BOS Minutes 10/03/00 Regular Meeting

Regular Meeting
October 3, 2000
7:00 p.m.

Meeting Convened. A Regular Meeting of the York County Board of Supervisors was called to order at 7:00 p.m., Tuesday, October 3, 2000, in the Board Room, York Hall, by Chairman Walter C. Zaremba.

Attendance. The following members of the Board of Supervisors were present: Walter C. Zaremba, Sheila S. Noll, Donald E. Wiggins, James S. Burgett, and Melanie L. Rapp.

Also in attendance were Daniel M. Stuck, County Administrator; and James E. Barnett, County Attorney.

Invocation. Miss Lindsay Bowman, York County Youth Commission, gave the Invocation

Pledge of Allegiance to the Flag of the United States of America. Chairman Zaremba led the Pledge of Allegiance.

PRESENTATIONS

YORK COUNTY YOUTH COMMISSION

Mr. Daniel Shean, Chairman, presented the Board with the Youth Commission's first quarterly report for FY2001. He indicated the Commission was off to a productive start, that its orientation session was held August 31, and its first official meeting was held on September 6. Projects the Commission will be addressing during the year include participation in the Yorktown Day festivities, revision of the Commission's website, conducting a County-wide dance in January, planning for a youth trip during the school year, and changes to the bylaws to increase the Commission's membership. Mr. Shean indicated that October 9-13 was Youth Week, and he explained the Commission's involvement in the week's activities.

CLEAN BUSINESS AWARDS

Mrs. Laurie Halperin, York County Beautification and Recycling Coordinator, introduced representatives from the following businesses while displaying a video presentation of their beautification efforts, and Chairman Zaremba presented each with the Clean Business Award plaques for the fourth quarter of 2000.

Upper County      CVS Pharmacy
Middle County    On The Hill Cultural Arts Center
Lower County      American Eastern, Inc.

WILLIAMSBURG REGIONAL LIBRARY

Mr. John Moorman, new Director of the Williamsburg Regional Library, introduced himself to the Board members and stated it was his intent to meet with the Board each year to report on the activities of the library and to work with the Board regarding the financial arrangement with the County to provide library services to the citizens of York County.

YMCA COMMUNITY CENTER

Mrs. Anne B. Smith, Director of Community Services, provided the Board with an update on the status of the YMCA community center project. She provided background information regarding the property for the center and the commitment to the center by the Board of Supervisors. She spoke of the funding arrangements for the project, noting that $4.2 million must come from the YMCA for the construction of the center within a five-year timeframe. She stated the YMCA believes it will break ground within the next 12 months, and she indicated that after each progress meeting held on the center, a written status report will be provided to the Board members. Mrs. Smith displayed for the Board an architectural rendering of the new building, and she indicated the YMCA was preparing to move into the public fundraising campaign to raise the remaining funding needed to start construction. She also discussed the public relations initiatives to keep the citizens informed of the center's progress.

Mr. Burgett asked how long construction would take once the groundbreaking had taken place.

Mrs. Smith stated the contract agreement actually allows five years for the project to be completed, but the actual construction, once begun, should not take much more than a year. She noted the YMCA was not moving as fast as it had originally hoped.

CITIZENS COMMENT PERIOD

No one appeared to speak at this time.

COUNTY ATTORNEY REPORTS AND REQUESTS

Mr. Barnett issued a last call for topics from the Board to include in the proposed 2001 Legislative Program, stating he would like to get the package out to the Board prior to the work session on October 24.

COUNTY ADMINISTRATOR REPORTS AND REQUESTS

Mr. Stuck indicated he had provided the Board members with a memorandum on the new Cox Cable rate increase that will take place in November which included figures showing the increases since 1996 when Cox took over from Continental Cablevision. He noted the rates have risen approximately 30 percent in the four-year period. He informed the Board the only action it could take would be to lodge a complaint with the federal authorities regarding the inability of the localities to have any input into the rate structures of cable television providers.

Mr. Burgett asked if there was a cap for increases in the agreement.

Mr. Stuck indicated there was no cap set.

Discussion followed concerning Cox's efforts to move towards a unified rate structure for area localities.

Mr. Stuck then noted that the Board's next work session was scheduled for October 10 to start discussions on the FY2002 budget process. He indicated the broadcast equipment in the East Room was now working, but this meeting would be taped and aired on Cable Channel 46 at a later time. If the taping goes well, the Board's work sessions will be aired live beginning October 24. Mr. Stuck also reminded the Board members of the employee picnic scheduled for October 7 from 11:30 a.m. to 2:30 p.m.

MATTERS PRESENTED BY THE BOARD

Mrs. Noll announced that October 8-13 was Fire Prevention Week, and York County's fire stations would be hosting open houses for the citizens. She encouraged residents to visit the County's fire stations.

Mr. Wiggins announced that former Fire Marshal Bill Kline passed away last weekend. He also noted that the lights were now operating on the athletic fields at Seaford Elementary School.

Miss Rapp stated her second constituent meeting would be held this Thursday at 7:00 p.m. at the Tabb Library Meeting Room. Sheriff Diggs, Clerk of Circuit Court Lynn Jenkins, and hopefully Commonwealth's Attorney Eileen Addison would be present to answer questions of the citizens attending.

Mr. Burgett noted he conducted his first constituent meeting at the Tabb Library last evening, and the subject of abandoned and vacant buildings was brought up.

Mr. Stuck indicated that as a result of Mr. Burgett's comments concerning abandoned and vacant buildings on September 22, a staff committee was set up to study the issue. All the efforts to work on Route 17 thus far were reviewed, and the committee put in motion a review of the County ordinances that would include regulations regarding such buildings. The next meeting of the Committee will be held November 1 at which time a report will be made, and staff may be asking the Board to include something in its legislative program to respond to this issue. Mr. Stuck also stated that hopefully staff will have some recommendations for necessary changes to the County ordinances.

Mr. Burgett stated another topic brought up at his constituent meeting was the amount of money being spent on Yorktown. He explained to the attendees that the money came from the Tourism Fund which was providing most of the funding for the Yorktown projects and that utility funds have been set aside for many years for the purpose of undergrounding utilities in Yorktown. Mr. Burgett indicated that other topics discussed at the meeting were speed limit signs and lane markings that he intended to bring up with the VDOT Resident Engineer. He also indicated that the subject of the community center was brought up, and he expressed his hope that those individuals were watching this meeting to hear Mrs. Smith's earlier presentation on the center's progress.

Chairman Zaremba reiterated Mr. Burgett's comments concerning the earmarked Tourism Funds being used for the York revitalization projects, stating that everything being done in Yorktown was done only after a well thought out, analyzed process took place to ensure that everything being done was in the best interest of the citizens of the County. He then discussed the issue of needed parking facilities in Yorktown, stating the Board would like to hear from the citizens on this topic because it will be making some decisions soon. Chairman Zaremba discussed the issue of tourism and the investment being made in Yorktown to upgrade the facilities and areas of the town to make it more amenable to the tourists who visit, as well as the need to determine the direction the Board wants to take in order to increase visitation to York-town. He then discussed the City of Hampton's 311 Information Program and the recognition it has received. He stated this Board has been committed to improving communications with the citizens, and he felt Hampton's program was a very integrated approach to customer service. He asked the Board to give implementing such a program in York County some serious thought.

CONSENT CALENDAR

Chairman Zaremba asked that Item No. 8 be removed from the Consent Calendar.

Miss Rapp asked that Item Nos. 5 and 7 be removed from the Consent Calendar.

Mr. Wiggins asked that Item Nos. 4 and 6 be removed from the Consent Calendar.

Mrs. Noll moved that the Consent Calendar be approved as amended, Item Nos. 1, 2, and 3, respectively.

On roll call the vote was:

Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)

Thereupon, the following minutes were approved and resolutions adopted:

Item No. 1. APPROVAL OF MINUTES

The minutes of the September 5, 2000, Regular Meeting were approved.

Item No. 2. COMMENDATION OF HERBERT H. BATEMAN: Resolution R00-164

A RESOLUTION TO HONOR THE MEMORY OF HERBERT H. BATEMAN, UNITED STATES HOUSE OF REPRESENTATIVES, VIRGINIA FIRST DISTRICT

WHEREAS, The Honorable Herbert H. Bateman died on September 11, 2000, at the age of 72; and

WHEREAS, Mr. Bateman began his political career in 1967, winning a seat in the Virginia Senate where he served for 14 years before winning election to Congress in 1982 to represent Virginia's First District for the past 18 years; and

WHEREAS, throughout his long and admirable career, Mr. Bateman was a dominant force in the political, civic, and economic life of the people he served; and

WHEREAS, Mr. Bateman's involvement and leadership in furthering the economic well-being of the Virginia Peninsula included his work to secure Congressional funding for aircraft carriers and submarines to be built at Newport News Shipbuilding and his tireless efforts to protect local military bases and the NASA/Langley Research Center from being closed; and

WHEREAS, as a Congressman Mr. Bateman always held his constituents in high regard, listening to the hearts as well as the minds of the people of his district; and

WHEREAS, the terms "selfless, integrity, accountability, honesty, determination, and devotion," are merely a few which epitomize the character of this dedicated statesman; and

WHEREAS, the York County Board of Supervisors wishes to commend and honor the life and career of this great legislator and dedicated public servant;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 3rd day of October, 2000, that the accomplishments and contributions of Herbert H. Bateman be, and they are hereby, committed to memory as a respected example of public service at its finest.

BE IT FURTHER RESOLVED that the Board does hereby express its sincere and heartfelt sympathy to Mr. Bateman's wife Laura, his children, and his remaining family and friends as they continue on with his spirit and memory forever in their hearts.

Item No. 3. LIBRARY MANAGEMENT SERVICES AGREEMENT: Resolution R00-161

A RESOLUTION TO AUTHORIZE THE EXECUTION OF A MANAGEMENT SERVICES AGREEMENT BETWEEN THE YORK COUNTY BOARD OF SUPERVISORS AND THE YORK COUNTY LIBRARY BOARD OF TRUSTEES

WHEREAS, In Virginia, Public Libraries are the responsibility of local governments and Sections 42.1-33 and 42.1-35 of the Code of Virginia, as amended, define the roles of localities in establishing Boards of Trustees and supporting libraries for " . . . the use and benefit of its residents. . . ;" and

WHEREAS, York County offers very comprehensive library services, using local tax dollars to construct and maintain buildings, provide staff, equipment, furnishings, and collections; and

WHEREAS, it is the responsibility of the Library Board of Trustees to oversee the York County Public Library and it is the desire of the Trustees to assure that this is done in a businesslike and professional manner; and

WHEREAS, it is appropriate to define the roles and responsibilities of Board of Supervisors and Library Board of Trustees and to provide policies and procedures for the operations of the library and the management of the Library staff; and

WHEREAS, such an agreement between the York County Board of Supervisors and the Library Board of Trustees has been jointly developed by the Trustees and the staff of the County of York and is identified as "Library Management Agreement"; and

WHEREAS, the Trustees have formally acted to accept the Agreement and to ask the York County Board of Supervisors to authorize execution of this document;

NOW THEREFORE BE IT RESOLVED by the York County Board of Supervisors this 3rd day of October, 2000, that the County Administrator be, and he is hereby, authorized to execute a Management Agreement between the York County Board of Supervisors and the York County Library Board of Trustees substantially similar to the draft agreement attached to the memorandum from the County Administrator to the Board of September 20, 2000, such Agreement to have an effective date of October 15, 2000.

Item No. 4. PURCHASE AUTHORIZATION: Proposed Resolution R00-157 (Removed from Consent Calendar)

Mr. Wiggins asked how many miles a car must have on it before it was replaced.

Mr. Stuck explained that mileage was not the only factor, that it was a combination of mileage and the maintenance record of the vehicle. When it is no longer financially feasible to keep a vehicle in service because of its maintenance record, it is taken out of service. Mr. Stuck explained how the transportation fund worked regarding the replacement of vehicles.

Mr. Wiggins then moved the adoption of proposed Resolution R00-157 that reads:

A RESOLUTION TO AUTHORIZE CONSTRUCTION OF THE UTILITIES SATELLITE SHOP PAVING PROJECT AND PURCHASE OF THREE VEHICLES

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 3rd day of October, 2000, that the County Administrator be, and hereby is, authorized to conclude procurement arrangements for the following:

AMOUNT

Utilities Satellite Shop Paving Project $39,995
Vehicles 35,461

On roll call the vote was:

Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)

Item Nos. 5 and 7. EXTENSION OF VACUUM SEWER SYSTEMS-FISHER FAMILY SUBDIVISION AND ROBBINS SUBDIVISION: Proposed Resolutions R00-146 and R00-159 (Removed from Consent Calendar)

Miss Rapp asked for an explanation of the legalities if the Board did not vote on the subject vacuum sewer extensions at this time.

Mr. Stuck explained the process for extension of the County's vacuum sewer system and the regulations followed by County staff in reviewing the requests and making recommendations to the Board. He explained the differences in addressing these requests and requests for extension to the County's gravity sewer system.

Miss Rapp asked how a subdivision was defined.

Mr. Stuck indicated a subdivision was any creation of an additional lot according to the County ordinance. He stated a request for extension does not come before the Board of Supervisors if there already exists a connection in the area that could serve the lot in question. It would be possible to have a piece of property where a connection was already provided, and a property owner could subdivide and have adequate extensions without coming to the Board.

Mr. Barnett stated he did not feel a property owner could sue the County for the right to public sewer.

Chairman Zaremba expressed his concern with the impact the extensions have on the County's infrastructure.

Mr. Stuck stated all of the County's long-range planning is done based on the Comprehensive Plan and the zoning classification of the parcels of land. Projections for student enrollment and other infrastructure are based on the statistics and information provided in the Comprehensive Plan. The extensions in question did not impact on the projections. Mr. Stuck stated he has asked Mr. Hudgins to look at the number of units existing in project areas when sewer extensions were started and compare it to the number of new units to determine how much growth these decisions of the Board have fostered. At the time the Calthrop Neck Road sewer project was being discussed, the Board was given an estimate of the number of additional homes that could be built if the system was constructed.

Chairman Zaremba stated his real concern was how the development plays out with respect to the school system and whether or not the Tabb schools will be stressed.

Miss Rapp then moved the adoption of proposed Resolutions R00-146 and R00-159 that read:

Proposed Resolution R00-146:

A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S VACUUM SEWER COLLECTION SYSTEM TO A PROPOSED SUBDIVISION OF PROPERTY ON CALTHROP NECK ROAD, AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE THE NECESSARY PUBLIC SEWER EXTENSION AGREEMENT

WHEREAS, Elmer and Gloria Fisher ("the developer") have requested that the County allow the extension of the vacuum sewer collection system to support a proposed Family Subdivision on Assessor's Parcel No. 30-230; and

WHEREAS, the family subdivision will create two additional one-acre lots, leaving 2.95 acres for the parent tract; and

WHEREAS, upon approval of the subdivision's development plan, the developer will have to enter into a public sewer extension agreement pursuant to §18.1-53(b) of the York County Code to serve the proposed development; and

WHEREAS, it has been determined that sufficient capacity exists in the County's vacuum sewer collection system to serve the proposed development, or will exist when the facilities proposed by the developer are constructed; and

WHEREAS, the Board has determined that the proposed development will not have any detrimental effect on the environment that would not otherwise occur; and

WHEREAS, the developer will pay to the County the applicable inspection and connection fees in accordance with the terms of Chapter 18.1 of the York County Code and the Sanitary Sewer Standards and Specifications; and

WHEREAS, prior to any further engineering or development of these plans, it is necessary that a determination be made as to whether the Board will authorize the extension of the vacuum sewer collection system to serve the proposed development.

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 3rd day of October, 2000, that the Board approves the extension of the County's vacuum sewer collection system to serve the proposed subdivision, and that the County Administrator be, and he hereby is, authorized to execute a public sewer extension agreement with the developer for the proposed extension; such agreement to be approved as to form by the County Attorney.

Proposed Resolution R00-159:

WHEREAS, Richard E. Adams and Christopher M. Robbins have requested that the County allow the extension of the vacuum sewer collection system to support a proposed Subdivision on Assessor's Parcel No. 20-237; and

WHEREAS, the subdivision will create an additional one-acre lot, leaving 1.02 acres for the parent tract; and

WHEREAS, the Board has determined that the proposed development will not have any detrimental effect on the environment that would not otherwise occur; and

On roll call the vote was:

Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)

Item No. 6. EXTENSION OF VACUUM SEWER SYSTEM-STRACK SUBDIVISION: Proposed Resolution R00-145 (Removed from Consent Calendar)

Mr. Wiggins stated he had reviewed the drainage problem in the subject area, and the back of the property drains to only one area. He stated he understood that the County couldn't prevent people from developing their properties if zoned properly, but it seemed to him that the drainage problems should be addressed before development took place.

Mr. Wiggins then moved the adoption of proposed Resolution R00-145 that reads:

A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S VACUUM SEWER COLLECTION SYSTEM TO A PROPOSED SUBDIVISION OF PROPERTY IN DANDY, AND AUTHORIZING THE COUNTY ADMINISTRATOR TO EXECUTE THE NECESSARY PUBLIC SEWER EXTENSION AGREEMENT

WHEREAS, Bruce E. Strack ("the developer") has requested that the County allow the extension of the vacuum sewer collection system to support a proposed subdivision on Assessor's Parcel No. 20-50; and

WHEREAS, the subdivision will create two additional one-acre lots, leaving 12.4 acres for the parent tract; and

WHEREAS, the Board has determined that the proposed development will not have any detrimental effect on the environment that would not otherwise occur; and

On roll call the vote was:

Yea: (5) Rapp, Noll, Wiggins, Burgett, Zaremba
Nay: (0)

Item No. 8. PUBLIC SEWER EXTENSION AGREEMENT-VINEYARD HEIGHTS: Proposed Resolution R00-158 (Removed from Consent Calendar)

Chairman Zaremba asked where Vineyard Heights was located and if it was a new subdivision.

Mr. Stuck indicated it was an old subdivision that had never been developed and was located on Queens Creek Road between Springfield Terrace and the newer development closer to Penniman Road. The property could yield about 97 single-family homes. He noted there were many more lots, but some will be combined.

Chairman Zaremba addressed the full capacities of Queens Lake Middle School and Magruder Elementary School, stating this number of homes would bring in a great number of students. He indicated he had the same concern about impact on the infrastructure.

Mr. Stuck stated that the numbers indicate there are no capacity problems, but there was an alignment problem. The middle school is at capacity; but based on the projected numbers of middle school students over the next years, it didn't justify an addition to the facility. He noted there was a renovation planned for the year 2005.

Chairman Zaremba stated the County has a major program to extend water and sewer to residences that have been in the County for many years but are currently dependent on well water and septic tanks. He asked how does extending these systems impact the County's ability to keep on its schedule to extend water and sewer facilities.

Mr. John Hudgins, Director of Environmental and Development Services, stated that the developer who puts the system in pays for it so there is no impact on in-house resources other than the review process. The impact of these extensions on the County's water and sewer extension program is minimal if any. The money the County receives from developer extensions helps to pay for the County's capital extension program. Mr. Hudgins stated the staff had the sewer extension process fairly streamlined.

Chairman Zaremba asked Mr. Stuck to plan a presentation to the Board regarding an update on the number of subdivisions currently under construction, and the size and the number of site plans submitted but that have not broken ground, and any other knowledge the staff has relative to a developer wanting to develop a piece of residential property.

Mr. Stuck indicated staff would provide the Board with a lot inventory.

Chairman Zaremba then moved the adoption of proposed Resolution R00-158 that reads:

A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY SEWER SYSTEM TO THE PROPOSED DEVELOPMENT, VINEYARD HEIGHTS, AND AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC SEWER EXTENSION AGREEMENT

WHEREAS, Cowles M. Spencer, Sr., 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 commercial facility; 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 $181,875.00;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this 3rd day of October, 2000, that the Board approves the extension of the County's public sewer system to serve the proposed development, Vineyard Heights, and that the County Administrator be, and he hereby is, authorized to execute a public sewer extension agreement with Cowles M. Spencer, Sr., for the proposed extension; such agreement to be approved as to form by the County Attorney.

On roll call the vote was:

Yea: (5) Noll, Wiggins, Burgett, Rapp, Zaremba
Nay: (0)

NEW BUSINESS

ROUTE 17 WIDENING PROJECT

Mr. Stuck indicated proposed Resolution R00-165 was to reconfirm the Board's commitment and desire that the Highway Department widen Route 17 south of Fort Eustis Boulevard on Route 17 where more congestion exists. He stated staff has had contact with the Resident Engineer and Mr. Cleveland since the material was presented to the Board, and a meeting has been requested as well as some information about funding the project. Mr. Stuck indicated a response has not yet been received.

Mrs. Noll moved the adoption of proposed Resolution R00-165 that reads:

A RESOLUTION TO REQUEST THE COMMONWEALTH TRANSPORTATION BOARD AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO RE-EVALUATE THE SCOPE OF THE PROPOSED ROUTE 17 WIDENING PROJECT BETWEEN ROUTE 105 AND THE COLEMAN BRIDGE

WHEREAS, the Virginia Department of Transportation is pursuing a project to widen Route 17 from four to six lanes between Route 105 (Fort Eustis Boulevard) and the Coleman Bridge; and

WHEREAS, the stated purpose of the project is to improve the approaches to the Coleman Bridge, specifically through this project and a companion project - the Route 105 corridor (to be widened from two to four lanes); and

WHEREAS, while the Board has supported the widening of this segment of Route 17 to six lanes in its endorsement of long-range regional transportation plans, so too has it supported the widening of the more heavily-congested segments south of Route 105; and

WHEREAS, the Board strongly believes that the southern segments of Route 17 should be considered a higher priority for improvement, a position presented to the Commonwealth Transportation Board most recently at its July 18, 2000 Planning and Programming Meeting, and that a less extensive plan for improvement (i.e., turning lane improvements, widening of only the section south of York High School, etc.) should be considered, with the remainder of the allocated improvement funds being directed to improvements south of Route 105; and

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors, this the 3rd day of October, 2000, that the Commonwealth Transportation Board and the Virginia Department of Transportation be, and they are hereby, respectfully requested to reconsider the scope of the proposed Route 17 widening project north of Route 105 with the objective of deferring the full length widening (four to six lanes) in favor of more modest safety and capacity enhancements.

BE IT FURTHER RESOLVED that the Board requests that any funds saved as a result of a reduced scope be redirected toward improvements (six lanes, turning lanes, etc.) to the more heavily congested southern segments of Route 17 which, in the Board's opinion, deserve a much higher priority for funding at the present time.

BE IT STILL FURTHER RESOLVED, that the County Administrator be, and he is hereby, authorized to convey the Board's position to the Commonwealth Transportation Board and the Virginia Department of Transportation and to take such other actions as he deems appropriate to urge consideration of the County's position and to communicate the County's position with officials at the regional and state level.

On roll call the vote was:

Yea: (5) Wiggins, Burgett, Rapp, Noll, Zaremba
Nay: (0)

CLOSED MEETING. At 8:25 p.m. Mr. Burgett moved that the meeting be convened in Closed Meeting pursuant to Section 2.1-344(a)(1) of the Code of Virginia pertaining to appointments to Boards and Commissions.

On roll call the vote was:

Yea: (5) Burgett, Rapp, Noll, Wiggins, Zaremba
Nay: (0)

Meeting Reconvened. At 8:31 p.m. the meeting was reconvened in open session by order of the Chair.

Miss Rapp moved the adoption of proposed Resolution SR-1 that reads:

A RESOLUTION TO CERTIFY COMPLIANCE WITH THE FREEDOM OF INFORMATION ACT REGARDING MEETING IN CLOSED MEETING

WHEREAS, the York County Board of Supervisors has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of the Virginia Freedom of Information Act; and

WHEREAS, Section 2.1-344.1 of the Code of Virginia requires a certification by the York County Board of Supervisors that such closed meeting was conducted in conformity with Virginia law;

NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors this the 3rd day of October, 2000, 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 meet-ing were heard, discussed, or considered by the York County Board of Supervisors.

On roll call the vote was:

Yea: (5) Rapp, Noll, Wiggins, Burgett, Zaremba
Nay: (0)

Meeting Adjourned. At 8:32 p.m. Chairman Zaremba declared the meeting adjourned to 6:30 p.m., Tuesday, October 10, 2000, in the East Room, York Hall, for the purpose of conducting a work session.

_____________________________                        _______________________________
Daniel M. Stuck, Clerk                                            Walter C. Zaremba, Chairman
York County Board of Supervisors                          York County Board of Supervisors

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