|
Regular Meeting
April 2, 2002
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board of
Supervisors was called to order at 7:02 p.m., Tuesday, April 2, 2002, in
the Board Room, York Hall, by Chairman Donald E. Wiggins.
Attendance. The following members of the Board of Supervisors were
present: Walter C. Zaremba, Sheila S. Noll, Donald E. Wiggins, James S.
Burgett, and Thomas G. Shepperd.
Also in attendance were James O. McReynolds, County Administrator;
and James E. Barnett, County Attorney.
Invocation. William C. Parker, Information Officer, gave the
Invocation
Pledge of Allegiance to the Flag of the United States of America.
Vice Chairman Zaremba led the Pledge of Allegiance.
PRESENTATIONS
INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARDS AND COMMISSIONS
Chairman Wiggins introduced and welcomed the following newly
appointed members to York County Boards and Commissions and presented
them with York County pins and Boards and Commissions Handbooks:
Jack Rhoads Employee Grievance Panel
Lois Winter Historical Committee
Daniel G. Seabolt Historical Committee
Ted Crossland Historical Committee
CITIZENS COMMENT PERIOD
Mrs. Pam Pouchot, 103 Kimberly Court, spoke of the adoption this
evening of the York County Fiscal Year 2003 Budget. She addressed
several areas within the budget where she felt the funds could be better
utilized, such as the donations to the YMCA for the community center, to
Newport News for the Aviation's World Fair, and to Christopher Newport
University for its new Performing Arts Center. She stated the County
would not earn enough tax dollars from these endeavors and would only
gain more traffic and noise for the County.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett stated that since the last meeting he and Mrs. Hook
attended the Local Government Attorneys Conference in Portsmouth where
they were given a copy of a pamphlet detailing legislation that passed
this year's session of the General Assembly. He stated that over the
next few months he would bring to the Board a few recommendations for
Code changes based on changes the General Assembly made to the Code of
Virginia.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds reminded the Board members of the Citizens Institute
that would be held on five consecutive Thursday mornings in May. He
noted the sessions would be held in the York Hall Board Room from 9:30
a.m. to 11:30 a.m., and the deadline for registration is April 25. He
then noted there would be a 5K run at New Quarter Park on Saturday,
April 6, sponsored by the Division of Children's Services to benefit
improvements to the playground at the Griffin-Yeates Center. He also
apprised the Board that New Quarter Park would be open on weekends
beginning April 6 from 8:00 a.m. to 8:00 p.m., weather permitting. Mr.
McReynolds then stated he would be out of the office on Monday touring
several localities that have implemented an 800-megahertz communications
system.
Mr. Zaremba asked Mr. McReynolds to remind the citizens of the
Homeowners Association Meeting coming up this month.
Mr. McReynolds stated that several times during the year he meets
with representatives from the various homeowners associations in the
County to answer questions they might have or to provide them with
County information staff feels will be beneficial to them. The next
meeting will be held at 6:30 p.m. on Wednesday, April 24, at the Public
Safety Building meeting room at 301 Goodwin Neck Road.
Chairman Wiggins asked Mr. McReynolds when he anticipated bringing
the Board nominations for the newly established Stormwater Advisory
Committee.
Mr. McReynolds noted that only six applicants had applied for the
committee so far. He indicated he had sent out a letter to the members
of the previous Drainage Committee with a Board Bank application asking
them to submit the application if they were interested in serving on the
new committee. He stated that he hoped to provide the Board with
applications and an appointing resolution for the April 16 Regular
Meeting.
Mr. Shepperd stated he understood that some people were having a
problem getting the Board Bank application form from the website.
Mr. McReynolds noted that the problem had been resolved, and the
application should be readily available now.
MATTERS PRESENTED BY THE BOARD
Mrs. Noll briefed the Board on a meeting she had attended in Norfolk
sponsored by the Governor's office concerning Workforce Development and
funding that has not been used by the program and the possibility of any
surplus being sent back to the federal government. She then noted that
she would not be present at the next Regular Meeting because she and Mr.
McReynolds would be in Zweibrücken, Germany, as the County's delegation
for the city's 650th Anniversary celebration.
Mr. Zaremba spoke of the budget process, stating the Board had been
involved in the budget cycle for Fiscal Year 2003 since October of last
year. He reviewed the increase in revenue that is expected during the
next fiscal year and discussed what he considered to be "budget
creep," in that the inflation rate of increase in this country is
less than 3 percent on an annual basis; and he did not understand how
the County could continue to spend more than what inflation has been. He
stated he felt a 7 percent increase was a bit much, and suggested that
as the Board went through the budget process for the next year it start
to take a look at why the County seems to spend every dime of increase
in revenues that is received. He noted that a neighboring jurisdiction
has decreased its real estate tax rate, and this 7 percent increase came
about because of the increase in the County's real estate assessment. He
suggested that perhaps the Board should have taken a look at reducing
the real estate tax rate and alleviating the ever-increasing cost of
living in York County.
Mr. Burgett spoke concerning the parking ordinance for commercial
vehicles in residential areas, stating staff was working with VDOT staff
in drafting a resolution which will be reviewed by the Attorney General,
and then the Board of Supervisors will be asked to pass on the
resolution as approved. The Commonwealth Transportation Board will be
given an opportunity to approve the draft at its May meeting, and it
will then come back to the County to delineate the specific areas where
the Board wants the prohibition to take place. He stated he hoped all
this would take place so the Board could adopt its ordinance during
June. Mr. Burgett then noted that the County's landscaping ordinance
would be the next major project for the Board, and he indicated the
Board might want to look at prohibiting the planting of trees under
power lines since disfiguring the trees by cutting the tops out is not a
good thing to do. He noted that next Monday night he would attend a
meeting of the BRAC Committee that was formed locally by Congresswoman
Davis from 19 jurisdictions. The meeting will be to organize efforts to
protect the local military bases from closure. Mr. Burgett then stated
he was interested in getting back on the project of Route 17
beautification and getting people to cooperate in making the main
thoroughfare more attractive. He also noted that the Board would be
voting at its next Regular Meeting on the Outstanding Youth Awards and
would be presenting the awards to the recipients on May 7.
Mr. Shepperd apprised the Board members of his continuing orientation
of the County, noting he had recently visited operations and facilities
at Back Creek Park, New Quarter Park, Colonial Services Board, People's
Place, and Video Services.
Chairman Wiggins stated he had the good fortune to serve on a panel
for the Peninsula Leadership Institute this week, noting he had
graduated from the Institute in 1997. The Institute is sponsored by the
Virginia Peninsula Chamber of Commerce, and the Williamsburg Area
Chamber of Commerce also sponsors a similar educational opportunity. He
stated a new class was forming for next year, and he encouraged
interested individuals to get involved in the program. He noted he had
served on a panel discussing regional development, and he spoke of the
great sharing opportunities for the region with the upcoming Aviation
World's Fair. He stated York County's donation to the event is $1.00 per
citizen, and he stated he felt it was a small price to pay for what the
County will gain.
UNFINISHED BUSINESS
PARK FACILITIES PLANNING SERVICES
Chairman Wiggins stated there were a lot of questions that had not
been answered as yet regarding the material provided to the Board of
Supervisors on the park facilities planning services contract, and he
suggested that the Board table the matter until after it has had an
opportunity to conduct a work session on the topic.
Discussion followed regarding the motion to table the matter.
Mr. Zaremba moved that the Board postpone consideration of proposed
Resolution R02-55 until after a work session had been conducted on the
matter.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Burgett, Shepperd, Wiggins
Nay: (0)
CONSENT CALENDAR
Mr. Zaremba asked that Item Nos. 4 and 6 be removed from the Consent
Calendar to be acted on separately.
Mrs. Noll moved that the Consent Calendar be approved as amended,
Item Nos. 2, 3, and 5, respectively.
On roll call the vote was:
Yea: (5) Noll, Burgett, Shepperd, Zaremba, Wiggins
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 2. APPROVAL OF MINUTES
The minutes of the following meetings of the York County Board of
Supervisors were approved:
March 5, 2002, Regular Meeting
March 12, 2002, Adjourned Meeting
March 14, 2002, Adjourned Meeting
Item No. 3. ENDORSEMENT OF FAIR HOUSING PRINCIPLES: Resolution
R02-66
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 of 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 2nd day of April, 2002, 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. 5. APPROVAL OF PROCUREMENT ACTION: Resolution R02-71
A RESOLUTION AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE A
CONTRACT TO CONSTRUCT THE TIDE MILL SANITARY SEWAGE PUMPING STATION
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
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 2nd day of April, 2002, that the County Administrator
be, and hereby is, authorized to execute a contract for the Tide Mill
Sanitary Sewage Pumping Station Project in the amount of $358,900.
Item No. 4. EMPLOYEE OF THE QUARTER: Proposed Resolution R02-60
(Removed from the Consent Calendar)
Mr. Zaremba stated he felt there should be more consideration for the
Employee of the Quarter than just a resolution. He suggested that a day
off with pay or something that is more substantive to the employee be
considered. He then moved the adoption of proposed Resolution R02-60
that reads:
A RESOLUTION TO COMMEND KELLY M. ROBERTS, REVENUE SPECIALIST, OFFICE
OF THE COMMISSIONER OF THE REVENUE AS EMPLOYEE OF THE QUARTER
WHEREAS, Kelly M. Roberts has been employed with the Office of the
Commissioner of the revenue for four years and currently serves as a
Revenue Specialist; and
WHEREAS, County growth, both residential and business, has caused a
significant increase in the volume of mail, including returned mail,
processed by the Office of the Commissioner of the Revenue; and
WHEREAS, Kelly took the initiative to develop procedures for
researching, processing and managing the large quantity of returned
mail; and
WHEREAS, Kelly also took the initiative to develop a proactive
procedure to notify affected taxpayers of a change in state law in order
for their vehicle to be taxed only for the portion of the year
registered in Virginia; and
WHEREAS, implementation of these procedures has enhanced collections
in the Office of the Treasurer, and improved taxpayer compliance in the
Office of the Commissioner of the Revenue; and
WHEREAS, Kelly's efforts reflect the highest levels of
professionalism and service to the community and the County;
NOW THEREFORE, BE IT RESOLVED by the York County Board of Supervisors
this 2nd day of April, 2002, that Kelly M. Roberts, Revenue Specialist,
be and is hereby, congratulated upon her selection as Employee of the
Quarter for the quarter ended December 31, 2001.
On roll call the vote was:
Yea: (5) Burgett, Shepperd, Zaremba, Noll, Wiggins
Nay: (0)
Item No. 6. PUBLIC SEWER EXTENSION AGREEMENT-CLAIRMONT APARTMENT
HOMES: Proposed Resolution R02-73
Mr. Zaremba indicated it was his understanding that the landowner and
developer have an absolute right to move ahead with this development,
yet the Board of Supervisors is being asked to approve a sewer extension
agreement. He asked why the Board is involved when the Zoning Ordinance
indicates it is a by-right development.
Mr. McReynolds explained that the State Code basically states that
any development that has over three connections must be presented to the
Board of Supervisors for approval.
Mr. Barnett also explained that this procedure was devised years ago
to advise the Board of the intent to connect, and for the staff to
determine if there is adequate capacity. He stated the staff was looking
into whether or not this requirement can be removed; but because the
statute requires it, these types of actions will probably continue to
come before the Board for approval.
Chairman Wiggins noted his agreement with Mr. Zaremba, stating he
would like to see these types of actions come off the agenda. In this
case, he stated he was adamantly opposed to the project; and some of the
citizens feel the Board is approving the project rather than the sewer
extension when they see it on the agenda.
Mr. Burgett noted he and Mr. Shepperd have brought this subject up at
previous meetings, and it seems as though the Board is in agreement of
finding a way to keep these matters from the Board's agenda.
Mr. Zaremba then moved the adoption of proposed Resolution R02-73
that reads:
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY SEWER
SYSTEM TO A PROPOSED DEVELOPMENT KNOWN AS CLAIRMONT APARTMENT HOMES, AND
AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC SEWER EXTENSION AGREEMENT
WHEREAS, Kotarides Builders, Inc., has requested that the County
enter into a public sewer extension agreement pursuant to § 18.1-53 (b)
of the York County Code to serve a new multi-family residential
development; and
WHEREAS, the plan for the proposed project has been reviewed by the
County; and
WHEREAS, prior to final approval of these plans and the initiation of
any construction activity, it is necessary that a determination be made
as to whether the Board will authorize the extension of the public sewer
facilities of the County to serve the proposed development; and
WHEREAS, it has been determined that sufficient capacity exists in
the County's existing sewer system to serve the proposed development, or
will exist when the facilities proposed by the developer are
constructed; and
WHEREAS, in accordance with the terms of Chapter 18.1 of the York
County Code the total connection fee to be paid to the County for the
proposed extension to serve this development has been determined to be
$204,750.00;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 2nd day of April, 2002, that the Board approves the
extension of the County's public sewer system to serve the proposed
development, Clairmont Apartment Homes, and that the County
Administrator be, and he hereby is, authorized to execute a public sewer
extension agreement with Kotarides Builders, Inc., for the proposed
extension; such agreement to be approved as to form by the County
Attorney.
On roll call the vote was:
Yea: (5) Shepperd, Zaremba, Noll, Burgett, Wiggins
Nay: (0)
NEW BUSINESS
APPROVAL OF FY2003 BUDGET AND TAX RATES FOR 2002
Mr. McReynolds made a brief presentation on the ordinance and
resolution to adopt the 2002 tax rates and the FY2003 budget. He briefly
reviewed the largest categories in the budget and their amounts.
Mr. Zaremba moved the adoption of proposed Ordinance No. 02-3 that
reads:
AN ORDINANCE TO IMPOSE TAX LEVIES UPON TANGIBLE PERSONAL PROPERTY,
UPON MACHINERY AND TOOLS, UPON MOBILE HOMES, AND UPON REAL ESTATE FOR
THE CALENDAR YEAR 2002, 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 2002 beginning January 1, 2002, and ending December 31,
2002; 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 2nd day of April, 2002, that the following County
tax levies be, and they hereby are, imposed for the calendar year 2002:
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) Zaremba, Noll, Burgett, Shepperd, Wiggins
Nay: (0)
Mr. Zaremba then addressed the budget resolution, stating it
contained numbers he had never seen before, and he was confused about
some of them and asked for clarification.
Mr. McReynolds stated the total of the funds were included in the
budget document distributed on March 5. The amounts for the schools were
adjusted from what the Superintendent proposed to include the $170,000
of additional funding provided by the County.
Mr. Zaremba suggested that in the future the Board be provided with
these figures prior to the Board meeting for adoption. He then asked for
clarification on several other items contained in the budget resolution
dealing with the areas of emergency funding, Workers Compensation,
vehicle maintenance, Social Services, revenues from building permits,
and juvenile services.
Mr. Shepperd asked if there was anything in the budget resolution
that was not discussed in a work session.
Mr. McReynolds indicated there was nothing the Board had not received
printed material on.
Mr. Shepperd stated he agreed that the presentation of the budget
material causes some confusion if one is not a numbers person, and it
would be easier if all the educational parts were in one place. He
stated he felt the staff did a tremendous job of bringing the budget to
the Board at every angle to make sure the Board members understood all
the nuances. Mr. Shepperd indicated he felt the last work session was
handled very well. He asked how these things are audited.
Mr. McReynolds stated the County's financial records, including the
budget, are audited annually by an independent auditor.
Mr. Shepperd indicated his point was that the County Administrator is
given the responsibility of handling a great deal of numbers and line
items, and the Board has the responsibility to direct in general policy
terms where it wants the money to go. He asked why the specific lines
are included in the budget resolution as opposed to just approving the
actual budget document.
Mr. McReynolds stated the budget resolution is prepared in accordance
with the State Code which requires that the appropriations be made in
certain categories.
Mr. Shepperd recommended that if these items that are contained in
the budget resolution are an issue for the Board, the Board be given
those numbers in this format so that when it works on the budget the
Board will be very familiar with the format and the figures.
Mr. Burgett stated he had a high comfort level with the budget
because he had gone through it page by page. He noted that many of the
Board's questions had been answered during work sessions. He stated he
felt that a lot of old ground was being covered that had already been
covered in the work sessions.
Chairman Wiggins stated all the Board members have worked hard on
this budget. He indicated there is a tremendous need in the schools, and
he doesn't see any way the tax rate can be lowered without adversely
affecting the schools. The increase is due to the fact that it costs a
lot to educate the children and provide adequate public safety. He
stated the Board was not rubber stamping the budget; it has done
everything it could to keep the tax rate level.
Mrs. Noll then moved the adoption of proposed Resolution R02-47 that
reads:
A RESOLUTION TO APPROVE THE BUDGETS AND APPROPRIATE FUNDS FOR THE
FISCAL YEAR BEGINNING JULY 1, 2002, AND ENDING JUNE 30, 2003
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, 2002, and ending June 30, 2003, 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 2003 contains estimated availability of funding
from the Federal government in the amount of $10,034,607; from the state
government in the amount of $40,960,132; from the local appropriations
in the amount of $29,984,800 (including $869,733 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 2nd day of April, 2002, that the Fiscal Year 2003
annual budget of the York County School Division for school operations
in the amount of $82,056,489 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
$2,903,242 for Fiscal Year 2003 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 2003 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 2003 be, and are hereby, made in the General Fund for
the following functions:
Functions:
General Administration 1,506,404
Judicial Administration 1,891,495
Public Safety 15,857,597
Environmental & Development Services 3,348,399
Finance & Planning 6,096,356
Education & Educational Services 37,670,281
Human Services 2,208,715
General Services 4,547,378
Community Services 2,274,912
Capital Outlay 3,943,730
Non-Departmental 2,972,312
Total General Fund 82,317,579
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 $37,670,281 appropriated above
from the General Fund for Education and Educational Services, includes
$29,984,800 for the local contribution to the School Division for
support of the School operating budget and, of this amount $29,115,067
is appropriated as a non-categorical appropriation to be allocated among
the various school operating categories as the School Board deems
necessary and $869,733 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 $2,972,312 shown above as the
amount appropriated for the Non-Departmental area of the General Fund
includes $40,000 for the implementation of a health insurance benefit
for retirees.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the sum
of $1,220,000 for Fiscal Year 2003 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 $400,000 for Fiscal Year 2003 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 $2,121,614 for Fiscal Year 2003 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 $4,246,509 for Fiscal Year 2003 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 $49,500 for Fiscal Year 2003 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 $9,000 for Fiscal Year 2003 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
2003 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 $1,128,675 for Fiscal Year 2003 be, and is hereby, made in the
Children's Services Fund for the operation of the Children's Services,
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 Children's Services, 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 $2,100,242 for Fiscal Year
2003 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 $500,000 for Fiscal Year 2003 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 $10,790,000 for Fiscal Year 2003 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 $7,768,990 for Fiscal Year 2003 be, and is hereby, made in the
Yorktown Capital Improvements Fund.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the sum
of $4,099,000 for Fiscal Year 2003 be, and is hereby, made in the County
Capital Fund.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the sum
of $186,450 for Fiscal Year 2003 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 $5,163,490 for Fiscal Year 2003 be, and is hereby, made in the School
Debt Service Fund.
BE IT STILL FURTHER RESOLVED that the annual appropriation in the sum
of $491,090 for Fiscal Year 2003 be, and is hereby, made in the Public
Facilities Debt Service Fund.
BE IT STILL FURTHER RESOLVED that the following appropriations for
Fiscal Year 2003 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 Fund 4,103,607
Water Utility Fund 382,700
Sewer Utility Fund 4,146,628
Stormwater Management Fund 1,705,000
Sanitary District No. 2 Fund 443,100
Water and Sewer Extension Fund 6,115,560
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 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 interest earned on grant awards
received from federal and state agencies be, and are hereby,
appropriated to the appropriate functional area 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 Zweibrücken Exchange Program, programs of the
York County Sheriff's Office, 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 funds received from the Federal
Emergency Management Agency (FEMA) for reimbursements for expenses
incurred as a result of unusual and infrequent events not to exceed
$30,000 per incident be, and are hereby, appropriated under this program
to the appropriate functional area.
BE IT STILL FURTHER RESOLVED that funds received through insurance
claims for damages incurred to County property as a result of unusual
and infrequent events not to exceed $30,000 per incident be, and are
hereby, appropriated under this program to the appropriate functional
area.
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 2003 in the various funds for the purpose
of liquidating encumbered purchase transactions as of June 30, 2002 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 2003 in the various funds for the purpose
of continuing capital and special projects as of June 30, 2002 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) Noll, Burgett, Shepperd, Zaremba, Wiggins
Nay: (0)
APPROVAL OF THE FY2003-2008 CAPITAL IMPROVEMENTS PROGRAM
Mr. McReynolds made a presentation on proposed Resolution R02-46 to
adopt the FY2003-2008 Capital Improvements Program as a long-range
planning document. He stated the only change is an addition of $20,000
to drainage improvements projects.
Discussion followed concerning park design services, drainage,
underground utilities, and future recreational facilities at New Quarter
Park.
Mrs. Noll moved the adoption of proposed Resolution R02-46 that
reads:
A RESOLUTION TO ADOPT THE FISCAL YEAR 2003-2008 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 2003-2008
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 2003-2008
Capital Improvements Program;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 2nd day of April, 2002, that the County Administrator's
proposed Fiscal Year 2003-2008 Capital Improvements Program be, and is
hereby, adopted by the Board of Supervisors.
On roll call the vote was:
Yea: (5) Burgett, Shepperd, Zaremba, Noll, Wiggins
Nay: (0)
DESIGNATION OF REAL PROPERTY TAX FOR SCHOOL PURPOSES
Mr. McReynolds briefly reviewed proposed Resolution R02-45 which
would designate a portion of the real property tax for school purposes.
Mr. Burgett moved the adoption of proposed Resolution R02-45 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 thirty-eight percent (38%) the land area of
York County is controlled by the federal government, 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 2nd day of April, 2002 that, for Fiscal Year 2003, a
portion of the York County, Virginia, local real property tax rate equal
to sixty-four and four tenths cents ($.644) 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) Shepperd, Zaremba, Noll, Burgett, Wiggins
Nay: (0)
APPROVAL OF THE VIRGINIA RETIREMENT SYSTEM (VRS) HEALTH INSURANCE
CREDIT FOR RETIREES
Mr. McReynolds briefly reviewed proposed Resolution R02-69 to provide
the Health Insurance Credit Program for eligible current and future
retirees of York County.
Mrs. Noll moved the adoption of proposed Resolution R02-69 that
reads:
A RESOLUTION TO PROVIDE THE HEALTH INSURANCE CREDIT PROGRAM AS
DESCRIBED IN THE CODE OF VIRGINIA, SECTION 51.1-1402 FOR ITS ELIGIBLE
CURRENT AND FUTURE RETIREES OF YORK COUNTY AS DEFINED IN ARTICLE 5,
CHAPTER 1 OF TITLE 51.1 OF THE CODE OF VIRGINIA.
WHEREAS, a committee was assembled at the request of the County
Administrator to assess the need for the County to contribute to the
health insurance expenses of retirees, and to research other localities
to determine if and how other localities are providing assistance to
their retirees, and to then propose a method or methods by which this
could be accomplished by the County; and
WHEREAS a proposal was made to fund the Health Insurance Credit
Program which pays a retiree from a political subdivision who has at
least 15 years of service with the Virginia Retirement System $1.50 for
each year of service for a maximum credit of $45.00 per month which is
added as a supplement to the retiree's retirement check each month;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 2nd day of April, 2002, that the County of York
does hereby elect to provide the Health Insurance Credit Program, as
provided in the Virginia, Section 51.1-1402 for its eligible current and
future retirees, as defined in Article 5, Chapter I of Title 51.1 of the
Code Of Virginia.
BE IT FURTHER RESOLVED that the County of York agrees to accept all
liability for any current or future additional employer contributions
and any increases in current or future employer contribution rates
resulting from its election to provide the benefits of the program to
its retirees.
BE IT STILL FURTHER RESOLVED that the County of York elects to allow
its eligible retirees to receive the benefits under the program
effective July 1, 2002.
BE IT STILL FURTHER RESOLVED that County Administrator is hereby
authorized and directed in the name of the County of York to execute any
required contract, to be approved as to form by the County Attorney, in
order that said eligible retirees of the County of York may participate
in the Health Insurance Credit Program, as provided for in the Code of
Virginia.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Burgett, Shepperd, Wiggins
Nay: (0)
VIRGINIA TRANSPORTATION DEVELOPMENT PLAN
Mr. McReynolds made a presentation on proposed Resolution R02-78 to
identify York County priorities for inclusion in the FY2003 Six-Year
Virginia Transportation Development Plan.
Mr. Shepperd noted that Mr. McReynolds had mentioned that VDOT had
made a commitment to transfer funds for Route 17 from the Fort Eustis
Boulevard and north area down to the Harwood's Mill and south area, and
he thought VDOT was only thinking about it. He asked Mr. McReynolds to
clarify.
Mr. McReynolds stated it was his understanding that the VDOT district
office has supported the County's request to move the funds from the
northern portion of Route 17 to the southern portion.
Mr. J. Mark Carter, Planning and Zoning Manager, indicated Mrs. Noll
had appeared at a public hearing when the Commonwealth Transportation
Board was considering the last version of the plan, and they assured her
at that time that the $10 million would be transferred. VDOT is now
revising the plan to include that assurance.
Discussion followed.
Mr. Zaremba spoke of the significant funding shortfalls in the state,
and he asked for a summary of which roads will be impacted by these
reductions.
Mr. Carter stated that information was not yet available, and the
actual amount of reduction is not sure at this time. Mr. Carter
suggested that the Board lobby hard for a reduction in the Secondary
Funds of less than 42 percent, which is the figure the state is
suggesting. Once the number is known, the Board and the Resident
Engineer will have to work on the Secondary Road Program to determine
what the priorities are and how the funds should be allocated among
those projects.
Mr. Zaremba asked that, whatever the outcome in Richmond, the results
be reported out to the citizens.
Mrs. Noll then moved the adoption of proposed Resolution R02-78 that
reads:
A RESOLUTION TO IDENTIFY YORK COUNTY PRIORITIES FOR INCLUSION IN THE
FY 2003 SIX-YEAR VIRGINIA TRANSPORTATION DEVELOPMENT PLAN
WHEREAS, the Commonwealth Transportation Board has announced a series
of public hearings to be conducted across the Commonwealth for the
purpose of soliciting comments and recommendations from local
jurisdictions concerning necessary highway improvements and the
establishment of priorities for inclusion in the FY 2003 Virginia
Transportation Development Plan; and
WHEREAS, the York County Board of Supervisors recognizes and
appreciates the difficult task that faces the Commonwealth
Transportation Board as it works to develop a revised and updated
Virginia Transportation Development Plan (VTDP); and
WHEREAS, the Board recognizes that transportation system improvement
needs far exceed available revenues and that adjustments and reductions
of existing programs and projects are likely; and
WHEREAS, the Board is aware of the potential 42% reduction in the
York County Secondary Roads allocations over the next six years and
urges the CTB to consider re-allocation of funds or other measures to
ensure that reductions of this magnitude, particularly in suburban
localities such as York, are avoided so that much-needed improvement
projects can proceed with minimal slippages in schedules; and
WHEREAS, the Board enthusiastically supports development of a VTDP
that includes level or increased funding for maintenance to guard
against severe deterioration of the transportation network and,
particularly, the Board urges that sufficient funding be provided to
allow an annual Secondary Roads repaving schedule to be developed and
implemented; and
WHEREAS, the Board has reviewed the potential project ranking and
sorting criteria suggested by the Interim Transportation Commissioner in
his January 2002 letter to stakeholders and has evaluated its project
priorities with these criteria in mind;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 2nd day of April, 2002, that it does hereby adopt
the following recommended program of priorities and projects for
consideration by the Commonwealth Transportation Board:
Priority 1 - Provide funding for the Secondary Road System at levels
sufficient to avoid and mitigate the 42% reduction suggested in
preliminary correspondence and discussions concerning the proposed VTDP;
Priority 2 - Provide sufficient funding to adequately address
transportation system maintenance needs and, particularly, to allow
continuation of an adequately-funded annual repaving program for
selected Secondary System roads;
Priority 3 - Route 105 extension between Route 17 and Route 173: This
project, which is primarily funded through Regional STP allocations, has
recently progressed through the Design Public Hearing stage. It is
critically important to the County's economic development objectives.
Priority 4 - Route 17 Widening from 4 to 6 lanes between Wolftrap
Road and Route 171: This project proposal consists of three components,
as follows:
· Widening between Wolftrap Road to Ella Taylor Road utilizing $10
million in cost savings which VDOT has committed to transfer from
Project #6017-099-F19 north of Route 105;
· Widening between Ella Taylor Road south to Route 134 utilizing the
approximately $7 million that would be available if Project
#6017-099-F19 is cancelled completely, as recommended by the Board of
Supervisors;
· Widening between Route 134 and Route 171; estimated cost $7
million.
Priority 5 - Route 105 Widening between Jefferson Avenue and Route
17; project pending advertisement.
BE IT FURTHER RESOLVED that the Board of Supervisors strongly
encourages the Commonwealth Transportation Board to consider the
aesthetics of all transportation projects and to include sufficient
funding in all project budgets for appropriate landscaping.
BE IT STILL FURTHER RESOLVED that, although not listed as a priority
due to the critical importance of the Route 17 improvements, the Board
calls the attention of VDOT and the Commonwealth Transportation Board
the need to consider future widening of Route 171 between Route 17 and
the City of Poquoson.
BE IT STILL FURTHER RESOLVED that the County Administrator be, and
hereby is, authorized to transmit the information contained in this
resolution to the Commonwealth Transportation Board to be entered into
the record of the Hampton Roads District Allocation Hearing as the
official position of the York County Board of Supervisors and to forward
copies to the Commissioner and all others deemed appropriate.
BE IT STILL FURTHER RESOLVED that the Commonwealth Transportation
Board be, and hereby is, commended for its cooperation in attending to
those needs identified within York County and its neighboring
communities.
On roll call the vote was:
Yea: (5) Noll, Burgett, Shepperd, Zaremba, Wiggins
Nay: (0)
CLOSED MEETING. At 9:11 p.m. Mr. Zaremba moved that the
meeting be convened in Closed Meeting pursuant to Section 2.2-3711(a)(1)
of the Code of Virginia pertaining to appointments to Boards and
Commissions and a personnel matter dealing with the employment of a
specific employee; and Section 2.2-3711(a)(3) pertaining to the
acquisition of real property for a public purpose.
On roll call the vote was:
Yea: (5) Burgett, Shepperd, Zaremba, Noll, Wiggins
Nay: (0)
Meeting Reconvened. At 10:03 p.m. the meeting was reconvened in open
session by order of the Chair.
Mr. 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 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 2.2-3711.1 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 April, 2002, 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) Shepperd, Zaremba, Noll, Burgett, Wiggins
Nay: (0)
APPOINTMENT TO THE YORK COUNTY HISTORICAL COMMITTEE
Mr. Burgett moved that Mr. Ted Crossland be moved from Associate
Membership status and appointed as a Regular Member to the York County
Historical Committee.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Burgett, Shepperd, Wiggins
Nay: (0)
Thereupon, Resolution R02-84 was adopted as follows:
A RESOLUTION TO APPOINT AN ASSOCIATE MEMBER AS A REGULAR MEMBER TO
THE YORK COUNTY HISTORICAL COMMITTEE
BE IT RESOLVED by the York County Board of Supervisors this the 2nd
day of April, 2002, that Mr. Ted Crossland, currently an Associate
Member, be, and he is hereby, appointed as a Regular Member to the York
County Historical Committee, such appointment to take effect
immediately.
Meeting Adjourned. At 10:05 p.m. Mr. Burgett moved that the meeting
be adjourned sine die.
On roll call the vote was:
Yea: (5) Noll, Burgett, Shepperd, Zaremba, Wiggins
Nay: (0)
_________________________________
_____________________________
James O. McReynolds,
Clerk
Donald E. Wiggins, Chairman
York County Board of
Supervisors
York County Board of Supervisors
Back to Index
|
