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Regular Meeting
March 6, 2001
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board
of Supervisors was called to order at 7:00 p.m., Tuesday, March 6, 2001,
in the Board Room, York Hall, by Chairman James S. Burgett.
Attendance. The following members of the Board of
Supervisors were present: Walter C. Zaremba, Sheila S. Noll, Donald E.
Wiggins, James S. Burgett, and H. R. Ashe.
Also in attendance were James O. McReynolds, County Administrator;
and James E. Barnett, County Attorney.
Invocation. Miss Christina Pinnel, York County Youth
Commission, gave the Invocation.
Pledge of Allegiance to the Flag of the United States of
America. Chairman Burgett led the Pledge of Allegiance.
PRESENTATIONS
YORK COUNTY YOUTH COMMISSION
Mr. Daniel Shean, Chairman of the York County Youth Commission,
made the third quarterly report to the Board of Supervisors indicating
the Commission sponsored the annual County-wide student dance on January
27 which was attended by over 900 high school students. A ski trip also
took place on February 24. Both functions turned out to be very
successful. Mr. Shean also reported on other Commission activities such
as helping with the Bingo Valentine Party at the Senior Center, updating
the website, and coordinating with VDOT on an Adopt-A-Highway project.
He stated the goal of the Commission is to be able to meet with groups
in the schools and familiarize them with County government and hear
their concerns. The Youth Commission wishes to help teens gain an
understanding of what the Board of Supervisors does. Mr. Shean also
noted that nominations were being received for the Outstanding Youth
Awards until March 8, and applications were being sought for the
2001-2002 Youth Commission appointments. He also welcomed Mr. Ashe as
the new Board Liaison to the Youth Commission.
FISCAL YEAR 2002 BUDGET
Mr. McReynolds presented to the Board of Supervisors the proposed
FY2002 Budget, and he reviewed the General Fund budget issues impacting
the budget which included:
No tax rate increase
Population growth
School funding
Employee compensation
Adult incarceration
He discussed projected General Fund revenues by source which
indicates a $3.6 million or 4.95 percent increase over FY2001. The
population is expected to grow by about 2.4 percent from 2001 to 2002
with 60,700 people residing in York County in July of 2001. The student
population in the County is only expected to increase by about 10
students over the projected FY2001 figure. During calendar year 2000,
576 new housing units were completed in the County, and construction is
expected to continue at a slightly slower pace during 2001. Education is
by far the largest single expenditure and priority in the General Fund
taking 46 percent of its total. The School Board was initially told it
would receive an increase of $1.1 million in the local contribution for
education which equated to the same 4.95 percent increase on the County
side. Mr. McReynolds reported that County revenue projections were now
higher than originally anticipated, and he was recommending an
additional $225,000 of local support for the School Division for a total
of $1,325,000 for School operations. He reviewed the decline in state
and federal funding and the increase in local funding for the school
system over the past years. Mr. McReynolds then reviewed the 10.5 new
positions being recommended as well as recommended compensation cost
increases due to step adjustments and a 2.4 percent market adjustment.
He briefly reviewed the non-personnel increases amounting to $858,000,
with the largest single item in the category being the increase due to
adult incarceration. In summary, Mr. McReynolds stated that over the
past years, population growth, additional school and other programs,
declining federal and state support, and program cost shifting have
greatly raised the demand on County resources, although the proposed
budget maintains tax rates at their current levels
Mr. Zaremba asked if the revenue projections included the current
budget impasse in the General Assembly.
Mr. McReynolds stated the projections were level with the adopted
2001 budget.
Mr. Zaremba asked if staff anticipated any decreases in state
funding.
Mr. McReynolds stated staff was not as concerned about direct cuts
as it was with indirect cuts. Social Services and those types of
agencies are most at risk. It would be better if the General Assembly
and the Governor could reach a compromise that provided more funding
than the base 2001 budget.
Discussion followed concerning the discretionary programs at risk
of losing state funding.
CITIZENS COMMENT PERIOD
Mr. Andy Paré, 102 Chapel Hill Lane, spoke of reasons why the
Skimino Hills area needs public sewer lines installed.
Mr. Jim Strong, 8 Rue De Grasse, Poquoson, one of the owners of
Aqua Marine, stated the proposed change to the York County Code
regarding eating facilities at marinas seems somewhat arbitrary and too
restrictive. He stated it did not serve the interests of the community
at large or the business community of York County. He stated any
governing body should take the time necessary to gather information from
the business and residential communities before making such a decision.
He noted there were restaurants at marinas all up and down the east
coast, and there were plenty of current regulations on the books that
would take care of any problems associated with this type of
development. He asked the Board to extend its consideration of this
proposed amendment until after March 20.
Mr. Gus Dovi, 149 Quaker Meeting House Road, spoke concerning the
proposed Burke Development, stating the actions of the developer have
had a negative impact on the community. The site has been logged, and
the dirt has been sold off to VDOT. Truck traffic was damaging the road
bed on Fenton Mill Road. Mr. Dovi indicated there were many other issues
which did not make this contractor a good neighbor. The County has not
answered the community as to why these conditions have been allowed to
continue, and Mr. Dovi stated he felt the Board should be looking out
for the welfare of the citizens of the community and not grant this
contractor any special privileges.
Mr. Robert G. McIntosh, 209 Belvin Lane, stated he spent most of
his life working all over the world, and he spent 3 ½ years looking for
a property to buy and develop into a proper marina. He stated he then
spent 5 years trying to put together the proper package to build a
first-class boat yard/marina in York County. He stated if the staff's
proposal concerning eating establishments at marinas is adopted by the
Board, it will clearly affect his development and his future. Mr.
McIntosh stated York County is a water-oriented community, and there are
no proper facilities for storage of boats. He asked the Board to
consider what needs to be done to develop this property for the benefit
of all the people in the County.
Mr. Tom Hoyt, 108 Cherwell Court, spoke concerning the public
water and sewer extension agreement for the proposed Burke development.
He thanked the Board for deferring a decision on this matter until more
public input could be gathered. He stated the property is already zoned
rural residential as is all the surrounding property. Within that
zoning, the developer has a right to put in 40-50 houses and doesn't
need a special use permit; and in order to do this, the property will
need water and sewer access. He asked the Board to separate the two
issues of water and sewer extension to the property and the proposed
development for the school. He stated staff should strike the best
agreement it can for water and sewer extension and then let the normal
process take place on the use permit as a zoning issue on its own.
Mr. Larry Rabinowitz, 104 Ann's Court, spoke of the proposed move
of the Williamsburg Christian Academy to the Burke property. He stated
he used to live in Skipwith Farms when the Academy took up residence
there. Most of the residents opposed the plan because of increased noise
and traffic due to the school. He stated the residents were assured then
that no problems would arise. Once the school moved in, the residents
saw increased traffic and heard cars with loud stereos playing. School
activities were not restricted to week days. Mr. Rabinowitz stated the
noise and traffic got so bad he moved to Old Quaker Estates. Now the
school wishes to relocate; and if the proposal is approved, he will have
to move again.
Ms. Laura Tucker, 108 Cherwell Court, stated she was not against
people who need sewer and water getting it, but there were several
issues about the extension that troubled her. She asked how the County
would be best served by the proposed agreement when the same three wells
will provide water from the same aquifer.
Ms. Jean Petkófsky, 238 Kingsgate Road, representing the Banbury
Cross Homeowners Association, indicated the Association voted to ask the
Board of Supervisors to change the language in the water and sewer
agreement resolution that links it to the proposed development. The
Association feels it is a separate issue that should be considered on
its own merit. Ms. Petkóf-sky asked other Banbury Cross residents
present at the meeting in favor of this request to stand and be
recognized at this time.
Mr. Jack Mandaro, 395 Fenton Mill Road, stated he has had problems
with his well which he didn't have for the first 13 years until James
City County drilled two wells. He stated he had to drop his well an
additional 60 feet, and James City County paid for it. He stated water
will continue to be a problem in that area, and Mr. Waltrip has offered
$500,000 to help extend these needed utilities. Mr. Mandaro indicated he
had talked with a number of people living in Skimino Hills who have
stated they found the school to be a good neighbor, and he did not feel
a neighborhood school was a bad thing. He stated he supported the
application.
Meeting Recessed. At 7:56 p.m. Chairman Burgett declared a short
recess.
Meeting Reconvened. At 8:02 p.m. the meeting was reconvened
in open session by order of the Chair.
PUBLIC HEARING
SEAFORD, CLAXTON CREEK, AND DARE SEWER AND WATER PROJECTS
Mr. Barnett made a brief presentation concerning proposed
Resolution R01-39 to declare the necessity to take certain easements in
connection with the Claxton Creek, Dare, and Seaford sewer and water
projects.
Chairman Burgett called to order a public hearing on proposed
Resolution R01-39 which was duly advertised as required by law and is
entitled:
A RESOLUTION DECLARING THE NECESSITY TO ENTER UPON AND TAKE
CERTAIN EASEMENTS IN CONNECTION WITH THE CLAXTON CREEK, DARE, AND
SEAFORD SEWER/WATER PROJECTS
There being no one present who wished to speak concerning the
subject resolution, Chairman Burgett closed the public hearing.
Mr. Zaremba asked how the value of the easements are determined.
Mr. Barnett explained that staff uses a formula that is based on
the appraised value of the property. A permanent easement is 50 percent
of the assessed value, and a temporary construction easement is 10
percent.
Mr. Wiggins moved the adoption of proposed Resolution R01-39 that
reads:
A RESOLUTION DECLARING THE NECESSITY TO ENTER UPON AND TAKE
CERTAIN EASEMENTS IN CONNECTION WITH THE CLAXTON CREEK, DARE, AND
SEAFORD SEWER/WATER PROJECTS
WHEREAS, it is necessary to obtain certain easements in connection
with the above-named sewer/water projects; and
WHEREAS, for various reasons, the County is not able to obtain
from the owners of such property clear title to the interests in real
estate necessary, or no agreement has been reached as to the
consideration to be paid for the said interests; and
WHEREAS, appraisals and plats of the interests in real property to
be acquired have been prepared; and
WHEREAS, § 15.2-1905 E, Code of Virginia, authorizes the Board to
adopt a resolution following a public hearing on the matter declaring
its intent to enter and take specified properties, rights-of-way or
easements for such purposes as constructing, installing, expanding,
maintaining, or repairing pipelines, meter boxes, pumps, or any other
appurtenances to a sewerage disposal and water system;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 6th day of March, 2001, that the Board finds that it is
necessary for the protection and preservation of the public health,
safety and welfare, and for the timely completion of the Claxton Creek,
Dare and Seaford sewer/water projects, for the County, its officers,
employees and agents to enter upon and take the interests in real
property described below prior to the initiation of condemnation
proceedings.
BE IT FURTHER RESOLVED that the interests to be taken, and the
compensation and damages, if any, offered by the County for each are the
following, which interests are more particularly described on the plats
attached to the Report of the County Attorney dated February 14, 2001,
and incorporated herein by this reference:
Tax Map No. 25-294
"Plat of Easement from Mary E. Parker to County of York, Virginia,
Project: Seaford Area Sanitary Sewer," as shown on the referenced
plat dated July 18, 2000, prepared by Bengtson, DeBell & Elkin, and
designated as "C/L 10' Permanent Drainage and Utility Easement, 903
S.F." Value offered to Owner: $131.00.
Tax Map No. 25A-2-A
"Plat of Easement Conveyance from Estate of Mary W. Montgomery to
County of York, Virginia, Located: Grafton Magisterial District, York
County, Virginia," as shown on the referenced plat dated February
29, 2000, prepared by Mitchell-Wilson Associates, P.C., and designated
as a "10' x 20' Utility Easement, Area = 199.69 S.F. or 0.01
Ac." Value offered to Owner: $122.00.
Tax Map No. 25A-2-A2
"Plat of Easement Conveyance from Norwood P. Montgomery to County
of York, Virginia, Located: Grafton Magisterial District, York County,
Virginia," as shown on the referenced plat dated February 2, 2000,
prepared by Mitchell-Wilson Associates, P.C., and designated as a
"10' x 20' Utility Easement, Area = 200.00 S.F. or 0.01 Ac."
Value offered to Owner: $124.00.
Tax Map No. 30-63-4
"Plat of Easement Conveyance From: Mario C. Buffa, et ux, To: The
County of York, Virginia, Project: Dare Vacuum Sewer," as shown on
the referenced plat dated September 27, 2000, prepared by AES Consulting
Engineers, and designated as a "10' Permanent Utility
Easement," and a "Temporary Construction Easement to
P/L." Value offered to Owner: $1,424.00.
Tax Map No. 30-120A
"Plat of Easement Conveyance From: William A. Green, To: The County
of York, Virginia, Project: Dare Vacuum Sewer," as shown on the
referenced plat dated September 27, 2000, prepared by AES Consulting
Engineers, and designated as a "Permanent Utility Easement (7,066
S.F.±) and a "10' Temporary Construction Easement." Valued
offered to Owner: $2,364.00.
Tax Map No. 30-92B
"Plat of Easement Conveyance From: Alonzo Allen Hogge, Jr., To: The
County of York, Virginia, Project: Dare Vacuum Sewer," as shown on
the referenced plat dated September 27, 2000, prepared by AES Consulting
Engineers, and designated as a "Permanent Utility Easement."
Valued offered to Owner: $91.00.
Tax Map No. 30-87C
"Plat of Easement Conveyance From: Edward F. Easley, et ux, To: The
County of York, Virginia, Project: Dare Vacuum Sewer," dated
September 27, 2000, prepared by AES Consulting Engineers, and designated
as a "Permanent Utility Easement." Value offered to Owner:
$133.00.
Tax Map No. 30-15-3B-8
"Plat of Easement Conveyance From: Joseph M. Green, et ux, To: The
County of York, Virginia, Project: Dare Vacuum Sewer," dated
September 27, 2000, prepared by AES Consulting Engineers, and designated
as a "Permanent Utility Easement." Value offered to Owner:
$73.00.
Tax Map No. 30-85
"Plat of Easement Conveyance From: Marian E. Butler, To: The County
of York, Virginia, Project: Dare Vacuum Sewer," dated September 27,
2000, prepared by AES Consulting Engineers, and designated as a
"Permanent Utility Easement." Value offered to Owner: $600.00.
Tax Map No. 30-123G
"Plat of Easement Conveyance From: Maximino Feliciano, To: The
County of York, Virginia, Project: Dare Vacuum Sewer," dated
September 27, 2000, prepared by AES Consulting Engineers, and designated
as a "Permanent Utility Easement." Value offered to Owner:
$383.00.
Tax Map No. 30B-2-5
"Plat of Easement Conveyance From: Nadine T. Bunn, To: The County
of York, Virginia, Project: Dare Vacuum Sewer," dated September 27,
2000, prepared by AES Consulting Engineers, and designated as a
"Permanent Utility Easement." Value offered to Owner: $194.00.
Tax Map No. 30-80A
"Plat of Easement Conveyance From: Paul A. Wilford, et als, To: The
County of York, Virginia, Project: Dare Vacuum Sewer," dated
September 27, 2000, prepared by AES Consulting Engineers, and designated
as a "Permanent Utility Easement." Value offered to Owner:
$65.00.
Tax Map No. 30-1-2
"Plat of Easement Conveyance From: E. Neil Pickett, To: The County
of York, Virginia, Project: Dare Vacuum Sewer," dated September 27,
2000, prepared by AES Consulting Engineers, and designated as a
"Permanent Utility Easement." Value offered to Owner: $336.00.
Tax Map No. 30-1-4
"Plat of Easement Conveyance From: E. Neil Pickett, To: The County
of York, Virginia, Project: Dare Vacuum Sewer," dated September 27,
2000, prepared by AES Consulting Engineers, and designated as a
"Permanent Utility Easement." Value offered to Owner: $246.00.
Tax Map No. 30-63-1
"Plat of Easement Conveyance From: Wilbur R. Todd, et ux, To: The
County of York, Virginia, Project: Dare Vacuum Sewer," dated
September 27, 2000, prepared by AES Consulting Engineers, and designated
as a "Permanent Utility Easement." Value offered to Owner:
$148.00.
BE IT STILL FURTHER RESOLVED that the Chairman of the Board of
Supervisors, the County Treasurer and the County Attorney are hereby
authorized and directed, for and on behalf of the County, to execute
certificates to be recorded in the Office of the Clerk of the Circuit
Court for York County, certifying the amounts set forth above as the
fair value, and damages if any, of the interests to be taken, will be
paid the owners in accordance with the provisions of State law and upon
order of the Court.
BE IT STILL FURTHER RESOLVED that the County Attorney be, and he
is hereby, authorized, if necessary and appropriate, at any time
following the date of this Resolution, to institute condemnation
proceedings in the name of the Board of Supervisors to acquire title to
the interests in the property described above, including, if necessary,
any other easements or restrictions that may affect the easements sought
to be acquired, and to do all things necessary as a prerequisite
thereto.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
CITIZENS COMMENT PERIOD (Continued)
Mr. Daniel Comber, 121 Penn Drive, stated he was present on behalf
of the president of the Quaker Estates Homeowners' Association regarding
the Burke development. He stated many people had spoken and expressed
the position of Quaker Estates very well. He stated they would also like
to see the separation of the wording for the proposed development
eliminated from the resolution for the water extension agreement. Mr.
Comber stated the Waltrip people are less than good neighbors, and there
is question as to how honest they are with what has been removed from
the site. He asked the Board to make choices on the school and the water
and sewer extension based on their merits individually.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett stated the General Assembly has finished the major
part of its business, and he hoped at the Board's next meeting to give
the members a more complete report on the General Assembly's actions. He
then stated that he and Mrs. Hook would be out of the office on Thursday
and Friday in Richmond attending the Local Government Attorneys'
conference.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds stated the application for no wake buoys had been
withdrawn, but the citizens group still planned on meeting with the
Virginia Department of Game and Inland Fisheries to go over procedures
for sign installation and no wake enforcement. He indicated the Board
had been provided with informational material for the March 13 work
session on the budget. On March 20 he planned to ask the Board members
which subjects/items they wished to discuss for the other scheduled work
sessions. Mr. McReynolds then briefed the Board members on his meeting
last week with the Homeowners Associations, stating they had a good
information session and received a briefing on the construction of the
proposed community center. He also noted the public hearing on the
FY2002 budget was scheduled for 7:00 p.m., Thursday, March 15, 2001, in
the Board Room of York Hall. He stated the Board members also received
from the Director of Economic Development some information they inquired
about regarding properties in the County and existing businesses. Mr.
McReynolds indicated staff was planning to include something along these
lines on the website.
MATTERS PRESENTED BY THE BOARD
Mr. Zaremba spoke regarding the water and sewer extension issue
before the Board this evening, stating a meeting was held this past
Thursday with the residents of the upper County, and the response was
outstanding. There were over 100 residents present, and Mr. Zaremba
congratulated the County staff who were present. He stated about 95
percent of the attendees expressed opposition to the proposal because
they did not feel the developer had been a good neighbor. He stated the
meeting was a great demonstration of the County residents expressing
their views and the engineer responding in a factual manner. The
representative from the Williamsburg Christian Academy discussed the
proposal, and a couple of issues were resolved. There was a desire to
separate the issues of the water and sewer extension from the initiative
on the part of the school to build a facility on the property, and since
last Thursday the staff had been working to draft an amended resolution
to separate the two issues. He stated he felt the new draft was very
close to the wording proposed by the residents and was responsive to the
residents.
Mr. Wiggins also spoke regarding the meeting held last Thursday,
stating he had no idea the residents had gone through so much with Mr.
Waltrip for so long, and he could understand why they would be skeptical
as far as any agreement the County might have with him. He stated the
citizens of the County expect the Board to close up any loopholes there
might be in the County's ordinances, and staff is now in the process of
looking at the Zoning Ordinance. He also mentioned the issue of marinas,
stating it was never intended for a restaurant to be placed at a marina.
Eating establishments and restaurants are two very different things, and
he stated he felt very good about the amended resolution. Mr. Wiggins
stated the County needs water and sewer in the upper county, and the
Board should do whatever it can to expedite the process.
Mrs. Noll spoke concerning the need for the NASA facility to
continue to be funded in the area of aeronautical research and
development in order for the country to remain dominate in the area of
flight. She stated the citizens need to pay attention so that support
for NASA's programs is not lost.
Mr. Ashe stated last week he had a meeting with the Commissioner
of VDOT in order to secure funding for the Yorktown Beach improvements.
He stated the Commissioner was very supportive, and another meeting was
scheduled. Mr. Ashe stated he felt the improvements on the beach will
very possibly be achieved. He reported that he had also received several
calls from residents of Woodlake Crossing about drainage problems. Brian
Woodward was working on these calls and will be responding directly back
to the citizens.
Chairman Burgett stated he felt it was time for the Board to start
taking action to select a permanent County Administrator. He proposed
that the Board be given all the applications on March 20, and at its
April 3 Regular Meeting the Board would hold a closed meeting to go
through them and select those candidates to interview on April 10.
Chairman Burgett indicated he hoped the Board could announce a selection
on April 17.
Mrs. Noll stated her only question was whether or not there would
be enough time to do background checks.
Chairman Burgett indicated if a problem arose, the Board would do
whatever it took to make the selection properly. He then noted the Board
had held a joint meeting with the York County School Board and received
a briefing on its preliminary budget for FY2002. He discussed the
Peninsula Alliance for Economic Development, stating how important the
group was as it affects a wide range of people through its training
efforts and providing the necessary workforce to man the area's
technological positions. Chairman Burgett also commented on the
breakfast he attended hosted by the Office of Economic Development,
stating it was a resounding success and very informative for those in
attendance.
UNFINISHED BUSINESS
PUBLIC WATER AND SEWER EXTENSION AGREEMENTS-BURKE DEVELOPMENT
Mr. McReynolds noted the Board had tabled consideration of the
public water and sewer agreements at its last meeting in order to
redraft the resolution. He stated the plans were to extend the water and
sewer facilities to this area with or without developer participation,
and these agreements did not convey any additional rights to the
developer.
Mr. John Hudgins, Director of Environmental and Development
Services, made a brief presentation providing the Board with information
concerning the utility extension proposal. He provided background
information concerning the approval of the Utilities Strategic Capital
Plan to provide utilities throughout the County. Two of the projects in
the plan were contained in the agreements before the Board-the Lightfoot
water and the Skimino Hills sewer. He stated these extensions were
important in providing quality water and sanitary facilities in the
upper part of the County. He displayed for the Board a ranking of the
utility projects contained in the Strategic Plan, and explained the path
that the utilities will take from the Lightfoot area going under
Interstate-64 and terminating in the Kingsgate area. Mr. Hudgins noted
that as a result of the meeting held on March 1 with the residents, a
handout was developed and issued to answer many of the questions asked
by the attending residents. He pointed out that there was no intent to
mislead the public or the Board through the wording in the original
resolution. These agreements are always considered and executed before
any development agreements are considered.
Mr. Wiggins asked if the water extension will eliminate the bad
water in that area.
Mr. Hudgins stated all the water comes from the same aquifer. This
agreement will allow another source to maintain water flow to the
citizens. It improves pressure and allows the County to maintain
pressure if one of its wells were to go dry.
Mr. Brian Woodward, Chief Engineer, indicated the quality of the
water would not improve. He stated it was his understanding from the
citizens of the area that they have excellent water.
Mr. Zaremba spoke of the need for sewer facilities in the upper
County, and he asked if the sewer and water projects would be done in a
parallel fashion.
Mr. Hudgins indicated that from a construction standpoint it would
add to the cost of running utilities if the projects were done
separately. He stated it makes good economic sense to do them at the
same time.
Mr. Zaremba stated the revised resolution was drafted without the
language pertaining to the proposed development, and he asked what
benefit does the agreement provide to the developer.
Mr. Hudgins stated that under the current Zoning Ordinance the
developer could get approximately 57 parcels to develop, whereas without
sewer and water he could get only 30 to 35.
Mr. Wiggins stated he felt very good about the proposed agreements
and that the staff has answered the residents' concerns.
Chairman Burgett reiterated that these agreements were for water
and sewer extension only, and they did not approve any subdivision. The
County's schedule includes bringing in water and sewer to this area; and
doing it through this route, the County will spend less money doing it.
Mrs. Noll then moved the adoption of proposed Resolution
R01-30(R-1) that reads:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE
(OFF-SITE) PUBLIC WATER AND SEWER EXTENSION AGREEMENTS PURSUANT TO
SECTIONS 18.1-53(B) AND 22-88 OF THE YORK COUNTY CODE
WHEREAS, the Jamestown Management Co., LLC, on the behalf of
Burke, LLC, has requested that the County enter into an off-site public
water extension agreement pursuant to § 22-88 (b) of the York County
Code to extend utilities to property shown in the County's land records,
Tax Map #9-2; and
WHEREAS, the Jamestown Management Co., LLC, has requested that the
County participate financially in the extension of the water line, under
an arrangement through which the developer will provide all the
necessary labor and equipment to construct the water line, and the
County will provide all the necessary materials for the water line; and
WHEREAS, the Jamestown Management Co., LLC, has also requested an
off-site public sewer extension agreement pursuant to Section 18.1-53(b)
of the York County Code; and
WHEREAS prior to any additional engineering on potential
development opportunities, the developer has requested that a
determination be made as to whether the Board will authorize these
extensions of the public facilities of the County; and
WHEREAS, the developer will receive $60,000 in system facility
credits to be applied against the sanitary sewer connection fees due
from the developer;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 6th day of March, 2001, that the Board approves the
extension of the County's public water and sewer systems, and that the
County Administrator be, and hereby is, authorized to execute off-site
public water and sewer extension agreements with Burke, LLC, for the
proposed extensions of utilities to property shown in the County's land
records as Tax Map #9-2; such agreements to be approved as to form by
the County Attorney.
On roll call the vote was:
Yea: (4) Noll, Wiggins, Ashe, Burgett
Nay: (1) Zaremba
CONSENT CALENDAR
Mr. Ashe stated he understood the need to replenish the sand at
the beach, but expressed his concern about the costs and the future of
the beach in Yorktown.
Mrs. Noll moved that the Consent Calendar be approved as
submitted, Item No. 3.
On roll call the vote was:
Yea: (4) Wiggins, Zaremba, Noll, Burgett
Nay: (1) Ashe
Thereupon, the following resolution was adopted:
Item No. 3. PURCHASE AUTHORIZATION: Resolution R01-46
A RESOLUTION TO AUTHORIZE PURCHASE OF SAND FOR BEACH FILL
REPLENISHMENT
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 6th day of March, 2001, that the County Administrator
be, and hereby is, authorized to conclude procurement arrangements for
the following:
AMOUNT
Sand
$ 110,000
NEW BUSINESS
REQUEST FOR BONDED INDUSTRIAL ACCESS ROAD FUNDING AT INTERNATIONAL
CENTER BUSINESS PARK
Mr. McReynolds made a brief presentation on proposed Resolution
R01-44 to make application to the Virginia Department of Transportation
for Bonded Industrial Access Road funding for new road construction to
access property at International Center Business Park, and proposed
Resolution R01-45 to authorize the execution of an agreement with
Bulifants, L.P., regarding the construction costs of the industrial
access road. He stated the County was serving as a conduit between the
developer and the state, and it will open access to the area targeted
for industrial parks.
Chairman Burgett asked if it would be through bonds or letters of
credit.
Mr. James Noel, Director of Economic Development, stated the
program allows different methods of surety, and whatever was acceptable
to VDOT and the County would be utilized.
Mr. Zaremba stated he wanted to make sure the County wouldn't be
responsible once the surety was in place.
Mr. Wiggins stated he had reviewed the agreement several times,
and he did not see how the County could be held liable for anything. He
stated he felt it was a wonderful opportunity.
Mr. Wiggins then moved the adoption of proposed Resolution R01-44
that reads:
A RESOLUTION TO REQUEST BONDED INDUSTRIAL ACCESS ROAD FUNDING AT
INTERNATIONAL CENTER BUSINESS PARK
WHEREAS, the Bulifants, L.P., has acquired property located in the
County of York for the purpose of industrial development; and
WHEREAS, this property is expected to be the site of new private
capital investment in land, building, and manufacturing equipment which
will provide substantial employment; and
WHEREAS, the subject property has insufficient access to a public
street or highway to support the proposed development and will require
the construction of a new roadway to connect with Mooretown Road (Route
603); and
WHEREAS, the County of York hereby guarantees that the necessary
right of way for this new roadway and utility relocations or
adjustments, if necessary, will be provided at no cost to the Virginia
Department of Transportation;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 6th day of March, 2001, that it does hereby request
that the Commonwealth Transportation Board provide Bonded Industrial
Access Road Funding to provide an adequate road to this project; and
BE IT FURTHER RESOLVED that the Board hereby agrees to provide a
surety or bond, acceptable to and payable to the Virginia Department of
Transportation, in the full amount of the cost of the road; this surety
shall be exercised by the Department of Transportation in the event that
sufficient qualifying capital investment does not occur on York County
Tax Map No. 2, Parcel 34, within five years of the Commonwealth
Transportation Board's allocation of funds pursuant to this request.
BE IT FURTHER RESOLVED that the York County Board of Supervisors
does hereby agree that the new roadway so constructed will be added to
and become a part of the Secondary System of Highways.
On roll call the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Mrs. Noll then moved the adoption of proposed Resolution R01-45
that reads:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO ENTER INTO
AN AGREEMENT WITH BULIFANTS, L.P. REGARDING CONSTRUCTION COSTS OF AN
INDUSTRIAL ACCESS ROAD
WHEREAS, Bulifants, L.P. desires to develop an industrial park on
property fronting on Mooretown Road in York County, identified as York
County Tax Map Parcel No. 2-34; and
WHEREAS, Bulifants, L.P. desires that the County shall apply to
the Commonwealth Transportation Board for Bonded Industrial Access Road
funding to pay for the costs of construction of an access road to the
proposed industrial park; and
WHEREAS, this Board desires to do so, provided that Bulifants,
L.P. shall guarantee and hold harmless the County from all road
construction costs and from any liability which the county may incur to
the Commonwealth Transportation Board for such costs pursuant to the
Bonded Industrial Access Roads Program of the Virginia Department of
Transportation.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 6th day of March, 2001, that the County Administrator
be, and is hereby authorized, for and on behalf of the Board, to execute
an agreement with Bulifants, L.P., by which Bulifants, L.P. agrees to
guarantee and hold harmless the County from all construction costs for
such access road, and to post a bond or other surety acceptable to the
County to guarantee and hold harmless the County from payment on any
bonds or other surety which the County shall be required to post with
the Commonwealth Transportation Board pursuant to the terms and
conditions of the Bonded Industrial Access Roads Program, such agreement
to be substantially similar in form to the agreement attached to the
County Administrator's report to the Board dated February 23, 2001, such
agreement to be approved as to form by the County Attorney.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
CLOSED MEETING. At 9:12 p.m. Mr. Wiggins moved that the
meeting be convened in Closed Meeting pursuant to Section 2.1-344(a)(7)
of the Code of Virginia pertaining to consultation with legal counsel on
a specific legal matter.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
Meeting Reconvened. At 9:25 p.m. the meeting was reconvened
in open session by order of the Chair.
Mr. Zaremba moved the adoption of proposed Resolution SR-1 that reads:
A RESOLUTION TO CERTIFY COMPLIANCE WITH THE FREEDOM OF
INFORMATION ACT REGARDING MEETING IN CLOSED MEETING
WHEREAS, the York County Board of Supervisors has convened a
closed meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of the Virginia Freedom of Information
Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a
certification by the York County Board of Supervisors that such closed
meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 6th day of March, 2001, hereby certifies that, to
the best of each member's knowledge, (1) only public business matters
lawfully exempted from open meeting requirements by Virginia law were
discussed in the closed meeting to which this certification resolution
applies, and (2) only such public business matters as were identified in
the motion convening the closed meeting were heard, discussed, or
considered by the York County Board of Supervisors.
On roll call the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
Meeting Adjourned. At 9:27 p.m. Chairman Burgett declared
the meeting adjourned to 6:30 p.m., Tuesday, March 13, 2001, in the East
Room, York Hall, for the purpose of conducting a work session.
_____________________________
_______________________________
James O. McReynolds, Clerk
James S. Burgett, Chairman
York County Board of Supervisors
York County Board of Supervisors
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