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Board of Supervisors'
Meeting Minutes
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Regular Meeting
March 18, 2003
7:00 P.M.
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Meeting Convened. A Regular Meeting of the York
County Board of Supervisors was called to order at 7:02 p.m., Tuesday,
March 18, 2003, 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 Thomas G. Shepperd.
Also in attendance were James O. McReynolds, County
Administrator; and James E. Barnett, County Attorney.
Invocation . Bishop Fred Reams of The Church of
Jesus Christ of Latter Day Saints gave the invocation.
Pledge of Allegiance to the Flag of the United States
of America. Chairman Burgett led the Pledge of Allegiance.
HIGHWAY MATTERS
Mr. Steven Hicks , Resident Engineer, Virginia
Department of Transportation (VDOT), appeared to report on highway
matters of interest to the Board of Supervisors. He reported that VDOT
is working 24 hours a day, seven days a week to repair potholes;
approximately $22 million dollars has been spent on the repairs, and
over $100 million dollars in snow removal, with more potholes still to
be repaired. He reported that the right-turn lane on Route 17 at
Wal-Mart had been better delineated with paint striping, and a ramp at
Route 199 and I-64 has been added to the paving schedule. He noted that
the environmental permit process for ditch work on Production Drive had
begun. He stated a right-turn on red sign was installed at Grafton
Drive, and he explained that VDOT continues to study that intersection
to ensure safety. He reported that a no left-turn sign has been
installed at Grafton Station Lane, and a dual-turn lane would be
installed at the intersection of Denbigh Boulevard and Route 17. He told
Mr. Shepperd that the citizens in the Mill Crossing area had approached
him and are pleased that water is no longer standing in the ditches
after rains. He stated that five projects would be advertised soon and
that construction would start approximately in May.
Mr. Shepperd asked about the plans for the
ditches on both sides of Calthrop Neck Road.
Mr. Hicks stated he would look into that.
Mr. Zaremba asked for an update on widening the
stretch of Route 199 from Interstate 64 West to Jamestown Road. He
reported a lot of construction going on in that area, perhaps in
preparation for the 2007 events. He then praised Mr. Hicks for his
accomplishments in the short period of time he has been with VDOT. He
requested a listing of the areas where potholes have been repaired.
Mr. Wiggins suggested that the road near the
railroad tracks crossing Hornsbyville and Wolf Trap Roads was dangerous.
He then mentioned the confusion of the right-turn on red at the
intersection of Goodwin Neck Road and Wolftrap Road, and he asked Mr.
Hicks to do away with the green arrow at that intersection due to the
dangers of cars right-turning on red. He suggested that Harris Grove
Lane in the Edgehill subdivision was the worst road in that area and was
desperately in need of repaving.
Chairman Burgett thanked Mr. Hicks for the
right-turn lane painting at Wal-Mart and indicated that the area was
well marked now. He mentioned the entrance to Winders Pond, off Victory
Road near Old Pond Road, stating it was a rough area and also in need of
repair.
PRESENTATIONS
INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARDS AND
COMMISSIONS
Mr. Burgett introduced and welcomed H. J.
(Junior) Coxton as the newest member appointed to the Industrial
Development Authority of York County. He then presented Mr. Coxton with
a Boards and Commissions Handbook and a York County pin.
CITIZENS COMMENT PERIOD
There were no citizens comments this evening.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett reported that the General Assembly
finished its work in session and that the Governor had until Monday
night to finish taking action on bills for the first time. He stated
that most of the bills that the County had been looking at in the past
have not been acted on. He stated he would have a report for the Board
of any adverse action taken on any items of interest to the Board at the
Board’s next regular meeting.
Mr. Shepperd questioned some of the bills that
the Board had submitted and requested a record of those. He was curious
as to what the County’s record was.
Mr. Barnett explained that although the County
did not make many specific requests, it did better this year in its
requests than in previous years. He stated he would provide Mr. Shepperd
a record of the requested bills.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds announced that the Office of
Economic Development had been working to develop a seminar entitled "How
to Present a Winning Loan Request." He stated that the seminar would be
held March 26 at 6:30 p.m. at the Yorktown Library. He then reminded the
Board of its upcoming scheduled work sessions and regular meetings:
March 20 6:00 p.m. Budget Work Session
March 25 6:00 p.m. Budget Work Session
March 26 7:00 p.m. Joint Meeting
with the Chairs of York County’s Boards and
Commissions
March 27 6:00 p.m. (Tentative)
Budget Work Session
April 1 5:30 p.m. Budget Work
Session
7:00 p.m. Regular Meeting
(Adoption of FY04 Budget, Tax Rates, and CIP for
2004-2009)
He then mentioned correspondence in the Board’s
packet this evening relating to the proposed Revenue Sharing Program in
conjunction with VDOT to allow cost sharing of certain transportation
improvements. He asked that the Chairman be authorized to sign the
letter to VDOT transmitting the recommended programs if the Board so
approved.
By consensus, the Board agreed for Chairman Burgett
to sign the letter.
MATTERS PRESENTED BY THE BOARD
Mr. Zaremba noted were some very interesting
recommendations made by the Youth Commission during its presentation at
the last regular meeting, and he suggested that the Board could evaluate
the Youth Commission’s recommendations. He mentioned the national news
and the possibility of war and the armed forces being deployed, and he
stated he thought it would be beneficial for the citizens of the County
if the Sheriff and the Fire Chief could brief the County on the safety
and the well being of its citizens.
Mrs. Noll asked if Chief Kopczynski could inform
the public on the CERT (Community Emergency Response Team) program,
which is a new program implemented by the Department of Fire and Life
Safety. She noted she had met with the local delegation to discuss the
NASA support team and to encourage more money for research and
development of aeronautics, and she commended all the people who put in
so much time to keep NASA Langley at the forefront. She stated that the
congressmen and senators were very receptive, and she hoped to get the
rest of the Virginia delegation on board as well.
Mr. Wiggins discussed the previous public
hearings and the budget work sessions, including real estate
assessments, and how no one spoke on either subject. He explained that
state law requires that the County assess its real estate tax every five
years; however, the County has chosen to assess property every two
years. He explained that the County has not increased the tax rate, but
that the appraised value has been increasing 8-9 percent per year. He
stated that approximately 40 percent of the budget was provided by the
businesses in the area, and the County was much more fortunate than many
other counties because of the increases in property values and the
additional businesses added to the County which increases revenue. In
response to those at the meeting who criticized the Board’s contribution
to the schools, Mr. Wiggins stated the Board was committed to stronger
education and was doing everything it could to see to that. He discussed
some of the complaints received in relation to the school’s budget.
Mr. Shepperd reminded the public that the
applications for next year’s Youth Commission are due March 27. He noted
he had attended the York County Transportation Safety Commission
meeting, which was also attended by Steve Hicks from VDOT. He stated
that Mr. Hicks discussed a state grant that provided a way of fixing
dangerous intersections, and he asked that the County and Sheriff’s
Department offer input regarding dangerous intersections. He announced
on April 28 at 7:00 p.m. at the Tabb Elementary School gymnasium he
would hold a District 5 Town Meeting, and he outlined some of the topics
for the meeting. He apologized for missing the presentation on the
budget, but stated he reviewed on tape the comments made by the public.
He mentioned the fiscal responsibilities of the County and stated that
the Board members were advocates of the schools and that they do
everything they can; but they have fiscal responsibilities that they
have to be able to afford.
Chairman Burgett reported he had attended the
Peninsula Mayors and Chairs Military Commanders breakfast hosted by the
Peninsula Chamber of Commerce. He stated he met with Mayor Zeidler from
Williamsburg and Jay Harrison, Chairman of the James City County Board
of Supervisors, when they discussed items of mutual interest for the
historic triangle. He mentioned that an expert on corridor
beautification would be consulted at a meeting to be held by the
Regional Issues Committee in Williamsburg and that all Board members are
invited to attend the meeting. He reported on the joint meeting with the
Industrial Development Authority, and he spoke of the budget public
hearing held last week, stating the Board was very much in support of
the school system. He stated the County funds and looks for extra money
for the School Board, whose budget was 99.8 percent funded this year,
and of which the County found an extra $254,200 more than what the
schools thought they were going to get. He explained that the School
Board determines how every dollar is going to be spent, and he
encouraged the citizens to contact the School Board to discuss how money
is spent.
CONSENT CALENDAR
Chairman Burgett asked that Item No. 6 be removed
from the Consent Calendar.
Mr. Zaremba asked that Item No. 9 be removed from
the Consent Calendar.
Mrs. Noll then moved that the Consent Calendar be
approved as amended, Item Nos. 4, 5, 7 and 8, respectively.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Shepperd, Burgett
Nay: (0)
Thereupon, the following minutes were approved and
resolutions adopted:
Item No. 4. APPROVAL OF MINUTES.
The minutes of the following meetings of the York
County Board of Supervisors were approved :
February 12, 2003, Adjourned Meeting
February 15, 2003, Adjourned Meeting
February 18, 2003, Regular Meeting
Item No. 5. COMMENDATION OF COUNTY EMPLOYEE:
Resolution R03-54.
A RESOLUTION TO COMMEND MARY S. SODERGREN,
YORK COUNTY HOUSING SPECIALIST, ON THE OCCASION OF HER
RETIREMENT
WHEREAS, Mary S. Sodergren, began employment August
30, 1985, and on March 31, 2003, is retiring from her present position
as Housing Specialist after 17 years of service; and
WHEREAS, Mrs. Sodergren began her employment with the
County as a Homemaker Program Instructor in 1985; and became an
instructor for Home Health Aides as part of the County’s on-going
efforts to promote self-sufficiency; and
WHEREAS, Mrs. Sodergren became the Teacher/Program
Coordinator for the County’s Certified Nurses Aid program in 1991 and
provided outstanding instruction to candidates seeking employment in the
field of nursing; and
WHEREAS, In addition to her part-time duties as
Teacher/Program Coordinator, Mrs. Sodergren became a part-time Housing
Specialist in the Division of Housing and Neighborhood Revitalization
and provided case management and rental assistance to housing clients,
and in October 2000, transitioned to a full-time Housing Specialist
responsible for a caseload of over seventy (70) clients; primarily the
aged, handicapped and disabled; and
WHEREAS, throughout her employment, Mrs. Sodergren
has always exemplified a diligent and thorough approach to her work and
has always provided outstanding service to the citizens of York County;
NOW, THEREFORE, BE IT RESOLVED that at this time of
her retirement, an expression of appreciation be conveyed to Mrs.
Sodergren on behalf of the County of York, its staff and the countless
citizens who have benefited from her caring and her many contributions;
and
BE IT STILL FURTHER RESOLVED that the Board of
Supervisors offers the very best wishes to her and to her loved ones for
a rewarding and pleasurable retirement.
Item No. 7. STREET ACCEPTANCES: Resolutions R03-47;
R03-48, and R03-52.
Resolution R03-47:
A RESOLUTION REQUESTING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO INCLUDE A STREET IN WYTHE CREEK
FARMS, SECTION FOUR, INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS
WHEREAS, the following street, which is shown on a
plat recorded in the Clerk’s Office of the Circuit Court of York County,
has been constructed to standards equal to the Virginia Department of
Transportation's Subdivision Street Requirements as a requisite for
acceptance for maintenance as part of the Secondary System of State
Highways; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has inspected this street and found it to
be acceptable for maintenance; and
WHEREAS, the York County Board of Supervisors does
hereby guarantee unencumbered rights of way, as described on the
following Form SR-5A, plus the necessary easements for cuts, fills, and
drainage for this street;
NOW, THEREFORE, BE IT RESOLVED by the York County
Board of Supervisors, this the 18th day of March, 2003, that
the Virginia Department of Transportation be, and it hereby is,
requested to add and maintain the street described on the following Form
SR-5A as part of the Secondary System of State Highways, pursuant to
Section 33.1-229, Code of Virginia, 1950 amended, and the regulatory
requirements of VDOT.
BE IT FURTHER RESOLVED that copies of this resolution
be forwarded to the developer of Wythe Creek Farms, Section Four, and to
the Resident Engineer of the Virginia Department of Transportation.
In the County of York
By resolution of the governing body adopted March 18,
2003
The following Form SR-5A is hereby attached and
incorporated as part of the governing body's resolution for changes in
the secondary system of state highways.
Report of Changes in the Secondary System
of State Highways
Form SR-5A
Secondary Roads Division 5/1/99
Project/Subdivision
Wythe Creek Farms, Section Four
Type of Change: Addition
The following additions to the Secondary
System of State Highways, pursuant to the statutory provision or
provisions cited, are hereby requested, the right of way for
which, including additional easements for drainage as required,
is guaranteed:
Reason for Change: Addition, New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
_____________________________________________________________________________
Route Number and/or Street Name
______________________________________________________________________
Brentmeade Drive, Route 1717
Description: From: Route 1716 (Rockmor
Lane)
To: Route 1716 (Rockmor Lane)
A distance of: 0.33 miles.
Right of Way Record: Filed with the
Clerk of the Circuit Court on 10/03/2000, Plat Book 13, Pages
179-180, with a width of 50'
Resolution R03-48:
A RESOLUTION REQUESTING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO INCLUDE A STREET IN TIDEMILL
ESTATES, SECTION THREE, INTO THE SECONDARY SYSTEM OF STATE
HIGHWAYS
WHEREAS, the following street, which is shown on a
plat recorded in the Clerk’s Office of the Circuit Court of York County,
has been constructed to standards equal to the Virginia Department of
Transportation's Subdivision Street Requirements as a requisite for
acceptance for maintenance as part of the Secondary System of State
Highways; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has inspected this street and found it to
be acceptable for maintenance; and
WHEREAS, the York County Board of Supervisors does
hereby guarantee unencumbered rights of way, as described on the
following Form SR-5A, plus the necessary easements for cuts, fills, and
drainage for this street;
NOW, THEREFORE, BE IT RESOLVED by the York County
Board of Supervisors, this the 18th day of March, 2003, that
the Virginia Department of Transportation be, and it hereby is,
requested to add and maintain the street described on the following Form
SR-5A as part of the Secondary System of State Highways, pursuant to
Section 33.1-229, Code of Virginia, 1950 amended, and the regulatory
requirements of VDOT.
BE IT FURTHER RESOLVED that copies of this resolution
be forwarded to the developer of Tidemill Estates, Section Three, and to
the Resident Engineer of the Virginia Department of Transportation.
In the County of York
By resolution of the governing body adopted March 18,
2003
The following Form SR-5A is hereby attached and
incorporated as part of the governing body's resolution for changes in
the secondary system of state highways.
Report of Changes in the Secondary System of State
Highways
Form SR-5A
Secondary Roads Division 5/1/99
Project/Subdivision
Tidemill Estates, Section Three
Type of Change: Addition
The following additions to the Secondary
System of State Highways, pursuant to the statutory provision or
provisions cited, are hereby requested, the right of way for
which, including additional easements for drainage as required,
is guaranteed:
Reason for Change: Addition, New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
_____________________________________________________________________________
Route Number and/or Street Name
_____________________________________________________________________________
Denise Drive, Route 1536
Description: From: Route 1593
(Sanctuary Cove)
To: Route 1537 (Pageland Drive)
A distance of: 0.21 miles.
Right of Way Record: Filed with the
Clerk of the Circuit Court on 01/03/1975, Plat Book 9, Page
11, and on 09/27/1996, Plat Book 12, Pages 408-409, and on
03/28/2000, Plat Book 13, Pages 108-110, with a width of 50'
Resolution R03-52:
A RESOLUTION REQUESTING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO INCLUDE A STREET IN THE BARBEE
SUBDIVISION INTO THE SECONDARY SYSTEM OF STATE HIGHWAYS
WHEREAS, the following street, which is shown on a
plat recorded in the Clerk’s Office of the Circuit Court of York County,
has been constructed to standards equal to the Virginia Department of
Transportation's Subdivision Street Requirements as a requisite for
acceptance for maintenance as part of the Secondary System of State
Highways; and
WHEREAS, the Resident Engineer for the Virginia
Department of Transportation has inspected this street and found it to
be acceptable for maintenance; and
WHEREAS, the York County Board of Supervisors does
hereby guarantee unencumbered rights of way, as described on the
following Form SR-5A, plus the necessary easements for cuts, fills, and
drainage for this street;
NOW, THEREFORE, BE IT RESOLVED by the York County
Board of Supervisors, this the 18th day of March, 2003, that
the Virginia Department of Transportation be, and it hereby is,
requested to add and maintain the street described on the following Form
SR-5A as part of the Secondary System of State Highways, pursuant to
Section 33.1-229, Code of Virginia, 1950 amended, and the regulatory
requirements of VDOT.
BE IT FURTHER RESOLVED that copies of this resolution
be forwarded to the developer of The Barbee Subdivision and to the
Resident Engineer of the Virginia Department of Transportation.
In the County of York
By resolution of the governing body adopted March 18,
2003
The following Form SR-5A is hereby attached and
incorporated as part of the governing body's resolution for changes in
the secondary system of state highways.
Report of Changes in the Secondary System of State
Highways
Form SR-5A
Secondary Roads Division 5/1/99
Project/Subdivision
Barbee Subdivision
Type of Change: Addition
The following additions to the Secondary
System of State Highways, pursuant to the statutory provision or
provisions cited, are hereby requested, the right of way for
which, including additional easements for drainage as required,
is guaranteed:
Reason for Change: Addition, New subdivision street
Pursuant to Code of Virginia Statute: §33.1-229
Barbee Circle, State Route Number 1520
Description: From: Route 1520
(Kitty Circle)
To: End of cul-de-sac
A distance of: 0.03 miles.
Right of Way Record: Filed with the Clerk of
the Circuit Court on 11/29/1999, Plat Book 13, Page 64, and on
10/12/1965, Plat Book 7, Page 163, with a width of 50'
Item No. 8. GRANT ACCEPTANCE: Resolution R03-45.
A RESOLUTION TO ACCEPT AND APPROPRIATE FY02
DEPARTMENT OF JUSTICE GRANT FUNDS IN THE AMOUNT OF $31,001 FOR
RESPONDER EQUIPMENT AND OTHER EQUIPMENT ESSENTIAL TO SUPPORT THE
MISSION OF THE DEPARTMENT OF FIRE AND LIFE SAFETY AND THE
SHERIFF’S OFFICE
WHEREAS, the County is vulnerable to the threat of
terrorism and, in particular, the use of Weapons of Mass Destruction (WMD),
and the Department of Fire and Life Safety, as well as the Sheriff’s
Office, are the first responders to such events; and
WHEREAS, the U. S. Department of Justice is making
funds available to localities to assist in their preparation efforts;
and
WHEREAS, the Virginia Department of Emergency
Management has been designated as state manager of these grants; and
WHEREAS, the funding purchases authorized by these
grants are restricted to a specified and limited commodity list and do
not require a local match; and
WHEREAS, the County has been awarded $31,0001 by the
Department of Justice and the Virginia Department of Emergency
Management;
NOW, THEREFORE, BE IT RESOLVED by the York County
Board of Supervisors this 18th day of March, 2003, that the
County Administrator be and hereby is authorized to accept and
appropriate grant funds in the General Fund in the amount of $31,001
toward the purchase of equipment and other commodities as specified in
notification of funding and according to needs identified by both the
Department of Fire and Life Safety and the Sheriff’s Office, and to
execute any necessary grant agreements, related contracts, or other
documents, subject to approval as to form by the County Attorney, to
provide such additional information as may be required by the terms of
the grant agreement, and to do all things necessary to implement the U.
S. Department of Justice Grant Program.
BE IT FURTHER RESOLVED that additional funds received
through the U. S. Department of Justice Grant Program be, and hereby
are, appropriated in the General Fund to support the mission of the
Department of Fire and Life Safety and the Sheriff’s Office.
Meeting Recessed: At 7:54 p.m. Chairman
Burgett declared a short recess.
Meeting Reconvened: At 8:05 p.m. the meeting was
reconvened in open session by order of the Chair.
PUBLIC HEARINGS
YORKTOWN LAND EXCHANGE (Joint Public Hearing with
the Colonial National Historical Park)
Mr. McReynolds made a presentation on proposed
Resolution R03-51 to approve a land exchange agreement with the National
Park Service to convey to the Park Service a parcel of 4.6 acres in
exchange for interests in several parcels of land owned by the Park
Service in Yorktown.
Mr. Alec Gould, Superintendent for Colonial
National Historical Park, appeared before the Board in support of the
land exchange, and to answer any questions the Board may have. He stated
he was quite happy to support this land exchange between the County and
the National Park Service (NPS). He explained if the progress in
Yorktown was going to continue to move forward, the land exchange was
essential. He noted that the County requires a public hearing for land
transfers and invited comments from the public as well. He proceeded to
describe each property in detail, and finalized his presentation by
praising the County for working in conjunction with the NPS. He then
commended Bob Kraus for his efforts to help these transitions take
place, and he presented Mr. Kraus with a picture of the Yorktown
Battlefield.
Chairman Burgett then called to order a public
hearing on proposed Resolution R03-51 which was duly advertised as
required by law and is entitled:
A RESOLUTION TO APPROVE A LAND EXCHANGE
AGREEMENT WITH THE NATIONAL PARK SERVICE BY WHICH THE COUNTY
SHALL CONVEY TO THE NATIONAL PARK SERVICE A PARCEL CONSISTING OF
4.6 ACRES, BEING YORK COUNTY TAX MAP PARCEL # 18-107, IN
EXCHANGE FOR INTERESTS IN SEVERAL PARCELS OF LAND OWNED BY THE
NATIONAL PARK SERVICE IN THE VICINITY OF YORKTOWN
Mr. Walt Akers, 110 Kenneth Drive, President of
the Fifes & Drums of Yorktown, spoke in support of the agreement and
thanked everyone involved in making it happen. He displayed a picture of
Yorktown’s Main Street taken in 1905 and talked about some of the
improvements since that time. He discussed the proposed new Fifes &
Drums headquarters, stating he was elated at the possibility of the
Corps having a larger space. A building fund to help with the costs
associated with a new building has been established, and Mr. Akers
thanked both the County and the National Park Service for this
cooperative effort.
There being no one else present who wished to speak
concerning the subject resolution, Chairman Burgett closed the
public hearing.
Mr. Zaremba questioned the different colors and
its meaning on the presentation map.
Mr. Gould explained that not all properties were
to be transferred to the county in fee simple; some of them are
easements.
Mrs. Noll asked if the agreement would preclude
the County asking for an act of Congress to purchase the property.
Mr. Gould stated that could be another
possibility if what was in place now did not work out for some reason.
Mr. Wiggins then thanked Mr. Gould for all of his
work in this endeavor and stated he was excited for the Fifes & Drums
Corps.
Mr. Shepperd mentioned the deed and agreement
conditions and asked if the County could modify or build anything on
these properties without the Park Service’s agreement.
Discussion ensued regarding the deed and agreement
conditions.
Mrs. Noll then moved the adoption of proposed
Resolution R03-51 which reads:
A RESOLUTION TO APPROVE A LAND EXCHANGE
AGREEMENT WITH THE NATIONAL PARK SERVICE BY WHICH THE COUNTY
SHALL CONVEY TO THE NATIONAL PARK SERVICE A PARCEL CONSISTING OF
4.6 ACRES, BEING YORK COUNTY TAX MAP PARCEL # 18-107, IN
EXCHANGE FOR INTERESTS IN SEVERAL PARCELS OF LAND OWNED BY THE
NATIONAL PARK SERVICE IN THE VICINITY OF YORKTOWN
Whereas, the County owns a 4.6-acre parcel of land on
Cook Road near Surrender Field referred to in land records of the
National Park Service as Tract 02-149 (York County tax map parcel number
18-107 and GPIN number P10d-4497-2476) which the United States, acting
through its National Park Service (NPS), desires to acquire to be used
as part of Colonial Battlefield National Historical Park; and
Whereas, the County desires to acquire an interest in
each of the following parcels, each identified below by NPS tract number
and also shown on the map attached to the County Administrator’s
memorandum of March 7, 2003 which the National Park Service currently
owns, each parcel being further described in a document titled
"Environmental Assessment – Yorktown Land Exchange and Land Use Written
Agreements" dated March 4, 2003, on file in the County Administrator’s
Office:
- Tract 01-129 currently used as a portion of the York-Poquoson
Courthouse Parking Lot, to be acquired in fee, subject to conditions
requiring the tract to continue to be used for public parking and
landscaped open space.
- Tract 05-157 located on Bacon Street, to be acquired in fee for
future residential development.
- Tract 05-160 which is currently used for a public walkway for
York Hall, to be acquired as an easement for continued use of the
parcel as a public walkway and open space, subject to conditions
limiting development or excavation, such easement to terminate upon
discontinuance of use as a pedestrian walkway.
- Tract 05-163 located off Main Street near Route 17, to be
acquired in fee for a future storm water retention basin.
- Tract 01-136 located along Ballard Street to be acquired as an
easement for a pedestrian trail along Ballard Street from
Bacon Street to Read Street.
- Tract 05-167 located on Church Street to be acquired as an
easement, which could be used for a future building for the Fife and
Drum Corps; and
WHEREAS, the County desires to develop, maintain and
use the following National Park Service Property as identified in the
County Administrator’s memorandum under renewable land use agreements:
- "Yorktown Riverwalk Connection Property" for the Riverwalk
Project.
- "York River Waterfront Property at Yorktown Creek" for the
Riverwalk Project.
- "York River Picnic Area Property in order to improve and
maintain the beach area, picnic area, restrooms, and parking
facilities.
- "Ballard Street to Church Street Road Way Connection Property"
in order to construct a connection road between Ballard Street to
the National Park Service Parking lot on Church Street.
- "Archer Cottage Parking Lot Property" for the construction of a
new parking lot near the Archer Cottage; and
Whereas, the Board is willing to acquire the
above-described interests in real property in exchange for the County’s
property located on Cook Road and the payment by the County to the
National Park Service of the sum of Fifty-Six Thousand Three Hundred
Dollars ($56,300.00) to equalize the value of the exchange as determined
by independent appraisals;
NOW, THEREFORE, BE IT RESOLVED by the York County
Board of Supervisors this the 18th day of March, 2003, that the County
Administrator be, and he hereby is, authorized to exchange property with
the National Park Service as outlined above and to procure services and
to do all things necessary associated with the proposed land exchange
and with the National Park Service Land Use Agreements without further
action by this Board, all deeds and other documents to be approved as to
form by the County Attorney, provided that the total cost of said
purchases shall not exceed available funding.
BE IT FURTHER RESOLVED that the County Administrator
be and is hereby authorized to execute National Park Service Land Use
Agreements for the five National Park Service properties outlined above.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Shepperd, Zaremba, Burgett
Nay: (0)
AMENDMENTS TO THE YORK COUNTY CODE: REGIONAL JAIL
ADMISSIONS PROCESSING FEE
Mr. Barnett made a presentation on proposed
Ordinance No. 03-7 to add a new section to the York County Code to
impose a $25.00 processing fee upon admissions to a County or Regional
Jail, and to amend Section 1-14.1 to impose a $5.00 assessment as part
of costs in criminal and traffic convictions in the Juvenile and
Domestic Relations District Court.
Chairman Burgett called to order a public hearing
on proposed Ordinance No. 03-7 which was duly advertised as required by
law and is entitled:
AN ORDINANCE TO ADD A NEW SECTION 1-14.2 TO
CHAPTER 1, GENERAL PROVISIONS, TO IMPOSE A $25.00 PROCESSING FEE
UPON ADMISSIONS TO A COUNTY OR REGIONAL JAIL, AND AMENDING
SECTION 1-14.1 TO IMPOSE A $5.00 ASSESSMENT AS PART OF COSTS IN
CRIMINAL AND TRAFFIC CONVICTIONS IN JUVENILE AND DOMESTIC
RELATIONS DISTRICT COURT
There being no one present who wished to speak
concerning the subject ordinance, Chairman Burgett closed the
public hearing.
Mrs. Noll then moved the adoption of proposed
Ordinance R03-7 which reads:
AN ORDINANCE TO ADD A NEW SECTION 1-14.2 TO
CHAPTER 1, GENERAL PROVISIONS, TO IMPOSE A $25.00 PROCESSING FEE
UPON ADMISSIONS TO A COUNTY OR REGIONAL JAIL, AND AMENDING
SECTION 1-14.1 TO IMPOSE A $5.00 ASSESSMENT AS PART OF COSTS IN
CRIMINAL AND TRAFFIC CONVICTIONS IN JUVENILE AND DOMESTIC
RELATIONS DISTRICT COURT
WHEREAS, Section 15.2-1613.1 of the Code of Virginia
provides that any county or city by ordinance may authorize a processing
fee not to exceed $25.00 to be imposed on any individual admitted to a
county, city, or regional jail following conviction; and
WHEREAS, the York County Board of Supervisors desires
to impose a $25.00 processing fee, as so authorized; and
WHEREAS, by Ordinance 02-20, the York County Board of
Supervisors adopted County code section 1-14.1 to authorize a $5.00
assessment as part of costs in criminal or traffic convictions as
authorized by Code of Virginia section 53.1-120, such assessment having
been levied only in the general district court and the circuit court of
York County; and
WHEREAS, the Board desires to amend County code
section 1-14.1 to make the $5.00 processing fee applicable in the
juvenile and domestic relations district court as well as in the general
district court and circuit court.
NOW, THEREFORE, BE IT ORDAINED, by the York County
Board of Supervisors that the County Code of York County is hereby
amended by adding a new section 1-14.2, and by amending section 1-14.1,
as follows:
Sec. 1-14.1. Same—Assessments for civil and criminal
convictions for the Funding of Courthouse Security Personnel.
Pursuant to Code of Virginia section 53.1-120, the
sum of five dollars ($5.00) is hereby assessed as part of the costs in
each criminal and traffic conviction in the district courts or circuit
court of York County in which the defendant is convicted of any statute
or ordinance, for the purpose of funding courthouse security personnel.
The assessment shall be collected by the clerk of court in which the
case is heard and remitted to the treasurer of the County of York,
Virginia, to be held by the treasurer subject to appropriation by the
board of supervisors to the sheriff’s office. This provision shall
expire on July 1, 2004, unless the Virginia General Assembly shall duly
amend Code of Virginia Section 53.1-120(D) to extend or eliminate the
expiration date set out therein, in which event this County Code section
1-14.1 shall continue in effect for so long as authorized by the
statute, as amended.
BE IT FURTHER ORDAINED by the York County Board of
Supervisors that the County Code of York County is hereby amended by
adding a new section 1-14.2 as follows:
Sec. 1-14.2. Same—processing fee upon admission to
county or regional jail following a conviction.
A processing fee of twenty-five dollars ($25.00)
shall be assessed by the district courts and circuit court of York
County on any individual admitted to a county or regional jail following
conviction in such court. Such fee shall be ordered as a part of court
costs collected by the clerk of the court in which the conviction
occurred and deposited into the account of the county treasurer. The
treasurer shall hold such funds in a separate account subject to
disbursement by the board of supervisors to the sheriff's office to
defray the costs of processing arrested persons into the local or
regional jails.
On roll call the vote was:
Yea: (5) Wiggins, Shepperd, Zaremba, Noll, Burgett
Nay: (0)
UTILITY EASEMENT VACATION
Mr. Barnett made a presentation on proposed
Ordinance No. 03-10 to vacate a utility easement in the Panther Place
Subdivision.
Chairman Burgett called to order a public hearing
on proposed Ordinance No. 03-10 which was duly advertised as required by
law and is entitled:
AN ORDINANCE TO VACATE A PORTION OF A
DRAINAGE AND UTILITY EASEMENT AFFECTING CERTAIN PARCELS ALONG
WILKINS DRIVE IN PANTHER PLACE SUBDIVISION
There being no one present who wished to speak
concerning the subject ordinance, Chairman Burgett closed the
public hearing.
Mrs. Noll then moved the adoption of proposed
Ordinance No. 03-10 which reads:
AN ORDINANCE TO VACATE A PORTION OF A
DRAINAGE AND UTILITY EASEMENT AFFECTING CERTAIN PARCELS ALONG
WILKINS DRIVE IN PANTHER PLACE SUBDIVISION
WHEREAS, by recordation of the subdivision plat for
Panther Place subdivision, among the land records of York County, in
Plat Book 12, page 47, various drainage and utility easements were
created; and
WHEREAS, the County's Department of Environmental and
Development Services has determined that a certain portion of the
dedicated drainage and utility easements, namely, that portion of such
easements lying across Lots 2, 3 and 4, and a portion of Lot 1, as shown
on the subdivision plat, are superfluous and may be vacated; and
WHEREAS, following a duly advertised public hearing,
the Board has determined that the vacation of the superfluous easements
is in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the York County
Board of Supervisors this 18th day of March, 2003, that the
County Administrator be, and is hereby authorized, for and on behalf of
the Board, to execute an instrument vacating a certain portion of a
drainage and utility easement shown on the subdivision plat for Panther
Place, and recorded among the York County land records in Plat Book 12,
page 47, and namely, that portion of a 20' drainage and utility easement
lying across the westernmost borders of Lots 2, 3, and 4, and lying ten
feet on either side of the common boundary line of Lots 1 and 2, such
deed to be approved as to form by the County Attorney, and recorded
among the land records of York County.
On roll call the vote was:
Yea: (5) Shepperd, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
CONSENT CALENDAR (continued)
Item No. 6. APPROPRIATION FOR HAMPTON ROADS
METROPOLITAN MEDICAL RESPONSE SYSTEM: Proposed Resolution R03-56.
(Removed from the Consent Calendar)
Chairman Burgett asked if the $125,000 given to
the County by the Hampton Roads Planning District Commission would be
reappropriated to the correct people.
Mr. McReynolds stated it would.
Chairman Burgett then moved proposed Resolution
R03-56 which reads:
A RESOLUTION TO APPROPRIATE FUNDING AS
COMMITTED BY THE HAMPTON ROADS PLANNING DISTRICT COMMISSION AND
TO AUTHORIZE THE COUNTY ADMINISTRATOR TO PURCHASE COMMUNICATIONS
EQUIPMENT FOR THE HAMPTON ROADS METROPOLITAN MEDICAL RESPONSE
SYSTEM
WHEREAS, the Hampton Roads Metropolitan Medical
Response System (HRMMRS) has been developed to provide major medical
response support to the Hampton Roads localities including York County,
as a result of weapons of mass destruction/terrorism incidents and/or
other major disasters with significant victims; and
WHEREAS, the Hampton Roads Planning District
Commission (HRPPDC) serves as the fiscal agent for the HRMMRS and, as
such, has committed to funding and has authorized through a purchase
order the County to procure on behalf of the HRPDC certain HRMMRS
communications equipment.
WHEREAS, it is the policy of the Board of Supervisors
that all procurements of goods and services by the County involving the
expenditure of $30,000 or more be submitted to the Board for its review
and approval; and
WHEREAS, the County Administrator has determined that
the following procurement is necessary and desirable, that it involves
the expenditure of $30,000 or more, and that all applicable laws,
ordinances and regulations have been complied with;
NOW, THEREFORE, BE IT RESOLVED by the York County
Board of Supervisors this 18th day of March, 2003, that the
County Administrator be, and hereby is, authorized to execute
procurement arrangements for communications equipment, without further
action by the Board, provided that all purchases do not exceed funds
available for said purpose approved by the Board of Supervisors.
BE IT FURTHER RESOLVED that funds in the total amount
of $125,000 be, and hereby are, appropriated in County Capital Fund for
the purchase of communications equipment for use in the Hampton Roads
Metropolitan Medical Response System.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Shepperd, Burgett
Nay: (0)
Item No. 9. PURCHASE AUTHORIZATION: Proposed
Resolution R03-50 (Removed from the Consent Calendar)
Mr. Zaremba asked if the County had similar
contracts for the other youth programs such as baseball, football, etc.
Mrs. Anne Smith, Director of Community Services,
appeared to address Mr. Zaremba’s concerns. She stated the County had a
variety of small contracts that allow the necessary expertise whether
it’s officiating or instructional contracts through the Parks and
Recreation Division. She stated the contracts were compiled through
cooperative efforts between the County Attorney’s office and the staff
of Parks and Recreation.
Mr. Zaremba then moved proposed Resolution R03-50
which reads:
A RESOLUTION TO AUTHORIZE THE COUNTY
ADMINISTRATOR TO EXECUTE A THREE-YEAR CONTRACT FOR SERVICES OF
SOCCER OFFICIALS
WHEREAS, it is the policy of the Board of Supervisors
that all procurements of goods and services by the County involving the
expenditure of $30,000 or more be submitted to the Board for its review
and approval; and
WHEREAS, the County Administrator has determined that
the following procurement is necessary and desirable, that it involves
the expenditure of $30,000 or more, and that all applicable laws,
ordinances, and regulations have been complied with;
NOW, THEREFORE, BE IT RESOLVED by the York County
Board of Supervisors this 18th day of March, 2003, that the
County Administrator be, and hereby is, authorized to execute
procurement arrangements for the following:
AMOUNT
Soccer Officials services (3 years) $36,120
On roll call the vote was:
Yea: (5) Noll, Wiggins, Shepperd, Zaremba, Burgett
Nay: (0)
CLOSED MEETING. At 8:43 p.m. Mr. Shepperd
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.
On roll call the vote was:
Yea: (5) Wiggins, Shepperd, Zaremba, Noll, Burgett
Nay: (0)
Meeting Reconvened. At 8:50 p.m. the meeting was
reconvened in open session by order of the Chair.
Mrs. Noll moved the adoption of proposed
Resolution SR-1 that reads:
A RESOLUTION TO CERTIFY COMPLIANCE WITH THE
FREEDOM OF INFORMATION ACT REGARDING MEETING IN CLOSED MEETING
WHEREAS, the York County Board of Supervisors has
convened a closed meeting on this date pursuant to an affirmative
recorded vote and in accordance with the provisions of the Virginia
Freedom of Information Act; and
WHEREAS, Section 2.2-3711.1 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 18th day of March, 2003, 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, Wiggins, Burgett
Nay: (0)
APPOINTMENT TO THE TRANSPORTATION SAFETY COMMISSION
Mr. Zaremba moved the adoption of proposed
Resolution R03-46 that reads:
A RESOLUTION TO APPOINT A MEMBER TO THE YORK
COUNTY TRANSPORTATION SAFETY COMMISSION
WHEREAS, Charlotte L. Haywood will complete her term
on the York County Transportation Safety Commission on March 31, 2003;
and
WHEREAS, Ms. Haywood does not wish to be considered
for reappointment;
NOW, THEREFORE, BE IT RESOLVED by the York County
Board of Supervisors this the 18th day of March, 2003, that
the following individual be, and is hereby, appointed to serve on the
York County Transportation Safety Commission for a term to begin on
April 1, 2003 and expire on March 31, 2006:
Scott M. Bergeron
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Shepperd, Burgett
Nay: (0)
APPOINTMENT TO THE PENINSULA DISABILITY SERVICES
BOARD
Mr. Shepperd moved the adoption of proposed
Resolution R03-53 that reads:
A RESOLUTION TO REAPPOINT A YORK COUNTY
GOVERNMENTAL REPRESENTATIVE TO THE PENINSULA DISABILITIES
SERVICES BOARD
BE IT RESOLVED by the York County Board of
Supervisors this 18th day of March, 2003, that Francis J.
Rogers, be and he is hereby, reappointed to the Peninsula Disabilities
Services Board for a term of three years, such term to begin on April 1,
2003, and end March 31, 2006.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Shepperd, Zaremba, Burgett
Nay: (0)
APPOINTMENT TO THE COLONIAL COMMUNITY CRIMINAL
JUSTICE BOARD
Mr. Wiggins moved the adoption of proposed
Resolution R03-57 that reads:
A RESOLUTION TO APPOINT A YORK COUNTY
REPRESENTAATIVE TO THE COLONIAL COMMUNITY CRIMINAL JUSTICE BOARD
BE IT RESOLVED by the York County Board of
Supervisors this 18th day of March, 2003, that Walter C.
Zaremba, be, and he is hereby, appointed as a York County representative
to the Colonial Community Criminal Justice Board to fill the unexpired
term of Thomas G. Shepperd, Jr., such term to begin immediately and
expire December 31, 2003.
On roll call the vote was:
Yea: (5) Wiggins, Shepperd, Zaremba, Noll, Burgett
Nay: (0)
APPOINTMENT TO THE STORMWATER ADVISORY COMMITTEE
Mrs. Noll moved the adoption of proposed
Resolution R03-41 that reads:
A RESOLUTION TO APPOINT MEMBERS TO THE
STORMWATER ADVISORY COMMITTEE
BE IT RESOLVED by the York County Board of
Supervisors this the 18th day of March, 2003, that the
following individuals be, and they are hereby, appointed as voting
members to the York County Stormwater Advisory Committee, such
appointments to take effect immediately, and expire on March 31, 2007.
William R. Beechel District 2
Christopher Garrett At-Large
On roll call the vote was:
Yea: (5) Shepperd, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Meeting Adjourned. At 9:52 p.m. Mr. Shepperd
moved that the meeting be adjourned to 6:00 p.m., Thursday, March 20,
2003, 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, Shepperd, 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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