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Adjourned Meeting
March 27, 2001
6:30 p.m.
Meeting Convened. An Adjourned Meeting of the York County
Board of Supervisors was called to order at 6:30 p.m., Tuesday, March
27, 2001, in the East Room, York Hall, by Chairman James S. Burgett.
Attendance. The following members of the Board of
Supervisors were present: Walter C. Zaremba, Donald E. Wiggins, James S.
Burgett, and H. R. Ashe.
Sheila S. Noll was absent.
Also in attendance were James O. McReynolds, County Administrator;
and James E. Barnett, County Attorney.
WORK SESSION
CAPITAL IMPROVEMENTS PROGRAM (CIP) ISSUES
Mr. McReynolds reviewed the CIP requests for the following
projects:
Telephone System Upgrade
Back Creek Park Fencing and Lighting
Park Design
Schenck Estates Water and Sewer
Stormwater Funding
Mrs. Noll arrived at 6:33 p.m.
Discussion followed regarding the original installation of the
current telephone system and the needed upgrade. Staff displayed for the
Board members photographs of the poor condition of the lighting
facilities at Back Creek Park, and discussion ensued on the merits of
replacement versus repair on the equipment. The Board briefly reviewed
the need for park design and involvement by the Parks and Recreation
Advisory Board. The timing of the sewer and water projects for Schenck
Estates was reviewed and discussed.
Chairman Burgett then noted he did not feel there was a need for
any further work sessions on the proposed FY2002 Budget.
Mrs. Noll and Mr. Wiggins expressed their agreement with Chairman
Burgett.
Mr. McReynolds then briefly reviewed the topics that would be
discussed at the April 3 work session.
UNFINISHED BUSINESS
PROCUREMENT ISSUES
Mr. McReynolds provided the Board members with an overview of the
procurement process, stating that Mr. Barnett would go over some of the
legal definitions. He explained that funds were budgeted in the
operating or capital budgets; and, once approved, the requesting
department developed specifications for the project. In order to do
this, staff uses a set of standards developed in cooperation with
neighboring jurisdictions through the Hampton Roads Planning District
Commission which allows the contractors a better understanding of what
is being asked for and gives a better comparison of the bids. The
specifications are then forwarded to the Purchasing Division which is
followed by the County Attorney's legal review. Once the contracts and
specifications are in order, the bid is advertised. The advertisement
specifies a specific place, date, and time when the bids will be opened.
At that time they are opened and read aloud with the bid and bidder
being recorded. The bids are then verified for their responsiveness
regarding quantities and quality, the math checked, and all specific
requirements reviewed. If the bid is found to be responsive, it is then
reviewed for responsibility. The staff checks references, performance on
other County jobs, the company's financial position, vendor staff
credentials, and equipment to be used. Finally, there is a bid award
with the recommendation being the award to the lowest responsive and
responsible bidder.
Mr. Wiggins asked if the bidders could be screened before the job
was bid.
Mr. McReynolds indicated that from time to time, depending on the
nature of the project, there may be a prequalification for a project.
Mr. Barnett noted that it may be done if the locality has an
ordinance allowing it to do so, and York has such an ordinance.
Mr. McReynolds stated that most of the County's projects are
standard construction. With the vacuum sewer system, staff used
prequalification. He stated a pre-bid conference is not uncommon.
Mr. Barnett then reviewed the legal meanings of
"responsive" and "responsible."
Mr. Wiggins stated if a contractor submits a bid for a particular
job, and the bid is considered to be responsive and responsible and is
the lowest bidder, the Board doesn't have the authority to deny him the
project because of something he has done that has nothing to do with his
ability to perform the work outlined in the project.
Mr. Barnett indicated Mr. Wiggins was correct, and he explained
that an appeal process exists for those bidders that have been deemed to
be non-responsive.
Mr. Zaremba stated it would seem to him that in the selection and
award process the staff should look for discriminators when the bids are
close. In the case of the Dare sewer and water contract, the low bidder,
who does work in the County, has a reputation for being non-responsive.
He stated he couldn't believe that the contractor's actions wouldn't
fall within the parameters of what the County Attorney was saying was an
allowable part of the review process. He stated the Board of Supervisors
should not be involved in the contract selection process. The only time
the Board should be involved is when something appears to be
inconsistent with the statutes. Mr. Zaremba stated it was not his
intention for the Board to take action on the Dare sewer and water
contract award at this meeting, but only to bring to the attention of
the Board the information it needed to make a decision. He noted he
understood this matter was time-sensitive, but he asked if the Board
would agree to wait until April 3 to act on it.
Mr. McReynolds indicated it would be difficult to have all the
paperwork completed between April 3 and April 11 when all the bids would
no longer be valid.
Mr. Zaremba stated he would like to know whether or not the
contractor's performance on Fenton Mill Road was a part of the
evaluation process used by staff.
Mr. McReynolds indicated that staff was aware of the fact that
this was a sensitive issue. Staff has looked at the criteria and found
that for sewer construction purposes the lowest bidder in this case was
responsive and responsible. Based on discussions with Mr. Barnett, staff
sees no reason to disqualify the low bidder.
Mr. Barnett stated the question that must be asked is whether or
not the issue that took place on the contractors own property has any
bearing on whether or not he can perform this contract. He has done work
for the County before and completed it to the staff's satisfaction.
Chairman Burgett noted that Mr. Waltrip did the Calthrop Neck Road
project, and he asked if he had a good reputation for that project.
Mr. John Hudgins, Director of Environmental and Development
Services, stated Mr. Waltrip has done 44 percent of two sewer projects
for the County, and he has done a very good job for the County regarding
these projects.
Discussion followed on the criteria to be reviewed in assessing
bidders for responsiveness and responsibility in performance of a
contract.
Mr. Zaremba stated he would like to know if Mr. Waltrip's previous
performance on his property in the upper part of the County was taken
into consideration when reviewing the bids for the Dare sewer and water
project.
Chairman Burgett indicated that the Board would defer action on
the Dare water and sewer contract until l April 3 in order to give
citizens the chance to speak on this issue.
Mrs. Noll stated she would hope that people would speak only to
the issue at hand and not to all the other problems they have with Mr.
Waltrip.
Mr. Ashe stated he lives off Calthrop Neck Road, and Mr. Waltrip
was the contractor for 16 months on the project there. He stated Mr.
Waltrip did an excellent job under very tough conditions. As far as his
ability to perform, Mr. Ashe stated Mr. Waltrip did an excellent job on
Calthrop Neck Road.
NEW BUSINESS
REQUEST FOR GENERAL ASSEMBLY TO CONVENE TO ADDRESS BUDGET
Mr. McReynolds briefly reviewed proposed Resolution R01-68 which
requests the Governor and the members of the General Assembly to
reconvene in session to address the budget shortfall for the second year
of the biennium.
Mrs. Noll noted that the Chambers of Commerce had also adopted a
similar resolution.
Mrs. Noll then moved the adoption of proposed Resolution R01-68
that reads:
A RESOLUTION TO REQUEST THAT THE MEMBERS OF THE VIRGINIA GENERAL
ASSEMBLY AND THE GOVERNOR RECONVENE A SESSION FOR THE PURPOSE OF
APPROVING AMENDMENTS TO THE 2000-2002 BIENNIAL BUDGET
WHEREAS, the 2001 session of the Virginia General Assembly
adjourned on February 24 without agreement between the House of
Delegates, the Senate of Virginia, and the Governor to amend the state
budget for the second year of the biennium; and
WHEREAS, the state budget approved during the 2000 session of the
Virginia General Assembly will remain in effect until a budget agreement
is reached that reflects the changes in revenues and needs for the next
fiscal year; and
WHEREAS the revenue projections upon which the 2000 budget was
based have not been met, and a revenue shortfall of more than $420
million must be addressed, while state revenue projections for 7 percent
growth in 2002 are in question; and
WHEREAS, absent a budget agreement approved by the Virginia
General Assembly, the Governor will have to cut services and programs in
order to meet the Constitutional requirement for a balanced budget, and
is prohibited by law from appropriating new funds; and
WHEREAS, the impact of this situation on local governments is
significant and immediate because of reduced state aid to localities,
and the elimination of second year funding for items such as salary
increases for teachers, constitutional officers, and state-funded local
employees; and
WHEREAS, the further impact of budget cuts and the failure to fund
second year needs is certain to be extensive and unnecessarily harmful
to citizens, schools, colleges and universities, cultural facilities,
and the business community; and
WHEREAS, citizens of York County have elected two Delegates and
two Senators to serve in the Virginia General Assembly and to
participate in the process of deciding state budget priorities,
including those that reflect local priorities;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 27th day of March, 2001, that it does hereby urge and
request members of the Virginia General Assembly and the Governor to
reconvene a session of the General Assembly for the purpose of approving
amendments to the 2000-2002 biennial budget to reflect the revenue
shortfall and the responsibilities for services shared with local
government.
BE IT FURTHER RESOLVED that the County Administrator is hereby
directed to transmit copies of this resolution to all members of the
York County General Assembly delegation, and to the Honorable Governor
of the Commonwealth.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
PENINSULA ALLIANCE FOR ECONOMIC DEVELOPMENT (PAED) (Not on Agenda)
Mr. McReynolds noted that Mr. Wiggins had asked Mr. Noel to be
present to address questions he had on the PAED.
Mr. Wiggins noted that the County spends approximately $96,000 a
year on the PAED, and he asked Mr. Noel to familiarize the citizens on
the use of that money.
Mr. James Noel, Director of Economic Development, stated the
Alliance is a regional marketing entity that promotes all the businesses
on the Peninsula. It attracts new business investment into the
communities. The Alliance has also adopted a second objective of
Workforce Development to insure the Peninsula has the most effective
workforce possible. Mr. Noel went on to explain how this aspect of the
program works with businesses to provide training to meet the needs
identified by the people who need them. He spoke of the new Workforce
Development Center that will be built at Thomas Nelson Community College
which will be a state-of-the-art facility to help provide needed
training. Mr. Noel then explained how the primary vehicle used to
attract new industry to the area are marketing missions where members of
the Alliance, local businesses, and local economic development
representatives form teams to go out and promote the Peninsula. He noted
teams have gone to Northern Virginia and will be going to Canada soon.
Mrs. Noll then noted that Thomas Nelson Community College was
officially designated as a multi-campus educational facility because it
had dedicated a new campus in the upper end of York County, and she
stated she was pleased to see educational opportunities being brought in
to this area.
Meeting Adjourned. At 8:03 p.m. Chairman Burgett declared the
meeting adjourned to 5:00 p.m., Tuesday, April 3, 2001, in the East
Room, York Hall, for the purpose of conducting a work session.
_____________________________
_______________________________
James O. McReynolds, Clerk
James S. Burgett, Chairman
York County Board of Supervisors
York County Board of Supervisors
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