5, was elected to the York County Board of
Supervisors; and
WHEREAS, Mr. Shepperd has resigned from the Planning Commission
effective November 13, 2001; and
WHEREAS, the term for the Planning Commission seat for Election
District 5 will expire June 30, 2004; and
WHEREAS, the Board has been requested to make an appointment to
fill Mr. Shepperd's unexpired term;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 4th day of December, 2001, that it hereby appoints the
following individual to the Planning Commission to serve an unexpired
term, such term to expire June 30, 2004.
Al Ptasznik, Election District 5
On roll call, the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Shepperd, Burgett
Nay: (0)
APPOINTMENTS TO THE YORK-POQUOSON SOCIAL SERVICES BOARD
Mrs. Noll moved the adoption of proposed Resolution R01-220 that
reads:
A RESOLUTION TO APPOINT TWO REPRESENTATIVES TO THE YORK-POQUOSON
SOCIAL SERVICES BOARD
BE IT RESOLVED by the York County Board of Supervisors this 4th
day of December, 2001, that Robin B. Bledsoe and Elizabeth S. Tai be,
and they are hereby, appointed as representatives to the York-Poquoson
Social Services Board for terms of four years each, such terms to begin
January 1, 2002, and end December 31, 2005.
On roll call, the vote was:
Yea: (5) Noll, Wiggins, Shepperd, Zaremba, Burgett
Nay: (0)
APPOINTMENTS TO THE YORK COUNTY PARKS AND RECREATION ADVISORY
BOARD
Mrs. Noll moved the adoption of proposed Resolution R01-219 that
reads:
A RESOLUTION TO APPOINT THREE REPRESENTATIVES TO THE YORK COUNTY
PARKS AND RECREATION ADVISORY BOARD
BE IT RESOLVED by the York County Board of Supervisors this 4th
day of December, 2001, that John B. Christie, Leonard M. LaVella, and
Donna J. Simkins be, and they are hereby, appointed to the York County
Parks and Recreation Advisory Board for a term of four years, such term
to begin January 1, 2002, and end December 31, 2005.
On roll call, the vote was:
Yea: (5) Wiggins, Shepperd, Zaremba, Noll, Burgett
Nay: (0)
APPOINTMENTS TO THE YORK COUNTY LIBRARY BOARD
Chairman Burgett moved the adoption of proposed Resolution R01-218
that reads:
A RESOLUTION TO APPOINT TWO REPRESENTATIVES TO THE YORK COUNTY
LIBRARY BOARD
BE IT RESOLVED by the York County Board of Supervisors this 4th
day of December, 2001, that Barbara T. Henry and Anne S. Sundy be, and
they are hereby, appointed as representatives to the York County
Library Board for terms of four years each, such term to begin January
1, 2002, and end December 31, 2005.
On roll call, the vote was:
Yea: (5) Shepperd, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Meeting Adjourned. At 10:25 p.m. Mr. Zaremba moved that the
meeting be adjourned to 6:00 p.m., Tuesday, December 11, 2001, in the
East Room, York Hall, for the purpose of conducting a work session.
On roll call, the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Shepperd, Burgett
Nay: (0)
____________________________
_______________________________
James O. McReynolds, Clerk
James S. Burgett, Chairman
York County Board of Supervisors
York County Board of Supervisors
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