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Regular Meeting
April 3, 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, April 3, 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. Dr. Jeffrey Trimble, Rising Sun Baptist Church, gave
the Invocation.
Pledge of Allegiance to the Flag of the United States of
America. Chairman Burgett led the Pledge of Allegiance.
PRESENTATIONS
ZWEIBRUCKEN STUDENT EXCHANGE PROGRAM
Ms. Sandy Hespe, York County School Division, outlined the plans
for the Zweibrucken, Germany, students' visit to York County, and she
then asked them to come forward with their sponsors and introduce
themselves. The delegation consisted of:
Meike Hauter
Olga Oster
Ellen Eitel
Anne Ernst
Katharina Rimbrecht
Magdalena Omlor
Alexa
Bohr
Felix Oster
Christoph
Schwarz
Eva Jarolim
Teacher Chaperone: Christiane Huwer-Rieder
Chairman Burgett then welcomed the students and presented them
with York County pins.
KING WILLIAM RESERVOIR STATUS
Mr. Randy Hildebrandt, Assistant City Manager of Newport News,
appeared to bring the Board and County citizens up to date on the
permitting process for the King William Reservoir. He stated that on
March 20 the decision of the Corps of Engineers was to deny the permit
for the project. Because of Governor Gilmore's intervention in advocacy
of the issuance of a federal permit, the actual decision now rests with
General Rhodes, Commander of the North Atlantic Division, US Army Corps
of Engineers. Over the next 30 days the Norfolk District will accept
public comments on its 200-page decision, and Colonel Carroll will then
make his final recommendation to General Rhodes which initiates another
30-day comment period. He spoke of the reasons why it was important to
forward comments to the Norfolk District by May 4, and he reviewed the
benefits of current reservoirs and how the proposed King William
reservoir does not threaten the culture and existence of native American
tribes in King William County. He stated he believed the Norfolk
District staff values the maintenance of the natural environment far
more than they value the need for communities to have a reliable and
affordable water supply. Mr. Hildebrandt encouraged the individual
elected officials to comment and copy their letters to the Governor and
Congressional delegation.
Mr. David Morris, Project Manager, Newport News Waterworks, briefed the
Board regarding the recent findings of the Corps of Engineers concerning
its permit denial for the King William Reservoir. He stated the region
has worked for over a decade with the Corps and state government to make
sure the King William project was a permitable project. He spoke of the
flaws found in the Corps document denying the permit such as the Corps'
belief that the existing area reservoirs have more supply in dead
storage and its contention that the James City County project will yield
up to 6 million gallons a day more for the Peninsula. Mr. Morris noted
that the James City County project will yield only about 1 ½ million
gallons additional per day, and James City County will address that
statement with the Corps. The Corps' contention that additional
development would occur around a new reservoir would be difficult in
that it is designated as a conservation area. The alleged environmental
impact to the Indian tribes is not true; a new reservoir would more
affect the communities around the reservoir, and those communities
support the project. Regarding wetlands mitigation, Mr. Morris stated
that over 250 mitigation sites were visited, and the selection was
through a consensus process with the Corps, and the Corps is now saying
there is a shortfall. He stated the entire document was written in a
very negative tone, and its evaluation provides a double standard. An
honest rebuttal to these statements will be prepared reminding the Corps
that most of the areas challenged were directed by the Corps itself. Mr.
Morris stated he felt the region has a very good chance during appeal in
that the Corps has not stopped permitting other projects around the
country. Newport News is very optimistic because there is very strong
support for the King William Reservoir in the state, and it will
continue to coordinate closely with York County staff on its progress.
Mr. Ashe asked what was the amount of money spent thus far on
studies for this project and who was paying for it.
Mr. Morris stated that water customers around the Peninsula were
financing the project which to date has cost $19 million dollars. He
noted that this has been due to the studies which were required by the
Corps of Engineers.
Mr. Ashe asked if the Corps gives the city credit for the wetlands
recreated around the reservoir once it is built.
Mr. Morris indicated it did not.
Mrs. Noll stated she has seen in the newspaper that a couple of
the proponents for the Indian tribes have stated there are many other
sources available, one being recycled waste water. She asked how viable
an option that would be.
Mr. Morris stated there is an instance of treated waste water
being used. The Health Department steers localities away from this
option if there are other sources of water available. Newport News tried
to duplicate the idea to see if the Health Department would allow it,
but it could not be done because of the strict parameters set by the
Health Department. Mr. Morris stated it wasn't worth the expenditure or
health risk.
CITIZENS COMMENT PERIOD
Mr. Richard Murtland, 102 Valentine Circle, spoke concerning the
environmental and development systems in the County and its Code
Compliance Division. He explained that he has had complaints lodged
against him which had no foundation in substance. After each
investigation by the County, no violation has been found. He stated what
he was experiencing borders on harassment, and he has been told by
County employees in Code Compliance that the complainant's information
is confidential and may not be given to him. Mr. Murtland asked the
Board to address the matter and find a way to stop harassing citizens
when unsubstantiated complaints are made against them.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett addressed Mr. Murtland's comments stating there was an
Attorney General's decision that states complaints of code violations
are under the Freedom of Information Act and can be treated as criminal
investigations. As a local practice, local governments do not normally
release names of complainants. Mr. Barnett then indicated his office
would be one of those moving on Friday to the newly renovated wing in
the Administration Building.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds stated that staff was actively pursuing the
arrangements for use of York Hall. Negotiations with the Yorktown Arts
Foundation should be available in the very near future. There will also
be an estimate for furnishing the gift shop and utilizing the area
downstairs in the building as well. He then mentioned that there was a
conflict for a couple of the Board members to hold the scheduled retreat
on April 28, and he asked the Board to consider re-scheduling to either
May 5, May 19, or June 9.
Mr. Wiggins and Mrs. Noll indicated they had previous commitments
on May 5.
MATTERS PRESENTED BY THE BOARD
Mrs. Noll noted it was National Library Week, and she explained
that the library has activities planned for all ages. She suggested that
individuals visit the web site and look at the calendar of events and
participate. She also noted that April was Child Abuse Prevention Month,
and the public was encouraged to recognize this event and renew vows to
take care of the children. Mrs. Noll then stated the signage on Route 17
was changing in that the street signs are being placed on overhead
poles. She stated the flags have been at half-mast in honor of
Congressman Sisisky who passed away.
Mr. Ashe stated he had the occasion today to attend a meeting in
Norfolk relating to a state-wide regional housing study that the
Secretary of Trade and Commerce asked be done to find out what is
impacting housing in all the regions across the state. One of the
amazing things that has come out of the study so far is that one of the
major housing needs the region will be facing is for the younger
residents, aged 20-35. He stated there is a real shortage for this age
group, and there is also a real need for housing facilities for the
homeless. Once the study is complete, Mr. Ashe stated he would make sure
the Board received copies. He distributed to them at this time copies of
the materials he received during today's meeting.
Mr. Zaremba noted that the Board would be approving the Fiscal
Year 2002 budget for the County later in the meeting. The budget process
has been ongoing since October of last year, and the citizens have had
the opportunity to interact with the Board to voice their concerns. The
proposed budget has been on the County web site, and there have been
many work sessions held on the various parts of the overall budget. He
stated he found it interesting this year that there was very little
citizen input received during this six-month process, and this was
either because the citizens are completely happy with the Board's
performance or there is a great deal of apathy and the people don't want
to get involved. Mr. Zaremba spoke of the many issues coming up and
again appealed to the citizens to get involved and provide the Board
with input. He then commented on having read the minutes of the January
25 meeting of the Parks and Recreation Advisory Board, and in it was a
comment that the Advisory Board expressed disappointment that it was not
called upon to provide a position on some of the discussions the Board
of Supervisors was having on Parks and Recreation issues. Mr. Zaremba
stated the Parks and Recreation Advisory Board did not need an
invitation to provide input, and indicated the Board would be grateful
at any time for the opinion and input of the Advisory Board.
Mr. Wiggins spoke concerning the water situation and the fact that
the water table drops about 2 feet each year. Some people in the County
are having to have their wells dropped 3-4 feet in order to get water.
He noted the County plans to hook up to the Newport News City water
system to provide for the County's future water supply. New Kent County
does not have a water system, and they wish to depend on Newport News
for their future supply also. He urged all citizens to support the
Newport News Waterworks in its attempts to obtain a permit for the King
William Reservoir in order to provide the region's future water supply.
Chairman Burgett also noted that anyone serving on a York County
board or committee is encouraged to provide input to the Board whenever
they feel the need without having to be asked. He then stated he had
attended the Hampton Roads and the Peninsula Mayors and Chairs meetings
during the last two weeks. A major effort of both groups has been the
State budget and getting the Governor to back off on some of the budget
cuts he has proposed that will affect the region. He stated on Sunday he
had the pleasure to attend the dedication of the new fellowship hall at
Grafton Baptist Church. Chairman Burgett reminded everyone that on
Friday the Child Development Resources' open house would be held at the
Griffin-Yeates Center, and Saturday was York County's Volunteer
Appreciation Day that would be held at Yorktown Middle School. During
this evening's Closed Meeting, Chairman Burgett indicated the Board
would be reviewing the applications received for the position of County
Administrator. He stated the Board's goal tonight was to select the top
candidates to interview on April 10 in order to make an announcement by
April 17.
UNFINISHED BUSINESS
PURCHASE AUTHORIZATION
Mr. McReynolds stated this item was tabled from the March 20
meeting in order to allow the Board to discuss the procurement process.
A work session was held on March 27 to review the process.
Chairman Burgett indicated the Board had held two meetings where
this item was discussed at length, and he was ready for the vote.
Mr. Zaremba expressed his concern and opinion that the award of
this contract was wrong, and his vote would reflect that opinion. The
Board was advised there were seven contractors who submitted proposals,
and there was only $15,000 separating the top two bidders. The selection
team for the County considered each contractor for responsiveness and
responsibility to meet the contract requirements. In light of the
criteria that must be considered, it was clear to him that the
recommended contractor for this procurement lacked the moral and
business integrity required to receive the award. Mr. Zaremba also
expressed his disappointment in the lack of citizen concern regarding
this procurement.
Mr. Wiggins stated he appreciated Mr. Zaremba's comments, but he
disagreed that it was not an inappropriate award. He stated the issue
Mr. Zaremba spoke of previously was over and had nothing to do with the
contract in question.
Mr. Ashe indicated he has bid contracts such as this for 28 years
and understands contract law as was explained by staff in great detail,
and he saw no reason to pass on to the next bidder. The subject
contractor performed the construction on the Calthrop Neck sewer project
and did a fine job, including keeping the streets clean and open, and he
worked with the citizens to keep them informed. He agreed that whatever
happened with this contractor before was history.
Chairman Burgett stated he felt the contractor met the
requirements for successfully bidding the contract. His actions on his
own property in the northern part of the County were not relevant to
this contract.
Mrs. Noll agreed that there were two separate issues and that one
had nothing to do with the other. She then moved the adoption of
proposed Resolution R01-67 that reads:
A RESOLUTION TO AUTHORIZE PROCUREMENT OF THE DARE AREA SECTION 3
VACUUM SEWER AND WATER PROJECT
WHEREAS, it is the policy of the Board of Supervisors that all
procurements of goods and services by the County involving the
expenditure of $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 3rd day of April, 2001, that the County Administrator
be, and hereby is, authorized to conclude procurement arrangements for
the following:
AMOUNT
Dare Area Section 3 Vacuum Sewer & Water
Project
$1,936,859
On roll call the vote was:
Yea: (4) Noll, Wiggins, Ashe, Burgett
Nay: (1) Zaremba
CONSENT CALENDAR
Mr. Zaremba moved that the Consent Calendar be approved as
submitted, Item Nos. 1, 2, 3, 4, 5, and 6, respectively.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 1. APPROVAL OF MINUTES
The following minutes of the York County Board of Supervisors were
approved:
March 6, 2001, Regular Meeting
March 13, 2001, Adjourned Meeting
March 15, 2001, Adjourned Meeting
Item No. 2. PUBLIC SAFETY EMPLOYEE OF THE QUARTER:
Resolution R01-59
A RESOLUTION TO COMMEND ANDREW T. BARDEN, FIRE CAPTAIN,
DEPARTMENT OF FIRE AND LIFE SAFETY, DIVISION OF FIRE AND RESCUE
OPERATIONS, AS PUBLIC SERVICE EMPLOYEE OF THE QUARTER
WHEREAS, Captain Andrew T. Barden has been employed with the
Department of Fire and Life Safety for ten years and currently serves as
the Station Officer for Fire Station Three; and
WHEREAS, Captain Barden volunteered to design, develop and
personally instruct a training program for fire apparatus operators; and
WHEREAS, he began with a state certification program and expanded
it to include experience with all types of department fire suppression
equipment; and
WHEREAS, he conducted eight classes over a 10-month period, at
approximately 90 hours each for 52 of the department's personnel; and
WHEREAS, this training has now set the performance standard for
the release of fire apparatus operators and enhanced the operational
readiness of the department; and
WHEREAS, Captain Barden's dedication and commitment make him a
valuable asset to the department;
NOW THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 3rd day of April, 2001, that Andrew T. Barden, Fire
Captain, is hereby congratulated upon his selection as Public Service
Employee of the Quarter for the quarter ended December 31, 2000.
Item No. 3. PUBLIC SERVICE EMPLOYEE OF THE QUARTER: Resolution
R01-60
A RESOLUTION TO COMMEND F. TROY LYONS, DEPUTY SHERIFF -
INVESTIGATOR, OFFICE OF THE SHERIFF, AS PUBLIC SAFETY EMPLOYEE OF THE
QUARTER
WHEREAS, on July 21, 2000, Investigator F. Troy Lyons was assigned
to investigate and process a robbery crime scene at a 7-Eleven
convenience store located off Route 17 in the Tabb section of York
County; and
WHEREAS, two masked suspects armed with handguns had committed
robbery of the store and in the process shot and killed a female clerk
and wounded another; and
WHEREAS, the only available evidence at the scene was the
statement of the clerk who had been shot and the video that had captured
the crime on film; and
WHEREAS, Investigator Lyons reviewed the video for any small
details that might identify the suspects; and
WHEREAS, he detected a small, light colored car drive into view
and watched the two suspects get into the vehicle and leave and this
evidence led to arrest of the suspects as well as the recovery of the
weapons used in the robbery; and
WHEREAS, Investigator Lyons' diligence and devotion to duty solved this
case in a quick and diligent manner and proves he is a valuable asset to
the Sheriff's Office and the citizens of York County;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 3rd day of April, 2001, that F. Troy Lyons, Deputy
Sheriff - Investigation, is hereby congratulated upon his selection as
Public Safety Employee of the Quarter for the quarter ended December 31,
2000.
Item No. 4. EXPENDITURE OF FUNDS FOR NEW QUARTER PARK OPERATIONS:
Resolution R01-62
A RESOLUTION TO APPROVE THE EXPENDITURE OF UP TO $28,000 FROM
THE CONTINGENCY RESERVE TO BE USED TO OPEN NEW QUARTER PARK FOR
GENERAL PUBLIC USE AND TO PURCHASE ADDITIONAL PICNIC TABLES AND TRASH
CANS
WHEREAS, the Board of Supervisors has directed staff to open New
Quarter Park for general public use from Saturday, May 26 through
Saturday, June 30, 2001 and possibly on certain weekends and purchase
additional picnic tables and trash cans for the Park;
WHEREAS, funds are needed to open the Park and make such purchases
as outlined in the County Administrator's report to the Board dated
March 16, 2001;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 3rd day of April, 2001, that the expenditure of up
to $28,000 from the Contingency Reserve be, and hereby is, authorized
for the purpose of opening New Quarter Park to the general public and
purchasing additional picnic tables and trash cans as described in the
County Administrator's report to the Board dated March 16, 2001.
Item No. 5. ENDORSEMENT OF FAIR HOUSING PRINCIPLES: Resolution
R01-37
A RESOLUTION ENDORSING THE PRINCIPLES OF FAIR HOUSING AS SET
FORTH IN TITLE 36, CHAPTER 5.1 OF THE CODE OF VIRGINIA (1950 AS
AMENDED)
WHEREAS, the Commonwealth of Virginia has, through Section 36-96.1
of the Code of Virginia (1950, as amended), established a policy to:
"provide for fair housing throughout the Commonwealth, to all its
citizens, regardless of race, color, religion, national origin, sex,
elderliness, familial status or handicap, and to that end to prohibit
discriminatory practices with respect to residential housing by any
person or group of persons, in order that the peace, health, safety,
prosperity and general welfare of all inhabitants of the Commonwealth
may be protected and insured;" and
WHEREAS, Section 36-96.8 et.seq., of the Code of Virginia (1950 as
amended) empowers the Virginia Real Estate Board to receive complaints
and conduct investigations of alleged violations of the Fair Housing
Law;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 3rd day of April, 2001, that the Board does hereby
reaffirm its endorsement of the principles of the Virginia Fair Housing
Law and does hereby state that it is the policy of the York County Board
of Supervisors that said principles are, and continue to be, adhered to
in this County.
Item No. 6. PARABOLIC DISH ANTENNA: Resolution R01-63
A RESOLUTION TO APPROVE A REQUEST BY XM SATELLITE RADIO TO ADD A
PARABOLIC DISH ANTENNA TO AN EXISTING 250-FOOT COMMUNICATIONS TOWER
WHEREAS, XM Satellite Radio has submitted a request to add a
parabolic dish antenna onto an existing 250-foot communications tower
located at the intersection of Water Country Parkway and Penniman Road
near the Route 199 and Interstate 64 interchange and further identified
as Assessor's Parcel No. 11-31A; and
WHEREAS, said request has been referred to the York Board of
Supervisors in accordance with the procedures established in Resolution
R96-244 (R-2); and
WHEREAS, the Board of Supervisors has carefully considered the
recommendation, with respect to this request;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 3rd day of April, 2001, that it does hereby approve
the request by XM Satellite Radio, as described in the County
Administrator's report to the Board dated March 20, 2001, to add a
parabolic dish antenna to an existing 250-foot communications tower
located at, the intersection of Water Country Parkway and Penniman Road
near the Route 199 and Interstate 64 interchange on property further
identified by Assessor's Parcel No.11-31A.
NEW BUSINESS
APPROVAL OF PROPOSED FY2002-2007 CAPITAL IMPROVEMENTS PROGRAM
Mrs. Noll moved the adoption of proposed Resolution R01-34 that
reads:
A RESOLUTION TO ADOPT THE FISCAL YEAR 2002-2007 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 2002-2007 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
2002-2007 Capital Improvements Program;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 3rd day of April, 2001, that the County Administrator's
proposed Fiscal Year 2002-2007 Capital Improvements Program be, and is
hereby, adopted by the Board of Supervisors.
On roll call the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
APPROVAL OF THE FISCAL YEAR 2002 BUDGET AND CALENDAR YEAR 2001 TAX
RATES
Mr. Wiggins moved the adoption of proposed Ordinance No. 01-1 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 2001, 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 2001 beginning January 1, 2001, and ending December 31,
2001; 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 3rd day of April, 2001, that the following County
tax levies be, and they hereby are, imposed for the calendar year 2001:
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) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Mr. Zaremba moved the adoption of proposed Resolution R01-35 that
reads:
A RESOLUTION TO APPROVE THE BUDGETS AND APPROPRIATE FUNDS FOR
THE FISCAL YEAR BEGINNING JULY 1, 2001 AND ENDING JUNE 30, 2002
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, 2001 and ending June 30, 2002, 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 2002, contains estimated availability of
funding from the Federal government in the amount of $9,304,958; from
the State government in the amount of $39,125,435; from the local
appropriations in the amount of $28,114,800 (including $881,142 for
continuation of the School Grounds Maintenance Agreement); and other
local revenues in the amount of $1,076,950;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 3rd day of April, 2001, that the Fiscal Year 2002
annual budget of the York County School Division for school operations
in the amount of $77,622,143 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
$2,784,728 for Fiscal Year 2002 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 2002 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 2002 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 $35,474,183 appropriated
above from the General Fund for Education and Educational Services,
includes $28,114,800 for the local contribution to the School Division
for support of the School operating budget and, of this amount
$27,233,658 is appropriated as a non-categorical appropriation to be
allocated among the various school operating categories as the School
Board deems necessary and $881,142 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 $325,555 for Fiscal Year 2002 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 $1,254,600 for Fiscal Year 2002 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 $758,000 for Fiscal Year 2002 be, and is hereby, made in the
Revenue Stabilization Reserve Fund for school construction projects.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $1,839,112 for Fiscal Year 2002 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 $4,113,467 for Fiscal Year 2002 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 $44,500 for Fiscal Year 2002 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 $10,075 for Fiscal Year 2002 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 $1,076,950 for Fiscal Year
2002 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 $1,015,648 for Fiscal Year 2002 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 $2,012,728 for Fiscal Year
2002 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 2002 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 $4,241,000 for Fiscal Year 2002 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 $3,972,500 for Fiscal Year 2002 be, and is hereby, made in the
Yorktown Capital Improvements Fund.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $2,676,000 for Fiscal Year 2002 be, and is hereby, made in the
Capital Fund.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $197,473 for Fiscal Year 2002 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 $5,242,945 for Fiscal Year 2002 be, and is hereby, made in the
School Debt Service Fund.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the
sum of $540,866 for Fiscal Year 2002 be, and is hereby, made in the
Public Facilities Debt Service Fund.
BE IT STILL FURTHER RESOLVED that the following appropriations for
Fiscal Year 2002 be, and are hereby, made in the Sanitary District and
Enterprise Funds:
Funds:
Sanitary District No. 1 Fund 84,900
Upper County Utility Fund 20,200
Solid Waste Management Fund 3,830,552
Water Utility Fund 369,960
Sewer Utility Fund 4,000,155
Stormwater Management Fund 270,000
Sanitary District No. 2 Fund 443,100
Water and Sewer Extension Fund 4,803,856
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, execute any necessary grant agreements or contract, to
implement a 2001 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 and the
Bike Patrol of the York County Sheriff's Office, the York County DARE
Program, Fire and Life Safety Programs, or Housing and Low Income
Families Programs 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 upon receipt of written
notification from the State Compensation Board of additional funds for
the Constitutional Officers (Commonwealth's Attorney, Sheriff, Clerk of
Court, Treasurer, and Commissioner of Revenue) not to exceed $30,000 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 monies be, and are hereby,
appropriated for Fiscal Year 2002 in the various funds for the purpose
of liquidating encumbered purchase transactions as of June 30, 2001 not
to exceed the Reserves for Encumbrances as recorded in the County's
audited accounting records. The County Administrator shall advise the
Board of Supervisors in writing of all such actions.
BE IT STILL FURTHER RESOLVED that the monies be, and are hereby,
appropriated for Fiscal Year 2002 in the various funds for the purpose
of continuing capital and special projects as of June 30, 2001 not to
exceed the Designation of Subsequent Year's Expenditures as recorded in
the County's audited accounting records. The County Administrator shall
advise the Board of Supervisors in writing of all such actions.
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) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
DESIGNATION OF REAL PROPERTY TAX FOR SCHOOL PURPOSES
Mr. McReynolds explained the purpose of proposed Resolution R01-33
to designate a portion of the real property tax for school purposes.
Mrs. Noll asked what portion of the tax rate is designated to the
schools.
Mr. McReynolds indicated that $.651 is designated for every $.86
of the tax rate.
Mr. Ashe then moved the adoption of proposed Resolution R01-33
that reads:
A RESOLUTION TO DESIGNATE A PORTION OF THE REAL PROPERTY TAX FOR
SCHOOL PURPOSES
WHEREAS, Public Law 874 enacted by the 81st Congress, and codified
in 20 U.S.C. Sections 236 to 241-1 and 242 to 244 (hereinafter "the
Act"), provides for federal financial assistance to local
educational agencies in areas affected by federal activities; and
WHEREAS, approximately half the land area of York County is
controlled by the federal government, part of which entitles the York
County School Division to financial assistance under Section 2 of the
Act, as administered pursuant to U. S. Department of Education
regulations governing distribution of financial aid authorized by the
Act, 34 CFR Part 222, Subpart J; and
WHEREAS, the York County School Division is a fiscally dependent
local education agency under these U. S. Department of Education
regulations; and
WHEREAS, 34 CFR Section 222.3, Definitions, provides that for a
fiscally dependent local education agency, the local real property tax
rate for school purposes can be defined as "that portion of a local
real property tax rate designated by the general government for school
purposes"; and
WHEREAS, the York County Board of Supervisors finds it to be in
the best interest of the citizens of York County to designate a portion
of the local real property tax rate for school purposes in conformance
with 34 CFR Section 222.3;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 3rd day of April, 2001, that for Fiscal Year 2002, a
portion of the York County, Virginia, local real property tax rate equal
to sixty-five and one tenths cents ($.651) 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, Ashe, Zaremba, Burgett
Nay: (0)
PUBLIC SEWER EXTENSION AGREEMENT-RAMSEY ESTATES
Mr. McReynolds explained the purpose of proposed Resolution R01-57
to authorize an amendment to the public sewer extension agreement for
the Ramsey Estates development.
Mrs. Noll asked the County Attorney for clarification as to why
the Board is considering this action.
Mr. Barnett explained the confusion in the ordinance about how it
applied with respect to the initial fee if it was paid within 90 days of
the offer. He stated it is clear on existing lots but is unclear with
unsubdivided, undeveloped land. He indicated that staff should be coming
before the Board with an amendment in the near future to clarify these
issues. As to the three parcels on the property in question, the
developer will be paying the higher fee because the owner at the time
did not choose to pay the lower initial fee.
Mrs. Noll then moved the adoption of proposed Resolution R01-57
that reads:
A RESOLUTION TO AUTHORIZE AN AMENDMENT TO THE PUBLIC SEWER
EXTENSION AGREEMENT FOR THE RAMSEY ESTATES DEVELOPMENT
WHEREAS, the Board of Supervisors previously approved the Public
Sewer Extension Agreement through the adoption of Resolution R00-186;
and
WHEREAS, the sanitary sewer connection fees to be due from the
developer for the 29 lot subdivision were determined to be $162,400, but
a reexamination of the applicable ordinances suggests that a lower fee
should be charged; and
WHEREAS, the amended Public Sewer Extension Agreement sets the
sanitary sewer connection fees due from the developer for this
development at $65,550;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 3rd day of April, 2001, that the County Administrator
be, and hereby is, authorized to execute an amended public sewer
extension agreement with Richard C. Epstein for the Ramsey Estates
Development amending the amount of the sewer connection fees for the
project to be $65,550, such agreement to be approved as to form by the
County Attorney.
On roll call the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
CLOSED MEETING. At 8:21 p.m. Mr. Wiggins moved that the
meeting be convened in Closed Meeting pursuant to Section 2.1-344(a)(1)
of the Code of Virginia pertaining to appointments to Boards and
Commissions, and the employment of a specific County employee.
On roll call the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Meeting Reconvened. At 8:46 p.m. the meeting was reconvened
in open session by order of the Chair.
Mrs. Noll moved the adoption of proposed Resolution SR-1 that reads:
A RESOLUTION TO CERTIFY COMPLIANCE WITH THE FREEDOM OF
INFORMATION ACT REGARDING MEETING IN CLOSED MEETING
WHEREAS, the York County Board of Supervisors has convened a
closed meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of the Virginia Freedom of Information
Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a
certification by the York County Board of Supervisors that such closed
meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 3rd day of April, 2001, hereby certifies that, to
the best of each member's knowledge, (1) only public business matters
lawfully exempted from open meeting requirements by Virginia law were
discussed in the closed meeting to which this certification resolution
applies, and (2) only such public business matters as were identified in
the motion convening the closed meeting were heard, discussed, or
considered by the York County Board of Supervisors.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
APPOINTMENTS TO THE YORK COUNTY TRANSPORTATION SAFETY COMMISSION
Mr. Wiggins moved the adoption of proposed Resolution R01-53(R)
that reads:
A RESOLUTION TO APPOINT TWO MEMBERS TO THE YORK COUNTY
TRANSPORTATION SAFETY COMMISSION
WHEREAS, David E. Reubush and Hiram D. Simkins will complete their
respective terms on the York County Transportation Safety Commission on
March 31, 2001; and
WHEREAS, Larry J. Akin has resigned from the Transportation Safety
Commission effective March 1, 2001; and
WHEREAS, both Mr. Reubush and Mr. Simkins wish to be considered
for reappointment;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 3rd day of April, 2001, that the following
individuals be, and they are hereby, appointed to serve on the York
County Transportation Safety Commission for terms to begin and expire as
follows:
David E. Reubush (begin April 1, 2001, and expire March 31,
2004)
Hiram D. Simkins (begin April 1, 2001, and expire March 31,
2004)
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
APPOINTMENT TO THE YORK COUNTY WETLANDS BOARD
Mr. Wiggins moved the adoption of proposed Resolution R01-66 that
reads:
A RESOLUTION TO APPOINT A MEMBER TO THE YORK COUNTY WETLANDS
BOARD
WHEREAS, John R. Sharkey, Jr., resigned from the York County
Wetlands Board on March 8, 2001;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 3rd day of April, 2001, that Bobby C. James be, and
he is hereby, appointed to the York County Wetlands Board for the
remainder of John R. Sharkey's term, such term to expire on June 30,
2005.
On roll call the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
Meeting Adjourned. At 8:47 p.m. Chairman Burgett declared
the meeting adjourned sine die.
_____________________________
_______________________________
James O. McReynolds, Clerk
James S. Burgett, Chairman
York County Board of Supervisors
York County Board of Supervisors
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