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Regular Meeting
October 2, 2001
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board
of Supervisors was called to order at 7:02 p.m., Tuesday, October 2,
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. Ben McFarlane, 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
INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARDS AND COMMISSIONS
Chairman Burgett introduced and welcomed Ms. Joy Ivey as the
newest member appointed to the Colonial Services Board and presented her
with a York County pin and Boards and Commissions Handbook.
YORK COUNTY YOUTH COMMISSION
Mr. Ryan Touhill, Chairman of the York County Youth Commission,
gave the first quarterly report of the Commission for 2001-2002. He
noted the Commission had gotten off to a fast start with a team building
session in August at Hampton Roads Academy. The Commission then had its
orientation at Tabb Library, and he thanked Mrs. Anne Smith, Director of
Community Services, for her presentation on County government. He also
expressed appreciation to Mr. Ashe and Dr. Staples for their encouraging
words during the orientation. Mr. Touhill noted that last year the
bylaws for the Commission had been amended to bring the total number of
members to 15. He stated the Commission feels the increased membership
will bring more insight and ideas to the group in meeting its goals. He
indicated this year's officers are:
Ryan Touhill, Chairman
Tara Smiddy, Vice Chairman
Lindsay Jones, Secretary
He then went on to brief the Board members on the proposed
activities for the Commission during the coming year. He extended the
Commission's best wishes to Mr. Ashe and thanked him for his past
guidance.
Discussion followed regarding the benefits of the Commission's increased
membership.
Mr. Ashe stated it had been a real pleasure working with the Youth
Commission. He stated he was astounded with the things they come up with
and the aggressive schedule they have developed for the upcoming year.
He also noted that York County is very fortunate to have Rick Smethurst,
staff liaison for the Youth Commission, on its staff, for he is a
wonderful role model for these young adults.
At this time Mr. Touhill, on behalf of the Youth Commission,
presented Mr. Ashe with a token of their appreciation.
UPDATE ON COMMUNICATIONS SYSTEM ACQUISITION
Mr. Stephen P. Kopczynski, Fire Chief, indicated that in May of
this year the Board authorized staff to go forward with Phase II of the
communications system with James City County, and he indicated staff has
worked diligently in moving forward since that time. In the June-July
time-frame the competitive bid document was developed to meet the needs
of both localities. On September 5 the Request for Proposals document
was made available, and on September 17 the mandatory preproposal
conference was held with 13 firms represented. He noted that all
proposals are due to the County by close of business on October 12.
Chief Kopczynski noted that at that time all proposals will be reviewed
by the project committee, and a recommendation will be brought to the
Board of Supervisors requesting authorization to contract for services
with a consultant.
Sheriff J. D. Diggs then spoke concerning communication system
performance issues, stating the new system will provide less noise and
interference than the present system. He spoke of the experiences of
other localities who now have the new system, stating any problems they
experienced were due to lack of adequate training on the system rather
than any system failures.
CITIZENS COMMENT PERIOD
No one appeared to speak before the Board of Supervisors at this
time.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett stated that in the Board's work session package for
next week was a copy of a draft legislative program for 2002. He noted
it was rather lengthy, but the Board may not necessarily want to adopt
the entire package. He then stated that tomorrow the Hampton Roads
Planning District Commission (HRPDC) was conducting a meeting of all
legislative liaisons so that the group could share each other's
legislative programs, and HRPDC will select at least three items to
support for 2002.
Chairman Burgett asked Mr. Barnett to update the Board on the
Parking Ordinance.
Mr. Barnett stated that Mr. Carter had been in contact with VDOT
which must approve any parking ordinance the County might adopt having
to do with commercial vehicle parking prohibitions in York County. He
stated he had prepared two different drafts, one that would establish
the prohibition for a whole list of subdivisions and the other naming
only York Crossing in that it has been the community to have the most
complaints. Mr. Barnett asked the Board which of the alternatives it
would prefer to send to VDOT for its review.
Chairman Burgett stated the Board members would review the two
alternatives and provide its guidance at a later time.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds noted a work session was scheduled for October 9.
In addition to the Legislative Program review, a review of the new
personnel/programs for FY 03 will be covered. He also indicated the work
session scheduled for October 23 will include a review on redistricting.
MATTERS PRESENTED BY THE BOARD
Mr. Zaremba spoke of the Historic Triangle tourist industry and
the effects on it since the September 11 tragedy. He noted he had
attended a meeting that morning at which time the president of Colonial
Williamsburg spoke, stating it was very clear that the hotel occupancy
rates were way down as were attendance rates at area attractions. Mr.
Zaremba spoke of the importance of the area doing something collectively
as a region to recover as quickly as possible to insure the economic
stability of the community.
Mrs. Noll stated the Hampton Roads Chamber of Commerce had
spear-headed an effort to promote the area, and noted she felt this was
an excellent job for the Chamber to do. Businessmen should collectively
get together and start this initiative because they have the expertise
in promoting the area. She stated she felt government can play a
supportive role if necessary, but it must be spear-headed by the
business community.
Mr. Zaremba stated the federal government has promised billions of
dollars toward the economic recovery, and the State has done the same.
He stated it did not matter if it was the Chamber of Commerce or the
government, but the leadership of all communities must step up.
Mrs. Noll indicated she attended the Hampton Roads Partnership
retreat last week along with Mr. Wiggins. Transportation became the No.
1 priority along with technology and economic development next. It was
noted that any successful transportation project will benefit the entire
region. Mrs. Noll then indicated she had attended two of the
informational meetings held concerning redistricting, and the turnout
was less than good. She then encouraged those who have not yet
registered to vote to do so because November 6 is Election Day.
Mr. Ashe noted he had heard that 60 conferences had been cancelled
in the Williamsburg area. He stated his major concern was that everyone
needs to starting looking at tightening their belts because the country
could be pulled into a worldwide recession.
Mr. Wiggins noted that he and Mrs. Noll also attended Barbara
Lemons' installation as Pastor of Shiloh Baptist Church this past Sunday
at York High School. Pastor Lemons is the first female pastor of the
church, and he suggested that someone on the Historical Committee might
wish to contact her about the history of the church which was founded in
1863. Mr. Wiggins stated on Sunday he also met with the Friends of the
Library to help with the book sale that raised about $2,500 to purchase
equipment for the library. He then spoke concerning the turmoil the
country has been in for the past three weeks since the terrorist
attacks, and explained that a blood drive at the Caritas Center was
being planned by the business community. He spoke of the recession,
stating he felt there had not been two quarters of negative growth, and
now was the time to expand businesses and take advantage of the low
interest rates. He also encouraged the staff to help business people and
encourage expansion of businesses in York County. Mr. Wiggins stated the
people need to have a positive attitude, go back to work, and get their
lives back on track.
Chairman Burgett indicated he had attended the Peninsula Mayors
and Chairs and the Hampton Roads Mayors and Chairs meetings. The primary
topic was a request that the state rebate some of the income taxes, and
he noted this idea was being actively pursued. He stated the Board
needed to address the Drainage Committee and how the committee would be
used. Chairman Burgett noted that last year sometime he saw a sign being
prepared for the Tabb Library, and he asked that the Board members take
a look at it so that it can be approved and erected at the library. He
also suggested that a monument sign be considered for the street side of
the library. Chairman Burgett then noted that the road at the landfill
needs to be repaired as well as the drainage problem looked at. He then
apprised the Board members and the public that scheduled for this coming
Thursday at 2:00 p.m. was the groundbreaking ceremony for the new YMCA
community Center, and he encouraged everyone to come out and support the
new center. Lastly, Chairman Burgett proposed that the Board consider
putting some type of flag pole display of the American, State, and
County flags at the intersection of Route 17 and Victory Boulevard.
Meeting Recessed. At 7:55 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
CENTRALIZED PURCHASING POLICY AMENDMENTS
Mr. McReynolds explained that annually staff reviews the
purchasing policy to see if any changes are needed to simplify and
clarify or to meet State changes. He noted that only two changes were
found to be necessary this year:
1) Increase the limit at which the Purchasing Agent may sign
Purchase Orders from $3,500 to $5,000.
2) Increase the limit for change orders from $20,000 or 10 percent
to $30,000 or 10 percent of the original contract amount, whichever is
greater, without having to be brought back to the Board of Supervisors.
The amendment also includes resetting the "contract amount"
and not bringing the change orders back until they reach the $30,000 or
10 percent limit.
Mr. McReynolds noted that when the ordinance was originally
submitted to the Board, staff was under the impression that it had the
latest information on the State's proposals for change. The State has
since forwarded another version, and there are now some inconsistencies.
Mr. Barnett reviewed the changes made by the State with the major
change being the effects of a reorganization to Title 2.1 of the Code of
Virginia. In order for staff to insure that all the amendments were
correct, Mr. Barnett suggested that the Board hold the public hearing at
this time, but table consideration until the October 16 Regular Meeting.
Chairman Burgett then called to order a public hearing on proposed
Ordinance No. 01-19(R) that was duly advertised as required by law and
entitled:
AN ORDINANCE TO AMEND THE CENTRALIZED PURCHASING POLICY FOR YORK
COUNTY
There being no one present who wished to speak concerning the
subject ordinance, Chairman Burgett closed the public hearing.
Mrs. Noll moved that proposed Ordinance No. 01-19(R) be tabled
until October 16, 2001.
On roll call, the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
ACCEPTANCE OF GRANT FUNDS
Mr. McReynolds explained the purpose of proposed Resolution
R01-167 to accept and appropriate grant funds received from the Bureau
of Justice Assistance, US Department of Justice, and the requirement to
hold a public hearing on the grant funds. He explained the proposed use
for the funds was to purchase equipment to be used by the Sheriff's
Office.
Chairman Burgett then called to order a public hearing on proposed
Resolution R01-167 which was duly advertised as required by law and
entitled:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ACCEPT A
GRANT AWARD TO YORK COUNTY BY THE FEDERAL BUREAU OF JUSTICE
ASSISTANCE, AND APPROPRIATING THE SAME, FOR THE PURCHASE OF EQUIPMENT
TO BE USED FOR CRIMINAL APPREHENSION, CRIME PREVENTION AND SOLVING,
AND SECURITY AND SAFETY ENHANCEMENT PROJECTS
There being no one present who wished to speak concerning the
subject ordinance, Chairman Burgett closed the public hearing.
A brief discussion was held concerning the equipment to be
purchased with the grant funds.
Mrs. Noll then moved the adoption of proposed Resolution R01-167
that reads:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ACCEPT A
GRANT AWARD TO YORK COUNTY BY THE FEDERAL BUREAU OF JUSTICE
ASSISTANCE, AND APPROPRIATING THE SAME, FOR THE PURCHASE OF EQUIPMENT
TO BE USED FOR CRIMINAL APPREHENSION, CRIME PREVENTION AND SOLVING,
AND SECURITY AND SAFETY ENHANCEMENT PROJECTS
WHEREAS, the Federal Bureau of Justice Assistance has awarded York
County a grant in the amount of $58,859 in federal funds under the Local
Law Enforcement Block Grant Program, subject to a requirement for a 10%
local match in the amount of $6,540; and
WHEREAS, funding exists in the Sheriff's current operating budget
to provide the required 10 percent match of $6,540; and
WHEREAS, the grant will be used to purchase equipment to be used
for criminal apprehension, crime prevention and solving, and security
and safety enhancement projects;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 2nd day of October, 2001, that the County
Administrator be, and hereby is, authorized to accept the grant awarded
by the Bureau of Justice Assistance.
BE IT FURTHER RESOLVED that an additional $58,859 be, and hereby
is, appropriated in the General Fund for the purchase of software
enhancements to the Sheriff's Office criminal records management system
and additional computer hardware and other law enforcement equipment.
On roll call, the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
APPLICATION NO. UP-581-01, SUSAN B. TOWLER
Mr. J. Mark Carter, Planning and Zoning Manager, made a
presentation, with a video showing the proposed site, on Application No.
UP-581-01 requesting approval for a use permit authorizing a tax
preparation service as a home occupation within a single-family detached
dwelling located at 209 Hornsbyville Road. 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 R01-172.
Chairman Burgett called to order a public hearing on Application
No. UP-581-01 which was duly advertised as required by law. Proposed
Resolution R01-172 is entitled:
A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE A TAX
PREPARATION SERVICE AS A HOME OCCUPATION AT 209 HORNSBYVILLE ROAD
There being no one present who wished to speak concerning the
subject application, Chairman Burgett closed the public hearing.
Mr. Zaremba moved the adoption of proposed Resolution R01-172 that
reads:
A RESOLUTION TO APPROVE A SPECIAL USE PERMIT TO AUTHORIZE A TAX
PREPARATION SERVICE AS A HOME OCCUPATION AT 209 HORNSBYVILLE ROAD
WHEREAS, Susan B. Towler has submitted Application No. UP-581-01
to request a special use permit, pursuant to Section 24.1-283(b) of the
York County Zoning Ordinance, to authorize a tax preparation service as
a home occupation within a single-family detached dwelling on property
located at 209 Hornsbyville Road and further identified as Assessor's
Parcel No.24G-(2)-M; 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 given careful consideration to the public
comments with respect to this application;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 2nd day of October, 2001, that Application No.
UP-581-01 be, and it hereby is, approved subject to the following
conditions:
1. This use permit shall authorize the establishment of a tax
preparation service as a home occupation within a single-family detached
dwelling on property located at 209 Hornsbyville Road and further
identified as Assessor's Parcel No. 24G-(2)-M.
2. The conduct of such home occupation shall be limited to an area
within the existing home not to exceed 150 square feet.
3. The home occupation shall be conducted in accordance with the
provisions of Sections 24.1-281 and 24.1-283(b) of the York County
Zoning Ordinance, except as modified herein.
4. No persons other than individuals residing on the premises
shall be engaged on the premises in the home occupation.
5. The days and hours of operation shall be limited to Monday
through Saturday, from 9:00 AM to 6:00 PM from January 15 to April 15.
The days and hours of operation shall be limited to Monday through
Friday from 9:00 AM to 2:00 PM from April 16 to January 14.
6. No more than one (1) client at any one time shall be served
within the applicant's home. No more than three (3) clients shall be
served per day.
7. Retail sales on the premises shall not be permitted.
8. No signs or other forms of on-premises advertisement or
business identification visible from outside the home shall be
permitted.
9. In accordance with the Zoning Ordinance, at least one (1)
off-street parking space shall be provided on the premises to
accommodate clients. This space shall be in addition to the two (2)
spaces that are otherwise required for the single-family residence.
10. Not withstanding the provisions of Section 24.1-283(g) of the
Zoning Ordinance, this use permit shall be subject to the use permit
limits set forth in Section 24.1-115(c)(2).
11. In accordance with Section 24.1-115(b)(7) of the York County
Zoning Ordinance, a certified copy of the resolution authorizing this
special use permit shall be recorded at the expense of the applicant in
the name of the property owner as grantor in the office of the Clerk of
the Circuit Court.
On roll call, the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
UNFINISHED BUSINESS
DELINQUENT PARKING CITATIONS
Mr. Barnett made a presentation concerning the cost of sending
registered mail notices versus less costly alternatives. He indicated
the County's ordinance had been changed to require the notices be sent
by Certified Mail which costs much less. He stated the Treasurer has
indicated that the County could send two notices, the first one by
regular mail; but he did not feel this needed to be included in the
County's ordinance because there was nothing to prevent the Treasurer
from sending an initial letter if she so chooses.
Mr. Wiggins addressed County Treasurer Debbie Robinson, asking her
how many times did a notice have to be sent before payment was normally
made.
Mrs. Deborah Robinson, York County Treasurer, stated the majority
are paid when issued. After that, she stated she believed the first
notice going out should be sent by regular mail.
Mrs. Noll then moved the adoption of proposed Ordinance No.
01-17(R) that reads:
AN ORDINANCE TO AMEND SECTION 15-44 OF CHAPTER 15, YORK COUNTY
CODE, MOTOR VEHICLES AND TRAFFIC, RELATIVE TO THE PROCEDURE FOR
ISSUANCE OF SUMMONSES FOR DELINQUENT PARKING CITATIONS
BE IT ORDAINED by the York County Board of Supervisors this the
2nd day of October, 2001, that section 15-44, York County Code, be and
it is hereby amended as follows:
Sec. 15-44. Procedure of delinquent parking citations.
(a) The treasurer shall cause a complaint or summons to be issued
for delinquent parking citations.
(b) Notwithstanding the provisions of subsection (a) above, before
any summons shall issue for the prosecution of a violation of this Code
or other ordinance of the county regulating parking, the violator shall
have been first notified by certified mail at his last known address or
at the address shown for such violator on the records of the state
Department of Motor Vehicles, that he may pay the fine provided by law
for such violation, within five (5) days of receipt of such notice, and
the officer issuing such summons shall be notified that the violator has
failed to pay such fine within such time. The notice to the violator
required by the provisions of this section shall be contained in an
envelope bearing the words "Law Enforcement Notice" stamped or
printed on the face thereof in fourteen point or larger type.
On roll call, the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
CONSENT CALENDAR
Mr. Zaremba moved that the Consent Calendar be approved as
submitted, Item Nos. 5 and 6, respectively.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 5. APPROVAL OF MINUTES
The Board approved the minutes of the following meetings of the
York County Board of Supervisors:
September 4, 2001, Regular Meeting
Item No. 6. CONTRACT FOR ELECTRIC SERVICE WITH VIRGINIA ELECTRIC
AND POWER COMPANY: Resolution R01-168
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
VIRGINIA ELECTRIC AND POWER COMPANY FOR THE PROVISION OF ELECTRIC
SERVICE
WHEREAS, the County's current electric service agreement with
Virginia Electric and Power Company has expired, necessitating the
renegotiation of the agreement; and
WHEREAS, on behalf of their member local governments, the Virginia
Municipal League and the Virginia Association of Counties have
negotiated a revised electric service agreement which this Board finds
acceptable and beneficial to the County;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 2nd day of October, 2001, that the County
Administrator is authorized to execute that certain "Agreement for
the Provision of Electric Service to Municipalities and Counties of the
Commonwealth of Virginia from Virginia Electric and Power Company,"
dated as of August 8, 2001, such agreement to be approved as to form by
the County Attorney.
NEW BUSINESS
AMENDMENTS TO PERSONNEL POLICIES AND PROCEDURES
Mr. McReynolds made a presentation on proposed Resolution R01-176
to amend and readopt as County policy the Personnel Policies and
Procedures Manual to become effective October 1, 2001. He noted that
staff also reviews the manual on an annual basis, and the only
recommended changes this year are to conform with those changes made to
the state code or to clarify and simplify the manual.
Mrs. Noll then moved the adoption of proposed Resolution R01-176
that reads:
A RESOLUTION TO AMEND AND READOPT AS COUNTY POLICY THE PERSONNEL
POLICIES AND PROCEDURES MANUAL TO BECOME EFFECTIVE OCTOBER 1, 2001
WHEREAS, it is the desire of the Board of Supervisors to
consolidate and structure all formal personnel policies within the
County into a single document subject to the annual review and approval
of the Board of Supervisors; and
WHEREAS, the Board has caused such Personnel Policies and
Procedures Manual to be developed and submitted for its consideration;
and
WHEREAS, the Personnel Policies and Procedures Manual was approved
and adopted by the Board by Resolution No. R91-287 on December 19, 1991,
and the Board has subsequently reviewed and amended this Manual on an
annual basis; and
WHEREAS, in accordance with County policy, staff has completed the
required annual review of the Personnel Policies and Procedures Manual
for the current year and the County Administrator has submitted certain
revisions and changes to the Manual for consideration by the Board which
are incorporated into a revised manual dated October 1, 2001;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 2nd day of October, 2001, that the document
identified as the York County Personnel Policies and Procedures Manual
be adopted by the Board with an effective date of October 1, 2001.
On roll call, the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
APPROPRIATIONS FOR CARRYFORWARD FUNDS AND UNOBLIGATED COUNTY FUND
BALANCES
Mr. McReynolds made a presentation explaining the purpose of
proposed Resolution R01-165 to appropriate funds for the purpose of
liquidating outstanding purchase orders and the completion of capital
and special projects from Fiscal Year 2001, and proposed Resolution
R01-166 to appropriate the General Fund Fiscal Year 2001 Unobligated
Fund Balance to the Capital Fund.
Mr. Zaremba asked Mr. McReynolds to explain what the Board was
being asked to do. He stated there were four pages of expenditures, and
some were very substantial. The amount to be carried over is $16
million.
Mr. McReynolds explained that each spring the Board adopts a
resolution for the appropriation of spending for the Fiscal Year from
July 1 through June 30. On June 30 the appropriation lapses, and
spending authority ceases. A number of goods/services have been ordered
that have not yet been received; and when they are received, authority
is needed to spend funds to pay the bills. Also, there are a number of
on-going projects which need to be moved into the next fiscal year in
order to continue or complete them. Mr. McReynolds stated the action is
a reauthorization for the projects that have been approved in a prior
year budget.
Mr. Zaremba asked Mr. McReynolds to explain the relationship
between the two proposed resolutions before the Board at this time.
Mr. McReynolds stated that each fiscal year estimates are made by
staff in the budget for what the expenditures and revenues will be. This
past year there was an overage of revenues of $2.1 million. Because the
revenues are nonrecurring revenues, staff recommended that those amounts
be transferred to the Capital Fund to be used on capital projects. He
noted that the overage represents a 1.3 percent difference from actual
to budget, or the staff estimates were off by about 1.3 percent.
Mr. Zaremba asked Mr. McReynolds to explain the last paragraph of
the memorandum that indicates the County maintains an 18 percent
undesignated fund balance.
Mr. McReynolds stated that in order to facilitate on-going public
operations and reserve funds to take care of unanticipated things, it is
recommended that the County keep about a two-month reserve on hand to
take care of those unanticipated expenditures.
Mr. Zaremba stated it made good sense that an 18 percent fund
balance be maintained in that the County is sound with respect to its
financial condition.
Mr. McReynolds indicated that the bond rating agencies also look
at the undesignated fund balance, and this is why the County has a high
rating.
Chairman Burgett asked what the County's undesignated fund balance
was at present.
Mr. McReynolds indicated it was approximately $18 million.
Mr. Wiggins moved the adoption of proposed Resolution R01-165 that
reads:
A RESOLUTION TO APPROPRIATE FUNDS FOR THE PURPOSE OF LIQUIDATING
OUTSTANDING PURCHASE ORDERS AND FOR THE COMPLETION OF CAPITAL AND
SPECIAL PROJECTS FROM FISCAL YEAR 2001
WHEREAS, sufficient funds were available but were not expended to
liquidate firm obligations of the County of York as evidenced by
encumbered valid purchase transactions; and
WHEREAS, it is the intention of the York County Board of
Supervisors to continue the financing of certain capital and special
projects which were funded in prior fiscal years and which funds are not
expended;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors
this the 2nd day of October, 2001, that monies be, and are hereby,
appropriated for Fiscal Year 2002 in the funds indicated for the
following amounts for the purpose of liquidating encumbered purchase
transactions as of June 30, 2001.
Fund
Amount
8 - Tourism
Fund
$ 223,187
11 - County Carryover
Fund
574,680
21 - Solid Waste
Fund
2,515
25 - Sewer Utility
Fund
143,283
26 - Stormwater Maintenance
Fund
39,139
44 - Yorktown Waterfront
Fund
496
51 - Children's Services / Head Start
Fund
6,700
53 - School Food Service
Fund
2,309
54 - School Carryover
Fund
2,358,472
70 - School Construction
Fund
1,617,996
74 - Water & Sewer Extension
Fund
3,903,945
78 - Yorktown Capital Improvements
Fund
252,467
79 - Capital
Fund
120,953
BE IT FURTHER RESOLVED that the following monies be, and are
hereby, appropriated for Fiscal Year 2002 in the indicated funds for the
purpose of continuing capital and special projects:
Fund
Amount
8 - Tourism
Fund
$ 638,008
11 - County Carryover
Fund
3,178,068
13 - Virginia Public Assistance
Fund
14,622
21 - Solid Waste
Fund
100,000
25 - Sewer Utility
Fund
1,022,125
26 - Stormwater Maintenance
Fund
1,264,567
51 - Children's Services / HeadStart
Fund
1,617
54 - School Carryover
Fund
21,996
70 - School Construction
Fund
1,476,782
74 - Water & Sewer Extension
Fund
5,201,718
78 - Yorktown Capital Improvements
Fund
1,274,625
79 - Capital
Fund
2,139,003
On roll call, the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
Mr. Wiggins then moved the adoption of proposed Resolution R01-166
that reads:
A RESOLUTION TO APPROPRIATE THE GENERAL FUND FISCAL YEAR 2001
UNOBLIGATED FUND BALANCE TO THE CAPITAL FUND
WHEREAS, the unobligated fund balance from fiscal year 2001
operations is $2,072,883, and these funds do not represent recurring
revenue and should be used for future capital expenditures;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors
this the 2nd day of October, 2001 that $2,072,883 be, and hereby is,
appropriated in the General Fund for the transfer to the Capital Fund to
be used for future capital expenditures.
On roll call, the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
ISSUANCE OF LEASE REVENUE REFUNDING BONDS
Mr. McReynolds made a presentation on proposed Resolution R01-171
to request the Industrial Development Authority of York County to issue
its lease revenue refunding bonds, Series 2001.
Mrs. Noll moved the adoption of proposed Resolution R01-171 that
reads:
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF YORK,
VIRGINIA REQUESTING THE INDUSTRIAL DEVELOPMENT AUTHORITY OF YORK COUNTY,
VIRGINIA TO ISSUE ITS LEASE REVENUE REFUNDING BONDS (YORK COUNTY
PROJECT), SERIES 2001
WHEREAS, the Board of Supervisors of the County of York, Virginia
("County") has determined that it is necessary and advisable
to refund the outstanding maturities of the County's $2,750,000
Certificates of Participation, Series 1990 (the "1990
Obligations") and $2,400,000 Certificates of Participation, Series
1992 (the "1992 Obligations" and, together with the 1990
Obligations, the "Refunded Obligations") through lease revenue
bonds ("Bonds") to be issued by the Industrial Development
Authority of York County, Virginia ("Authority"). The Refunded
Obligations were issued to finance the costs of acquiring, constructing
and equipping various County facilities (the "Project"). The
County will lease the Project to the Authority pursuant to a lease
("Lease") and will lease the Project back from the Authority
pursuant to a Financing Lease. The Bonds will be payable solely from the
revenues derived from the Financing Lease from the Authority to the
County ("Financing Lease") pursuant to which the County will
agree to make rental payments, subject to annual appropriation,
sufficient to pay the principal of and interest on the Bonds; and
WHEREAS, the Bonds will be issued pursuant to the following documents: (i)
an Indenture of Trust between the Authority and a trustee to be selected
by the County Administrator ("Trustee"), with the form of the
Bonds attached thereto; (ii) the Lease; (iii) the Financing Lease; (iv)
a Leasehold Deed of Trust from the Authority to the individual trustees
named therein; (v) an Assignment of Rents and Leases between the
Authority and the Trustee; (vi) a Preliminary Official Statement
("Preliminary Official Statement") and an Official Statement
("Official Statement") with respect to the issuance and sale
of the Bonds; and (vii) a Bond Purchase Agreement ("Bond Purchase
Agreement") among the County, the Authority and BB&T Capital
Markes, a division of Scott & Stringfellow, Inc.
("Underwriter"). All of the documents listed above, except the
Bonds, the Preliminary Official Statement and the Official Statement are
referred to in this Resolution as the "Basic Documents";
NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors
this the 2nd day of October, 2001:
Issuance of Bonds. The County requests the Authority to issue its Bonds
in the maximum amount of $3,800,000 to be paid from revenues derived
from payments made by the County pursuant to the Financing Lease.
Authorization of Basic Documents. The Bonds and the Basic Documents are
approved in substantially the forms on file with the County
Administrator, with such changes, insertions or omissions (including,
without limitation, changes of the dates thereof) as may be approved by
the Chairman of the Board of Supervisors or the County Administrator,
whose approval shall be evidenced conclusively by the execution and
delivery of the Basic Documents to which the County is a party. The
execution and delivery of and performance by the County under the Bonds
and the Basic Documents to which it is a party are authorized.
Execution of Documents. The Chairman and Vice Chairman of the Board of
Supervisors and the County Administrator, or any of them, are authorized
to execute on behalf of the County the Basic Documents to which the
County is a party, and, if required, the County Administrator is
authorized and directed to affix or to cause to be affixed the seal of
the County to the Basic Documents and to attest such seal. Such officers
or their designees are authorized to execute and deliver on behalf of
the County such instruments, documents or certificates, and to do and
perform such things and acts, as they shall deem necessary or
appropriate to carry out the transactions authorized by this Resolution
or contemplated by the Basic Documents; and all of the foregoing,
previously done or performed by such officers or agents of the County,
are in all respects approved, ratified and confirmed.
Sale of Bonds. The County Administrator and the Chairman of the Board of
Supervisors or either of them, is authorized and directed to consent to
the terms of the sale of the Bonds by the Authority to the Underwriter
and to execute and deliver the Bond Purchase Agreement, provided that (i)
the true interest cost of the Bonds shall not exceed 6.5%, (ii) the
aggregate principal amount of the Bonds shall not exceed the amount set
forth in paragraph 1, (iii) the sale price of the Bonds to the
Underwriter shall not be less than 97% of the aggregate principal amount
thereof (not taking into account any original issue discount) and (iv)
the final maturity of the Bonds shall not be later than 15 years from
their date. The approval of such officers shall be evidenced
conclusively by the execution and delivery of the Bond Purchase
Agreement.
Disclosure Documents. The County Administrator and the Director of
Finance, or either of them, and such officers and agents of the County
as either of them may designate are hereby authorized and directed to
prepare, execute, if required, and deliver an appropriate preliminary
official statement and official statement or such other offering or
disclosure documents as may be necessary to expedite the sale of the
Bonds. The preliminary official statement, official statement or other
documents shall be published in such publications and distributed in
such manner, including by electronic distribution, and at such times as
the County Administrator, or such officers and agents of the County as
he may designate, shall determine. The County Administrator is
authorized to deem the preliminary official statement "final"
for purposes of Securities and Exchange Commission Rule 15c2-12.
Nature of Obligations. Nothing in this Resolution, the Bonds or the
Basic Documents shall constitute a debt of the County and the Authority
shall not be obligated to make any payments under the Bonds or the Basic
Documents except from payments made by or on behalf of the County under
the Financing Lease. The County Administrator is directed to submit for
each fiscal year a request to the Board of Supervisors for an
appropriation to the Authority for an amount equal to the rental
payments coming due under the Financing Lease for the next fiscal year.
The County's obligations to make payments to the Authority pursuant to
this Resolution shall be subject to and dependent upon annual
appropriations being made from time to time by the Board of Supervisors
for such purpose. Nothing in this Resolution, the Bonds or the Financing
Lease shall constitute a pledge of the full faith and credit of the
County.
Designation for Purchase by Financial Institutions. The County requests
the Authority to designate the Bonds as "qualified tax-exempt
obligations" eligible for the exception from the disallowance of
the deduction of interest by financial institutions allocable to the
cost of carrying tax-exempt obligations in accordance with the
provisions of Section 265(b)(3) of the Internal Revenue Code of 1986, as
amended (the "Code"). The County does not reasonably
anticipate that it and any "subordinate entities" will issue
more than $10,000,000 in tax-exempt obligations during calendar year
2001 and the County will not designate more than $10,000,000 of
qualified tax-exempt obligations pursuant to such Section 265(b)(3) in
calendar year 2001. In accordance with Sections 265(b)(3)(C) and (D) of
the Code, the Bonds are not expected to count toward the $10,000,000
limitation.
Refunding. The County Administrator and the Chairman of the Board of
Supervisors, or either of them is authorized and directed to provide for
the Refunded Obligations to be called for redemption and to provide for
their refunding.
Effective Date. This Resolution shall take effect immediately.
On roll call, the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
MEMBERSHIP FEE SUBSIDY PROGRAM
Mrs. Anne B. Smith, Director of the Department of Community
Services, made a presentation on proposed Resolution R01-164 to approve
Board Policy BP01-20 to establish a membership subsidy for York County
in the James City County-Williamsburg Community Center and the James
River Community Center, and providing an overview of the subsidy program
and process. She explained the facilities provided by both community
centers.
Mr. Wiggins stated he felt it was an excellent show of regionalism
which helps everyone concerned. He applauded Mr. Zaremba for his work in
getting this subsidy.
Chairman Burgett and Mrs. Noll agreed that it was a very good
plan.
Mrs. Noll then moved the adoption of proposed Resolution R01-164
that reads:
A RESOLUTION TO APPROVE BOARD POLICY BP01-20 TO ESTABLISH A
MEMBERSHIP SUBSIDY FOR YORK COUNTY IN THE JAMES CITY COUNTY-WILLIAMSBURG
COMMUNITY CENTER AND THE JAMES RIVER COMMUNITY CENTER AND PROVIDE THE
NECESSARY FUNDING FOR THIS PURPOSE
WHEREAS, the York County Board of Supervisors adopted Resolution
R99-232(R) on December 15, 1999, which authorized execution of an
Agreement between the County of York and the Peninsula Metropolitan YMCA
for the development of a community center on County-owned property in
the Tabb area; and
WHEREAS, Resolution R99-232(R) also directed staff to develop a
subsidy program so that County residents are able to secure memberships
to the James City County-Williamsburg Community Center at a rate that is
comparable to that paid by James City County residents; and
WHEREAS, this subsidy program was to begin concurrently with the
beginning of construction of the YMCA; and
WHEREAS, the Board of Supervisors recognizes that it may be more
convenient for some County residents to utilize the James River
Community Center, where membership rates are less expensive than the
James City County-Williamsburg Community Center, and agrees to subsidize
membership rates to either one or the other of these two facilities;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 2nd day of October, 2001, that the subsidy program
outlined in Board Policy BP01-20 be, and it is hereby, approved and is
to be effective beginning November 1, 2001.
BE IT FURTHER RESOLVED that funds not to exceed $75,000 are
approved from the Contingency Reserve for the purposes of subsidizing
these membership fees for Fiscal Year 2002.
On roll call, the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
YORK COUNTY HISTORICAL MUSEUM
Mr. McReynolds explained the purpose of proposed Resolution
R01-179 to establish a York County Historical Museum, noting that the
York County Historical Committee had been working for some time to find
a home for the museum.
Mrs. Smith briefed the Board on the Cook Road property that was
proposed for the museum. She recommended that the Historical Committee
continue its current role but that an independent and separate operating
entity be established to receive and spend donations to the museum. She
stated bylaws and articles of incorporation had been prepared for the
Board's consideration. A provisional operations board consisting of
Bonnie Karwac, Lillian Smith, and Delma Bristow has been established.
Mrs. Smith stated the Board was also being asked to authorize
development of a lease agreement between the County and operations
board, with the County to maintain the structure of the building and the
museum board being responsible for the internal building, exhibits,
casements for exhibits, etc. She noted that currently the building on
the property was being leased by a private tenant, and staff felt it was
appropriate to give that tenant until March 1, 2002, to vacate the
property. She then explained the proposed use of the requested Tourism
Funds for this project.
Mrs. Noll stated she was thrilled to see the museum finally
getting off the ground, and the proposal was a very good one.
Mr. Zaremba noted he felt the property on Cook Road was purchased
with the expansion of the York High School athletic fields in mind.
Mrs. Smith stated the master planning of the site called for other
possible uses in conjunction with the addition of athletic fields. There
will be adequate room to add a number of fields to the site behind the
building and adjacent to the school.
Mr. Zaremba asked what the School Division's position was on this
initiative.
Mrs. Smith stated the schools were approached regarding a
collaboration with the museum on an addition to the school curriculum.
The School Division has worked this in, and the students are already
working with the Historical Committee on the Chischiak project and this
enterprise. The County/Schools Facility Coordination Team has been aware
of the possibility of the Board of Supervisors considering this proposal
for several months. She stated that on a staff level, the schools were
comfortable with the proposal and feel it is a good collaboration.
Mr. Zaremba asked if there had been coordination with the School
Board.
Mrs. Smith stated there had not been any coordination with the
School Board in that staff was awaiting the Board of Supervisors'
pleasure regarding the proposal.
Mr. Zaremba noted one of his concerns dealt with the ability of
the Historical Committee to run a museum full time, and he asked if the
County would be asked to hire employees to make it work.
Mrs. Bonnie Karwac, Chairman of the Historical Committee and a
member of the Provisional Board, stated the Committee anticipates being
able to staff the museum with volunteers and pursue some grants in the
future to help with staffing. She stated they have been currently
working off the grant the County matched with the Yorktown Foundation on
the Chischiak artifacts project.
Discussion followed on the Historical Committee's yearly budget,
the lease for the museum at $1 per year, and the County paying for the
museum's utility expenses.
Mr. Ashe asked if there would be an admission charge to the
museum.
Mrs. Smith indicated that was a detail that had not yet been
worked out. She stated it might be a possibility that evolves over time,
but initially the desire was to have an attractive set of exhibits that
a lot of people will visit. She indicated that many such museums have a
donation box, and this might be the York County museum's course of
action rather than an admission charge to start out.
Mr. Ashe stated his concern was that the museum would be open only
when there were volunteers to man it. He indicated that if the museum
was to work, it had to have a set of hours that could be advertised.
Chairman Burgett indicated the Watermen's Museum runs completely
on volunteer staff, and it did not have a problem.
Mr. Zaremba noted the County was in the middle of a major
revitalization investment in Yorktown, and this museum proposal fits in
the equation to provide another good attraction to visit in Yorktown. He
asked that the proposal be coordinated with the School Board to give its
members the opportunity to support it. He stated the Board of
Supervisors wishes the Historical Committee all the best for much
success in this endeavor and in making York County a more attractive
place to live and visit.
Chairman Burgett noted, as had Mrs. Noll, that the museum has been
a long time coming. The Historical Committee members have worked long
and hard on this project, and the Board was very pleased. The County's
residents will be very fortunate in having this new facility.
Mr. Wiggins then moved the adoption of proposed Resolution R01-179
that reads:
A RESOLUTION TO ESTABLISH A YORK COUNTY HISTORICAL MUSEUM
WHEREAS, the York County Historical Committee has long planned a
Museum for the County, and the Board of Supervisors desires to support
such an effort; and
WHEREAS, County staff have worked with the Historical Committee to
design an appropriate organizational structure, and such documents as
proposed Bylaws, Articles of Incorporation, and a provisional Board, all
necessary to establish and operate a Museum, have been prepared; and
WHEREAS, a location and structure, owned by the County and
suitable for such a Museum, has been identified, and resources
sufficient and appropriate for necessary repairs and upgrades to the
structure are available from the tourism-designated lodging tax
revenues;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 2nd day of October, that the Organizational
Structure and Bylaws for a York County Historical Museum be, and are
hereby, endorsed by the Board of Supervisors, and that the County
Attorney is directed to submit the Articles of Incorporation as proposed
to the State Corporation Commission.
BE IT FURTHER RESOLVED that County Administrator be, and he hereby
is, authorized to negotiate a lease agreement between the County of York
and the newly established Museum Board of Directors for occupancy of the
County-owned property referred to as the "Mapp House" and
certain of the grounds for use as an Historical Museum, and that the
County's tenant be advised of the County's intent to issue a notice to
vacate the premises by March 1, 2002.
BE IT STILL FURTHER RESOLVED that funds not to exceed $30,000 are
approved from County Tourism Funds to be used for the purpose of such
repairs and upgrades on this property as are necessary to ready the
facility for use as a Museum.
On roll call, the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
CLOSED MEETING. At 9:10 p.m. Mr. Wiggins moved that
the Board convene in Closed Meeting pursuant to Section 2.1-344(a)(1) of
the Code of Virginia regarding appointments to Boards and Commissions
and the salaries of certain public officials.
On roll call, the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Meeting Reconvened. At 9:22 p.m. the meeting was reconvened
in open session by order of the Chair.
Chairman Burgett moved the adoption of proposed Resolution SR-1 that
reads:
A RESOLUTION TO CERTIFY COMPLIANCE WITH THE FREEDOM OF
INFORMATION ACT REGARDING MEETING IN CLOSED SESSION
WHEREAS, the York County Board of Supervisors has convened a
closed meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of the Virginia Freedom of Information
Act; and
WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a
certification by the York County Board of Supervisors that such closed
meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 2nd day of October, 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)
APPOINTMENT TO THE SENIOR CENTER OF YORK BOARD
Chairman Burgett moved the adoption of proposed Resolution R01-177
that reads:
A RESOLUTION TO APPOINT A REPRESENTATIVE TO THE SENIOR CENTER OF
YORK BOARD
WHEREAS, Doris J. Eagle has submitted her resignation as a member
of the Senior Center of York Board;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 2nd day of October, 2001, that Charlotte W. Tyeryar
be, and is hereby, appointed to the Senior Center of York Board to fill
the unexpired term of Doris J. Eagle, such term to begin immediately and
expire June 30, 2005.
On roll call, the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
APPOINTMENT TO THE REGIONAL ISSUES COMMITTEE
Mr. Ashe moved the adoption of proposed Resolution R01-170 that
reads:
A RESOLUTION TO APPOINT A MEMBER TO THE REGIONAL ISSUES
COMMITTEE
WHEREAS, Robert Brandon Forrest, Sr., has resigned his appointment
as a citizen member on the Regional Issues Committee; and
WHEREAS, the Board wishes to appoint a citizen to fill the vacancy
on the Regional Issues Committee;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 2nd day of October, 2001, that the following
individual be, and is hereby, appointed to serve an unexpired term on
the Regional Issues Committee, such term to begin immediately and expire
on December 31, 2002:
Joseph R. Ambrose
On roll call, the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
APPOINTMENT TO THE HISTORIC TRIANGLE BICYCLE ADVISORY COMMITTEE
Mr. Zaremba moved the adoption of proposed Resolution R01-173 that
reads:
A RESOLUTION TO APPOINT A MEMBER TO THE HISTORIC TRIANGLE
BICYCLE ADVISORY COMMITTEE
WHEREAS, Paul L. Moses' term on the Historic Triangle Bicycle
Advisory Committee expired on April 30, 2001;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 2nd day of October, 2001, that the following
individual be, and is hereby, appointed to serve on the Historic
Triangle Bicycle Advisory Committee for a term to begin May 1, 2001, and
expire on April 30, 2004:
Paul L. Moses
On roll call, the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Meeting Adjourned. At 9:29 p.m. Mrs. Noll moved that the
meeting be adjourned to 6:00 p.m., Tuesday, October 9, 2001, in the East
Room, York Hall, for the purpose of conducting a work session.
On roll call, the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
____________________________
_______________________________
James O. McReynolds, Clerk
James S. Burgett, Chairman
York County Board of Supervisors
York County Board of Supervisors
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