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MINUTES BOARD OF SUPERVISORS COUNTY OF YORK

Regular Meeting November 21, 2017

6:00 p.m.

Meeting Convened. A Regular Meeting of the York County Board of Supervisors was called to order at 6:02 p.m., Tuesday, November 21, 2017, in the Board Room, York Hall, by Chairman Sheila S. Noll.

Attendance. The following members of the Board of Supervisors were present: Walter C. Za- remba, Sheila S. Noll, W. Chad Green, Jeffrey D. Wassmer, and Thomas G. Shepperd, Jr.

Also in attendance were Neil A. Morgan, County Administrator; J. Mark Carter, Deputy County Administrator; Vivian A. Calkins-McGettigan, Deputy County Administrator; and James E. Barnett, County Attorney.

Invocation. Josh Hoegerman, York County Youth Commission, gave the invocation.

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

PRESENTATIONS

YORK COUNTY YOUTH COMMISSION

Ms. Elena Evans, Chairman of the Youth Commission, made the Commission’s Quarterly re- port, stating this year’s Commissioners began the year with a team building session held at the Hampton Roads Academy Challenge Course where the Commissioners participated in group problem solving and team building exercises. On August 22 an orientation session was held at the Tabb Library. The Commissioners had the opportunity to host several guest speakers, and had learned about leadership, the workings of the House of Delegates, and the process which bills must go through to become laws. The Commissioners elected Skyla Bailey as Vice Chair- man and Jenna Heaton as Secretary. Ms. Evans then reported on the Commission’s standing committees:

Public Relations: focus on social media to reach peers about the Youth Commission and its activities by creating an Instagram; continuing improvements to the website; and con- tinuing communications through the schools.

Social Projects: looking at service and special projects to help make a difference in the community and bring students together, including assisting with the Head Start Christmas parties and researching the possibility for a countywide high school art show and a movie night

Student Relations Committee: plans to conduct another high school survey in January during the 2nd semester; conduct a first-ever videotaped high school Focus Group session during 2nd semester, and sponsor the annual high school “Town Hall” meetings in the spring.

Ms. Evans noted that in December several Commission members would start attending the Parks and Recreation Advisory Board committee meetings, and other members would be at- tending the Transportation Safety Committee meetings. Several Commissioners were able to attend Yorktown Day on October 19 and passed out programs and flags for the National Park Service. Ms. Evans concluded her remarks by noting the annual 2018 Outstanding Youth Award nominations were due on February 20, 2018, and the 2018-2019 York County Youth Commission applications were due by March 12, with forms available online at www.ycyc.info or through the Parks, Recreation, and Tourism Office at 890-3500.

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HOLIDAY ACTIVITIES

Ms. Kristi Olsen, Tourism Development Manager, updated the Board on upcoming holiday activities for Yorktown. She noted the season had officially kicked off last weekend with the Holiday Open House and Holiday Market in Yorktown that had included the first sightings of Mr. and Mrs. Santa Claus, music, and wonderful special offers from all of the businesses in Yorktown. Ms. Olsen stated the 73rd Annual Christmas Tree Lighting would be held on De- cember 1 at Riverwalk Landing. She then reviewed the following activities for the season:

Christmas Market on Main Street Historic Main Street Saturday, December 2 – 10:00 a.m. – 3:00 p.m.

21st Lighted Boat Parade Yorktown Waterfront Saturday, December 2 – 6:00 – 8:00 p.m.

Cookies with Santa Gallery at York Hall Sunday, December 3 – 1:00 – 4:00 p.m.

Holiday Farmers Market & Toyland Parade Riverwalk Landing Saturday, December 9 – 9:00 a.m. – 3:00 p.m.

Ms. Olsen noted a complete listing of all of the Christmas events, including many of their part- ner events, such as the American Revolution Museum at Yorktown, the Watermen’s Museum, and the National Park Service, could be found on the Tourism website. Busch Gardens and Colonial Williamsburg offered Christmas Town and the Grand Illumination, to just name a few of the events that were available for an entire month. Ms. Olsen then spoke about getting the word out on these events by using social media. She stated the successful Vintage Market Place had taken place on November 4 at the McReynolds Athletic Complex and was a direct result of the Board of Supervisors Strategic Priority to expand Yorktown events into other parks and venues within the County. Ms. Olsen then updated the Board on the upcoming Cabin Fever Concert Series at the Freight Shed starting on Thursdays, January 25 through March 1.

Mr. Zaremba commented he could not wait for the first York County citizen to tell him there was nothing to do in Yorktown.

Mr. Green stated Ms. Olsen mentioned the Lighted Boat Parade, Cookies with Santa, and the Tree Lighting, and he asked if there was any cost associated with these events.

Ms. Olsen replied that the events Mr. Green had asked about were free.

CITIZENS COMMENT PERIOD

Mr. Gwyn Williams, 219 Olde Pond Lane, addressed the Board about economic growth and development in York County, noting his remarks were stimulated by the proposal that the Board would hear later from Harrison and Lear. He suggested that a combination park and trails, which incorporated a 10-megawatt solar farm, would yield $3 million per year in electric- ity in this area and would be income for the County without imposing any additional burden on traffic, schools, water, sewer, fire, or police. Mr. Williams asked the Board to consider alterna- tives such as he had presented this evening regarding solar farms.

Mr. Charles Hedge, 107 Ambler Street, appeared before the Board stating the last item on the agenda under new business regarding his appeal of a Historic Yorktown Design Committee decision was an item he had brought before the Board, and he wanted the Board to know he would answer any questions they might have regarding that item.

COUNTY ATTORNEY REPORTS AND REQUESTS

Mr. Barnett reported that yesterday had been the first day members of General Assembly could pre-file bills, and a small number of bills were filed in both the House and Senate, but nothing 425 November 21, 2017

of particular high profile interest to the County. He stated he would start collecting the bills as they came in, and he would keep the Board updated by email.

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

Mr. Morgan stated the County was just about at peak leaf drop season and was currently in leaf pickup mode, and the County’s website had the schedules posted for bagged leaves pickup, curbside or street side, until the end of January. He then wished the staff, the citizens, and the Board members a Happy Thanksgiving.

MATTERS PRESENTED BY THE BOARD

Mr. Shepperd spoke of his recent visits to the County’s Human Resources Department and the Clerk of Circuit Court. He stated Director Dave Gorwitz gave him a tremendous briefing on the department’s mission, and he had the opportunity to meet and talk with the employees. He noted the department produced a newsletter called The County Line which had a good article about how to stop procrastinating, and he encouraged the Youth Commissioners to get a copy of the newsletter. He stated he then went to visit the Clerk of Circuit Court to see some of the crowding issues. Mr. Shepperd stated in the Courthouse are original documents that go back to the founding of this county, and York County was one of the few counties in the state that had been able to preserve them in a safe place during the Civil War. Mr. Shepperd then ap- prised the Board of his attendance at the First Fighter Wing’s 100th Anniversary, noting there was a lot to be proud of at Langley Air Force Base. He next commented on the VACo Confer- ence, stating it was probably one of the best conferences he had ever attended because he had the opportunity to talk to Senator Hanger and Delegate Ware, the individuals who ran the state finances, regarding the disparity between cities and counties in taxation capabilities.

Mr. Green stated one of the sessions he attended at the VACo conference was about drug abuse and the fact that 70 percent of the kids who were abusing drugs get them from medicine cabi- nets and those drugs that were just lying around. He stated it would be a good opportunity if Youth Commission Chairman Evans and Mr. Morgan could work together with one of the local pharmacies to have a prescription drop-off day that could possibly be coordinated County-wide and use some County resources to advertise it. Mr. Green stated it would help get some of the drugs sitting in homes or in medicine cabinets out of the reach of kids and potentially stop some of the abuse of the drugs.

Mr. Zaremba also spoke regarding the VACo Conference and his attendance at the presentation on the opioid crisis, noting he was amazed that little had changed since the presentation last year. He stated the reaction to this incredible scourge was primarily the reaction by the first responders and their quick response using a synthetic chemical, Narcan™, which if adminis- tered in time might save the life of the person about to overdose. He questioned what was being done collectively to try and get a handle on this problem and not just respond to overdos- es. Mr. Zaremba informed Mr. Morgan that the next issue Citizens News should include what the County knows as the systemic approach to the drug abuse problem. He then encouraged everyone to read today’s Daily Press opinion, noting there was a history lesson in the opinion. He indicated he realized that very little of the things mentioned as history were being taught in the school systems across this country, and history had taken a backseat to Social Studies. Mr. Zaremba stated people today did not know their history, so they kept making the same mistakes made by the country’s forefathers.

Mr. Wassmer stated he, too, had the chance to visit many of those organizations, and he com- mended County staff. Yesterday he and Mr. Morgan had the opportunity to attend a regional meeting at the Jamestown Settlement that has a new exhibit called “Pocahontas,” and he rec- ommended that over the over the holidays it would be a great place to visit. He stated he also had the chance a few weeks ago to be principal for a day at Dare Elementary with the Dare Dolphins, and he had learned what it means to be green at Dare. He commended Principal Caccavale, Ed.D., and her staff for the amazing things they do in the school district. Mr. Wassmer then wished everyone a Happy Thanksgiving.

Chairman Noll stated one of the sessions she attended at the VACo conference was on renewa- ble energy: solar energy and wind energy, and she noted one of the counties was using switch grass as fuel for its hospital. She stated she, too, had been a principal for a day at Coventry 426 November 21, 2017

Elementary, and in the kindergarten class there was presentation by a teacher from the Jame- stown-Yorktown Foundation who talked about the Indians and how they farmed, which had the children involved hands on. She then spoke of how nice it was to see what the teachers were doing and learning about the things they have to deal with and how they deal with them. Mrs. Noll then wished everyone a Happy Thanksgiving, and she encouraged citizens to pray for those individuals who were deployed away from home.

CONSENT CALENDAR

Mr. Zaremba moved that the Consent Calendar be approved as submitted, Item Nos. 3, 4, 5, 6, 7, 8, 9, 10, and 11, respectively.

On roll call the vote was:

Yea: (5) Zaremba, Green, Wassmer, Shepperd, Noll Nay: (0)

Thereupon, the following minutes were approved and resolutions adopted:

Item No. 3. APPROVAL OF MINUTES

The minutes of the following meetings of the York County Board of Supervisors were approved:

October 3, 2017, Regular Meeting

October 17, 2017, Regular Meeting

Item No. 4. CHANGE TO BOARD MEETING LOCATION FOR DECEMBER 5 REGULAR MEET- ING: Resolution R17-141

A RESOLUTION TO CHANGE THE MEETING PLACE OF THE DE- CEMBER 5, 2017, REGULAR MEETING OF THE YORK COUNTY BOARD OF SUPERVISORS

WHEREAS, the Board’s current Rules of Procedure call for the first Tuesday Regular Meeting of the York County Board of Supervisors to be held in the East Room of York Hall; and

WHEREAS, it is the desire of the Board of Supervisors to conduct its December 5, 2017, Regular Meeting in the Meeting Room of the Tabb Library for the purpose of conducting a joint work session with the York County School Board; and

WHEREAS, such a change may be made in accordance with Section 15.2-1416 of the Code of Virginia;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 21st day of November, 2017, that the location for the Tuesday, December 5, 2017, Regular Meeting of the York County Board of Supervisors be changed to the Meeting Room of the Tabb Library, 100 Long Green Boulevard, Yorktown.

BE IT FURTHER RESOLVED that the County Administrator be, and he is hereby, di- rected to post and advertise this resolution in accordance with Section 15.2-1416 of the Code of Virginia.

Item No. 5. EMPLOYEE OF THE QUARTER: Resolution R17-142

A RESOLUTION TO COMMEND CHRISTOPHER C. EMERSON, GENERAL MAINTENANCE TECHNICIAN, DIVISION OF FACILITY MAINTENANCE, DEPARTMENT OF PUBLIC WORKS, AS EM- PLOYEE OF THE QUARTER

427 November 21, 2017

WHEREAS, Christopher C. Emerson has been employed with the County since Novem- ber 3, 2014, and now holds the position of General Maintenance Technician; and

WHEREAS, Mr. Emerson has diligently supported the York County staff and citizens for the last three years as a technician with the Department of Public Works; and

WHEREAS, Mr. Emerson continually performs Journeyman level electrical work on a regular basis, and also volunteered to be on a second call list for plumbing and other facility maintenance calls; and

WHEREAS, Mr. Emerson handles this additional workload, in addition to fulfilling normal daily duties as a Maintenance Technician, and fulfilling an on-call rotational shift, which requires the commitment of additional time and effort; and

WHEREAS, Mr. Emerson has been, and continues to be, involved with replacing the County’s parking lot lighting with energy efficient LED fixtures, helping to save energy and resources; and

WHEREAS, Mr. Emerson has been recognized by members of the Department of Public Works and County management staff for his high quality of work, professionalism, and his normative response of going above and beyond; and

WHEREAS, Mr. Emerson has continued his technical education attending classes after normal work hours; and

WHEREAS, Mr. Emerson’s level of commitment and dedication to the department, as well as the County as a whole, has provided added value to the Public Works technical staff; and

WHEREAS, Mr. Emerson’s superior character, commitment, and stellar internal cus- tomer service are assets to the Department of Public Works;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Super-visors, this 21st day of November, 2017, that Christopher C. Emerson be, and he is hereby, congratulated upon his selection as Employee of the Quarter for the quarter ending September 30, 2017.

Item No. 6. COMMENDATION OF RETIRING EMPLOYEE: Resolution R17-145

A RESOLUTION TO COMMEND KATHY SAMBUCHI, ADMINIS- TRATIVE TECHNICIAN OF THE DIVISION OF PARKS, RECREA- TION AND TOURISM, DEPARMENT OF COMMUNITY SERVICES, ON THE OCCASION OF HER RETIREMENT FROM COUNTY SER- VICE

WHEREAS, Kathy Sambuchi, began her employment June 2, 1997 as an Administrative Assistant II and then later was promoted to Administrative Technician; and

WHEREAS, during her tenure Ms. Sambuchi has had contact with thousands of York County citizens and visitors and answered a high volume of telephone calls and greeted visitors with grace and professionalism; and

WHEREAS, Ms. Sambuchi was the main point of contact for the major software update within the Parks, Recreation and Tourism Division, taking on this not so small task along with her normal duties, purging over 10 year of data; and

WHEREAS, Ms. Sambuchi worked closely in a training database to ensure the new software was working correctly, and she monitored all Parks, Recreation and Tourism employ- ees to ensure that training was received; and

WHEREAS, without Ms. Sambuchi’s hard work and dedication, the upgrade would have not been possible; and

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WHEREAS, Ms. Sambuchi provided administrative support for several staff, programs, and facilities operated by Parks, Recreation and Tourism, overseeing the fiscal transactions, detailed records, and the registrations of thousands of program participants every year; and

WHEREAS, Ms. Sambuchi always provided exceptional customer service to the patrons who visited the office, attended the programs, as well as to the thousands of phone calls re- ceived; and

WHEREAS, Ms. Sambuchi has performed her duties as Administrative Technician with the highest level of commitment and integrity; and

WHEREAS, Ms. Sambuchi has provided 20 years of dedicated, responsive, and loyal service to York County and its citizens and has gained the utmost respect and admiration of her fellow employees, as well as the citizens and professionals she has dealt with and served over her career;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 21st day of November, 2017, that it takes great pleasure in recognizing the achievements of Kathleen Sambuchi and herewith expresses its sincere gratitude for the invaluable contribution she has made to York County throughout the past 20 years.

BE IT FURTHER RESOLVED that the Board’s heartfelt best wishes be, and they are hereby, extended to Ms. Sambuchi for a long, well-deserved, and pleasurable retirement.

Item No. 7. PROGRAM GOVERNANCE AND OVERSIGHT OF QUALITY SERVICES FOR YORK COUNTY HEAD START CHILDREN AND FAMILIES: Resolution R17-132

A RESOLUTION TO ESTABLISH AND MAINTAIN A FORMAL STRUCTURE FOR PROGRAM GOVERNANCE, FOR THE OVER- SIGHT OF QUALITY SERVICES FOR THE YORK COUNTY HEAD START CHILDREN AND FAMILIES AND MAKING DECISIONS RE- LATED TO PROGRAM DESIGN AND IMPLEMENTATION

WHEREAS, the County of York values and has a long-standing commitment to early childhood developmental programs, which includes the operations of a federally funded Head Start program; and

WHEREAS, the Board of Supervisors, as the governing body for the Head Start program has legal and fiscal responsibilities for administering and overseeing the York County Head Start program to include the safeguarding of Federal funds; and

WHEREAS, the Board of Supervisors assumes and delegates responsibilities of adminis- tering and overseeing the Head Start program ensuring compliance with local, State, and Fed- eral laws and regulations; adopting practices that assure active, independent and informed governance of the Head Start agency, including fully participating in the development, plan- ning, and evaluation of the Head Start programs as implemented by the Children and Family Services Division of Community Services; and

WHEREAS, the Board of Supervisors has legal responsibility for reviewing all applica- tions for funding and amendments to application for funding;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Super-visors this the 21st day of November, 2017, that it has reviewed and approved as implemented by the Children and Family Services Division of Community Services criteria for the recruitment, selection, and enrollment of children; reviewing all applications for funding and amendments to applications; all major policies to include the annual self-assessment and financial audit; and procedures for how members of the Policy Council are selected, as set out in the York County Head Start Policies and Procedures originally effective May 1, 2008, and most recently revised as of September 2017.

BE IT FURTHER RESOLVED that the Board of Supervisors has approved financial management, accounting and reporting policies, and compliance with laws and regulations related to financial statements to include all major financial expenditures of the Head Start program and the annual operating budget. 429 November 21, 2017

BE IT STILL FURTHER RESOLVED that the Board of Supervisors hereby dele-gates the responsibilities of administering and overseeing the Head Start program to the Children and Family Services Division of the Department of Community Services.

Item No. 8. NOTICE OF INTENT TO ABANDON: Resolution R17-152

A RESOLUTION TO AUTHORIZE THE PUBLICATION AND POST- ING OF A NOTICE OF THE BOARD OF SUPERVISORS’ INTENT TO ABANDON A 4,500-SQUARE FOOT SEGMENT (50’ x 90’) OF STATE ROUTE 1760 (STEVENS COURT), SAID SEGMENT BEING UNPAVED AND LOCATED BEYOND THE NORTHERN END OF THE PAVED PORTION OF STEVENS COURT

WHEREAS, Mr. Douglas Zeigler, the owner of property located at 201 Stevens Court, has requested that the York County Board of Supervisors consider the abandonment of the unpaved 4,500-square foot (50’ x 90’) segment of the State Route 1760 (Stevens Court) right-of- way at the northern end of the paved portion of Stevens Court; and

WHEREAS, the subject segment of right-of-way was intended to accommodate extension of Stevens Court into the property to the north but the opportunity to do so has been foreclosed by the existing development on that property; and

WHEREAS, the Board of Supervisors has determined that the subject segment of right- of-way serves no public necessity and need not be a part of the Secondary System of State Highways;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Super-visors, this the 21st day of November, 2017, that the County Administrator be, and he is hereby, directed to post and publish notice of the Board's intent to abandon the aforesaid sections of Route 1760 pursuant to §33.2-909 of the Code of Virginia of 1950, as amended;

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Commissioner of the Virginia Department of Transportation.

Item No. 9. NOTICE OF INTENT TO ABANDON: Resolution R17-153

A RESOLUTION TO AUTHORIZE THE PUBLICATION AND POST- ING OF A NOTICE OF THE BOARD OF SUPERVISORS’ INTENT TO ABANDON A 4,500-SQUARE FOOT SEGMENT (50’ x 90’) OF STATE ROUTE 1760 (STEVENS COURT), SAID SEGMENT BEING UNPAVED AND LOCATED BEYOND THE NORTHERN END OF THE PAVED PORTION OF STEVENS COURT

WHEREAS, Mr. Douglas Zeigler, the owner of property located at 201 Stevens Court, has requested that the York County Board of Supervisors consider the abandonment of the unpaved 4,500-square foot (50’ x 90’) segment of the State Route 1760 (Stevens Court) right-of- way at the northern end of the paved portion of Stevens Court; and

WHEREAS, the subject segment of right-of-way was intended to accommodate extension of Stevens Court into the property to the north but the opportunity to do so has been foreclosed by the existing development on that property; and

WHEREAS, the Board of Supervisors has determined that the subject segment of right- of-way serves no public necessity and need not be a part of the Secondary System of State Highways;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors, this the 21st day of November, 2017, that the County Administrator be, and he is hereby, directed to post and publish notice of the Board's intent to abandon the aforesaid sections of Route 1760 pursuant to §33.2-909 of the Code of Virginia of 1950, as amended;

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BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Commissioner of the Virginia Department of Transportation.

Item No. 10. COMMENDATION RESOLUTION FOR HURRICANES IRMA AND MARIA: Resolu- tion R17-54

A RESOLUTION TO COMMEND CURRENT AND RETIRED PER- SONNEL OF THE YORK COUNTY DEPARTMENT OF FIRE AND LIFE SAFETY FOR THEIR EXTRAORDINARY EFFORTS AS MEM- BERS OF VATF2 AND VA1DMAT WHILE DEPLOYED TO HURRI- CANES IRMA AND MARIA

WHEREAS, the 2017 Atlantic hurricane season brought disaster throughout the Gulf States, the Southeast of the United States and the Caribbean (including Puerto Rico); and

WHEREAS, a number of current and retired personnel of the York County Department of Fire and Life Safety serve as members of two significant Federal Response teams known as the Federal Emergency Management Agency (FEMA) Urban Search and Rescue Task Force- VATF2 and the Federal Health and Human Services (HHS) Disaster Medical Team-VA1DMAT; and

WHEREAS, these two critically important disaster response teams are constantly pre- pared to respond to and operate in disaster stricken areas, often in austere as well as danger- ous environments; and

WHEREAS, all members of each of these two teams (VATF2 and VA1DMAT) train exten- sively and are dedicated to their profession, as well as the important team missions, which is evidenced by their professionalism as well as extreme competency; and

WHEREAS, this particular hurricane season placed a significant demand upon the Fed- eral disaster response resources resulting in a high deployment rate; and

WHEREAS, the teams are rostered (predominantly) from across the Common-wealth of Virginia, the majority of which work and reside in Hampton Roads; and

WHEREAS, some of those personnel from the Department of Fire and Life Safety were assigned to missions necessitated by the devastating effects of Hurricane’s IRMA and MARIA; and

WHEREAS, those Fire and Life Safety members who serve on VATF2 and were deployed included Captain Reggie Rivera, Lieutenant Rob Moore, and Lieutenant Anthony Collins; and

WHEREAS, the initial deployment of VATF2 included Captain Rivera, and Lieutenant Moore to assist with efforts in Puerto Rico; and the second deployment of VATF2 to Puerto Rico included Captain Rivera and Lieutenant Collins to assist with continuing disaster efforts; and

WHEREAS, the initial deployment of VA1DMAT included retired Deputy Chief Michael Player (as Commander of VA1DMAT), retired Battalion Chief Marty Tomasek, and Captain Greg Fleming to assist with efforts in Florida; and subsequent deployments of VA1DMAT also includ- ed retired Deputy Chief Player, retired Battalion Chief Tomasek, and Captain Fleming to assist with efforts in Puerto Rico; and

WHEREAS, during each of these deployments, the members of both VATF2 and VA1DMAT performed flawlessly and contributed immensely to the caring for and saving of lives of the many victims of these terrible disasters; and

WHEREAS, the County is proud of the members of both of these elite teams, especially those who represented York County;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Super-visors, this 21st day of November, 2017, that the stellar service of all members of VATF2 and VA1DMAT is hereby officially recognized, and team representatives from York County, Deputy Chief (retired) Player, Battalion Chief (retired) Tomasek, Captain Fleming, Captain Rivera, Lieutenant Moore, 431 November 21, 2017

and Lieutenant Collins be, and they are hereby, commended for their extraordinary and valiant efforts in response to Hurricanes IRMA and MARIA, and the heartfelt appreciation of this Board is ex-tended to them all.

Item No. 11. AMENDMENT OF PROFFER: WHITTAKER’S MILL PLANNED DEVELOPMENT: Resolution R17-156

A RESOLUTION TO APPROVE THE REQUEST OF WHITTAKER’S MILL ASSOCIATES, LLC, TO AMEND ONE OF THE PROFFERS ACCEPTED IN CONJUNCTION WITH THE 2014 APPROVAL OF THE WHITTAKER’S MILL PLANNED RESIDENTIAL DEVELOP- MENT

WHEREAS, on November 18, 2014, the York County Board of Supervisors adopted Or- dinance No. 14-17(R) to approve Application No. PD-39-14, thus amending the York County Zoning Map by reclassifying approximately 77 acres of land located at 1500 Penniman Road (Route 641), further identified as Assessor’s Parcel No. 11-16-2 (GPIN H14c-1242-1404), from Economic Opportunity (EO) to Planned Development Residential (PDR) and Economic Oppor- tunity (EO), with proffered conditions; and

WHEREAS, pursuant to that approval, Whittaker’s Mill Associates, LLC, has com- menced the development of a residential subdivision on the subject property; and

WHEREAS, Whittaker’s Mill Associates has requested consideration of an amendment to Proffer No. 8.a. as set forth in the original proffer document entitled “Whittaker’s Mill (GPIN: H14c-1242-1404) Planned Development Proffers”, dated October 31, 2014 and recorded in the York County Clerk’s Office on December 4, 2014; and

WHEREAS, the Board has examined the proposed amended proffer as set forth in the document dated October 27, 2017, and entitled “Whittaker’s Mill (GPIN: H14c-1242-1404) Planned Development (PDR) Amended Proffers” and has concluded that it is eligible for review and consideration, without need for a public hearing, in accordance with the procedures set forth in Section 15.2-2302.B. of the Code of Virginia; and

WHEREAS, the Board has determined that the revised proffer will accomplish the origi- nal objective of enhancing the development potential and marketability of a 33-acre commercial parcel while simultaneously ensuring that potential conflicts with the Water Country Parkway re-alignment project are avoided.

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 21st day of November, 2017, that the requirement for a public hearing on this matter be, and it is hereby, waived pursuant to Code of Virginia Section 15.2-2302.B.;

BE IT FURTHER RESOLVED that the proffer amendment entitled “Whittaker’s Mill (GPIN: H14c-1242-1404) Planned Development (PDR) Amended Proffers”, dated October 27, 2017, be, and it is hereby, approved so as to amend Proffer No. 8.a. of the originally estab- lished and otherwise still valid set of proffers applicable to this development project;

BE IT STILL FURTHER RESOLVED that a duly signed copy of the amended proffer statement be recorded at the expense of Whittaker’s Mill Associated, LLC, in the office of the Clerk of the Circuit Court.

Meeting Recessed. At 6:51 p.m. Chairman Noll declared a short recess.

Meeting Reconvened. At 7:02 p.m. the meeting was reconvened in open session by order of the Chair.

PUBLIC HEARINGS

APPLICATION NO. ZM-170-16, HARRISON AND LEAR, INC.

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Mr. Cross gave a presentation on Application No. ZM-170-16 to request an amendment to the York County Zoning Map by reclassifying an approximately 113.8-acre parcel of land located at 517 Yorktown Road from RR (Rural Residential) to R20 (Medium-density single family residen- tial) subject to voluntarily proffered conditions. The Planning Commission considered the application and forwarded it to the Board of Supervisors with a recommendation of denial, and because the applicant had modified the request to address the concerns cited by staff and the Planning Commission, staff recommended approval of the application through the adoption of proposed Ordinance No. 17-15.

Mr. Tim Trant, representing the applicant, noted a member of the Smith family was in attend- ance, as well as representatives of the project team, all being available to answer any questions. He stated Mr. Smith would go into the site history during the public hearing. Mr. Trant noted the property was an infill parcel that was surrounded by development on all sides, and he provided a brief history of the application starting with it being filed on June 30, 2016, to the submission of the revised plan in September of this year. He stated the revisions resulted in an enhanced project with a reduction in density. Mr. Trant reviewed the project against a by-right development, stating the proposal would limit the minimum lot size to approximately a third of an acre, add 5,700 linear feet of public use trails, add a 50-foot type 50 buffer on both sides of the project, improve three intersections, add a substantial enhanced buffer with a landscape berm and serpentine brick wall designed to be an attractive entrance, establish extensive prof- fered design criteria, and include the commitment by the developer to work with local builders to develop this project. He stated the homes would be very high quality commensurate with the quality of homes in the area, and he thought the summary of the benefits outweighed by far the impact and would result in a better project. Mr. Trant stated he was sharing the allotted time with Mr. Jonathan Skinner, a representative of Harrison and Lear, to offer some personal remarks about its first-hand perspective on the project.

Mr. Jonathan Skinner, 368 Walt Whitman, Newport News, stated Harrison and Lear and its consultant team had expended a great deal of time, energy, and intelligence in the preparation of the proposed plan and would continue to do so to ensure it was a project of the highest quality. He stated the company’s passion for developing quality residential developments was unmatched, and it had worked diligently and closely over the last year with the County and concerned citizens to create a plan of the highest quality and craftsmanship. He noted Harri- son and Lear was committed to making this project a success that would have a positive com- munity impact.

Mr. Trant stated he felt this project mitigated all of its impacts and delivered transportation improvements and public use trails that were candidly needed now but were not funded and otherwise could not be expected to be built for the foreseeable future.

Mr. Wassmer stated he sensed the owner was motivated to sell his property, so he was looking at the by-right versus the proposed plan, which was 76 homes that could be a quarter of an acre lot or an acre lot depending on how they were built, with the impact of the 76 homes with no proffers as opposed to the impact of an additional 37 homes with the proffers. He stated there had been a lot of talk about the process, and it had been questioned as to whether or not it would have to go back to the Planning Commission.

Mr. Morgan replied the tradition in this community and other places in Virginia was that if, after coming out of the public hearing at the Planning Commission, the revisions were less impactful than what was presented at the time of the Planning Commission, the matter would typically proceed to the Board of Supervisors, and that was the case here. He stated if in the circumstance where the proposal would be more impactful than what had been contemplated by the Planning Commission, staff’s recommendation would be to have the Planning Commis- sion reconsider it.

Discussion followed regarding guarantee of proffers by the developer, easements for trails and sidewalks, crosswalks, traffic improvements, timing for construction, and insurance that local contractors get the jobs.

Mr. Zaremba stated his questions have to do with the County as a whole and not just one small section of the County. He stated a couple of years ago the Board did a comprehensive analysis regarding the buildout for York County which came to a population number somewhere around 81,000.

433 November 21, 2017

Mr. Cross stated a build-out study had been done 2012 as a prelude to the Comprehensive Plan update. The staff tried to estimate what the population of the County would be if every single remaining piece of residential land were developed at its maximum allowed density, and his recollection was that the number was somewhere in the 80,000’s.

Mr. Zaremba asked what the total was for the current population of the County.

Mr. Cross stated it was approximately 67,000 to 68,000.

Mr. Zaremba stated he wanted to get a feel for the already approved vertical and horizontal construction projects that involved residential housing.

Mr. Cross reviewed the projects in the County that were somewhere in the development pipe- line, which equated to about 2,400 units. He stated over the entire county it would be 4,000, with 2,400 in the upper county and 1,600 in the lower county.

Mr. Zaremba stated his concern was the stress on the infrastructure of the county, the Sheriff’s Office, and Fire and Life Safety and the fiscal impact to County so that the county could con- tinue to provide the outstanding support that York County was known for in terms of its pro- grams and services. He if those numbers were available anywhere.

Mr. Cross stated they were not available.

Mr. Morgan stated the information typically was included in the incremental aspect of a partic- ular project, so there would be a factor for public safety services, a factor for education, and they would be netted against the taxes. For those projects that had Board action requirements, there was information provided about what the net of that project was, so presumably those figures could be added up. Mr. Morgan stated it would not address the by-right developments which would add some amount of burden.

Mr. Zaremba asked if the fiscal impact numbers the Board had seen tonight from Mr. Trant would account for needed deputies and firefighters, teachers, etc.

Mr. Cross stated the County did not have an accumulative number.

Mr. Morgan stated the cost benefit analysis for the project has a factor for the cost of services netted from total project revenues, and that number was presented as a dollar figure.

Mr. Zaremba stated next month the Board would meet with the School Division and begin the budget process for fiscal year 2019, and he asked when those numbers would be available with respect to additional teachers, administration staff, deputies, firefighters, etc. He asked if the County had gotten there yet or if there were still a lot of things to be questioned with respect to 4,000 to 6,000 additional residents.

Mr. Morgan stated a dollar figure was assumed for cost of services.

Mr. Shepperd stated he wanted to make sure he understood a few of the points. Yorktown Road was not a limited access highway, and the comment was made that a by-right develop- ment could have access right off the road.

Mr. Cross stated individual homes could not have access.

Mr. Shepperd asked how Plantation Acres got its access.

Mr. Cross stated Plantation Acres was an older subdivision, and it would not be permitted today.

Mr. Shepperd stated his assumption was that the roads in this neighborhood were actually taken into state road system, yet there was a comment that sounded as if there were going to be private roads.

Mr. Cross stated they will be public roads, and there will be a sidewalk on one side of all those internal streets.

434 November 21, 2017

Discussion followed regarding the traffic analysis done for the project and why the traffic engi- neer had gone out to the year 2041, school overcapacity, and possible rezoning of the school districts.

Chairman Noll then called to order a public hearing on Application No. ZM-170-16 that was duly advertised as required by law. Proposed Ordinance No. 17-15 is entitled:

AN ORDINANCE TO APPROVE AN APPLICATION TO REZONE 113.8 ACRES AT 517 YORKTOWN ROAD FROM RR (RURAL RES- IDENTIAL) TO R20 (MEDIUM DENSITY SINGLE FAMILY RESI- DENTIAL) SUBJECT TO VOLUNTARILY PROFFERED CONDI- TIONS

Mr. Robert Carol Emerson, 811 Yorktown Road, stated he looked at this proposal in a general perspective of how this development would affect the quality of life in his little community. He spoke of his support for the project stating he thought it would be better than if it were to be developed on the by-right method and would be better for the quality of life in the community than what currently exits. The addition of the serpentine fence, the extensive landscaping, and the sidewalk would not only increase the beauty of the property, but would also increase the safety for people walking along the road, especially the students that would be walking back and forth to school. He stated both the Smith family and the developers respected the histori- cal significance of the property, especially in how they had incorporated two historic cemeteries into a park like situation.

Ms. Debbie Jutras, 916 Yorktown Road, stated the traffic was not a problem, but she did not understand the exception the developer was requesting. She stated if an exception was made for this project, then further exceptions would be coming down the road that would also be expected to have the same exception applied to them. Ms. Jutras requested that the Board not approve the application.

Mr. William Rowe, Jr., 101 Hodges Cove Road, expressed his concern about the precedent that this change would set in the County so that one could change the zoning at a whim on other properties in the area that would cause problems in the future. He stated he disagreed with the application, and the applicant should use the current zoning that is in place as it would only be a difference of 38 houses.

Mr. Steve Ferguson, 107 Paspaheghe Run, expressed his support for the zoning change, stating since the first proposal in March the applicant had changed the number of lots from 142 to 113, and that was a positive thing because it would mean less cars and less traffic on the road and less service demand. He stated lot sizes were being increased from .18 acres to .3 per lot and along with the expansive improvements to Yorktown Road, the landscaping, and the addi- tion of the left turn that was not in the previous proposal, these changes were the reasons for his support. He stated the planned public benefit the neighbors would get from this proposal with the lighted public trails that would connect all three schools would increase safety for all the children. He stated Harrison and Lear was a local developer that had an investment in the community and its well-being, which would mean jobs, tax revenue, and helping neighbors. He stated this proposal was a win-win for the County, the developer, and for the Tabb area.

Mr. Kirk Allen, 103 Ada Drive, stated he lived in Taylor Farms adjacent to the proposed project, and he requested the Board not approve the rezoning action before them this evening. He stated this proposal goes against the Comprehensive Plan with this property being zoned RR. He stated two petitions had been generated last February and March opposing the rezoning and had been turned into the County Planning staff, and he was not sure why that was not part of the proceedings this evening. Mr. Allen felt the property should be developed as an RR proper- ty. Mr. Allen felt if an exception was made for this proposal, more exceptions would follow.

Ms. Monica Chandler, 102 Villa Way, stated she had attended the March meeting and spoke against the original proposal. When the developer came back with the changes, she was very pleased, especially with the walking path. She noted the walking path was very important to her because she had three children. She noted these improvements would give the residents the ability to walk and give resident access to other members of the community. She expressed her support of this plan just for the walking trails, stating she felt the residents and community should get something from this proposed development.

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Mr. Doug Harbin, Jr., 202 Landing Road, representing Wayne Harbin Builder, stated he was a local builder who supported this project. While listening to the presentation and the comments for this proposal, he stated it struck him that he was not a part of any of the projects that were currently on the County books with 4,000 developable lots. He stated he typically builds 18 to 20 homes a year, and he did not think any of the other builders in attendance this evening were a part of those projects either. He stated he meets with a lot of clientele week after week who were looking for this type of project in York County. Mr. Harbin stated the custom build- ing industry locally brings a lot of tax revenue to the County, and they were missing a lot of that because they did not have the lots for people to build a nice custom home in York County. He thought this project was important for that aspect, as the local builders have been assured by Harrison and Lear the builders would be local contractors. He stated he thought the biggest opposition to this application was the additional 38 lots, but a developer has infrastructure costs and has to try to keep lot costs down. Mr. Harbin thought the developer had done a great job of lowering the density, and he felt the Board should approve this project to try and help support the local builders and subcontractors in York County.

Mr. Tom Waltz, 134 Andrews Crossing, spoke in support of the application, stating the County would receive some benefits in the form of road improvements and walking trails which were encouraged in the County’s Comprehensive Plan. He noted he was also a supporter of property rights, stating the owner was proposing a development which would make any municipality envious. He stated it was a nice project and would provide York County with an upper end variety of new housing stock.

Mr. Kevin Almond, 1500 Seaford Road, spoke as a local builder in support of the application and the way the developer had proposed this project. He thought the proffers offered would be a benefit to everyone, and the change it would create with the extra homes would be minimal. He stated as a local builder it would be a huge benefit to the region to have a project that the national developers were not taking for their own. As a County citizen, Mr. Almond stated he would appreciate the Board’s support of this application.

Mr. George L. Smith, III, 517 Yorktown Road, stated his family has a very long history in the County and a huge vested interest in the County. He stated many people had expressed inter- est in the property, but he did not want to sell to a national builder and focused on finding the right buyer, right project, and doing right by the County given his ties to the County. He spoke of the reputation Harrison and Lear has for incredible work as well as a desire to continue working in the County which would ensure quality. Mr. Smith stated Harrison and Lear had listened to the County, reduced the density, and offered improvements that the County would not otherwise get. He stated they had gone about this project the right way and it showed in their end product which would ultimately be one of the premier subdivisions in the entire area. Mr. Smith stated they had received tremendous positive feedback from neighbors on the pro- ject, and the road improvements would actually help improve the traffic situation and also help the local builders. He stated his family had been very focused on doing right for the County, and they felt the Harrison and Lear team had put forth a proposal that ultimately would please everyone. Mr. Smith stated he thought this project was far superior to any alternative they might get, and he thought it would solidify the area as one of the nicest places to live in Hamp- ton Roads.

Ms. Donna Moyer, 106 Dandy View Lane, spoke in support of the project, as a real estate agent with Liz Moore and Associates, stating they had marketed Taylor Farms and worked with sev- eral of the builders in the room this evening. She then expressed her excitement about the project and to have something in York County with the local custom builders that were not national box builders.

Mr. Rey Feliciano, 3017 Hampton Highway, spoke in favor of the project, stating he lived near another Harrison and Lear project, and it had enriched his and his family’s lives. He stated he was an avid runner and could go out the back of his house through the woods and get into Running Man where he could run for miles; otherwise, he would have to get in the car and drive to a place to run. He noted he has three daughters who love going into Running Man and enjoying all the amenities they have there, and noted these amenities really do keep communi- ties together. Mr. Feliciano stated he thought everyone would benefit from another type of development like the one being proposed tonight, and he asked the Board to support this appli- cation.

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Mr. Andrew Duggan, 111 Waterman’s Way, spoke in favor of the project stating the infrastruc- ture with the lighted paths and sidewalks was a progressive residential development feature and something that planners in urban settings seem to be using more and more. He stated having the connectivity and walkability was something that was a net positive in this project. He stated from his understanding of the project, the turn lane and the queuing of the lights were built into the project and would be adequate to mitigate the traffic concerns.

Mr. John F. Biagas, 1107 Moore House Road, addressed the Board in support of this project, stating it gave the potential for another local development firm to develop something locally, which would have a multiplier effect that would help local people not only with jobs but with the self-support of all the different restaurants and businesses, as well as building materials. He stated this developer has taken time and effort to put forth a project that was a win-win for all parties concerned. He stated housing stock was needed in the County; and with the aging population, the County needed to attract the youngest, brightest people to the County. He asked the Board to support this project.

Mr. H. Guy Sager, Jr., 200-D Commerce Circle, owner of Greenfield Homes, spoke in support of the project. He stated he had worked with Harrison and Lear for a number of years, and he thought they would do a good job and it would be a great benefit to the County.

Ms. Connie Thomas McKinley, 315 Ferguson Bend, stated her children attended Tabb Middle School and Tabb High School and for over a year she and her husband had been looking for a lot to build a home on in York County. She stated the opportunity offered by Harrison and Lear would be perfect for her large family and so her children could continue in the Tabb School District.

Ms. Marsha Hahn, 109 Winder Road, asked the Board to deny the rezoning because of issues of quality of life. She stated many of the people who had spoken in favor this evening had a fi- nancial interest in the project and that did not do anything for the people who were current residents of the area. She asked if making this change would set precedence against the Com- prehensive Plan so other people would expect the same courtesy in changing it for them. She stated there had been references that this was only 38 more units than the by-right, but she was looking at it as only 27 less units than the plan that was denied by the Planning Commis- sion. She then addressed her concerns regarding traffic, maintenance of the proffers, and emergency services.

Mr. Mike Atlee, 114 Waterman’s Way, stated he did not have any financial interest in this project, but after listening to the presentation and the concerns, he thought it to be a very well thought out project, and he asked the Board to give considerable weight to approving the pro- ject.

Mr. Chuck Longacre, 317 Holly Point Road, addressed the Board in support of the project, stating it appeared to be a well thought-out and considered project. He stated he had two teenage drivers who used Yorktown Road a couple of times a day, so turn lanes and increased safety were certainly some things he thought would be positives. He also thought the lighted trails and sidewalks could also be utilized to keep folks off the street. He felt this project would be very important to the local builders and businesses that would be impacted positively by the project.

Ms. Carol Bartram, 102 Pageland Drive, spoke in opposition to the proposed development, asking the Board not to approve the change in zoning. She felt the zoning was there for a reason and the concerns about buildout and congestion had already been addressed this even- ing. She stated while she was in favor of pathways and sidewalks, it was already a part of the Comprehensive Plan. Although the developer had been thoughtful and responsive, she noted it was still a 50 percent increase in homes which would increase traffic and impermeable surface in terms of runoff.

Mr. Vern Lockwood, 101 Peyton Randolph Drive, spoke on behalf of the developer, Mr. Thomp- son, and his integrity and professionalism over the years. He noted he had worked with Mr. Thompson and many of his associates for 35 years and had financed a lot of the projects shown this evening before he retired from banking. He stated Running Man, one of Mr. Thompson’s developments, enabled him and his family to move to York County from Hampton and enjoy the opportunity for his children to attend Tabb schools and graduate with honors. He stated over the years he had financed commercial, residential, and residential multi-family projects, both development and construction for Harrison and Lear in the neighborhood of $30 million and 437 November 21, 2017

many thousands of units. What he found with Harrison and Lear was that they were respon- sive and they tried to make a development fit the community the project was in and try to improve the quality of life that was there. Mr. Lockwood stated he had no doubt this project would be a positive for York County as a whole and for Tabb.

Mr. Steven Kozlowski, 138 Cardinal Lane, spoke against application, stating there was no shortage of housing in York County. He stated he supported the applicant’s right to build about 95 homes under the current zoning but did not feel the zoning should be changed be- cause surrounding parcels have other zoning. He stated his family had recently moved to York County from an over-developed, beautifully lit community to the solitude and quietness of Tabb. He then spoke of the width of Cardinal Lane, stating he thought it might become a cut- through road if the proposed project was approved. He stated Yorktown Road was already overwhelmed and could not safely support one or more high density building projects.

Mr. Robert Holloway, 301 Ryans Way, spoke against the rezoning of the Smith property quoting from the Comprehensive Plan. He asked the Board to keep the zoning Rural Residential.

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

Mr. Shepperd expressed his appreciation for all the comments by everyone this evening, noting that all the speakers cared about the County. He noted the comments were very important to the Board. He then gave his opinion on the project, stating the Planning Commission had done its job. He stated any developer who came in front of the Planning Commission had better have done their due diligence before showing up in front of the Board of Supervisors, and Harrison and Lear had done their due diligence and had learned a hard lesson. He stated the Compre- hensive Plan had been brought up time and time again this evening, and he noted the Plan was just a plan and provides an idea and did not mean that things were never going to change. He stated changes were not made in terms of growth in a community, two things would happen— taxes would have to be raised or your community becomes poor. Mr. Shepperd noted he was surprised by the comments about precedence setting of a rezoning of rural residential. He stated 16 years ago after he was first elected to the Board he had been appalled when a pro- posal had been presented to rezone rural residential to high density for a senior project on Hampton Highway. The proposal was for 10 units per acre, the highest density that had ever occurred in York County, and he voted no. He stated that 16 years later he had learned a few things called “give and take” which was a hard lesson to learn. He addressed traffic concerns, stating that in the past the state and the federal government funded interstate roads, but today localities funded 65 percent of the roads which was the only way roads get improved. He wished there was a sidewalk down Yorktown Road so the kids did not have to jump in the ditch when they were running down the road from Tabb High School, and he also wished there was a bicycle path that would go all the way to Williamsburg. He stated these things were in the Comprehensive Plan, but the County did not have the money, so what the Board was doing was going out and fitting in pieces where it worked. He noted Harrison and Lear had built Running Man, a beautiful neighborhood, and really took care of the area and met the standards. He stated if the County wanted improvements to Yorktown Road, it was going to have to come through a builder, otherwise York County would have to become a city, get a charter, and raise taxes 40 cents and build its own roads. He stated he would support this project because he felt the beauty of the place would elevate the value of property and continue to maintain the quality of life in York County.

Mr. Green indicated he was still mulling over the pluses and minuses of the application, but while he had so many builders and developers in the audience he wanted to express his opposi- tion to development of future condos or apartments in York County and express his approval of more developments such as Taylor Farms and the neighborhoods there. He thought they were very nice developments that he would like to see more of in the County as building goes forth on the County’s precious resources.

Mr. Zaremba stated he wanted to first address Mr. Shepperd’s erroneous comments starting with the Comprehensive Plan. He stated the County’s Comprehensive Plan identified in round numbers 81,000 as the potential population based on the zoning that had been identified using a very sophisticated technology called GIS. He stated it was a plan, but it was a plan that described where 67,000 people would like to see economic development, residential develop- ment, recreational facilities, and so forth. He stated when someone comes in to the Board of Supervisors and wants to change that plan, there had better be a strong argument with respect 438 November 21, 2017 to the rationale for that change. He noted Mr. Shepperd had mentioned taxes that the County would depend on from the tax paying citizens, but that was the wrong kind of economic growth and what the County really needed to do was have the right kind of economic growth, not residential growth, to generate income for the County to spend. Mr. Zaremba stated in his opinion that was what the County lacked because it was not able to get the right kind of eco- nomic development to take the burden off the citizen tax payer. He stated he did not have a problem with Harrison and Lear and this particular development, but what was not mentioned was that sooner or later there would be a lot of dollars needed for public services, and there were already between 4,000 to 6,000 already approved residential or apartment complexes that had not been identified. He stated the Board had approved a mixed-use development last month of 240 units up on Lightfoot Road, and that was going to wind up being an absolute catastrophe because it was on a road very similar to Yorktown Road that could not handle the volume of traffic today let alone the additional volume of traffic when the project comes to fruition. He stated he was opposed to this project because at some point in time the Board has to draw a line and do the right thing for the taxpayers of York County with respect to taxes and putting demands on the back of the taxpayer.

Mr. Wassmer commented that for him it really boiled down to what, at the end of the day, did the project look like, what were the proffers, what did the infrastructure do, what did we look at, and what were we left with. He stated he did not buy into the part about a precedent being set, stated in his time on the Board he thought issues stood on their own merit.

Chairman Noll stated the Board had to look at the future of what the County was going to be and could not stand still. She stated the Board always had to look to see the quality of what they were going to approve or disapprove, and she thought this development was going to bring in more life to York County. The County has many citizens who are older and on fixed in- comes, and the County could not always depend on the taxes that they pay, and the County could not afford the amenities and the proffers that have been offered with this project. She noted this was why Yorktown Road would remain the same forever and a day. She stated she looked at the sidewalks which the County would very much like to put in, and the Board has had people come before them for years asking for sidewalks because of the safety issues on Yorktown Road. She reiterated that the County had to look at the proffers and what they would bring to the safety of the children and look at the vitality that a quality development had for the people it will attract as well as the economic end of it and the fact that it would bring jobs to people who live in York County. Mrs. Noll stated she had looked at the project and listened to the comments of those who took the time to come out and speak this evening, and noted it was very helpful when the Board heard from the citizens because they did not live in a vacuum. When the time comes, she stated the Board had to make the best judgment it felt was for the benefit of all the citizens and for the future of York County, so she indicated she would support this project.

Mr. Shepperd then moved the adoption of proposed Ordinance No. 17-15 that reads:

AN ORDINANCE TO APPROVE AN APPLICATION TO REZONE 113.8 ACRES AT 517 YORKTOWN ROAD FROM RR (RURAL RES- IDENTIAL) TO R20 (MEDIUM DENSITY SINGLE FAMILY RESI- DENTIAL) SUBJECT TO VOLUNTARILY PROFFERED CONDI- TIONS

WHEREAS, Harrison and Lear, Inc. has submitted Application No. ZM-170-16, which is a request to amend the York County Zoning Map by reclassifying an approximately 113.8-acre parcel of land located at 517 Yorktown Road, further identified as Assessor’s Parcel No. 30-182 (GPIN T04a-2314-2904), from RR (Rural Residential) to R20 (Medium-density single family residential) subject to voluntarily proffered conditions; and

WHEREAS, said application has been forwarded to the York County Planning Commis- sion in accordance with applicable procedure; and

WHEREAS, the Planning Commission recommended denial of this application and the applicant has made revisions in an effort to address the concerns identified by the Commission and staff; and

WHEREAS, the York County Board of Supervisors has conducted a duly advertised pub- lic hearing on the application; and

439 November 21, 2017

WHEREAS, the Board has carefully considered the public comments and Planning Commission recommendation with respect to this application;

NOW, THEREFORE, BE IT ORDAINED by the York County Board of Supervisors this the 21st day of November, 2017 that Application No. ZM-170-16 be, and it is hereby, approved to amend the York County Zoning Map by reclassifying an approximately 113.8-acre parcel of land located at 517 Yorktown Road, further identified as Assessor’s Parcel No. 30-182 (GPIN T04a-2314-2904), from RR (Rural Residential) to R20 (Medium-density single family residential) subject to the voluntarily proffered conditions set forth in the proffer statement titled “Smith Property Proffered Conditions”, dated September 12, 2017 and signed by George L. Smith III, Manager, Smith Asset Management, LLC and Thomas T. Thompson, Chairman, Harrison and Lear, Inc.

BE IT FURTHER RESOLVED that in accordance with Section 24.1-114(e)(1) of the York County Zoning Ordinance, a certified copy of this ordinance, together with a duly signed copy of the referenced proffer statement, 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 prior to application for subdivision review.

On roll call the vote was:

Yea: (4) Green, Wassmer, Shepperd, Noll Nay: (1) Zaremba

VACATION OF DRAINAGE AND UTILITY EASEMENT

Mr. Morgan stated there had been an office development on this property many years ago, and about 18 months ago the Board had approved an age-restricted residential development, York Senior, LP, on the property. The developer was in the process of engineering the site, so the easements needed to be vacated from the site plan; and when the new development was ready, the County would receive new easements. He stated this action was to clear out the obsolete easements so the project that was approved could proceed.

Chairman Noll then called to order a public hearing on proposed Ordinance No. 17-14 that was duly advertised as required by law and is entitled:

AN ORDINANCE VACATING PORTIONS OF CERTAIN DRAINAGE AND UTILITY EASEMENTS LYING OVER AND THROUGH PROP- ERTY LOCATED AT 300ZZ BULIFANTS BOULEVARD OWNED BY YORK SENIOR, LP

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

Mr. Zaremba then moved the adoption of proposed Ordinance No. 17-14 that reads:

AN ORDINANCE VACATING PORTIONS OF CERTAIN DRAINAGE AND UTILITY EASEMENTS LYING OVER AND THROUGH PROP- ERTY LOCATED AT 300ZZ BULIFANTS BOULEVARD OWNED BY YORK SENIOR, LP

WHEREAS, by subdivision and site plats previously recorded among the York County land records as Instrument Nos. 050002172 and 090000954, there were conveyed to the Coun- ty certain water, sewer, and drainage easements across property at 300ZZ Bulifants Boulevard, otherwise identified as York County GPIN C19c-1938-0016; and

WHEREAS, the owner of the property, York Senior, LP, proposes to construct thereon an apartment complex for senior housing, and in connection therewith seeks the vacation of portions of such easements as shown on a plat made by AES Consulting Engineers dated Sep- tember 22, 2017 entitled “EXHIBIT SHOWING EASEMENT VACATION ON PARCEL 9, PROPER- TY ADDRESS: 300ZZ BULIFANTS BOULEVARD, PROJECT: YORK SENIOR APARTMENTS,” a 440 November 21, 2017 copy of which plat is attached to the County Administrator’s Memorandum to the Board dated September 28, 2017; and

WHEREAS this matter has been advertised for a public hearing pursuant to Code of Virginia §§ 15.2-2270 and 15.2-2272; and

WHEREAS, the Board deems it in the public interest to vacate portions of the ease- ments as requested;

NOW, THEREFORE, BE IT ORDAINED by the York County Board of Supervisors this 21st day of November, 2017, that the County of York, Virginia, vacates those easements, or portions thereof, as shown on the referenced plat, and further that the County Administrator is authorized to execute and record among the York County land records such deed or deeds as may be required to evidence the vacation upon the land records.

On roll call the vote was:

Yea: (5) Wassmer, Shepperd, Zaremba, Green, Noll Nay: (0)

NEW BUSINESS

APPLICATION HYDC-134-17, HEDGE – HISTORIC YORKTOWN DESIGN COMMITTEE APPEAL

Mr. Morgan stated the Board had heard from the Mr. Hedge during the Citizen’s Comment Period. He stated the gentlemen had received approval to build a fence according to the design standards in Yorktown and then objected to the design committee’s requirement that it be painted. He noted the Historic Yorktown Design Committee (HYDC) had been charged with making sure the properties in Yorktown adhered to the historic design standards, and Mr. Hedge was requesting that the Board overrule the design review committee insistence that the fence be painted. He noted staff had recommended that the painting requirement be enforced because those were the rules that people have to live by in Yorktown.

Mr. Wassmer stated he knew in Yorktown Village there were definitely older homes that were historic, but from the picture in the package, this home did not look as old as some other homes. He noted that also provided in the package were pictures of six other fences that were not white, and he asked if those homes were in the same area and, if so, why they were not painted white.

Mr. Cross stated it was his understanding that the fences that were not painted white predated the adoption of the Historic Yorktown Design guidelines or the homes were on the National Park Service property over which the County has no jurisdiction. He stated the issue was that when Mr. Hedge submitted the application to install a fence he had indicated that it would be an exact same type of fence as was in the picture he submitted with the application, and that fence was white. Based on that knowledge, the HYDC approved the fence. He stated the guide- lines state “the fence should be simple in overall design painted white, . . .”

Mr. Wassmer stated the picture Mr. Hedge submitted was a picture of a white fence.

Mr. Cross stated Mr. Hedge’s position now was that he did not intenf to actually paint the fence white, but that was what he submitted and what the HYDC considered when they voted to approve the application.

Chairman Noll stated the other pictures were of other fences that predated the committee.

Mr. Cross stated any picket fences that were not white predated the HYDC or were on Park Service property. He stated the home was in the west part of Yorktown.

Mr. Shepperd asked if the home was in the historical overlay, and he asked what the basis of appeal was other than the fact that Mr. Hedge could appeal the decision.

Mr. Cross stated one of Mr. Hedge’s concerns was the maintenance of having to repaint the fence over time.

441 November 21, 2017

Discussion followed regarding the HYDC guidelines and its requirement for the applicant to paint the new fence.

Chairman Noll moved the adoption of proposed Resolution R17-143 that reads:

A RESOLUTION DENYING THE APPEAL BY CHARLES M. HEDGE OF THE CERTIFICATE OF APPROPRIATENESS ISSUED BY THE HISTORIC YORKTOWN DESIGN COMMITTEE FOR 107 AMBLER STREET IN CONNECTION WITH APPLICATION NO. HYDC-134-17

WHEREAS, on September 20, 2017, the Historic Yorktown Design Committee (HYDC) denied Application No. HYDC-134-17, submitted by Charles M. Hedge, thus affirming the Committee’s previous approval granted May 16, 2016, whereby Mr. Hedge was granted approv- al for a fence at 107 Ambler Street, to be painted white and which took into account the guid- ance provided in Appendix 2 of the Yorktown Design Guidelines document at 107 Ambler Street (Route 1009) and further identified as Assessor’s Parcel No. 18A-1-3C (GPIN P12c-1847-1442); and

WHEREAS, Charles M. Hedge, has appealed the decision of the HYDC to the York Coun- ty Board of Supervisors in accordance with the provisions of Section 24.1-377(l)(1) of the York County Zoning Ordinance, asking for a waiver of the HYDC’s requirement that the fence be painted white;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 21st day of November, 2017, that the HYDC’s denial of Application No. HYDC-134-17 is hereby upheld and, in so doing, the Committee’s decision that the fence must be painted white is affirmed.

NOTE: By the Board’s denial of this resolution, the decision of the Historic Yorktown Design Committee on Application No. HYDC-134-17, on appeal by the Applicant, is hereby overturned.

On roll call the vote was:

Yea: (2) Shepperd, Noll Nay: (3) Zaremba, Green Wassmer

CLOSED MEETING. At 9:30 p.m. Mr. Wassmer 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.

On roll call the vote was:

Yea: (5) Zaremba, Green, Wassmer, Shepperd, Noll Nay: (0)

Meeting Reconvened. At 9:39 p.m. the meeting was reconvened in open session by order of the Chair.

Mr. Wassmer moved the adoption of proposed Resolution SR-1 that reads:

A RESOLUTION TO CERTIFY COMPLIANCE WITH THE FREE- DOM 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

442 November 21, 2017

WHEREAS, Section 2.2-3711.1 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 21st day of November, 2017, 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 meet- ing were heard, discussed, or considered by the York County Board of Supervisors.

On roll call the vote was:

Yea: (5) Green, Wassmer, Shepperd, Zaremba, Noll Nay: (0)

APPOINTMENTS TO THE HEAD START POLICY COUNCIL

Mr. Wassmer moved the adoption of proposed Resolution R17-131 that reads:

A RESOLUTION TO APPOINT PARENTS TO THE YORK COUNTY HEAD START POLICY COUNCIL

WHEREAS, Head Start federal regulations require a Head Start Policy Council; and

WHEREAS, the Grantee seeks to formalize and enhance the shared governance between the Policy Council and the Grantee;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 21st day of November, 2017, that the following individuals be, and they are hereby, appointed to the York County Head Start Policy Council for a term of one year, such term to begin Octo- ber 1, 2017, and end September 30, 2018:

Claire Baxter Head Start Parent Brittany Boulanger Head Start Parent Latoshia Capel Head Start Parent Molly Firth Head Start Parent Erini Gerges Head Start Parent Darlene Martin Head Start Parent Maria Mingee Head Start Parent Joy-Tonia Moore Head Start Parent Donna Mull Head Start Parent Michelle Murphy Head Start Parent Rebecca Peterson Head Start Parent Satin Ricketts Head Start Parent Sarah Rogone Head Start Parent Chyeann Silva Head Start Parent Anamaris Smith Head Start Parent Richard Smith Head Start Parent Precious Swinton Head Start Parent Mitch Farkas Community Representative Jacquelyn Gardner Community Representative Shawn Henderson Community Representative Carol Justis Community Representative Melissa Olivis Community Representative Clara Turner Community Representative Valerie Wilson Community Representative Quinatona Winston Community Representative Cadel Wright Community Representative

BE IT FURTHER RESOLVED that the Board of Supervisors does hereby compliment, thank, and congratulate the appointees for their willingness to serve and for their meaningful involvement in their children’s early childhood developmental programs.

443 November 21, 2017

On roll call the vote was:

Yea: (5) Wassmer, Shepperd, Zaremba, Green, Noll Nay: (0)

APPOINTMENTS TO THE SENIOR CENTER OF YORK BOARD

Mr. Green moved the adoption of proposed Resolution R17-146 that reads:

A RESOLUTION TO APPOINT REPRESENTATIVES TO THE SEN- IOR CENTER OF YORK BOARD

WHEREAS, the resignations of Judy Cross, Myrtle Smith, Charlotte Tyeryar, and Jerry Thompson create four vacancies on the Senior Center of York Board;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 21st day of November, 2017, that Martha Y. Copes, Nancy A. Geary, Timothy J. Grabowski, Cynthia Slominski, and Cheryl A. Nelson-Barnard be, and they are hereby, appointed to the Senior Center of York Board to complete the unexpired terms of Judy Cross, Myrtle Smith, Charlotte Tyeryar and Jerry Thompson, such terms to begin immediately and end June 30, 2021.

On roll call the vote was:

Yea: (5) Shepperd, Zaremba, Green, Wassmer, Noll Nay: (0)

APPOINTMENTS TO THE HISTORICAL COMMITTEE

Chairman Noll moved the adoption of proposed Resolution R17-147 that reads:

A RESOLUTION TO APPOINT VOTING MEMBERS TO THE YORK COUNTY HISTORICAL COMMITTEE

WHEREAS, there are currently a total of seven vacancies for Voting Members of the York County Historical Committee; and,

WHEREAS, Associate Member, Bob Norman, wishes to seek appointment as a Voting Member due to his acquiring residency in York County; and,

WHEREAS, the Committee may have unlimited number of non-voting Associate mem- bers;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 21st day of November, 2017, that the following individuals be, and they are hereby, appointed as voting members of the York County Historical Committee:

Eric S. Carlson Edward G. McGinley David J. Mousette Robert L. Norman Seth T. Pilgrim Thomas B. Williams Douglas D. Ziegler

On roll call the vote was:

Yea: (5) Zaremba, Green, Wassmer, Shepperd, Noll Nay: (0)

444 November 21, 2017

APPOINTMENT TO THE SOCIAL SERVICES BOARD

Chairman Noll moved the adoption of proposed Resolution R17-148 that reads:

A RESOLUTION TO APPOINT A YORK COUNTY STAFF REPRE- SENTATIVE TO THE YORK-POQUOSON SOCIAL SERVICES BOARD

WHEREAS, due to the resignation of Wanda Moore, a vacancy of a staff representative exist; and

WHEREAS, Ms. Vivian McGettigan, Deputy County Administrator, has indicated she wishes to be considered for appointment to this board as a staff representative;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 21st day of November, 2017, that Vivian A. Calkins-McGettigan be, and she is hereby, appoint- ed as the York County staff representative on the York-Poquoson Social Services Board to fill the unexpired term of Wanda Moore, such term to begin immediately and expire December 31, 2019.

On roll call the vote was:

Yea: (5) Green, Wassmer, Shepperd, Zaremba, Noll Nay: (0)

A RESOLUTION TO APPOINT A MEMBER TO THE YORK COUNTY LIBRARY BOARD

Mr. Wassmer moved the adoption of proposed Resolution R17-149(R) that reads:

A RESOLUTION TO APPOINT A MEMBER TO THE YORK COUNTY LIBRARY BOARD

WHEREAS, on December 31, 2017, the terms of Penny Showalter and Melissa McGill to the York County Library Board will expire; and

WHEREAS, only Ms. McGill wishes to be considered for reappointment;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 21st day of November, 2017, that the following individual be, and is hereby, appointed to a four-year term on the York County Library Board, such term to begin January 1, 2018, and end December 31, 2022:

Melissa J. McGill

On roll call the vote was:

Yea: (5) Wassmer, Shepperd, Zaremba, Green, Noll Nay: (0)

Meeting Adjourned. At 9:43 p.m. Chairman Noll declared the meeting adjourned to the next Regular Meeting to be held at 6:00 p.m., Tuesday, December 5, 2017, in the Tabb Library Meeting Room, 100 Long Green Boulevard, Yorktown.

______Neil A. Morgan Sheila S. Noll, Chairman County Administrator York County Board of Supervisors