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Regular Meeting
May 1, 2001
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board
of Supervisors was called to order at 7:03 p.m., Tuesday, May 1, 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. Pastor J. A. Truckenmiller, Tabb Church of God,
gave the Invocation.
Pledge of Allegiance to the Flag of the United States of
America. Chairman Burgett led the Pledge of Allegiance.
APPOINTMENT OF COUNTY ADMINISTRATOR
Mrs. Noll moved the adoption of proposed Resolution R01-97 that
reads:
A RESOLUTION TO APPOINT A COUNTY ADMINISTRATOR PURSUANT TO
SECTION 15.2-1540 OF THE CODE OF VIRGINIA AND TO CONFER UPON THE
APPOINTEE THE POWERS AND DUTIES PROVIDED BY LAW
WHEREAS, the position of County Administrator was vacated on
January 15, 2001, by the resignation of Daniel M. Stuck; and
WHEREAS, James O. McReynolds has served as Interim County
Administrator since January 15, 2001, assuring continued performance of
the duties provided by law, including especially those set forth in
Section 15.2-1541 of the Code of Virginia as amended, effectively
maintaining order and continuity of administration during the interim
period;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 1st day of May, 2001, that James O. McReynolds be,
and is hereby, appointed to the position of County Administrator for
York County pursuant to Section 15.2-1540 of the Code of Virginia with
such appointment to be effective on May 1, 2001.
BE IT FURTHER RESOLVED that upon assuming the duties as County
Administrator, Mr. McReynolds shall take the oath of office as set forth
in Section 49-1 of the Code of Virginia and shall give bond before the
Clerk of the Circuit Court of York County with surety approved by such
Clerk in the amount of $2,000. The premium for said bond shall be paid
by the Board of Supervisors out of the General Fund.
BE IT STILL FURTHER RESOLVED that upon appointment as County
Administrator of York County, Mr. McReynolds be, and is hereby,
authorized to perform any and all of those duties of the County
Administrator as described in Section 15.2-1541 and other sections of
the Code of Virginia, as amended, and as prescribed in the policies and
ordinances of York County, and otherwise as may be directed by the York
County Board of Supervisors.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
PRESENTATIONS
OUTSTANDING YOUTH AWARDS
Mr. Landon Haywood, Vice Chairman, York County Youth Commission,
read excerpts from Resolutions R01-70, R01-71, R01-72, and R01-73
commending the four Outstanding Youth of the Year for 2001 which were
adopted on April 17, 2001.
Chairman Burgett then presented to each of the following award
recipients a bound and sealed copy of their respective resolutions and
an engraved Jefferson Cup recognizing their achievements:
Brandon Robbins - Outstanding Youth for Community Service
Kimberly Hays - Outstanding Youth for Compassion
Jonathan Duey - Outstanding Youth for Overall Achievement
Donald Lyons - Outstanding Youth for Courage
YORKTOWN FOUNDATION
Ms. Suzi Hightower, President, reviewed some of the activities the
Foundation has been working on during the past year in the areas of
education, preservation, and promotion. She indicated the Foundation
currently has eight board members, and four new nominees are being
considered. She thanked the Board of Supervisors for its support and
help in allowing the Foundation to use part of York Hall as its office
space, and she noted she had provided the Board members with a copy of
the Foundation financial statement for review.
CITIZENS COMMENT PERIOD
Mr. Charles Rossi, President, Tabb Lakes Homes Association,
provided some background information on the Tabb Lakes development,
indicating the Association has spent $8,000 on lake maintenance
annually. One of the lakes has a big problem because it is so shallow.
He indicated the lake was not built correctly, and this has been
discussed with the County for several years now. Last year the
Association invested $11,000 and contracted with professional civil
engineers who conducted a complete survey and inspection of the lakes.
Their report found that the emergency spillway was built 8 ˝ inches too
high which aggravated street flooding, and the County corrected this
problem this year. The engineers also found that Lake II is only 2-4
feet deep and should be 6 feet deep and was also not built correctly.
Mr. Rossi stated the Association understands it has full responsibility
for the lakes, but he asked if York County could help rectify this
problem since it was not originally built correctly.
Mr. Darrell Harris, Treasurer of the Tabb Lakes Homes Association,
stated the Association has paid almost $40,000 in bills for the two
stormwater retention ponds in the development. Tabb Lakes is unique in
that commercial businesses along Route 17 are contributing to the
stormwater runoff to the ponds but are not contributing anything toward
the maintenance costs. He spoke of the dangerous elements which are
feeding into the ponds from the business runoff, and he asked if the
County could remit a part of its stormwater budget to take care of the
Tabb Lakes problem.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett indicated his office would be saying goodbye to this
past year's law clerk who will be graduating from William and Mary Law
School. He stated they would also be welcoming the new law clerk, Adam
Kinsman, who is attending the University of Richmond Law School, and who
also was a former Planner for York County. Mr. Barnett then noted he had
received notification from the Attorney General's Office regarding
redistricting and whether or not there was a need to redistrict before
the November elections. He stated the ruling was more flexible than he
thought in that it indicates the County has the option of going either
way. Timing indicates that the County cannot practically adopt a new
plan prior to November, and he recommended that the Board stick to the
regular schedule and plan to adopt an ordinance after the November
special elections.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds updated the Board on the following:
· Tax Bills: Real property tax bills were mailed this past
Monday, but personal property tax bills have been held. He stated the
region would like to act together on May 11th regarding the percentage.
Under either circumstance, the tax bills should be mailed on May 11. Mr.
McReynolds indicated that both Mrs. Robinson, Treasurer, and Mrs.
Thomas, Commissioner of the Revenue, were present if the Board had any
questions.
· Work Sessions: The Board was provided with a memorandum
suggesting a number of dates for work sessions on topics the Board has
indicated it would like to discuss. The Board was asked to review the
memorandum and let him or Mrs. Simmons know if the dates were
acceptable.
· Joint Meeting with the Industrial Development Authority: The
Board was reminded of its joint meeting with the IDA that would be held
at 6:00 p.m. on May 8 at the Yorktown Library Meeting Room.
· Communications System Upgrade: The item shown on the original
agenda as Unfinished Business has been moved to the Board's May 15
Regular Meeting agenda.
MATTERS PRESENTED BY THE BOARD
Mrs. Noll stated the Board had conducted a very productive meeting
with the Planning Commission last week. She noted she had attended the
Planning Commissioners' Seminar in Richmond where the land use bills
under consideration by the General Assembly during this year's session
were discussed, and she stated York County doesn't have the problems
that some localities have.
Mr. Zaremba informed the Board and public that he would be
conducting a town meeting on May 14 in the Board Room of York Hall at
7:00 p.m. The topic will involve a proper public use of the recently
acquired property on Water Street. He stated he would like to know from
the citizens if they feel a parking lot or other use is appropriate. In
the near future the Board of Supervisors will have to make a decision on
the property's use. Mr. Zaremba stated that during the meeting there
will be a brief overview of the Yorktown Master Plan as well as a public
comment session.
Mr. Wiggins spoke concerning the Colonial Community Criminal
Justice Board which is mandated by the state, and York County has
membership on this regional board along with James City County, Charles
City County, New Kent County, Williamsburg, and Poquoson. He indicated
that the Board has identified problems, with one of the most serious
being the cost of law enforcement. York County has a very low crime rate
with a good law enforcement agency, but the County's problem is not with
York County citizens but with individuals coming in from other
localities committing crimes in York County. Because the crime is
committed in the County, the County must pay for their going through the
criminal justice system. Mr. Wiggins stated the County businesses need
to step up their support of the law enforcement system. He also spoke of
the Criminal Justice Planner position and the need to continue funding
for the position because an important part of the position's function is
to research and apply for grants.
Chairman Burgett stated he had the pleasure of attending the
Hampton Roads Mayors and Chairs Caucus aboard the USS Wisconsin. He
indicated the tour was well worth the drive, and it was an exciting
experience. He also indicated he attending the DARE Festival on Saturday
and had a wonderful time. He stated there are a lot of great activities
going on in the County that are family oriented. Mr. Burgett then spoke
concerning individuals who wish to undertake some sort of project within
the County and are not getting the information on the County's
regulations on whatever it is they wish to do. He stated it is
unfortunate that some of these people do not check out the zoning
regulations first because it costs time and money and puts them and the
staff in a tough spot sometimes, and he encouraged citizens to check
with the County staff before undertaking a project in the County. Mr.
Burgett then stated that on his way to the meeting this evening he
noticed there was fresh graffiti on the old Exxon station at Route 17
and Lakeside Drive. He noted this is an intolerable situation, and the
County staff needs to beef up its enforcement of the County's
ordinances. Lastly, Mr. Burgett noted that the Master Gardeners were
having a plant sale this Saturday from 9:00 a.m. to Noon at the Learning
Garden on Goodwin Neck Road.
Meeting Recessed. At 7:58 p.m. Chairman Burgett declared a short
recess.
Meeting Reconvened. At 8:03 p.m. the meeting was reconvened
in open session by order of the Chair.
PUBLIC HEARINGS
APPLICATION NO. YVA-6-01, HOWARD AND MARION CLAYTON
Mr. J. Mark Carter, Planning and Zoning Manager/Zoning
Administrator, after a brief video, made a presentation on Application
No. YVA-6-01 to authorize the construction of a 2,332 square foot
single-family detached home located at 115 Smith Street within the
Yorktown Village Activity zoning district. The Planning Commission
considered the application and forwarded it to the Board of Supervisors
with a recommendation of approval, and staff recommended approval of the
application through the adoption of proposed Resolution R01-85.
Mrs. Marion Clayton, the applicant, indicated she and her husband
had been very active partners in the community, and they love Yorktown's
history and its people. She stated they were very fortunate to own a lot
next to their home, and they intend to build a maintenance-free home
that is handicap accessible. She indicated she was present to answer any
questions the Board might have concerning the application, and she
displayed for the Board members a sample of the vinyl siding that is
proposed for use on the house.
Chairman Burgett then called to order a public hearing on
Application No. YVA-6-01 which was duly advertised as required by law.
Proposed Resolution R01-85 is entitled:
A RESOLUTION TO APPROVE AN APPLICATION TO CONSTRUCT A
SINGLE-FAMILY DETACHED HOME AT 115 SMITH STREET IN THE VILLAGE OF
YORKTOWN
Mr. George E. Bennett, Jr., 107 Wind Forest Lane, stated he had
purchased the Clayton's home, and he endorsed the Planning Commission
recommendation to approve the subject application.
There being no one else present who wished to speak concerning the
subject application, Chairman Burgett closed the public hearing.
Mr. Ashe stated he had visited the site, and the Clayton's had
been waiting patiently to get this application approved. He spoke about
the placement of the house on the lot, and moved the adoption of amended
proposed Resolution R01-85(R), which reads as follows, to include
emphasis in the resolution that the Claytons work with the County staff
to insure there is a pleasing streetscape visual and is compatible with
the neighboring properties, and authorize a side yard setback of 8 feet
adjacent to the southeastern corner of the structure if that is deemed
necessary by staff and the applicant to insure an appropriate front yard
setback:
A RESOLUTION TO APPROVE AN APPLICATION TO CONSTRUCT A
SINGLE-FAMILY DETACHED HOME AT 115 SMITH STREET IN THE VILLAGE OF
YORKTOWN
WHEREAS, Howard and Marion Clayton have submitted Application No.
YVA-6-01, which is a request to construct a 2,332-square foot
single-family detached home, pursuant to Section 24.1-327(b) of the York
County Zoning Ordinance, on a 0.19-acre parcel located at 115 Smith
Street within the Yorktown Village Activity (YVA) zoning district and
further identified as Assessor's Parcel No. 18A-(1)-66A; and
WHEREAS, said application has been forwarded to the York County
Planning Commission in accordance with applicable procedure; and
WHEREAS, the Planning Commission recommends approval of this
application; and
WHEREAS, the York County Board of Supervisors has conducted a duly
advertised public hearing on this application; and
WHEREAS, the Board has carefully considered the public comments
with respect to this application;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 1st day of May, 2001, that Application YVA-6-01 be,
and it is hereby, approved to authorize construction of a single-family
detached home on a 0.19-acre parcel located at subject to the following
conditions:
1. Building plans shall be submitted to and approved by the York
County Department of Environmental and Development Services, Division of
Building Regulation, prior to the commencement of construction
activities on the subject parcel. Said plans shall be in substantial
conformance with the building plans prepared by Boathouse Creek
Graphics, Inc. and dated February 19, 2001, a copy of which shall be
kept on file in the York County Planning Division.
2. As proposed by the applicant, exterior surfaces shall be white
or have a neutral color that is compatible with the paint colors likely
to have been used in historic Yorktown.
3. Vinyl siding shall be limited to Revere Berkshire™ Beaded
Premium Vinyl Siding or an equivalent type and manufacturer of siding
with an exposure of approximately 6.0 to 6.5 inches and a nominal
thickness of approximately 0.05 inches.
BE IT FURTHER RESOLVED that the applicants be requested to work
with the County staff to insure that the positioning of the dwelling
provides a good and pleasing streetscape and that its setback is
compatible with the adjacent properties. The Board hereby authorizes a
side yard setback of 8 feet adjacent to the southeastern corner of the
structure if that is deemed necessary by staff and the applicant to
insure an appropriate front yard setback.
Mrs. Noll expressed her agreement with Mr. Ashe.
Mr. Zaremba also expressed his agreement, but asked for
clarification.
Mr. Carter stated there is a requirement for a 25-foot setback for
10 feet on each side, and for 20 feet at the rear. The footprint could
be shifted back by 3 feet and still not encroach in the 10 foot required
area.
Mr. Zaremba asked what the purpose was of moving it back 2 feet.
Mr. Ashe stated it would allow movement of up to 5 feet if needed.
It is also to make sure the house is placed to make the streetscape
aesthetically pleasing.
On roll call on Mr. Ashe's motion to adoption proposed Resolution
R01-85(R), the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
SURRENDER ROAD EASEMENT
Mr. Barnett made a presentation on proposed Resolution R01-91 to
authorize the execution of an easement donation deed to convey to the
Department of the Interior an easement over a portion of Surrender Road.
Chairman Burgett then called to order a public hearing on proposed
Resolution R01-91 that is entitled:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE AN
EASEMENT DONATION DEED TO CONVEY TO THE UNITED STATES OF AMERICA,
DEPARTMENT OF THE INTERIOR, AN EASEMENT OVER A PORTION OF SURRENDER
ROAD
There being no one present who wished to speak concerning the
proposed Resolution, Chairman Burgett closed the public hearing.
Mrs. Noll moved the adoption of proposed Resolution R01-91 that
reads:
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE AN
EASEMENT DONATION DEED TO CONVEY TO THE UNITED STATES OF AMERICA,
DEPARTMENT OF THE INTERIOR, AN EASEMENT OVER A PORTION OF SURRENDER
ROAD
WHEREAS, by the adoption of Resolution R94-9 on January 20, 1994,
the Board vacated the right of way known as Surrender Road (State Route
634); and
WHEREAS, by virtue of such abandonment, a portion of such right of
way abuts property having the address of 619 Cook Road, Yorktown; and
WHEREAS, the Board acquired the said parcel by deed dated December
4, 1997, recorded in Deed Book 983, page 271, together with the southern
one-half of the former right of way of Surrender Road as it previously
abutted the property; and
WHEREAS, the Board desires to convey to the United States of
America, Department of the Interior, an easement over such portion of
the former right of way of Surrender Road; and
WHEREAS, this matter has been duly advertised for a public hearing
pursuant to Code of Virginia § 15.2-1800, and following such public
hearing, the Board has determined that the conveyance of the requested
easement is in the public's best interest;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 1st day of May, 2001, that the County Administrator
be, and is hereby authorized, for and on behalf of the Board, to execute
an easement donation deed conveying to the United States of America, on
behalf of the National Park Service, an easement across a portion of
Surrender Road, as such easement is described in the easement donation
deed attached to the County Attorney's memorandum to the Board dated
April 17, 2001, such deed 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)
CONSENT CALENDAR
Mr. Zaremba asked that Item No. 5 be removed from the Consent
Calendar.
Mrs. Noll moved that the Consent Calendar be approved as amended,
Item Nos. 3, 4, 6, and 7, 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. 3. YORKTOWN VILLAGE ACTIVITY DISTRICT ACCESSORY
STRUCTURE APPROVAL-YORKTOWN MASONIC LODGE: Resolution R01-99
A RESOLUTION TO APPROVE THE REQUEST OF THE YORKTOWN MASONIC
LODGE FOR THE PLACEMENT OF AN ACCESSORY STORAGE SHED ON PROPERTY
LOCATED AT 221 BALLARD STREET IN YORKTOWN
WHEREAS, Mr. Jack Adams has submitted an application on behalf of
the Yorktown Masonic Lodge requesting permission to install an accessory
storage shed on property located at 221 Ballard Street in Yorktown; and
WHEREAS, pursuant to Section 24.1-327(b)(3) of the York County
Zoning Ordinance, such requests may be approved by the Board of
Supervisors by resolution; and
WHEREAS, the Board has determined that the location and design of
the proposed shed will be compatible with adjacent properties and
structures;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 1st day of May, 2001, that the request of the
Yorktown Masonic Lodge for the installation of an accessory storage shed
on property located at 221 Ballard Street, to be located and constructed
as described in the County Administrator's report to the Board dated
April 27, 2001, be, and it is hereby, approved.
Item No. 4. APPROVAL OF MINUTES
The minutes of the following meetings of the York County Board of
Supervisors were approved:
March 20, 2001, Regular Meeting
March 22, 2001, Adjourned Meeting
March 27, 2001, Adjourned Meeting
Item No. 6. REIMBURSEMENT FROM BOND PROCEEDS-SCHOOL CAPITAL
PROJECTS: Resolution R01-82
A RESOLUTION OF THE BOARD OF SUPERVISORS OF YORK COUNTY
DECLARING ITS INTENT TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR
MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE
MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF
CERTAIN CAPITAL IMPROVEMENTS FOR SCHOOL PROJECTS
WHEREAS, the County of York, Virginia (the "County") is
a political subdivision organized and existing under the laws of the
Commonwealth of Virginia; and
WHEREAS, the Board of Supervisors of the County (the
"Board") expects to pay or expects that the York County School
Board will pay, after the date hereof, certain expenditures (the
"Expenditures") in connection with the acquisition,
construction, and/or equipping of capital improvements for school
projects (the "Project"); and
WHEREAS, the Board has determined that any moneys previously
advanced no more than sixty (60) days prior to the date hereof, and
those moneys to be advanced on and after the date hereof to pay the
Expenditures, are available only for a temporary period and it is
necessary to reimburse the County or the York County School Board for
the Expenditures from the proceeds of one or more issues of tax-exempt
bonds ("Bonds");
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 1st day of May, 2001, as follows:
Section 1. The Board hereby declares its intent to reimburse
itself or the York County School Board with the proceeds of the Bonds
for the Expenditures with respect to the Project made on and after that
date which is no more than sixty (60) days prior to the date hereof. The
Board reasonably expects on the date hereof that it will reimburse the
Expenditures with the proceeds of the Bonds.
Section 2. The maximum principal amount of the Bonds expected to
be issued for the Project is $8,000,000.
Section 3. The County will make a reimbursement allocation, which
is a written allocation by the County that evidences the County's use of
proceeds of the Bonds to reimburse an Expenditure, no later than
eighteen (18) months after the later of the date on which the
Expenditure is paid or the Project is placed in service or abandoned,
but in no event more than three (3) years after the date on which the
Expenditure itself is paid. The County recognizes that exceptions are
available for certain "preliminary expenditures," costs of
issuance, certain de minimis amounts, expenditures by "small
issuers" (based on the year of issuance and not the year of
expenditure) and expenditures for construction projects of at least five
(5) years.
Section 4. This resolution shall take effect immediately upon its
passage.
Item No. 7. REIMBURSEMENT FROM BOND PROCEEDS-YORKTOWN CAPITAL
IMPROVEMENT PROJECTS: Resolution R01-83
A RESOLUTION OF THE BOARD OF SUPERVISORS OF YORK COUNTY
DECLARING ITS INTENT TO REIMBURSE ITSELF FROM THE PROCEEDS OF ONE OR
MORE TAX-EXEMPT FINANCINGS FOR CERTAIN EXPENDITURES MADE AND/OR TO BE
MADE IN CONNECTION WITH THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF
CERTAIN YORKTOWN CAPITAL IMPROVEMENT PROJECTS
WHEREAS, the County of York, Virginia (the "County") is
a political subdivision organized and existing under the laws of the
Commonwealth of Virginia; and
WHEREAS, the Board of Supervisors of the County (the
"Board") expects to pay after the date hereof, certain
expenditures (the "Expenditures") in connection with the
acquisition, construction, and/or equipping of Yorktown capital
improvement projects (the "Project"); and
WHEREAS, the Board has determined that any moneys previously
advanced no more than sixty (60) days prior to the date hereof, and
those moneys to be advanced on and after the date hereof to pay the
Expenditures, are available only for a temporary period and it is
necessary to reimburse the County for the Expenditures from the proceeds
of one or more issues of tax-exempt bonds ("Bonds");
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 1st day of May, 2001, as follows:
Section 1. The Board hereby declares its intent to reimburse
itself with the proceeds of the Bonds for the Expenditures with respect
to the Project made on and after that date which is no more than sixty
(60) days prior to the date hereof. The Board reasonably expects on the
date hereof that it will reimburse the Expenditures with the proceeds of
the Bonds.
Section 2. The maximum principal amount of the Bonds expected to
be issued for the Project is $8,000,000.
Section 3. The County will make a reimbursement allocation, which
is a written allocation by the County that evidences the County's use of
proceeds of the Bonds to reimburse an Expenditure, no later than
eighteen (18) months after the later of the date on which the
Expenditure is paid or the Project is placed in service or abandoned,
but in no event more than three (3) years after the date on which the
Expenditure itself is paid. The County recognizes that exceptions are
available for certain "preliminary expenditures," costs of
issuance, certain de minimis amounts, expenditures by "small
issuers" (based on the year of issuance and not the year of
expenditure) and expenditures for construction projects of at least five
(5) years.
Section 4. This resolution shall take effect immediately upon its
passage.
Item No. 5. PURCHASE AUTHORIZATION: Proposed Resolution R01-81
(Removed from Consent Calendar)
Mr. Zaremba asked Mr. Hudgins to explain why the sewage pumps were
sole source items.
Mr. John Hudgins, Director of Environmental and Development
Services, explained that they were a subset with a major assembly
already in place with the existing pumps. A pump could be found, but
they are not all made for the same size parts; and it would require some
reconstruction to fit a new pump which would be much more expensive.
Mr. Zaremba then moved the adoption of proposed Resolution R01-81
that reads:
A RESOLUTION TO AUTHORIZE CONSTRUCTION OF THE SEAFORD VACUUM
SEWER EXTENSION PROJECT AND PURCHASE OF SEWAGE PUMPS
WHEREAS, it is the policy of the Board of Supervisors that all
procurements of goods and services by the County involving the
expenditure of $30,000 or more be submitted to the Board for its review
and approval; and
WHEREAS, the County Administrator has determined that the
following procurements are necessary and desirable, that they involve
the expenditure of $30,000 or more, and that all applicable laws,
ordinances, and regulations have been complied with;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 1st day of May, 2001, that the County Administrator
be, and hereby is, authorized to conclude procurement arrangements for
the following:
AMOUNT
Construction of Seaford Vacuum Sewer
Extension
Project
$151,517
Submersible Sewage
Pumps
36,998
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
NEW BUSINESS
AGREEMENT WITH THE NATIONAL PARK SERVICE FOR REVENUE SHARING
PROJECT
Mr. McReynolds made a presentation explaining proposed Resolution
R01-88 to authorize the execution of an agreement with the National Park
Service regarding improvements to the Yorktown Creek area.
Mr. Zaremba asked Mr. Barnett if he had been involved in this
agreement.
Mr. Barnett indicated he saw the agreement and signed off on it
before the item was placed on the Board's agenda for this meeting.
Mrs. Noll then moved the adoption of proposed Resolution R01-88
that reads:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AN
AGREEMENT WITH THE NATIONAL PARK SERVICE REGARDING IMPROVEMENTS TO THE
YORKTOWN CREEK AREA
WHEREAS, the County has applied for funding under the Virginia
Department of Transportation Revenue Sharing Program in FY2001-2002 for
improvements near the Yorktown Creek; and
WHEREAS, some of the improvements planned for the project will be
installed on property currently owned by the National Park Service; and
WHEREAS, it has been determined that, in order to proceed with the
project in a timely manner, a short-term agreement may be entered in to
with the National Park Service allowing the County to construct the
improvements during FY2001-2002; and
WHEREAS, the proposed agreement would terminate after the County
acquires the subject property from the National Park Service;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 1st day of May, 2001, that the County Administrator
be, and he is hereby, authorized to execute a short-term license
agreement with the National Park Service substantially the same as the
draft agreement as attached to the April 18, 2001, memorandum to the
Board of Supervisors from the County Administrator for improvements to
National Park Service Property near Yorktown Creek in Yorktown, such
agreement to be approved as to form by the County Attorney.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
FUNDING TO SUPPORT A PROPOSED MINOR LEAGUE BASEBALL STADIUM
Mr. McReynolds made a presentation on proposed Resolution R01-93
to appropriate funds for the purpose of supporting a minor league
baseball stadium. He explained that the City Manager of Newport News had
sent a request to the Board of Supervisors and the Boards and City
Councils of the neighboring jurisdictions requesting per capita
financial participation to fund the shortage of annual funding in the
amount of $175,000. He indicated this would require an annual
contribution from York County in the amount of $36,000.
Mr. Wiggins noted this could mean an $880,000 responsibility for
York County, and it will not produce any direct economic merit for the
County. He reminded the Board members that several years ago Supervisor
Jere Mills tried to garner support of the York County citizens for a
baseball stadium, and the citizens at that time were against it. He
stated that as bad as the County needs money for drainage and other
things, he could not see obligating the taxpayers for this type of
project.
Mrs. Noll stated the proposed financial contribution worked out to
be $.64 per capita, and that amount would decrease because the
population would go down. She agreed that a baseball stadium would not
provide any direct monetary benefit to the County, but it might bring a
higher quality of life for York County residents and would give
residents more activities to enjoy. She stated she was willing to go
along if the rest of the Board was. The funding would come from the
Tourism Fund and not from taxes paid by the citizens. Mrs. Noll stated
she felt the Board should give the request serious consideration.
Mr. Zaremba agreed that the Board had discussed such a project
before, but the last time there was a major press on the part of most of
the jurisdictions on the Peninsula to convince the citizens that
building a baseball stadium on the Peninsula was a good idea. The
initiative failed, and Mr. Zaremba stated he found it interesting that
York County was being asked by the City Manager of Newport News to make
a $36,000/year commitment when the City Council had not voted on the
subject as yet. He stated that with all the other requirements being
faced by the Board, he would not look favorably at this request.
Mr. Ashe stated he had mixed views in that he saw the value of the
stadium to the region, but he questioned the wisdom of the location when
there was land within a 5-mile radius for less money that would probably
be as conducive to this type of facility. He stated he felt the issue
should be tabled for the time being.
Chairman Burgett stated Newport News was talking about an annual
funding gap, and he felt the Council should have set the amount of money
it had to spend and designed the project to fit that budget. He noted
that all the Board members had made good points, but he did not feel the
project should come with a shortfall.
Discussion followed.
Chairman Burgett indicated he felt Newport News would take the
County's money at any time, and he stated he was ready to vote.
Mr. Zaremba expressed his agreement with Chairman Burgett
regarding the design of the facility being done within an available
budget.
Mr. Zaremba moved the adoption of proposed Resolution R01-93 that
reads:
A RESOLUTION TO APPROPRIATE $36,000 FOR THE PURPOSE OF
SUPPORTING A MINOR LEAGUE BASEBALL STADIUM
WHEREAS, the City of Newport News has conducted a study to
determine the feasibility of locating a minor league baseball stadium on
the Peninsula; and
WHEREAS, while there is significant public support for a baseball
stadium, in order to make such a project economically viable, the City
has requested the annual support of approximately $175,000 from the
other Peninsula jurisdictions; and
WHEREAS, on a per-capita basis the County's share of the requested
regional support is approximately $36,000;
NOW THEREFORE BE IT RESOLVED by the York County Board of
Supervisors this 1st day of May, 2001, that $36,000 be, and is hereby,
appropriated in the Tourism Fund for the purpose of supporting a minor
league baseball stadium.
On roll call the vote was:
Yea: (0)
Nay: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
CLOSED MEETING. At 8:50 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.
On roll call the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Meeting Reconvened. At 9:03 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 1st day of May, 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)
RECOMMENDATION FOR APPOINTMENT TO THE YORK COUNTY BOARD OF
EQUALIZATION
Mr. Wiggins moved the adoption of proposed Resolution R01-77 that
reads:
A RESOLUTION REQUESTING THE JUDGE OF THE CIRCUIT COURT TO
APPOINT TWO MEMBERS TO THE YORK COUNTY BOARD OF EQUALIZATION
WHEREAS, the term of Harry E. Ramsay as a member of the York
County Board of Equalization expired on March 31, 2000; and
WHEREAS, the term of Doris J. Eagle as a member of the York County
Board of Equalization expired on March 31, 2001; and
WHEREAS, neither Mr. Ramsay nor Mrs. Eagle wish to be reappointed
to the Equalization Board;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 1st day of May, 2001, that the Judge of the Circuit
Court be, and he is hereby, requested to appoint the following two
individuals to the York County Board of Equalization of Real Estate
Assessments as provided by Section 58.1-3373 of the Code of Virginia for
terms of three years each, such terms to commence immediately and expire
March 31, 2004:
Paul W. Garman
Jeffrey C. Trimble
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
Meeting Adjourned. At 9:05 p.m. Chairman Burgett declared
the meeting adjourned to 6:00 p.m., Tuesday, May 8, 2001, in the Meeting
Room, Yorktown Library, 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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