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Regular Meeting
April 4, 2000
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, April 4, 2000, in
the Board Room, York Hall, by Chairman Walter C. Zaremba.
Attendance. The following members of the Board of Supervisors were
present: Walter C. Zaremba, Sheila S. Noll, Donald E. Wiggins, James S.
Burgett, and Melanie L. Rapp.
Also in attendance were Daniel M. Stuck, County Administrator; and
James E. Barnett, County Attorney.
Invocation. Dr. Richard D. Harrell, Seaford Baptist Church, led
the invocation.
Pledge of Allegiance to the Flag of the United States of America.
Miss Rapp led the Pledge of Allegiance.
PRESENTATIONS
INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARDS AND COMMISSIONS
Vice Chairman Burgett welcomed and introduced the following newly
appointed members to the York County Historical Committee and presented
them with their Boards and Commissions Handbooks and York County pins:
Joseph A. Roszkowski Richard P. Long (Associate) David J. Meredith
Carol R. Meredith (Associate) Jerry R. Karwac (Associate)
NEIGHBORHOODS OF THE YEAR
Mr. Wiggins indicated that three York County communities won
awards out of 30 on the Peninsula.
Mrs. Noll noted that it was Brandywine's second award.
Vice Chairman Burgett presented representatives of the following
communities with signs stating their status as "Neighborhood of the
Year":
Brandywine York Point Jacobs Springs
CLEAN BUSINESS AWARDS
Ms. Laurie Halperin, Beautification Coordinator, presented a short
video showing the three locations achieving the Clean Business Award for
the 2nd quarter of 2000. Chairman Zaremba then presented representatives
of the following businesses with a plaque in recognition of their
achievement:
Upper County: The Greener Side Middle County: Yorktown Flower
Shoppe Lower County: Marriott Courtyard Hotel
STATUS OF THE KING WILLIAM RESERVOIR PROJECT
Mr. David Morris, Newport News Waterworks, provided the Board
members with an update on the King William Reservoir Project. He
discussed the history depicting the region's water supply and how the
region has dealt with the increased demand. He then described the
proposed project. He spoke of where the water comes from naturally and
the problems encountered in order to manage it. At present the only
river that serves the area is the Chickahominy, and it is felt that
there is a need to draw water from the Mattaponi into a reservoir. Mr.
Morris then briefly addressed the issue of the effects of such a
reservoir on the Native American Indians living in the area. He then
discussed the permitting process through the Corps of Engineers,
indicating the project had received a state permit in December of 1997,
and the project is now awaiting federal action. He explained that
another water needs study was being conducted in order to update the
numbers and estimates because the current figures are 10 years old. He
also noted that the State would be providing the guidelines for the
study, and completion should be by November 1, 2000. The information
from this study will be forwarded to the Corps of Engineers in New York
for a decision, and it is estimated that the final recommendation and
comments will be made by this time next year. Mr. Morris stated Newport
News was working cooperatively among the communities to share resources
and complete a report to the elected officials on how the current water
supply can be stretched to 2014.
Mr. Wiggins stated if the permit is obtained, Newport News will
supply water not only to Newport News, Hampton, and York County, but
also to New Kent and King William Counties.
Mr. Morris indicated that Mr. Wiggins was correct.
Mr. Wiggins stated his hope that the Williamsburg area would be
served by Newport News at some point because the water quality there is
so bad. He indicated that the fact that the project is critical to and
would serve so many localities is not well known, and more emphasis
needed to be made on that fact.
Mr. Morris noted his agreement, stating the goal is to work out a
win/win scenario for the communities involved.
Miss Rapp asked what other ways was Newport News looking to
provide water if the Corps of Engineers was to deny the permit.
Mr. Morris stated his office was trying to develop a long-term
plan so that it would not have to deal with case-by-case crisis
situations. He noted the Waterworks looked at 36 alternatives, and the
King William alternative was the only solution.
Miss Rapp indicated it was her understanding that King William
County no longer supports the project.
Mr. Morris stated King William has a newly elected Board of
Supervisors, and they have not yet had an opportunity as a board to make
a decision concerning the project. He noted there is a current contract
in effect with King William. He stated there are a lot of concern as to
how the citizens in King William feel about the project, and one of the
problems is that there is not enough information given to the citizens.
CITIZENS COMMENT PERIOD
Mrs. Dreama S. Willett, 116 Anchor Lane, indicated that just prior
to purchasing property on Whites Road, she and her husband found out
that the water connection fee had not been paid and that the connection
fee was now $5,000. She stated that without sewer service the lot is
virtually unusable, and she requested that the County allow them to pay
the original $2,700 connection fee because the value of the property
will automatically increase.
Mrs. Juliette B. Mitchell, 125 Three Notched Road, representing
the Board of Directors of Grafton Woods subdivision, stated that the
residents of Grafton Woods are concerned about a safety issue dealing
with the drainage ditch running off of Grafton Drive. She stated the
easement runs behind Grafton Woods' homes, and the runoff from Grafton
Drive feeds into the ditch that ends in an open ditch containing large
pieces of concrete and riprapp. Mrs. Mitchell stated the residents are
concerned that a child will drown in the ditch. She indicated the
Grafton Woods residents have expressed their concerns to VDOT, and the
Board of Directors has requested that VDOT pipe and backfill the ditch.
VDOT has stated that the cost of such a project would be prohibitive at
$27,000. Mrs. Mitchell stated an independent contractor had given the
Board of Directors an estimate of $20,000, and the residents of Grafton
Woods request that the Board of Supervisors authorize additional funds
to correct this safety problem.
Ms. Colleen Brogan, 124 Barn Swallow Ridge, President of the
Grafton Woods Homeowners' Association, stated all the residents concur
with Mrs. Mitchell's assessment of the drainage ditch and its hazardous
condition. She stated the homeowners' association requests that the
Board of Supervisors help in funding the correction of this problem. She
also thanked Mr. Wiggins for going out to look at the ditch, and she
thanked all the Board members for their consideration of this situation.
Ms. Brenda Bowman, 109 York Point Drive, appeared to asked the
Board's consideration concerning the development of an ordinance to
provide tax relief to individuals who have improved their property
through certain erosion control improvements. She stated Mr. Barnett has
indicated that no such ordinance has been addressed by York County, and
he would look at other jurisdictions for a model. She asked that the
Board consider this matter by directing Financial and Management
Services to show a fiscal impact of such an action.
Mr. Clyde L. Jonas, 115 River Point Drive, spoke about the Board
getting involved with the hiring of department directors, stating the
Board should let the County Administrator do his job and hold him
accountable for what he does. He stated the Board's time would be much
better spent on other matters.
Mr. Donald Phillips, 200 Dogwood Court, addressed the Board
concerning the King William Reservoir project. He stated that for the
first time in history the Corps of Engineers has indicated it will deny
a public water project. The Norfolk Commander's decision will be
reviewed in New York, and the Environmental Protection Agency (EPA) is
still waiting in the wings, and he stated he feels the EPA won't say
anything until the Corps of Engineers makes its decision. Mr. Phillips
stated he feels there is plenty of water for Newport News to commit
service to the upper part of York County through the year 2040 and that
a lot of wasted money has been spent fighting this decision when there
is already an adequate water supply. He stated that since 1991 water use
has not increased.
Mrs. Linda Sotack, 100 Hillburne Lane, spoke concerning the
proposal for an executive personnel committee, stating she had heard
many comments against such a proposal and she hoped that those
individuals would share their comments with the Board members. She
stated she felt the County Administrator did a superb job, and the
County is in good shape because he has been the County Administrator for
the past 12 years.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett briefed the Board members on the status of Senate Bill
414 concerning photo monitoring of traffic intersections. He stated the
bill passed with amendments that would have added York County by
population, but the Governor has not yet acted on it and is wavering. He
suggested that the Board members might want to consider writing to the
Governor at this time. He then mentioned that he and Mrs. Hook would be
attending the Local Government Attorney's Conference in Alexandria on
Thursday and Friday.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. Stuck indicated that the Board members had been provided with
new Mission Statement/Goals cards, stating they will be distributed to
all employees so that they are aware of what the Board feels is
important during its term. He stated staff had also provided the Board
with a draft work session schedule for the balance of the year. All of
the issues which staff believes will come up through the end of this
calendar year were included, and he noted that the time for the work
sessions scheduled for Tuesdays has been changed to 6:30 p.m. He asked
that the Board members take a look at the schedule and let him know
before the next meeting if they feel it is acceptable. Mr. Stuck then
informed the Board members that at their next meeting they would be
receiving a significant briefing document on items that would be coming
up on future work sessions so that they could review the material at
their leisure.
MATTERS PRESENTED BY THE BOARD
Miss Rapp thanked Teresa Williams, George Garrett, and Maywood
Wilson of District 5 who served on her budget committee.
Mr. Wiggins spoke of his goals as a member of the Board. He stated
the County has a tremendous problem with Route 17 traffic, tremendous
drainage problems, and something must be done about them. He stated the
County has young people who have no place for recreational facilities,
and the Industrial Development Authority needs overhauling in order to
get more industry in York County. For this to happen, Mr. Wiggins stated
the Supervisors need to take charge of citizen committees to work on
these problems. The citizens have great suggestions, and many people
want to help. There is a tremendous amount of talent in the County, and
he stated he would like to have the Chairman of the Board select a
committee on drainage and get started on some of these problems.
Mrs. Noll noted that last Wednesday she attended Capitol Hill day
in Washington which was sponsored by the Government Research and
Technology Advisory Committee. She stated that presentations were made
concerning the need for the state's universities becoming stronger in
the research and technology area. She noted that no Virginia university
was ranked in the top ten in research. She stated the Governor has
established a $26 million fund for research and technology
infrastructure, and there is the need to enlist the aid of not only York
County citizens but also the help of the Virginia legislative
delegation. She noted that specific ways to support this initiative are
to support the President's FY2001 budget for increased science and
technology funding, increases in the defense research accounts, and
support the increase for the NASA Langley Research Center's budget. Mrs.
Noll stated it was imperative that people are made aware of the
importance of research to the country.
Mr. Burgett noted that at the last work session he brought up an
idea for discussion to generate thoughts how the Board might better
serve the citizens by looking at the hiring practices of the County's
department directors. He stated it seemed like a reasonable topic to
him, and he expected a dialog to look at the idea objectively with free
discussion. He indicated he had anticipated a dogmatic response from
some, but the local newspapers killed any hope of constructive dialog by
choosing to portray Mr. Wiggins and him rudely and in the worst possible
light. Mr. Burgett stated he personally had 6 negative responses and 21
positive responses, and he will continue to express ideas for better
serving the citizens.
Chairman Zaremba stated his platform for running for the Board of
Supervisors was based on his pledge to the citizens to do what he could
to work with the Board and staff to improve the accountability and
responsiveness to the citizens of the County. Once elected, the Board
members look at areas of the County to see where improvements can be
made in order to serve the citizens better. He stated the citizens will
see a lot of ideas during this next four years, and the citizens will
have an opportunity to weigh each of them. He stated it is the Board's
duty to get out and be a part of the debate, and the Board only wants to
make decisions that are in the best interest of the citizens.
Meeting Recessed. At 8:13 p.m. Chairman Zaremba declared a short
recess.
Meeting Reconvened. At 8:24 p.m. the meeting was reconvened in
open session by order of the Chair.
PUBLIC HEARING
TOWER LEASE AGREEMENT
Mr. Stuck briefly explained the purpose of proposed Resolution
R00-51 to authorize the execution of a tower lease agreement with Triton
PCS Property Company, L.L.C., for tower space on the York High School
tower.
Chairman Zaremba called to order a public hearing on proposed
Resolution R00-51 that was duly advertised as required by law and is
entitled:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A
TOWER LEASE AGREEMENT WITH TRITON PCS PROPERTY COMPANY L.L.C., FOR TOWER
SPACE ON THE YORK HIGH SCHOOL TOWER
There being no one present who wished to speak concerning the
proposed resolution, Chairman Zaremba closed the public hearing.
Mr. Wiggins asked how many people are leasing space from the
County on this tower.
Mr. Terry Hall, Emergency Communications Manager, indicated there
were four paging companies and two PCS companies.
Mr. Wiggins asked what the maintenance was on the tower per year.
Mr. Hall indicated the County pays $100 per month for maintenance.
He also noted that because of the leasings there have been three stress
analyses done on the tower in the last four years.
Mr. Wiggins stated he felt the lease sounded like a good deal.
Mrs. Noll stated the program to co-locate on County communications
towers was put in place during the last Board's term. These agreements
have become standard.
Chairman Zaremba asked how many York County towers had renters on
them.
Mr. Hall stated there are two main towers at York High School and
at Fire Station #2. The remainder are on school property and at other
fire stations.
Mrs. Noll moved the adoption of proposed Resolution R99-51 that
reads:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A
TOWER LEASE AGREEMENT WITH TRITON PCS PROPERTY COMPANY L.L.C., FOR TOWER
SPACE ON THE YORK HIGH SCHOOL TOWER
WHEREAS, the Board owns a radio telecommunications tower adjacent
to York High School, and has entered into a long term lease with the
York County School Division for ground space surrounding the tower; and
WHEREAS, Triton PCS Property Company L.L.C. ("Triton"),
desires to enter into a tower lease agreement with the Board in order to
lease space on the tower at the 240' elevation, together with property
on the ground immediately adjacent to the tower for the purpose of
constructing an equipment shed and related improvements; and
WHEREAS, the tower lease agreement proposed by Triton would
benefit the public through the realization of tower rental fees and by
reducing the need for the erection of additional communications towers
within the County; and
WHEREAS, this matter has been advertised for public hearing
pursuant to Virginia Code § 15.2-1800, and this Board has determined
that the proposed lease agreement will benefit the public.
NOW, THEREFORE, BE IT RESOLVED that the County Administrator be,
and he hereby is, authorized to execute a tower lease agreement with
Triton, such agreement to be approved as to form by the County Attorney,
whereby the Board shall lease to Triton, tower space at the 240'
elevation level of the York High School tower, together with
approximately 136 sq. ft. on the ground immediately adjacent to the
tower for the erection thereon of an equipment shed and related
improvements, such lease to be for an initial term of five (5) years,
with automatic renewals for four (4) additional renewal periods of five
(5) years each, with annual rent during the initial term set at $20,000,
increased thereafter during each subsequent renewal term by fifteen
percent (15%), such lease agreement to be substantially similar to the
draft tower lease agreement attached to the County Administrator's
report to the Board dated March 20, 2000.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
MATTERS PRESENTED BY THE BOARD (Continued)
INTERACTION GUIDELINES
Mr. Stuck briefly explained that at its retreat held in early
February the Board discussed a number of issues, and they talked about
interpersonal relationships between the Board members and ways they
could show respect to each other. At the end of the retreat, the Board
asked staff to pull it all together and provide them with a draft of
what they had discussed. He stated that staff tried to capture the
issues discussed, and they were presented to the Board members several
weeks ago. During the retreat, the Board discussed some sort of
commitment to one another by signing such a document. Mr. Stuck stated
there was also some discussion about the County Administrator being a
party to signing such a document.
Miss Rapp stated she supported version #1 that had been presented
to the Board. She indicated the guidelines were very important to her
because she felt the Board needed to do a good job of respecting each
other in front of the public. She stated things are done when the Board
is in open session, and she feels things change when the Board is in a
closed meeting. She stated she was used to stressful situations, but not
to an environment where there was no spirit of respect. She then
reviewed for the public the nine points included in the guidelines. She
stated that at the Board's work session on February 23 Mr. Jack Edwards
had spoken with the Board concerning the Board's interaction, and he
stated the public was interested in whether or not the Board members
appeared to respect each other. Miss Rapp stated she was learning that
the Board members can disagree agreeably, and that they have to practice
what they preach.
Mr. Wiggins stated he felt the Board members were ladies and
gentlemen. He stated there were two retired military officers on the
Board, and he has been on boards and committees and has been chairman of
organizations, and he has never had a problem getting along with people.
He indicated there are times when the Board members disagreed and would
be passionate about what they were feeling, and mistakes might be made.
He stated he did not feel he had to sign a document outlining the things
the Board members were already doing or to prove that he intended to try
harder.
Mrs. Noll stated it all goes back to the Golden Rule, and that the
guidelines are a reminder that they are good rules of conduct for the
Board to follow. She stated she was perfectly happy to sign the
guidelines. She stated she and Mr. Zaremba argue back and forth, and at
times enjoy it, but she agreed they needed to be more careful. Mrs. Noll
indicated the Board can disagree agreeably, and they all need to
practice it.
Mr. Burgett expressed his agreement with Mrs. Noll that living by
the Golden Rule was the best way, but he noted that he did not have to
sign a copy of that in order to live by it. He stated the guidelines
were great, but he did not remember at the retreat asking that they be
drafted for signature. No previous Board has had to sign such a
document, and he did not see those members as any better than the
present members of the Board.
Chairman Zaremba stated the only issue here was a signature on a
piece of paper. He stated he learned basic respect from his parents and
from 33 years in the military, and he never had to sign a set of rules.
He stated attorneys have the professional rules of conduct that all
licensed attorneys in Virginia must subscribe to, and they do not have
to be signed. Mr. Zaremba stated if the citizens of the County don't
like the way he conducts himself, the citizens can remove him from
office. The Board has a set of Rules of Procedure that dictates its
conduct during meetings. He suggested that perhaps the Board members had
not done a very good job abiding by those rules, and they even brought
in an expert on conducting meetings who counseled the Board members on
how they might be able to improve their dialog and interaction with one
another. He stated he did not need to sign the set of guidelines. From
time to time emotions will be shown, but it doesn't mean that the Board
members do not respect one another.
Miss Rapp stated she had thought that this Board was going to go
where no other Board had gone before. She stated when she signed
something, it is written on her heart. The Declaration of Independence
was signed because those men meant what they believed, and she stated
she has a problem with total disrespect. Miss Rapp indicated she would
speak out more and would call the other Board members out when she felt
something had occurred that was not according to their pledge to respect
one another.
CONSENT CALENDAR
Chairman Zaremba asked that Item Nos. 4, 7, and 8 be removed from
the Consent Calendar.
Mrs. Noll moved that the Consent Calendar be approved as amended,
Item Nos. 3, 5, 6, and 9, respectively.
On roll call the vote was:
Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
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 Board of Supervisors
were approved:
February 23, 2000, Adjourned Meeting March 1, 2000, Regular
Meeting March 6, 2000, Adjourned Meeting
Item No. 5. APPROPRIATION OF FUNDS FOR THE VIRGINIA COMPREHENSIVE
SERVICES ACT FOR AT-RISK YOUTH AND FAMILIES: Resolution R00-44
A RESOLUTION TO AUTHORIZE ADDITIONAL FUNDS FOR FISCAL YEAR 2000
FOR THE COSTS OF THE VIRGINIA COMPREHENSIVE SERVICES ACT FOR AT-RISK
YOUTH AND FAMILIES PROGRAM
WHEREAS, the Comprehensive Services Act for At-Risk Youth and
Families (CSA) was adopted by the Virginia General Assembly in 1992 and
requires local government to provide certain services to troubled youth
as defined by the Virginia Department of Social Services and the special
education programs of the public school divisions; and
WHEREAS, in meeting all such requirements, the County of York does
not provide any services that would be classified as discretionary under
the Act, but rather provides only those services that are mandated by
the CSA and serves only those youth and families that are defined by the
Act as mandated populations; and
WHEREAS, additional appropriations of $107,697 are required in the
Virginia Public Assistance Fund to support the additional allocation
received from the Commonwealth for the York-Poquoson Department of
Social Services' share of the program; and
WHEREAS, it has been determined that an additional $41,873 is
necessary for the required local match and these funds are available
from funds carried forward from Fiscal Year 1999; and
WHEREAS, these costs are not discretionary but rather are mandated
by the Commonwealth, and it is therefore necessary to authorize
additional funds for the payment of such expenses through the end of the
current fiscal year;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 4th day of April, 2000, that additional
appropriations in the sum of $107,697 for Fiscal Year 2000 be, and are
hereby, made in the Virginia Public Assistance Fund for the operation of
the York/Poquoson Department of Social Services for the Comprehensive
Services Act.
BE IT FURTHER RESOLVED that $41,873 be, and is hereby,
appropriated in the General Fund for the local match for the Fiscal Year
2000 Comprehensive Services Act.
Item No. 6. REQUEST FOR REDUCED WATER CONNECTION FEE: Resolution
R00-50
A RESOLUTION THAT DENIES THE REQUEST OF DREAMA S. WILLETT AND
ROBERT E. WILLETT TO PAY THE REDUCED WATER CONNECTION FEE OF $2,850 FOR
111 WHITES ROAD, TAX MAP #24H-01-OOOB-004
WHEREAS, Mr. and Mrs. Willett purchased the property located at
111 Whites Road on October 28, 1999; and
WHEREAS, Mr. and Mrs. Willett claim that they did not become aware
of the $5,000 water connection fee until signing the contract for the
property; and
WHEREAS, Mr. and Mrs. Willett are requesting the Board of
Supervisors permit them to pay the previous water connection of $2,850;
and
WHEREAS, Any such relief would be inequitable to many other
property owners in the same situation who have paid the regular fee;
NOW, THERFORE, BE IT RESOLVED by the York County Board of
Supervisors this 4th day of April, 2000, that the Board deny Mrs.
Willett's request that the water connection fee for 111 Whites Road, Tax
Map #24H-01-000B-004 be reduced to $2,850.
Item No. 9. WITHDRAWAL FROM THE REGIONAL DETENTION COMMISSION BY
KING GEORGE COUNTY: Resolution R00-37
A RESOLUTION TO TRANSFER OF KING GEORGE COUNTY'S MEMBERSHIP FROM
THE MIDDLE PENINSULA COMMISSION TO THE RAPPAHANNOCK COMMISSION
I. Recitals.
A. The Middle Peninsula Juvenile Detention Commission ("MPJDC")
is a political subdivision of the Commonwealth of Virginia, created by
joint action of the Counties of Caroline, Charles City, Essex,
Gloucester, Hanover, James City, King and Queen, King George, King
William, Lancaster, Mathews, Middlesex, New Kent, Northumberland,
Richmond, Westmoreland and York and the Cities of Poquoson and
Williamsburg (collectively, the MPJDC Member Jurisdictions). MPJDC has
financed and constructed and is operating the Merrimac Center, a
juvenile detention facility located in James City County. All the MPJDC
Member Jurisdictions have executed an agreement (the "MPJDC Service
Agreement") detailing their respective rights and obligations
concerning MPJDC. Under the MPJDC Service Agreement, the MPJDC Member
Jurisdictions are obligated to send all of their juvenile offenders
requiring secure detention to the Merrimac Center and to pay the per
diem rates established by MPJDC for such detention. The MPJDC Service
Agreement further provides that a Member Jurisdiction may not withdraw
without the consent of the MPJDC and of each other Member Jurisdiction.
B. The Rappahannock Juvenile Detention Commission ("RJDC")
was created by joint action of the City of Fredericksburg and the
Counties of Greene, Louisa, Madison, Orange, Spotsylvania and Stafford
(collectively, but not including Greene County, the "RJDC Member
Jurisdictions") and currently operates a juvenile detention
facility in Fredericksburg; however RJDC is constructing a replacement
facility in Stafford County (the "New Rappahannock Center").
Greene County has elected not to sign the current agreement for the
financing, construction and use of such replacement facility (the 'RJDC
Service Agreement") and will cease to participate in the RJDC once
the New Rappahannock Center opens. Under the RJDC Service Agreement the
remaining Member Jurisdictions will be obligated to send all of their
juvenile offenders requiring secure detention to the New Rappahannock
Center. The RJDC Service Agreement further provides that additional
jurisdictions may join the RJDC with the unanimous consent of the other
RJDC Member Jurisdictions.
C. Although King George County is currently an MPJDC Member
Jurisdiction, it wishes to terminate its membership in MPJDC and join
RJDC when the New Rappahannock Center is opened. By its adoption of this
Resolution, King George County hereby requests MPJDC and RJDC and their
respective Member Jurisdictions to approve such transfer of membership.
II. Resolution.
Be it Jointly RESOLVED by the Middle Peninsula Juvenile Detention
Commission, the Rappahannock Juvenile Detention Commission, the Boards
of Supervisors of Caroline, Charles City, Essex, Gloucester, Hanover,
James City, King and Queen, King George, King William, Lancaster,
Louisa, Madison, Mathews, Middlesex, New Kent, Northumberland, Orange,
Richmond, Spotsylvania, Stafford, Westmoreland and York Counties and the
City Councils of the Cities of Fredericksburg, Poquoson and
Williamsburg, THAT:
A. This Resolution shall be effective January 1, 2001, or the date
the New Rappahannock Center is Placed in Service and King George is
formally accepted as a member of the RJDC, as that term is defined in
the RJDC Service Agreement, whichever is later.
B. The MPJDC and the MPJDC Member Jurisdictions each approve the
withdrawal of King George County from membership in MPJDC upon such
effective date, and agree jointly to assume King George's future
obligations and release King George from further liability thereunder,
such to the following conditions.
1. King George shall have paid MPJDC all per diem and other
charges for which it is then currently obligated under the MPJDC Service
Agreement.
2. King George shall not be entitled to recover any capital
contributions it has made to MPJDC through payment of MPJDC's per diem
charges, or to assert any right of ownership in any property of MPJDC,
or to participate in any future distribution of the proceeds of sale of
any such property.
3. King George shall not be released from any liability it may
otherwise have for any claim asserted by any detainee committed to the
Merrimac Center by King George regardless of whether such claim arises
before or after the effective date of King George's withdrawal from
membership.
4. King George shall have deposited the sum of $250,000, which
amount has already been appropriated by the board of supervisors for
such purpose with a financial institution mutually acceptable to King
George and MPJDC, to be held in escrow to fund King George's potential
liability for its share of MPJDC expenses for debt service and
operations, in the event the annual average daily population of the
Merrimac Center falls below 48, as follows:
a. The average daily occupancy of the Merrimac Center will be
provided to the King George county administrator's office on a quarterly
basis. Furthermore, all disputes regarding daily occupancy shall be made
within 21 days of receipt of such quarterly reports, as provided in
paragraph 4(c).
b. MPJDC shall be entitled to charge King George MPJDC's
then-current per diem rate for a sufficient number of detainee days to
raise the average daily population during each calendar year to 48,
provided that in no event shall such charge exceed a maximum of 7.5% of
MPJDC's expenses for operations and debt service (net of state
reimbursements) during such calendar year. King George's annual share
shall be calculated as follows:
Average Daily Population (ADP) - KG share = Revised ADP
Number of Beds - Revised ADP = Per Diem Variance
Per Diem Variance x Per Diem Rate x 365 days = Payment due from KG
c. If MPJDC's director determines that such a charge is due for
any quarter, she shall certify such fact to the county administrator of
King George. Such certification shall include the data and calculations
on which MPJDC bases its claim. The King George county administrator
shall have 21 days after receipt of such certification to dispute the
calculation of the charge. If no timely objection is received from the
county administrator, the quarterly report will then be accepted for use
in determining the average daily population for that calendar year. Upon
completion of the calendar year, based on the four previously accepted
quarterly reports (averaged annually), the escrow agent shall pay MPJDC
from the escrow account.
d. If there is an objection, the King George county administrator
and MPJDC's director shall meet to resolve the dispute, and may ask the
escrow agent or some other third party to mediate within 21 days of
receipt.
e. Every such quarterly certification shall be accompanied by
evidence of good faith efforts on the part of MPJDC to find users for
its excess beds. In the event King George is not satisfied that such
good faith efforts have been made, it may instruct the escrow agent to
reduce the payment to MPJDC by 20%. If there is a dispute over this
provision it shall likewise be resolved by consultation or mediation,
within 21 days of receipt.
f. Interest earned on the escrow account shall accrue to the
account. Provided there are no pending disputed claims on the escrow
account at that time, the unexpended balance in the account shall revert
to King George on January 31, 2008, or sooner if mutually agreed by
MPJDC and the King George County Board of Supervisors.
C. RJDC and the RJDC Member Jurisdictions (which term does not
include Greene County) each approve the entry of King George County into
membership on the RJDC on the effective date of this Resolution,
provided that King George executes a copy of the RJDC Service Agreement
as then in effect and agrees to be bound by all terms and conditions of
such Agreement.
Adopted by the York County Board of Supervisors, this 4th day of
April, 2000.
Item No. 4. PURCHASE AUTHORIZATION: Proposed Resolution R00-45.
(Removed from Consent Calendar)
Chairman Zaremba asked what the purpose was for the annual audit.
Mr. James O. McReynolds, Director of Financial and Management
Services, indicated it was conducted to insure that the financial
statements fairly represented the County's financial position, and the
County has followed the proper rules of accounting and policies
established by the Board.
Chairman Zaremba asked if the audit would identify any
misappropriation of a fiscal nature.
Mr. McReynolds stated it would not guarantee that it would
discover fraud 100 percent.
Chairman Zaremba asked if this kind of audit addressed whether or
not the County's operations were as cost effective as they could be.
Mr. McReynolds indicated it would not.
Mr. Burgett asked when the audit was conducted.
Mr. McReynolds stated the preliminary work is done in May and
June, and the auditors come back in September to begin the final audit
work. He stated the audit was for the period beginning July 1, 1999, and
ending June 30, 2000.
Chairman Zaremba moved the adoption of proposed Resolution R00-45
that reads:
A RESOLUTION TO CONDUCT THE NEXT ANNUAL FINANCIAL AUDIT
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 procurement is necessary and desirable, that it involves 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 April, 2000, that the County Administrator
be, and hereby is, authorized to conclude procurement arrangements for
the following:
AMOUNT Annual Financial Audit $45,600
On roll call the vote was:
Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)
Item Nos. 7 and 8. PUBLIC SEWER EXTENSION AGREEMENTS-DMJ TRUCKING
AND THE GREENER SIDE: Proposed Resolution R00-43 and PORT MYERS
SUBDIVISION: Proposed Resolution R00-42 (Removed from Consent Calendar)
Chairman Zaremba asked for a summary of what these two actions
were about.
Mr. Brian Woodward, Chief Engineer, indicated the first one was
two commercial properties that have agreed to go together and share a
duplex grinder pump. The reason for the agreement is because the 6-inch
line will be turned over to the County for operation.
Chairman Zaremba asked if there was any comparison between this
hookup and what a homeowner has to pay.
Mr. Woodward stated the connection fee is based on the size of the
meter needed for the business. They receive local facilities credits for
having to install those facilities.
Chairman Zaremba asked if there was any impact to the County's
Utilities Capital Plan because of these kinds of extension agreements
being adopted.
Mr. Woodward indicated there was not.
Chairman Zaremba indicated he had the same questions for the Port
Myers agreement. He asked if it negatively slowed down any programs the
County has in order to extend sewer to the subdivisions.
Mr. Woodward indicated it did not. He stated it was revenue coming
to the County without the County having to spend any funds whatsoever,
and it actually helped the program move forward.
Chairman Zaremba moved the adoption of proposed Resolutions R00-43
and R00-42 that read:
Proposed Resolution R00-43:
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY
SEWER SYSTEM TO DMJ TRUCKING AND TO THE GREENER SIDE, AND AUTHORIZING
EXECUTION OF THE NECESSARY PUBLIC SEWER EXTENSION AGREEMENT AND GRINDER
PUMP AGREEMENT
WHEREAS, T & S Associates, Inc. and Wiltshire, Inc. have
requested that the County enter into a public sewer extension agreement
and a grinder pump agreement pursuant to § 18.1-53 (b) of the York
County Code to serve two commercial properties; and
WHEREAS, the plans for each proposed project has been reviewed by
the County; and
WHEREAS, the gravity sewer lines constructed by the developers
will be dedicated to the County for operation and maintenance; and
WHEREAS, the duplex grinder pump to be installed by the developers
will be privately owned and maintained; 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 developments,
or will exist when the facilities proposed by the developers 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
$5,050.00;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 4th day of April, 2000, that the Board approves the
extension of the County's public sewer system to serve DMJ Trucking and
The Greener Side, and that the County Administrator be, and he hereby
is, authorized to execute a public sewer extension agreement and grinder
pump agreement with T & S Associates, Inc. and Wiltshire Inc. for
the proposed extension; such agreement to be approved as to form by the
County Attorney.
Proposed Resolution R00-42:
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY
SEWER SYSTEM TO THE PROPOSED DEVELOPMENT, PORT MYERS, AND AUTHORIZING
EXECUTION OF THE NECESSARY PUBLIC SEWER EXTENSION AGREEMENT
WHEREAS, Port Myers, 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 47 new residential lots; 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
$88,125.00;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 4th day of April, 2000, that the Board approves the
extension of the County's public sewer system to serve the proposed
development, Port Myers, and that the County Administrator be, and he
hereby is, authorized to execute a public sewer extension agreement with
Port Myers, 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) Rapp, Noll, Wiggins, Burgett, Zaremba
Nay: (0)
NEW BUSINESS
G-SQUARE, INC., PROPERTY CONDEMNATION MODIFICATION
Mr. Barnett briefly explained the purpose of proposed Resolution
R00-49 to direct the acquisition of the subject property on Water Street
in Yorktown by condemnation or other means and to amend Resolution
R00-228 adopted December 1, 1999, to approve a more inclusive use that
best incorporates the property into the overall scope and intent of the
Yorktown Wharf Area Improvement Plan. He noted there has been discussion
as to whether public parking was the only purpose for which the subject
project would be used. He stated he felt it would be good for the Board
to broaden its interest to use the property for a number of permissible
public purposes.
Mr. Burgett moved the adoption of proposed Resolution R00-49 that
reads:
A RESOLUTION DIRECTING THE ACQUISITION OF REAL PROPERTY BY
CONDEMNATION, OR OTHER MEANS, AND APPROVING THE PROPOSED PUBLIC USE
THEREFOR, AND AMENDING RESOLUTION R99-228 ADOPTED DECEMBER 1, 1999.
WHEREAS, the Board desires to purchase a parcel of real estate
consisting of approximately 0.88 acres owned G-Square, Inc., and located
at 400 Water Street in Yorktown, identified on the County's tax map as
parcel 18 A-09-00-00A1; and
WHEREAS, the Board desires to incorporate the property into the
proposed development of the Yorktown Waterfront as public parking, or as
a public park or plaza or as a place for public assembly and activity,
or such other public use as the Board may determine best incorporates
the property into the overall scope and intent of the Yorktown Wharf
Area Improvement Plan previously approved by this Board, for the benefit
of individuals using the facilities at the Yorktown Waterfront or
patronizing any of the businesses which may now or in the future be
located at or adjacent to the waterfront; and
WHEREAS, on December 1, 1999, this Board adopted resolution
R99-228 which authorized the acquisition of the property by condemnation
or by other means, and in the resolution identified public parking as
the only proposed public use for this property, and this Board now
desires to approve a more inclusive public use as is stated in the
preceding paragraph; and
WHEREAS, the Board deems that the acquisition of the property, and
its utilization as stated, constitutes a valid public purpose
necessitating the acquisition of the property; and
WHEREAS, the owner of the property has refused an offer made by
the County Administrator, which offer is deemed by this Board to
represent fair and adequate consideration for the parcel.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 4th day of April, 2000, that this Board does hereby
modify and approve the proposed public use of the property as described
above, and hereby modifies Resolution R99-228 to the extent inconsistent
herewith.
BE IT FURTHER RESOLVED that this Board directs the County
Administrator and the York County Attorney to take such actions as may
be required to acquire the property for such public use by condemnation
or by other means. The County Administrator and the County Attorney are
hereby authorized, without limitation, to institute appropriate
condemnation proceedings in the York County Circuit Court for
condemnation of the property, or to amend any condemnation petitions
previously filed in order to properly plead the proposed public use for
the property as is set out herein, and to pay into the Court such
amounts as may be determined to be the fair market value of the property
together with any other damages or costs which the Court may assess, or
to accept and record a deed from the owner in lieu of condemnation.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
APPROVAL OF PROPOSED FY2001-2006 CAPITAL IMPROVEMENTS PROGRAM
Mr. Stuck indicated the first year of the six-year Capital
Improvements Program (CIP) was incorporated into the Board's FY2001
budget, but the out-years were a long-range plan.
Chairman Zaremba asked how the citizens could review the CIP.
Mr. Stuck noted the CIP is on the web site and it is in the
libraries, as well as in the Public Information Office and Department of
Financial and Management Services.
Miss Rapp moved the adoption of proposed Resolution R00-33 that
reads:
A RESOLUTION TO ADOPT THE FISCAL YEAR 2001-2006 CAPITAL
IMPROVEMENTS PROGRAM AS A LONG-RANGE PLANNING DOCUMENT
WHEREAS, in consideration of materials received from the
departments and agencies of the County and direction from the Board of
Supervisors, the County Administrator has developed a proposed Fiscal
Year 2001-2006 Capital Improvements Program; and
WHEREAS, the Capital Improvements Program serves as a long-range
planning document subject each year to review and approval of funding by
the Board of Supervisors; and
WHEREAS, such review has been completed for the Fiscal Year
2001-2006 Capital Improvements Program;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 4th day of April, 2000 that the County Administrator's
proposed Fiscal Year 2001-2006 Capital Improvements Program be, and is
hereby, adopted by the Board of Supervisors.
On roll call the vote was:
Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)
APPROVAL OF THE FISCAL YEAR 2001 BUDGET AND CALENDAR YEAR 2000 TAX
RATES
Mr. Stuck indicated the proposed ordinance contained the tax
rates, which remain the same as last year. The proposed resolution
established the budget for the next fiscal year. He stated that changes
made by the Board were highlighted in the memorandum. Staff transferred
$104,000 into the Capital Reserve account for future capital projects.
Miss Rapp expressed her appreciation to Mr. McReynolds and his
staff for their diligent work on the proposed budget.
Chairman Zaremba agreed with Miss Rapp, indicating the Board was
proud of the proposed budget. He asked the Board to give thought to
bring to a work session on what might be done to improve this process.
Mrs. Noll stated this was the fifth budget she has done, and every
year it has been different and has gotten better and easier because of
staff's effort.
Mr. Wiggins also thanked the School Board for its cooperation in
working with the Board of Supervisors this year.
Mrs. Noll moved the adoption of proposed Resolution R00-32 that
reads:
A RESOLUTION TO APPROVE THE BUDGETS AND APPROPRIATE FUNDS FOR THE
FISCAL YEAR BEGINNING JULY 1, 2000 AND ENDING JUNE 30, 2001
WHEREAS, the County Administrator has submitted to the York County
Board of Supervisors a proposed annual budget for the County for the
fiscal year beginning July 1, 2000 and ending June 30, 2001, which has
been reviewed by the Board of Supervisors; and
WHEREAS, it is necessary to adopt said budget and appropriate
sufficient funds to cover the requirements included therein; and
WHEREAS, the Board of Supervisors, in exercising its independent
judgment and in concert with the York County School Board, has
considered the school's annual operating budget; and
WHEREAS, the educational budget submitted by the York County
School Board for Fiscal Year 2001 contains estimated availability of
funding from the federal government in the amount of $8,131,477; from
the state government in the amount of $38,396,432; from the local
appropriations in the amount of $26,789,800 (including $859,350 for
continuation of the School Grounds Maintenance Agreement); and other
local revenues in the amount of $976,950.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 4th day of April, 2000, that the Fiscal Year 2001
annual budget of the York County School Division for school operations
in the amount of $74,294,659 be, and is hereby, approved subject to and
contingent upon the availability of funds as indicated in the preamble
hereto.
BE IT FURTHER RESOLVED that the annual budget in the sum of
$2,654,736 for Fiscal Year 2001 be, and is hereby, approved for the
operation of food service programs for purposes authorized and approved
by the York County School Board subject to and contingent upon the
availability of funds.
BE IT STILL FURTHER RESOLVED that the Fiscal Year 2001 Annual
Budget for the County of York be, and is hereby, adopted as proposed on
this date.
BE IT STILL FURTHER RESOLVED that the following annual
appropriations for Fiscal Year 2001 be, and are hereby, made in the
General Fund for the following functions:
BE IT STILL FURTHER RESOLVED that the County Administrator be, and
is hereby, authorized to transfer the appropriations included in the
General Fund Non-Departmental function for the allocation of the market
adjustment and benefits to the personnel services category in the
various General Fund functions.
BE IT STILL FURTHER RESOLVED that the appropriation of the
transfer of one-half (1/2) of the actual meals tax collections to the
Water and Sewer Extension and Stormwater Maintenance Funds be, and is
hereby, adjusted in the General Fund to effect the funding for County
water, sewer and stormwater projects.
BE IT STILL FURTHER RESOLVED that the appropriation of the
transfer of an amount equal to actual revenues received as a result of
the three percent (3%) increase in the Transient Occupancy Tax rate to
the Tourism Fund be, and is hereby, adjusted in the General Fund to
effect the funding for tourism and travel related activities.
BE IT STILL FURTHER RESOLVED that the $33,966,124 appropriated
above from the General Fund for Education and Educational Services,
includes $26,789,800 for the local contribution to the School Division
for support of the School operating budget, and of this amount
$25,930,450 is appropriated as a non-categorical appropriation to be
allocated among the various school operating categories as the School
Board deems necessary, and $859,350 is appropriated to the Operation and
Maintenance Category for continuation of the School Grounds Maintenance
Agreement dated June 23, 1992, as adopted by the York County Board of
Supervisors and the York County School Board.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $1,231,800 for Fiscal Year 2001 be, and is hereby, made in the
Tourism Fund for tourism and travel related activities.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $356,135 for Fiscal Year 2001 be, and is hereby, made in the
County Workers' Compensation Fund for the management and operation of
the workers' compensation program.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $1,642,766 for Fiscal Year 2001 be, and is hereby, made in the
Vehicle Maintenance Fund for the operation of the County's vehicle and
equipment maintenance program.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $3,918,074 for Fiscal Year 2001 be, and is hereby, made in the
Virginia Public Assistance Fund for the operation of the York/Poquoson
Department of Social Services.
BE IT STILL FURTHER RESOLVED that the annual appropriation of the
Virginia Public Assistance Fund be, and is hereby, increased if and when
additional federal and/or state funds become available. The County
Administrator shall advise the Board of Supervisors in writing of all
such actions.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $28,598 for Fiscal Year 2001 be, and is hereby, made in the
Yorktown Waterfront Fund for the operation and maintenance of the
Yorktown Waterfront in accordance with the agreement made between the
Yorktown Trustees and the Board of Supervisors.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $11,484 for Fiscal Year 2001 be, and is hereby, made in the Law
Library.
BE IT STILL FURTHER RESOLVED that local revenue received directly
by the School Operating Fund, estimated to be $976,950 for Fiscal Year
2001 be, and is hereby, appropriated in the School Operating Fund
subject to and contingent upon the availability of funds.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $897,750 for Fiscal Year 2001 be, and is hereby, made in the
Children's Services/Head Start Fund for the operation of the Head Start
and the United States Department of Agriculture (USDA) Programs.
BE IT STILL FURTHER RESOLVED that the annual appropriations of the
Head Start and USDA Programs be, and are hereby, increased if and when
additional federal and State funds or local contributions become
available. The County Administrator shall advise the Board of
Supervisors in writing of all such actions. In addition, the County
Administrator is, and shall be, authorized on a continuing basis to
apply for subsequent grants and aid under the Head Start and USDA
Programs and to do all things necessary to implement said grants.
BE IT FURTHER RESOLVED that local revenue received directly by the
School Food Service Programs, estimated to be $1,884,736 for Fiscal Year
2001 be, and is hereby, appropriated in the School Food Service Fund
subject to and contingent upon the availability of funds.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $450,000 for Fiscal Year 2001 be, and is hereby, made in the
Schools Workers' Compensation Fund for the management and operation of
the workers' compensation program.
BE IT STILL FURTHER RESOLVED that an annual appropriation in the
sum of $2,353,000 for Fiscal Year 2001 be, and is hereby, made in the
School Construction Fund for school capital maintenance and technology
projects.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $2,559,000 for Fiscal Year 2001 be, and is hereby, made in the
Capital Fund.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $208,536 for Fiscal Year 2001 be, and is hereby, made in the Fire
and Rescue Debt Service Fund.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $5,339,334 for Fiscal Year 2001 be, and is hereby, made in the
School Debt Service Fund.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $545,985 for Fiscal Year 2001 be, and is hereby, made in the
Public Facilities Debt Service Fund.
BE IT STILL FURTHER RESOLVED that the following appropriations for
Fiscal Year 2001 be, and are hereby, made in the Sanitary District and
Enterprise Funds:
Funds: Sanitary District No. 1 Fund 85,300 Upper County Utility
Fund 22,500 Solid Waste Fund 3,571,525 Water Utility Fund 371,772 Sewer
Utility Fund 3,750,125 Stormwater Management Fund 360,000 Sanitary
District No. 2 Fund 450,000 Water and Sewer Extension Fund 4,922,551
BE IT STILL FURTHER RESOLVED that the County Treasurer, upon
receipt of a written order from the County Administrator, is authorized
to advance moneys between the several County funds under her custody
provided, however, that the total advanced to any particular fund, plus
the amount of moneys disbursed from that fund, does not exceed the
annual appropriation of said fund.
BE IT STILL FURTHER RESOLVED that, upon receipt of a written
request from the York County Library Board, the County Administrator
shall be, and is hereby, authorized to do all things necessary to apply
for federal and state library aid and in addition, the annual
appropriation for library operations be, and is hereby, increased for
all funds received under this program in accordance with the
recommendations of the York County Library Board.
BE IT STILL FURTHER RESOLVED that, upon receipt of a written
notification of a grant award by various state and federal agencies not
to exceed $30,000, the County Administrator shall be, and is hereby,
authorized to accept and to execute grant agreements, unless the terms
of the grant require specific actions by the Board and to give such
assurances as may be required by the grant agreement, to be approved as
to form by the County Attorney, and in addition, the grant funding
awarded shall be, and is hereby, appropriated under these programs to
the appropriate functional area.
BE IT STILL FURTHER RESOLVED that the County Administrator be, and
is hereby, authorized to accept funding under the Job Training
Partnership Act and/or Workforce Investment Act, execute any necessary
grant agreements or contract, to implement a 2000 York County Summer
Youth Employment Training Program, subject to approval of all agreements
or contracts as to form by the County Attorney, and in addition, all
funds received under this program shall be, and are hereby, appropriated
in the General Fund for the purposes referenced.
BE IT STILL FURTHER RESOLVED that additional funds received from
the federal or state Drug Asset Revenue Sharing Programs be, and are
hereby, appropriated in the General Fund to be expended in accordance
with guidelines as established by the federal and state governments.
BE IT STILL FURTHER RESOLVED that additional funds received from
contributions for the Safety Town Program, Beautification Projects, the
Youth Commission, the Zweibrucken Exchange Program, the K-9 Unit of the
York County Sheriff's Office, or the York County DARE Program be, and
are hereby, appropriated in the General Fund for the purposes
established by each program.
BE IT STILL FURTHER RESOLVED that additional funds received from
donations from the York County Fire & Rescue Volunteers be, and are
hereby, appropriated in the General Fund for the purpose of supporting
programs of the Department of Fire and Life Safety.
BE IT STILL FURTHER RESOLVED that additional funds received from
the State Department of Environmental Quality for the Litter Control
Program be, and are hereby, appropriated in the General Fund to be
expended in accordance with guidelines as established by the state
government.
BE IT STILL FURTHER RESOLVED that additional funds received from
the State Department of Emergency Services for the emergency management
program be, and are hereby, appropriated in the General Fund to be
expended in accordance with guidelines as established by the state
government.
BE IT STILL FURTHER RESOLVED that additional funds received from
the Virginia Juvenile Crime Control Act (VJCCA) for juvenile correction
programs be, and are hereby, appropriated in the General Fund to be
expended in accordance with guidelines as established by the state
government.
BE IT STILL FURTHER RESOLVED that the annual contributions that
are in excess of $30,000, which are hereby appropriated, shall be
disbursed on a semiannual basis with the amount disbursed not to exceed
one half of the total appropriation. Contributions to the York County
School Board and the York/Poquoson Department of Social Services are
exempt from this limitation. All other exceptions must be approved by
the Board of Supervisors. In addition, the County Administrator may
require written reports on how the previous allocation(s) was/were spent
before any future disbursements are made.
BE IT STILL FURTHER RESOLVED that the County Administrator be, and
is hereby, authorized to transfer funds within appropriation functions.
These transfers may be made to allow the disbursement of funds for
unanticipated costs incurred in daily County operations and any such
transfer may not result in a change in the total appropriated for
personnel or non-personnel costs within the function.
BE IT STILL FURTHER RESOLVED that the County Administrator,
Director of Financial and Management Services and Chief of Budget and
Financial Reporting be, and are hereby, the authorized signers for the
General Administration petty cash account available to allow for
emergency purchases necessary in daily County operations.
On roll call the vote was:
Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)
Mrs. Noll moved the adoption of proposed Ordinance No. 00-3 that
reads:
AN ORDINANCE TO IMPOSE TAX LEVIES UPON TANGIBLE PERSONAL PROPERTY,
UPON MACHINERY AND TOOLS, UPON MOBILE HOMES, AND UPON REAL ESTATE FOR
THE CALENDAR YEAR 2000, AND TO PRORATE TAXES ON MOBILE HOMES
WHEREAS, it is necessary for the Board of Supervisors to establish
real estate and personal property tax levies for the County of York for
calendar year 2000 beginning January 1, 2000, and ending December 31,
2000; and
WHEREAS, the Board has duly advertised and held a public hearing
on the subject tax levies;
NOW, THEREFORE, BE IT ORDAINED by the York County Board of
Supervisors this the 4th day of April, 2000, that the following County
tax levies be, and they hereby are, imposed for the calendar year 2000:
Rate Per $100 of Class of Property Assessed Valuation
1. Real Estate .86
2. Tangible Personal Property 4.00
3. Machinery and Tools 4.00
4. Vehicles without motive .86 power, used or designed to be used
as manufactured homes as defined in Section 36-85.3 of the Code of
Virginia
5. Boats or watercraft 1.00 weighing five tons or more
BE IT FURTHER ORDAINED that if a mobile home is delivered or moved
to York County after January one of any year and used as a place of
full-time residence by any person, the Commissioner of Revenue shall
assess and quarterly prorate any property taxes which would have been
collectible had such mobile home been situated within York County on
January one of that year.
On roll call the vote was:
Yea: (5) Rapp, Noll, Wiggins, Burgett, Zaremba
Nay: (0)
DESIGNATION OF REAL PROPERTY TAX FOR SCHOOL PURPOSES
Mr. Wiggins moved the adoption of proposed Resolution R00-34 that
reads:
A RESOLUTION TO DESIGNATE A PORTION OF THE REAL PROPERTY TAX FOR
SCHOOL PURPOSES
WHEREAS, Public Law 874 enacted by the 81st Congress, and codified
in 20 U.S.C. Sections 236 to 241-1 and 242 to 244 (hereinafter "the
Act"), provides for federal financial assistance to local
educational agencies in areas affected by federal activities; and
WHEREAS, approximately half the land area of York County is
controlled by the federal government, part of which entitles the York
County School Division to financial assistance under Section 2 of the
Act, as administered pursuant to U. S. Department of Education
regulations governing distribution of financial aid authorized by the
Act, 34 CFR Part 222, Subpart J; and
WHEREAS, the York County School Division is a fiscally dependent
local education agency under these U. S. Department of Education
regulations; and
WHEREAS, 34 CFR Section 222.3, Definitions, provides that for a
fiscally dependent local education agency, the local real property tax
rate for school purposes can be defined as "that portion of a local
real property tax rate designated by the general government for school
purposes"; and
WHEREAS, the York County Board of Supervisors finds it to be in
the best interests of the citizens of York County to designate a portion
of the local real property tax rate for school purposes in conformance
with 34 CFR Section 222.3;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 4th day of April, 2000 that, for Fiscal Year 2001, a
portion of the York County, Virginia, local real property tax rate equal
to sixty-five and five tenths cents ($.655) per $100 of valuation be,
and is hereby, designated for school purposes as provided in 34 CFR
Section 222.3.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)
CLOSED MEETING. At 9:18 p.m. Mr. Burgett moved that the meeting be
convened in Closed Meeting pursuant to Section 2.1-344(a)(1) of the Code
of Virginia pertaining to the performance and employment of specific
County employees.
On roll call the vote was:
Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)
Meeting Reconvened. At 10:15 p.m. the meeting was reconvened in
open session by order of the Chair.
Miss Rapp 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 SESSION
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 April, 2000, 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) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)
At this time the Board briefly discussed the future water supply
for the County and asked for an update on the current status of the
Presidential Park application.
Meeting Adjourned. At 10:30 p.m. Chairman Zaremba declared the
meeting adjourned sine die.
_____________________________
_______________________________
Daniel M. Stuck,
Clerk
Walter C. Zaremba, Chairman
York County Board of
Supervisors
York County Board of Supervisors
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