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Regular Meeting
June 5, 2001
6:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board of
Supervisors was called to order at 7:00 p.m., Tuesday, June 5, 2001, in
the Board Room, York Hall, by Chairman James S. Burgett.
Attendance. The following members of the Board of
Supervisors were present: Walter C. Zaremba, Sheila S. Noll, Donald E.
Wiggins, James S. Burgett, and H. R. Ashe.
Also in attendance were James O. McReynolds, County Administrator;
and James E. Barnett, County Attorney.
Invocation. Adam Parker, York County Youth Commission, gave
the Invocation.
Pledge of Allegiance to the Flag of the United States of
America. Chairman Burgett led the Pledge of Allegiance.
PRESENTATIONS
EMPLOYEE RECOGNITION PROGRAM
Chairman Burgett recognized and congratulated James Rindfleisch,
Department of Environmental and Development Services, on attaining 20
years of service with York County, and he presented Mr. Rindfleisch with
his 20-year service pin and certificate.
Mr. Tom Gallagher made a short presentation regarding Mr.
Rindfleisch's tenure with the County.
YORK COUNTY YOUTH COMMISSION
Mr. Daniel Shean, Chairman of the York County Youth Commission,
gave the last quarterly report of the 2000-2001 Youth Commission. He
reviewed the activities/involvement of the Commission during the
quarter, including:
Zweibrucken Student Exchange Program
Daily Press Youth Forum
Youth Commission Logo Contest
Donation of funds to Operation Smile and the York County
Women's Food Closet
Trash Pickup Project
Mr. Shean extended the gratitude and thanks of the entire
membership to Mr. Rick Smethurst and Mrs. Diane Fulton for their
guidance during the past year, and to Mr. Burgett and Mr. Ashe for their
support.
Mr. Ashe indicated the Youth Commissioners this past year did a
tremendous job, and it was a pleasure and an honor to work with such an
intelligent and talented group of young people
Chairman Burgett then reviewed the list of accomplishments of the
2000-2001 Youth Commission that took place during the first three
quarters of the year. He and Mr. Ashe then presented each of the
Commissioners with copies of Resolution R01-74 adopted by the Board of
Supervisors on May 15, 2001, commending them on their service to the
County.
Chairman Burgett next introduced and welcomed the following
members of the 2001-2002 Youth Commission who were appointed on May 8,
2001:
Name
Election District
Alexandra
Hanson
1
David Horres
1
Chrissy Pinnell
1
William Dowis
2
LeeAnn
Merritt
2
Shamus
Williams
2
Amy
Loveless
3
Benjamin McFarlane
3
James Noel,
III
3
Arrion
Dennis
4
John Horsley
4
Lindsay
Jones
4
Christopher Fairman
5
Tara Smiddy
5
Ryan Touhill
5
CITIZENS COMMENT PERIOD
Mr. Henry B. Robertson, II, 115 Colonial Avenue, spoke concerning
the need for improved water service to the Nelson Park and Charleston
Heights area. He indicated a couple of weeks ago there was a house fire,
but there was inadequate water flow in the fire hydrant located across
the street from the burning house. Water was finally located at
Hubbard's Lane. He stated the neighborhood is supplied with water by
2-inch lines, and state and federal codes require fire hydrants to be
served by no less than 6-inch lines. Mr. Robertson indicated he
understood that the area was on the list for upgrading, but that they
were a low priority. He asked the Board to move this area up on the
priority list and get the lines upgraded sooner than scheduled.
Mr. John Long, 112 Scott Drive, also spoke concerning the need for
improved water service to the Nelson Park, Charleston Heights, Queens
Lake areas. He stated he had talked with the County staff and the water
company several times, but nothing has been done except to record the
highs and lows on his water meter. He appealed to the Board to give the
residents some help with this problem or point them in the right
direction. He stated all the citizens pay taxes to have the same kinds
of services, but this area is falling short on water service.
Mrs. Bonnie Karwac, representing the York County Historical
Committee, asked for the Board's support to the Historical Committee
this evening by adopting the proposed resolution to provide funding for
the completion of the cleaning and cataloging project for the Chischiak
artifacts. She noted that a grant was received from the Yorktown
Foundation for half of the needed funding. Mrs. Karwac then indicated
that Mr. Fesler would show the Board some photos of the dig and some of
the artifacts that were found at Chischiak.
Mr. Garrett Fesler, 110 Shirley Avenue, Williamsburg, indicated he
was site supervisor of the Chischiak dig. He stated the site represents
almost all of the landmark events that took place in Yorktown, and he
displayed photographs of the dig and artifacts recovered. He invited
interested persons to view the artifacts he brought with him this
evening that he had set up in the vestibule.
Mrs. Addie Jeanette Carter, 819 Baptist Road, spoke of shooting
instances in her neighborhood in Lackey, stating she did not understand
why it was happening. She asked the Board to help stop the random
shooting of cable and telephone lines. Mrs. Carter also mentioned
trouble she was having with access to her personal computer.
Mr. Robert Holloway, 301 Ryans Way, applicant for the no wake sign
on this evening's agenda, spoke regarding his application, and he
presented the Board with additional information concerning it. He spoke
of the problem with jet skis and pleasure boats speeding up and down the
Poquoson Rover. He noted he believed a no wake sign will be respected by
competent boaters and will make it easier to enforce the actions of
those who are less competent.
Mr. Daniel Morris, 118 Larkin Run, also spoke concerning the
request for a no wake sign on the Poquoson River. He stated he was
opposed to any restrictions on any personal watercraft on the Poquoson
River and the establishment of a no wake sign. He stated there was
already a no wake zone near the boat ramp to the west of it. He stated
he felt that mandatory education would be a solution for many of the
problems, but the key is enforcement in the area.
Mr. Chris Valentine, 206 Hollywood Boulevard, requested that the
Board disapprove the no wake sign request. He stated he agreed with Mr.
Morris that a sign was not going to do anything. There were several
signs in the area already, and it is an enforcement problem. Mr.
Valentine stated that when one lived on the water, they were taking a
risk with erosion; and it was their responsibility to put up rip rap or
do what they have to do to protect their property. He agreed the problem
was a lack of enforcement. He stated if the Board members approved the
application, they would be hurting more people than they would be
helping.
Mr. James R. Haas, 618 Showalter Road, spoke in opposition to the
no wake sign request. He stated he did not believe the problem was wake
or damage from wake. He stated he felt the problem was bad behavior on
the part of a few people, and a no wake sign was not a remedy in this
case. He stated it would be a tremendous enforcement problem, and it
would be a losing proposition to try to solve the problem of
irresponsible behavior. Mr. Haas stated a no wake sign will have an
adverse impact on the people who live on the river, and they should have
the right to enjoy their watercraft and their own property.
Mr. Frank Alvarado, 710 Tide Mill Road, spoke in favor of the no
wake sign. He stated he was not against boating, but in the past there
has been a lot of problems with traffic on Tide Mill Road as well as
speeding and the bad behavior of people parking at the Rodgers Smith
Landing.
Ms. Sarah Williams, 139 Sheppard Drive, noted it was her
neighbor's house that burned down because there wasn't sufficient water
flow in the hydrant across the street from the house. She stated the
resident was an elderly woman who was fortunate to make it out of the
house. Ms. Williams stated that after talking with the Sydnor
representative and the County, she felt there was a shared
responsibility to correct the situation. She expressed her hope that the
Board of Supervisors would take an interest in correcting the situation
and take responsibility to effectively do something to correct the
problem.
Meeting Recessed. At 7:55 p.m. Chairman Burgett declared a short
recess.
Meeting Reconvened. At 8:01 p.m. the meeting was reconvened
in open session by order of the Chair.
PUBLIC HEARINGS
LEASE AGREEMENT WITH CHILD DEVELOPMENT RESOURCES, INC.
Mrs. Anne B. Smith, Director of Community Services, made a
presentation on proposed Resolution R01-50 to authorize the execution of
a lease agreement with Child Development Resources, Inc., for the
operation of an early childhood care and developmental service in the
Griffin-Yeates Building.
A brief discussion took place concerning the waiting list for the
facility.
Chairman Burgett called to order a public hearing on proposed
Resolution R01-50 that was duly advertised as required by law and is
entitled:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A
LEASE AGREEMENT WITH CHILD DEVELOPMENT RESOURCES, INC., A NON-PROFIT
VIRGINIA CORPORATION, FOR THE OPERATION OF AN EARLY CHILDHOOD CARE AND
DEVELOPMENTAL SERVICE IN THE GRIFFIN-YEATES BUILDING LOCATED ON
GOVERNMENT ROAD
There being no one present who wished to speak concerning the
subject resolution, Chairman Burgett closed the public hearing.
A brief discussion took place on how the effectiveness of the
First Steps program was measured in order to determine if its objectives
were being met.
Mrs. Noll then moved the adoption of proposed Resolution R01-50
that reads:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A
LEASE AGREEMENT WITH CHILD DEVELOPMENT RESOURCES, INC., A NON-PROFIT
VIRGINIA CORPORATION, FOR THE OPERATION OF AN EARLY CHILDHOOD CARE AND
DEVELOPMENTAL SERVICE IN THE GRIFFIN-YEATES BUILDING LOCATED ON
GOVERNMENT ROAD
WHEREAS, it is in the public interest to continue to make
available an early childhood educational experience and positive
learning opportunities on behalf of economically disadvantaged and other
qualified County citizens; and
WHEREAS, Child Development Resources, Inc., a nonprofit Virginia
corporation, has provided such services by operation of a program,
called First Steps; and
WHEREAS, the County desires to lease approximately 2,500 square
feet of classroom and office space identified as Tenant Rooms 10, 12,
13, and 15, within the Griffin-Yeates Building located at 1490
Government Road, which is a building owned by the County of York, by the
execution of a lease agreement for a term of one year; and
WHEREAS, a public hearing on the proposed lease agreement, as
required under the Code of Virginia, has been properly advertised and
conducted on June 5, 2001;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 5th day of June, 2001, that the County
Administrator be, and he is hereby, authorized to execute an agreement,
approved as to form by the County Attorney, with Child Development
Resources, Inc., to provide the lease of approximately twenty-five
hundred (2,500) square feet identified as Tenant Rooms 10, 12, 13, and
15, Griffin-Yeates Building, along with the right to use certain common
areas of the building and grounds, for the operation of the First Steps
program for the term July 1, 2001, until June 30, 2002 and in
consideration of the sum of one dollar ($1.00).
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
APPLICATION NO. CP-7-01, YORK COUNTY PLANNING COMMISSION
Mr. J. Mark Carter, Planning and Zoning Manager, made a
presentation on Application No. CP-7-01 to amend the York County
Comprehensive Plan in order to provide consistency with the Chesapeake
Bay Preservation Act and regulations. He discussed replacement pages to
the amended Plan that had been provided to the Board members earlier and
asked that they be included in the adoption of the ordinance. He also
asked that the Plan date as noted in the ordinance be amended to read
May 21 instead of May 22. The Planning Commission considered the
application and forwarded it to the Board of Supervisors with a
recommendation of approval, and staff recommended approval of the
application through the adoption of proposed Ordinance No. 01-8(R).
Mr. Wiggins asked if the County was provided with any
implementation funding when the Chesapeake Bay Preservation Act was
passed by the General Assembly.
Mr. Carter stated that although the requirement was mandated by
the state, no funding was provided for its implementation. He stated
some planning grant money was received to help staff in developing one
aspect of the regulations.
Mr. Wiggins indicated a big problem he saw dealt with docks and
piers and the state's encouragement for localities to encourage cluster
developments. He asked if the County staff would be trying to get
developers wishing to build single-family housing to build cluster
developments instead.
Mr. Carter stated it was one of the goals of the Chesapeake Bay
Local Assistance Board. Locally, cluster development is an encouraged
type of development because it is very advantageous for the developer in
many instances when a piece of property has some environmental concerns
on it. From that respect, staff does encourage cluster development. It
sometimes results in some common area created along the water; and in
the course of meeting with the developer, staff can suggest that the
common area might be a good place for a community pier. Mr. Carter
stated nothing was mandatory, but it was a matter of the discussion and
process of reviewing the development in working with the developer. He
noted that County staff was actually already doing what the Act was
requiring.
Discussion took place on the attributes of a cluster development.
Mr. Wiggins asked whether having one main pier for several
families was any less of an impact on the environment than each family
having its own pier.
Mr. Joe Sisler, Department of Environmental and Development
Services, indicated that the Bay Act was trying to protect the amount of
aquatic grass and the shading of aquatic grass. In terms of
construction, when one large pier is built, the shoreline is only
damaged once. There is more impact with the construction of more piers.
Mr. Sisler reiterated that staff was only encouraging cluster
development.
Mr. Ashe asked if the encouragement was through credits of some
sort.
Mr. Carter stated the encouragement was only by virtue of the
common space that was likely to be developed from a cluster development
and because all of the lots in the development would have access to the
pier.
Mrs. Noll stated the County was fulfilling its obligation to the
Bay Act by advising the developers that cluster development was an
alternative for consideration.
Chairman Burgett then called to order a public hearing on
Application No. CP-7-01 that was duly advertised as required by law.
Proposed Ordinance No. 01-8(R) is entitled:
AN ORDINANCE TO ADOPT AMENDMENTS TO THE COMPREHENSIVE PLAN FOR
CONSISTENCY WITH THE CHESAPEAKE BAY PRESERVATION ACT AND REGULATIONS
There being no one present who wished to speak concerning the
application, Chairman Burgett closed the public hearing.
Mrs. Noll then moved the adoption of proposed Ordinance No.
01-8(R) that reads:
AN ORDINANCE TO ADOPT AMENDMENTS TO THE COMPREHENSIVE PLAN FOR
CONSISTENCY WITH THE CHESAPEAKE BAY PRESERVATION ACT AND REGULATIONS
WHEREAS, the Chesapeake Bay Preservation Act requires local
governments in the Bay watershed to amend their comprehensive plans for
consistency with regulations established by the Chesapeake Bay Local
Assistance Board; and
WHEREAS, York County must amend its comprehensive plan by June 30,
2001, to comply with this requirement; and
WHEREAS, the York County Planning Commission has sponsored
Application No. CP-7-01 to amend the comprehensive plan; and
WHEREAS, said application has been forwarded to the Planning
Commission in accordance with applicable procedure; and
WHEREAS, the Commission, after conducting a duly advertised public
hearing, has certified the proposed amendments and recommends their
adoption in accordance with the procedures set forth in §15.2-2225 of
the Code of Virginia; and
WHEREAS, the York County Board of Supervisors has conducted a duly
advertised public hearing on the proposed amendments; and
WHEREAS, the Board of Supervisors has carefully considered the
public comments with respect to these amendments;
NOW, THEREFORE, BE IT ORDAINED by the York County Board of
Supervisors this the 5th day of June, 2001 that the report entitled
Charting the Course for the Chesapeake Bay: An Update to the County of
York Comprehensive Plan, dated May 21, 2001, and including replacement
pages distributed on June 5, 2001, be, and it is hereby, adopted as an
amendment to Charting the Course to 2015: The County of York
Comprehensive Plan, subject to revision of the following statements to
read:
Environmental Strategy 2.4.
Encourage the School Division to provide, beginning with the class of
2005, a meaningful Bay or stream outdoor experience, such as a field
trip, for public school students in accordance with the Chesapeake 2000
Agreement.
Utilities Strategy 8.2
Investigate and consider, to the extent authorized by the Code of
Virginia, the adoption of a local ordinance requiring existing
households to connect to available water systems in the event of private
well failure.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett indicated he had nothing to report to the Board at
this time.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds reminded the Board members of the upcoming work
session scheduled for June 12 and the employee picnic to be held June 13
at the Park Service picnic area on the Yorktown Beach. He then provided
the Board with information concerning the response of the Department of
Fire and Life Safety to the fire in Nelson Park that was spoken of
earlier in the meeting. He discussed the Strategic Utilities Capital
Plan, noting that the County was in the process of upgrading or
installing water systems in the areas of the County that need them. The
criteria considered in ranking the areas include public health, public
safety, water quality, and impact on the growth of the County
population. He stated the Nelson Park area was not included in the
current 6-year Capital Improvements Plan in that there are other areas
in the County that rank higher in need than this particular area. If
some of the higher ranked areas indicate they do not wish to have public
water, a lower ranked area could move ahead on the list. Mr. McReynolds
also reported that over the last several months the County had been
working with Sydnor on pressure problems, and within the next 30 days
some meters should be moved to improve water pressure in the area. He
stated this would not make any significant difference to fire flows.
Mr. Zaremba indicated it had been noted that there was an
alternative water supply in Queenswood, and he asked how far it was from
there to the site of the fire.
Mr. Stephen P. Kopczynski, Fire Chief, spoke concerning the four
hydrants on the Sydnor system in the subject area. As a matter of
general practice, the County does not rely on those hydrants. County
personnel elected to check the flow from the hydrant on Shepperd Drive,
and it did not have sufficient flow. They then went to the one on
Queenswood that was about 1,200 feet away. He noted there are some other
streets where hydrants are located within a reasonable reach of the hose
lines that are typically carried on the pumpers. Chief Kopczynski stated
the total incident was taken care of with less than the water that was
carried on the pumper, and water from the hydrants was not actually
needed.
Mr. Zaremba stated that County staff has been working with Sydnor
for the past six years to get something done, and his problem was that
the County was allowing the situation with the unsatisfactory water
service to continue. He asked the County Attorney whether or not there
was anything in the state code that required the fire hydrants to work
on a water system that had them installed.
Discussion followed on fire suppression methods and experiences
with other fires in terms of water supply.
Mr. John Hudgins, Director of Environmental and Development
Services, stated the fire hydrants installed in the Nelson Park area
were never meant to meet fire flow needs. The problem is that all the
meters are located in the southern end of the County, and staff is in
the process of moving some of the meters to the northern end to help
with water pressure. He stated that until the entire system is changed
out, there will never be fire flow adequate to provide fire protection
to this area.
Mr. Ashe suggested that some sort of color code be placed on these
hydrants to let the Fire and Life Safety personnel know by sight that
they are inadequate for fire flow.
Chief Kopczynski indicated the department has addressed that
suggestion and plans to take action to sight identify these hydrants. He
also noted this area is the only one in the County where there are
full-sized hydrants that do not provide adequate flow.
MATTERS PRESENTED BY THE BOARD
Mr. Ashe announced to the citizens of his district that he would
be conducting a town meeting in the Tabb High School Auditorium at 7:00
p.m. on June 25, and he asked Mr. McReynolds to provide staff at that
meeting to discuss zoning regulations and drainage regulations and
provide an update on the drainage study.
Mrs. Noll announced that this week was Hurricane Awareness Week,
and she asked that the brochures on this topic be placed in the
Information Office and in the County Administrator's Office. She
encouraged residents to read the information and prepare their homes and
families for the hurricane season. Mrs. Noll indicated she was happy to
see that Russell and Kay Lanes were finally coming up on the Dirt Street
Program, and she encouraged the other Board members to act positively on
the resolution contained in this evening's agenda package. She then
noted that Memorial Day was very special in York County this year
because the Historical Committee unveiled its Memorial to the War Dead
of York County and Poquoson. She commended the members of the Historical
Committee for their excellent work and attention to detail on this
project. Mrs. Noll noted that on Memorial Day Mrs. Marge Funk, wife of
former Supervisor Jim Funk, passed away. She stated Mrs. Funk was always
very proud of the fact that she was a part of the Historical Committee
and was a very integral part of the committee's activities while she
served. Mrs. Funk also served on the Thomas Nelson Community College
Board, and the Governor had appointed her to the State College Board.
Mrs. Noll expressed her deepest sympathies to the Funk family.
Mr. Zaremba noted that in September the Board would review the
County's Strategic Capital Utilities Plan for water and sewer projects.
He stated the projects contained in the Plan were based on priorities
set by established criteria. He mentioned an article in the Daily Press
on graffiti, stating the Board was very disturbed by the fact that
graffiti is being used in York County. He stated the County has certain
ways to insure that property owners maintain their property as the
County can ill-afford businesses that abandon their sites. Another
problem Mr. Zaremba discussed was parking along Water Street in
Yorktown. He displayed photographs provided to him by a citizen of the
condition of the lots on Water Street and the new lot behind York Hall,
and he suggested that more needed to be done to get the word out that
the lot at York Hall was available. Mr. Zaremba then mentioned a recent
comment by the Parks and Recreation Advisory Board that the members do
not feel they are in the loop with respect to issues dealing with parks
and recreation issues, and he noted they have asked for more
involvement. A work session has been scheduled with them in late July,
and Mr. Zaremba noted the Board of Supervisors did want the Parks and
Recreation Advisory Board's involvement and would do whatever was
necessary to make sure they were in on issues at the front end.
Mrs. Anne B. Smith, Director of Community Services, noted that the
members of the Parks and Recreation Advisory Board were encouraged all
the time to come and speak before the Board whenever they wished to,
either individually or collectively. She stated the staff encourages
them to take advantage of all opportunities to provide input to the
Board of Supervisors.
Mr. Zaremba stated that New Quarter Park had been open since
Memorial Day, and the County has just received delivery on a number of
picnic tables that will be placed there in the next few weeks. He stated
the park was open seven days a week from sun-up to sun-down, and he
listed some of the facilities and activities provided at the park. Mr.
Zaremba encouraged the citizens to take advantage of this facility.
Mr. Wiggins stated he represents the Board on the Yorktown Day
Association, and he was very impressed during its May 21 meeting with
the organization and planning for the upcoming Yorktown Day celebration.
He then reminded the Drainage Committee members of the meeting scheduled
for June 7. He also expressed his wish that the Board would consider
keeping the committee active for future need. He stated the committee
members have done a wonderful job, and a presentation would be made to
the Board of Supervisors with the Committee's recommendations to remedy
the County's drainage problems very soon. He thanked all the staff
members involved for doing such a great job in supporting the committee.
Chairman Burgett noted it had been a very busy month for him.
Business Appreciation Week was recognized at the Watermen's Museum and
was a very successful event. The Heritage Celebration was also held at
the Watermen's Museum that was attended by several thousand people. He
noted that York County had hosted the latest Peninsula Mayors and Chairs
meeting at the Watermen's Museum Carriage House on May 21, and Student
Local Government Day activities were held on May 22. Chairman Burgett
stated that on Memorial Day the dedication ceremony for the War Memorial
was a wonderful experience and very well done. He stated Mr. Tim Smith
was an outstanding host, and there was standing room only for the event.
The Senior Citizens Center grand opening was held. Chairman Burgett
noted that the Center had 16,000 visitors during the past year, and it
is an excellent facility. He also indicated that this was the week for
the DARE graduations, and he expressed his wish that all Board members
attend one of them.
CONSENT CALENDAR
Mr. Zaremba asked that Item No. 10 be removed from the Consent
Calendar.
Mrs. Noll moved that the Consent Calendar be approved as amended,
Item Nos. 3, 4, 5, 6, 7, 8, 9, and 11, respectively.
On roll call the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 3. APPROVAL OF MINUTES
The minutes of the following meetings of the York County Board of
Supervisors were approved:
May 1, 2001, Regular Meeting
May 8, 2001, Adjourned Meeting
Item No. 4. PURCHASE AUTHORIZATION: Resolution R01-111
A RESOLUTION TO RECHASSIS AND REFURNISH AN AMBULANCE FOR THE
DEPARTMENT OF FIRE AND LIFE SAFETY
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 it complies with all applicable
laws, ordinances, and regulations;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 5th day of June, 2001, that the County Administrator
be, and he is hereby, authorized to conclude procurement arrangements
for the following:
AMOUNT
Rechassis/Refurbish Ambulance $67,506
Item No. 5. CHILD DEVELOPMENT RESOURCES, INC., SUPPORT AGREEMENT:
Resolution R01-52
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A
SUPPORT AGREEMENT WITH CHILD DEVELOPMENT RESOURCES, INC., A NON-PROFIT
VIRGINIA CORPORATION, FOR THE OPERATION OF EARLY CHILDHOOD CARE AND
DEVELOPMENTAL SERVICE IN THE GRIFFIN-YEATES CENTER LOCATED ON GOVERNMENT
ROAD
WHEREAS, it is in the public interest to continue to make
available an early childhood educational experience and positive
learning opportunities on behalf of economically disadvantaged and
other qualified County citizens; and
WHEREAS, Child Development Resources, Inc., a nonprofit Virginia
corporation, has provided such services by operation of a program,
called First Steps;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 5th day of June, 2001, that the County
Administrator be, and he is hereby, authorized to execute a Support
Agreement approved as to form by the County Attorney with the Child
Development Resources, Inc., for the operation of the First Steps program for the
period July 1, 2001 until July 1, 2002.
Item No. 6. TRANSPORTATION AGREEMENT-FIRST STEPS PROGRAM:
Resolution R01-51
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE AN
AGREEMENT WITH THE YORK COUNTY SCHOOL BOARD FOR TRANSPORTATION OF
CHILDREN PARTICIPATING IN THE FIRST STEPS PROGRAM
WHEREAS, the York County Board of Supervisors has a support
agreement with the Child Development Resources, Inc., (CDR) for
operation of the "First Steps" program, an early childhood
educational and developmental program that is implement-ed at the
Griffin-Yeates Center for children between the ages of 6 weeks and 3
years; and
WHEREAS, according to the terms of the support agreement and for
the safety of the children involved, the Board has agreed to arrange
with the York County School Board to pro-vide bus transportation for
enrolled children between home and the Griffin-Yeates Center for
children; and
WHEREAS, costs for such transportation are the responsibility of
CDR, Inc., and do not represent additional financial support;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 5th day of June, 2001, that the County
Administrator be, and he is hereby, authorized to execute for and on
behalf of the Board an agreement with the York County School Board,
substantially
in the same form transmitted to the Board by report of the County
Administrator dated May 1, 2001, including necessary amendments
thereto, for the provision of transportation of children participating
in the CDR, Inc., First Steps program; provided that such agreement and
all such amendments shall be approved as to form by the County Attorney.
Item No. 7. PUBLIC SEWER EXTENSION AGREEMENT-CHEYENNE HILLS
SUBDIVISION: Resolution R01-106
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY
SEWER SYSTEM TO A PROPOSED DEVELOPMENT KNOWN AS THE CHEYENNE HILLS
SUBDIVISION, AND AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC SEWER
EXTENSION AGREEMENT
WHEREAS, Bill Duguay 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 residential development to be known as the
Cheyenne Hills Subdivision; 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 exist-ing 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
$18,750.00;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 5th day of June, 2001, that the Board approves the
extension of the County's public sewer system to serve the proposed
development, Cheyenne Hills Subdivision, and that the County
Administrator be, and he hereby is, authorized to execute a public sewer
extension agreement with Bill Duguay for the proposed extension; such
agreement to be approved as to form by the County Attorney.
Item No. 8. STREET ACCEPTANCE-THE GREENLANDS, PHASE ONE:
Resolution R01-109
A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO INCLUDE STREETS IN THE GREENLANDS, PHASE ONE, INTO THE SECONDARY
SYSTEM OF STATE HIGHWAYS
WHEREAS, the following streets, which are shown on plats recorded
in the Clerk's Office of the Circuit Court of York County, have 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 these streets and found them 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 these streets;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this the 5th day of June, 2001, that the Virginia
Department of Transportation be, and it hereby is, requested to add and
maintain the streets 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 Greenlands, Phase One, and to the Resident
Engineer of the Virginia Department of Transportation.
In the County of York
By resolution of the governing body adopted June 5, 2001
The following Form SR-5A is hereby attached and incorporated as part of
the govern-ing 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
The Greenlands, Phase One
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
______________________________________________________________________
Jonathan Junction, State Route Number 1695
Description: From: Route 1665 (Tristen Drive)
To: West to existing Route 1695 (Jonathan Junction)
A distance of: 0.03 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
05/06/1999, Plat Book 12, Pages 690-696, with a width of 50 ft.
Long Green Boulevard, State Route Number 1659
Description: From: Route 134 (Hampton Highway)
To: Southwest to intersection of Route 1665 (Tristen Drive)
A distance of: 0.18 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
05/06/1999, Plat Book 12, Pages 690-696, with a width of 80 ft.
Malcolm Court, State Route Number 1666
Description: From: Route 1665 (Tristen Drive)
To: East to end of cul-de-sac
A distance of: 0.08 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
05/06/1999, Plat Book 12, Pages 690-696, with a width of 50 ft.
Quincy Court, State Route Number 1667
Description: From: Route 1665 (Tristen Drive)
To: East to end of cul-de-sac
A distance of: 0.04 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
05/06/1999, Plat Book 12, Pages 690-696 with a width of 50 ft.
Tristen Drive, State Route Number 1665
Description: From: Route 1659 (Long Green Boulevard)
To: North to intersection of Route 1695 (Jonathan Junction)
A distance of: 0.22 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
05/06/1999, Plat Book 12, Pages 690-696 with a width of 50 ft.
Description: From: Intersection of Route 1695 (Jonathan Junction)
To: North to intersection of Route 1667 (Quincy Court)
A distance of: 0.06 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
05/06/1999, Plat Book 12, Pages 690-696, with a width of 50 ft.
Description: From: Intersection of Route 1667 (Quincy Court)
To: North to end of cul-de-sac
A distance of: 0.06 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
05/06/1999, Plat Book 12, Pages 690-696, with a width of 50 ft.
Item No. 9. STREET ACCEPTANCE-FOXWOOD, SECTION 2: Resolution
R01-110
A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION
TO INCLUDE STREETS IN FOXWOOD, SECTION TWO, INTO THE SECONDARY SYSTEM
OF STATE HIGHWAYS
WHEREAS, the following streets, which are shown on a plat recorded
in the Clerk's Office of the Circuit Court of York County, have 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 these streets and found them 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 these streets;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this the 5th day of June, 2001, that the Virginia
Department of Transportation be, and it hereby is, requested to add and
maintain the streets 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 Foxwood, Section Two, and to the Resident Engineer
of the Virginia Department of Transportation.
In the County of York
By resolution of the governing body adopted June 5, 2001
The following Form SR-5A is hereby attached and incorporated as part of
the govern-ing 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
Foxwood, Section Two
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
_____________________________________________________________________________
Hounds Chase, State Route Number 1481
Description: From: Route 1484 (Hedgerow Lane)
To: Southwest to intersection of Route 1485 (Tallyho Drive)
A distance of: 0.08 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
03/09/2000, Plat Book 13, Pages 96-98, with a width of 50 ft.
Description: From: Intersection of Route 1485 (Tallyho Drive)
To: Southwest to end of cul-de-sac
A distance of: 0.05 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
03/09/2000, Plat Book 13, Pages 96-98, with a width of 50 ft.
Pinyon Pines, State Route Number 1486
Description: From: Intersection of Route 1485 (Tallyho Drive)
To: West to intersection of Route 1487 (Vixen Court)
A distance of: 0.05 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
03/09/2000, Plat Book 13, Pages 96-98, with a width of 50 ft.
Tallyho Drive, State Route Number 1485
Description: From: Route 1481 (Hounds Chase)
To: Northwest to intersection of Route 1486 (Pinyon Pines)
A distance of: 0.11 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
03/09/2000, Plat Book 13, Pages 96-98, with a width of 50 ft.
Vixen Court (north), State Route Number 1487
Description: From: Intersection of Route 1486 (Pinyon Pines)
To: North to end of cul-de-sac
A distance of: 0.04 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
03/09/2000, Plat Book 13, Pages 96-98, with a width of 50 ft.
Vixen Court (south), State Route Number 1487
Description: From: Intersection of Route 1486 ( Pinyon Pines)
To: South to end of cul-de-sac
A distance of: 0.05 miles.
Right of Way Record: Filed with the Clerk of the Circuit Court on
03/09/2000, Plat Book 13, Pages 96-98, with a width of 50 ft.
Item No. 11. DIRT STREET PROGRAM-RUSSELL LANE AND KAY LANE:
Resolution R01-48
A RESOLUTION TO DIRECT THE COUNTY ADMINISTRATOR TO PROCEED WITH
THE SOLICITATION OF BIDS FOR COUNTY-FUNDED IMPROVEMENTS TO RUSSELL LANE,
INCLUDING ALL STREET AND UTILITY WORK NECESSARY FOR SUBSEQUENT
ACCEPTANCE BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) UNDER
THE SUBDIVISION STREET ADDITIONS PROGRAM
WHEREAS, the County has established the "Dirt Street
Program" to upgrade unimproved private streets to the extent
necessary for acceptance by VDOT into the State Secondary Road System;
and
WHEREAS, Russell Lane and Kay Lane have been selected as existing
unimproved streets that could be upgraded under this program; and
WHEREAS, Russell Lane is currently listed in the approved
Secondary System Construction Program (Project # 8000-5601); and
WHEREAS, the County and VDOT have now agreed that improvements to
both Russell and Kay Lanes could be accomplished more expeditiously by
the County assuming responsibility for Russell Lane as if it were a
subdivision street addition and by VDOT assuming full fiscal
responsibility for the Kay Lane improvements under the Rural Additions
Program; and
WHEREAS, the County staff has completed all necessary design and
construction documents and is prepared to solicit bids for the
County-funded construction of Russell Lane; and
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 5th day of June, 2001, that the County Administrator be
and is hereby authorized to proceed with the solicitation of bids to
construct County-funded improvements to Russell Lane for later transfer
to VDOT under the Subdivision Street Additions program.
Item No. 10. EXPENDITURE FOR PRIMARY ELECTION: Proposed Resolution
R01-95 (Removed from Consent Calendar)
Mr. Zaremba stated he would like the public to know that this
action was a part of the electoral process, and the governing bodies
were requested to provide this expenditure regardless of the party
involved. He then moved the adoption of proposed Resolution R01-95 that
reads:
A RESOLUTION TO AUTHORIZE THE EXPENDITURE OF $11,000 TO COVER THE
COST OF THE PRIMARY ELECTION FOR THE PURPOSE OF NOMINATING CANDIDATES OF
THE DEMOCRATIC PARTY FOR THE LIEUTENANT GOVERNOR AND ATTORNEY GENERAL
OF THE COMMONWEALTH OF VIRGINIA
WHEREAS, the Commonwealth of Virginia State Board of Elections has
notified the County Electoral Board of the need to hold a primary
election for the purpose of nominating candidates of the Democratic
Party for Lieutenant Governor and Attorney General of the Commonwealth
of Virginia; and
WHEREAS, pursuant to Section 24.2-517 of the Code of Virginia, a
primary election will be held in the County on Tuesday, June 12, 2001;
and
WHEREAS, for Fiscal Year 2001, the Electoral Board's budget had
adequate funding for the two elections previously held: the General
Election on November 7, 2000, and the special election for the 96th
House of Delegates on December 19, 2000; and
WHEREAS, to ensure compliance with the requirement of the third
election, the Electoral Board is requesting funding of $11,000, which
is available in the Contingency Reserve, to cover the costs of the
payments for the officers of election, programming of the voting
machines,
printing of ballots, and other miscellaneous election costs;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 5th day of June, 2001, that the expenditure of $11,000
requested by the Electoral Board be, and hereby is, approved from
Contingency Reserve to cover the cost of the primary election for the
purpose of nominating candidates of the Democratic Party for Lieutenant
Governor and Attorney General of the Commonwealth of Virginia.
On roll call the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
NEW BUSINESS
INDUSTRIAL DEVELOPMENT BOND FINANCING FOR YMCA
Mr. McReynolds made a brief presentation explaining the purpose of
proposed Resolution R01-115 to approve the issuance of Industrial
Development Revenue Bonds by the Industrial Development Authority (IDA)
of the City of Poquoson for the benefit of the Peninsula Metropolitan
YMCA.
Chairman Burgett asked Mr. Noel to explain why the York County IDA
was not issuing the bonds.
Mr. James Noel, Director of Economic Development, stated the York
County IDA held a public hearing on this matter to authorize the City of
Poquoson's IDA to issue the bonds. He stated he first spoke with the
YMCA about the York County IDA doing the bonds for the YMCA, but the
County decided to reserve its bonding capacity for other projects such
as the Yorktown Waterfront. He stated it was acceptable for the IDAs of
other localities to issue bonds as long as the York County IDA conducted
a public hearing. Mr. Noel stated Poquoson was not using its bonding
capacity this year, and it agreed to do this project for the YMCA.
Mr. Zaremba asked Mr. Carroll when the ground would be broken on
the community center.
Mr. Danny Carroll, Director of the Peninsula Metropolitan YMCA,
stated if the site plan was approved, the ground would be broken in
September, and the project should be completed within 12 months, weather
permitting.
Mr. Wiggins then moved the adoption of proposed Resolution R01-115
that reads:
A RESOLUTION TO APPROVE THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $10,000,000 BY THE INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE CITY OF POQUOSON FOR THE BENEFIT OF THE
PENINSULA METROPOLITAN YMCA, A VIRGINIA NON-PROFIT 501 (c) (3)
CORPORATION
WHEREAS, the Industrial Development Authority of York County (the
"Authority") has considered the application of Peninsula
Metropolitan YMCA, a Virginia non-profit 501(c)(3) corporation (the
"Borrower"), to the Industrial Development Authority of the
City of Poquoson (the "Issuer") for the issuance of the
Issuer's industrial development revenue bonds in an amount not to exceed
$10,000,000 (the "Bonds"), for the acquisition, construction
renovation and equipping of three family recreational facilities
(collectively, the "Projects") to be located at 7827 Warwick
Boulevard in the City of Newport News, Virginia; 1200 Hampton Highway in
York County, Virginia; and 259 James Street in Isle of Wight County,
Virginia, and has held a public hearing thereon on May 2, 2001; and
WHEREAS, the Authority has requested the Board of Supervisors of
York County, Virginia (the "County") to approve the issuance
of the Bonds by the Issuer to comply with Section 147(f)(2) of the
Internal Revenue Code of 1986, as amended, and proposed final Treasury
regulations issued thereunder; and
WHEREAS, a copy of the Issuer's resolution approving the issuance
of the Bonds, and a copy of the Authority's resolution recommending
approval of the Bonds by the Board of Supervisors subject to terms to
be agreed upon, and a record of the public hearings held thereon has
been filed with the County Executive;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this the 5th day of June, 2001:
1. The Board of Supervisors of York County, Virginia, approves the
issuance of the Bonds by the Issuer for the benefit of the Borrower, to
the extent of and as required by Section 147(f)(2) of the Internal
Revenue Code.
2. The approval of the issuance of the Bonds, as required by
Section 147(f)(2) of the Internal Revenue Code, does not constitute an
endorsement of the Bonds or the creditworthiness of the Borrower, and
the Bonds shall provide that neither the County, the City of Poquoson,
the Authority nor the Issuer shall be obligated to pay the Bonds or the
interest thereon or other costs incident thereto except from the
revenues and moneys pledged therefor, and neither the faith or credit
nor the taxing power of the Commonwealth, the County, the City of
Poquoson, the Authority or the Issuer shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
SIX-YEAR PRIMARY ROAD CONSTRUCTION PROGRAM
Mr. McReynolds made a presentation on proposed Resolution R01-113
to recommend a project priority listing for certain Interstate, National
Highway System, Surface Transportation Program, and Primary Highway
Projects.
Discussion followed concerning VDOT funding that was originally
budgeted for the Route 17 north of Fort Eustis Boulevard project being
reallocated for the Route 17 south of Fort Eustis Boulevard project.
Mr. Ashe asked if the improvements to Route 17 south of Harwoods
Mill were requested by the County.
Mr. Carter stated it was money that Mr. Elliott was able to
identify for repaving. The County put in $200,000 of Revenue Sharing
money, but the bulk came from other sources identified by Mr. Elliott.
Mr. Ashe stated he would volunteer his time to attend the
Preallocation Hearing on July 12.
Mr. Zaremba questioned the meaning of the Interstate 64 item on
page 2 of the proposed resolution. He asked what stretch of road was
being discussed.
After discussion, the Board by consensus agreed to allow staff to
amend the language to clarify the exact location of the projects
identified in the proposed resolution.
Mr. Ashe then moved the adoption of proposed Resolution R01-113(R)
that reads:
A RESOLUTION TO RECOMMEND A PROJECT PRIORITY LISTING FOR CERTAIN
INTERSTATE, NATIONAL HIGHWAY SYSTEM, SURFACE TRANSPORTATION PROGRAM,
AND PRIMARY HIGHWAY PROJECTS
WHEREAS, the Commonwealth Transportation Board will hold a series
of pre-allocation hearings across the Commonwealth for the purpose of
soliciting comments and recommendations from local jurisdictions
concerning necessary highway improvements and the distribution of
Interstate, Primary, Urban, National Highway System (NHS), Surface
Transportation Program (STP), and Congestion Mitigation and Air Quality
Program (CMAQ) funds; and
WHEREAS, York County and its representatives have participated in
a spirit of close cooperation with the Transportation Board, the
Commissioner and the Department of Transportation in furtherance of
mutual transportation objectives; and
WHEREAS, the Transportation Board has previously approved and
scheduled construction of various improvements to the interstate and
primary systems in and around York County; and
WHEREAS, the York County Planning Commission has reviewed the
proposed program of projects and priorities, recommends its approval,
and, as required by Section 15.2-2232 of the Code of Virginia, has found
that the projects recommended herein are in conformance with the York
County Comprehensive Plan, Charting the Course to 2015; and
WHEREAS, the Board has given due consideration to the
recommendations of the Planning Commission, the citizens of the County,
and the York County Comprehensive Plan with respect to the necessary
improvements to the Interstate, NHS, STP, Primary, and other
transportation
system components;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 5th day of June, 2001, that it does hereby adopt
the following recommended program of projects and priorities within the
transportation system components listed:
Interstate System
1. Interstate 64 - widen to 6 lanes between the Route 143 (east)
interchange and the Route 105 interchange utilizing a design that will
accommodate the ultimate design of 8 lanes (6 general purpose lanes and
2 high-occupancy vehicle lanes) between the Interstate 664/64
interchange in Hampton and the Route 199 (east) interchange in York
County, in accordance with the I-64 Major Investment Study. Included
should be early deployment of Intelligent Transportation Systems (ITS)
technology along the Interstate corridor.
National Highway System
1. Route 17 - widen to 6 lanes and reconstruct intersections
between Route 171 (Victory Boulevard) and Route 173 (Denbigh
Boulevard/Goodwin Neck Road) in accordance with the recommendations and
priorities established in the Route 17 Corridor Improvements Study, as
verified by the Hampton Roads Planning District Commission in 1994, and
taking into account the priorities recommended by the County in
connection with any cost savings realized by redefining the scope of
the already funded widening project north of Route 105.
Surface Transportation Program
1. Route 238/Baptist Road Intersection Improvements - channelize
intersection, provide positive drainage and improve riding surface
through this intersection which also serves as the main entrance to the
Yorktown Naval Weapons Station. This project is also eligible under NHS
criteria.
State Primary System
1. Route 171 - widen to 6 lanes divided between Route 17 and Route
134.
2. Route 171 - widen to 4 lanes divided between Big Bethel Road
(Route 600) and the Poquoson city line, providing turn lanes at
intersections.
3. Route 171 - widen to 4 lanes divided between Route 134 and Big
Bethel Road (Route 600), providing turn lanes at intersections.
BE IT FURTHER RESOLVED that the York County Board of Supervisors
reiterates its request that the scope of the already funded Route 17
widening project north of Route 105 be re-defined and scaled back and
that the resultant cost savings be allocated to funding much-needed
improvements to the more heavily-congested southern segments of Route 17
(Route 171 to Route 173), and that a project for said improvements be
established as a part of the Six-Year Transportation Development Plan.
BE IT STILL FURTHER RESOLVED that the Board of Supervisors
reiterates its support for the expeditious construction of the Route 105
(Fort Eustis Boulevard) extension between Route 17 and Route 173, as
already funded and programmed.
BE IT STILL FURTHER RESOLVED that the Board of Supervisors
strongly encourages the Commonwealth Transportation Board to consider
the needs of, and where appropriate include accommodations for,
pedestrians, bicycles, passenger rail and transit within all road-way
and transportation project designs.
BE IT STILL 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 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 2001 Pre-Allocation Hearing in the Hampton Roads
District 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, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
REQUEST FOR NO WAKE MARKER
Chairman Burgett stated that in the agenda package he noticed the
proposed location for the no wake marker requested by Mr. Holloway was
very general. He asked if it would be appropriate to move the marker
over so that it would be adjacent to Mr. Holloway's property.
Mr. Carter stated he felt it would be appropriate. He stated Mr.
Holloway had proposed the current location hoping that it would stem
some of the traffic from the Smith Landing area. He indicated that
placing the marker nearer Mr. Holloway's property would address his
problem with erosion more specifically.
Chairman Burgett indicated that this request pertained to a sign
only and does nothing to prohibit or limit the use of personal
watercraft.
Mr. Carter stated there was no attempt to regulate in any way the
operation of personal watercraft or motorboats. He stated the sign was
simply to deal with the wake situation that is enforced by the
Department of Game and Inland Fisheries.
Chairman Burgett noted there had been a lot of discussion this
evening about enforcement. He stated in discussing this matter with the
County's law enforcement people and personnel from the Department of
Game and Inland Fisheries, he felt a way could be found to solve the
problem of irresponsible individuals.
Mr. Ashe expressed his agreement with Chairman Burgett, stating he
agreed that the sign should be placed approximately 100 feet in front of
Mr. Holloway's home that allows for people who live up stream to get
home. He noted it was very shallow in that area.
Mr. Carter noted that the key issue was whether a wake is being
created and not how fast a boat is going. He stated the greatest wake,
according to the study referenced in the material provided by Mr.
Holloway, is created by speeds in the mid-range rather than slower or
faster speeds.
Discussion followed concerning enforcement.
Mr. Wiggins stated he felt the biggest problem people were having
was with jet skis, and it wasn't the wake but noise that was the biggest
factor. He stated a lot of the ones who are causing the most problem are
kids, and he felt their parents needed to spend more time instructing
them on proper operation of the jet skis. He agreed that there was an
enforcement problem, and he did not see how the no wake signs were going
to help.
Mr. Ashe stated he saw the sign as an opportunity for the property
owner to call and get Game and Inland Fisheries out to help him with a
remedy.
Mr. Zaremba indicated he sympathized with Mr. Holloway's position,
but he felt the arguments about enforcement were the persuasive
arguments tonight. He stated he felt the Board needed to put some bite
into whatever ordinance was adopted. He questioned the wisdom of
granting a request such as this when admittedly the Board has no
capability of enforcing it.
Mr. Ashe then moved the adoption of proposed Resolution R01-55(R)
that reads:
A RESOLUTION RECOMMENDING THAT THE VIRGINIA DEPARTMENT OF GAME
AND INLAND FISHERIES CREATE A NO WAKE ZONE IN THE POQUOSON RIVER
WHEREAS, the Board has received and considered a copy of an
application to the Virginia Department of Game and Inland Fisheries (DGIF)
from Robert Holloway asking for the creation of a no wake zone in the
Poquoson River in the general vicinity of the Rogers L. Smith public
boat landing at the end of Tide Mill Road in York County; and
WHEREAS, the Board is of the opinion that the creation of a no
wake zone consistent with Mr. Holloway's application is in the public
interest;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 5th day of June, 2001, that it recommends that the
application of Robert Holloway to the Virginia Department of Game and
Inland Fisheries be granted, and that a no wake marker be placed in the
Poquoson River at a location approximately 100 feet from the shoreline
of Mr. Holloway's property.
On roll call the vote was:
Yea: (2) Ashe, Burgett
Nay: (3) Wiggins, Zaremba, Noll
HISTORICAL COMMITTEE REQUEST FOR TOURISM FUNDS
Mr. McReynolds made a brief presentation concerning the Historical
Committee's request for a $3,000 contribution for completion of the
project to clean and catalog the Chischiak Watch artifacts.
By consensus the Board directed that $3,000 be provided to the
York County Historical Committee for the purpose of completing the
project to clean and catalog the Chischiak Watch artifacts.
CLOSED MEETING. At 10:02 p.m. Mr. Wiggins 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;
Section 2.1-344(a)(3) pertaining to the acquisition of property to be
used for a public purpose.
On roll call the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
Meeting Reconvened. At 10:30 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 2.1-344.1 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 5th day of June, 2001, hereby certifies that, to
the best of each member's knowledge, (1) only public business matters
lawfully exempted from open meeting requirements by Virginia law were
discussed in the closed meeting to which this certification resolution
applies, and (2) only such public business matters as were identified in
the motion convening the closed meeting were heard, discussed, or
considered by the York County Board of Supervisors.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
APPOINTMENTS TO THE YORK COUNTY SENIOR CENTER BOARD
Mrs. Noll moved the adoption of proposed resolution R01-114 that
reads:
A RESOLUTION TO APPOINT SEVEN REPRESENTATIVES TO THE SENIOR CENTER
OF YORK BOARD
BE IT RESOLVED by the York County Board of Supervisors this 5th
day of June, 2001, that the following representatives be, and they are
hereby, appointed to the Senior Center of York Board, such terms to
begin on July 1, 2001, and expire June 30, 2005:
Flora B. Adams
Dana S. Burgett
John H. Dickens
Grace R. Dickens
Doris J. Eagle
Willie J. McIntosh
Mildred J. Russinko
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
REAPPOINTMENT TO THE YORK COUNTY WETLANDS BOARD
Mrs. Noll moved the adoption of proposed Resolution R01-107 that
reads:
A RESOLUTION TO REAPPOINT A MEMBER OF THE YORK COUNTY WETLANDS
BOARD
WHEREAS, the term of Roland G. Garrett, Jr., on the York County
Wetlands Board expires June 30, 2001; and
WHEREAS, Mr. Garrett has indicated he wishes to be reappointed to
the York County Wetlands Board;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 5th day of June, 2001, that Roland G. Garrett, Jr.,
be, and he is hereby, reappointed to the York County Wetlands Board for
a term of five years, such term to begin July 1, 2001, and expire on
June 30, 2006.
On roll call the vote was:
Yea: (5) Wiggins, Ashe, Zaremba, Noll, Burgett
Nay: (0)
APPOINTMENTS TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OF YORK
COUNTY
Mrs. Noll moved the adoption of proposed Resolution R01-112(R)
that reads:
A RESOLUTION TO APPOINT TWO MEMBERS TO THE YORK COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY
WHEREAS, on June 30, 2001, the terms of Raymond W. Walsh and R.
Anderson Moberg on the York County Industrial Development Authority
will expire;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 5th day of June, 2001, that R. Anderson Moberg be,
and he is hereby, reappointed to the York County Industrial Development
Authority for a term of four years, such term to begin July 1, 2001, and
expire June 30, 2005.
BE IT FURTHER RESOLVED that Leonard R. Miller be, and he is
hereby, appointed to the York County Industrial Development Authority
for a term of four years, such term to begin July 1, 2001, and expire
June 30, 2005.
On roll call the vote was:
Yea: (5) Ashe, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
APPOINTMENT OF OPERATIONAL MEDICAL DIRECTOR FOR DEPARTMENT OF FIRE
AND LIFE SAFETY
Mrs. Noll moved the adoption of proposed Resolution R01-118 that
reads:
A RESOLUTION TO APPOINT KIMBERLY J. MITCHELL, M.D., TO THE
POSITION OF OPERATIONAL MEDICAL DIRECTOR FOR THE YORK COUNTY DEPARTMENT
OF FIRE AND LIFE SAFETY
WHEREAS, the York County Department of Fire and Life Safety is
charged by the York County Board of Supervisors with the provision of
basic and advanced life support pre-hospital emergency medical care for
the citizens and visitors of York County, Virginia; and
WHEREAS, 12VAC5-30 and 12VAC5-30-120 of the Rules and Regulations
of the Commonwealth of Virginia, State Board of Health, Governing
Emergency Medical Services (EMS) mandates that all EMS agencies which
provide basic and advanced life support services shall be required to
have an Operational Medical Director in order to provide the necessary
medical control; and
WHEREAS, continuing to provide state-of-the-art emergency medical
services is in the best interest of the citizens and visitors of York
County, Virginia;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 5th day of June, 2001, that in considering the
recommendations of the County Administrator and the Fire Chief Kimberly
J. Mitchell, M.D., A.B.E.M., be and hereby is appointed to serve as
Operational Medical Director for the York County Department of Fire and
Life Safety.
BE IT FURTHER RESOLVED that Dr. Mitchell shall carry out the
duties required of that office under state law and shall be afforded
the cooperation, respect, title and privileges corresponding to the
responsibilities assumed with her appointment as Operational Medical
Director.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Ashe, Burgett
Nay: (0)
APPOINTMENTS TO THE YORK COUNTY PLANNING COMMISSION
Mrs. Noll moved the adoption of proposed Resolution R01-120 that
reads:
A RESOLUTION TO APPOINT MEMBERS TO THE YORK COUNTY PLANNING
COMMISSION TO REPRESENT ELECTION DISTRICTS 1 AND 2
WHEREAS, the terms of Andrew A. Simasek (District 1) and Spencer
W. Semmes (District 2) will expire June 30, 2001; and
WHEREAS, the Board has carefully reviewed the qualifications of
all eligible applicants for these two appointments;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 5th day of June, 2001, that the following appointments
are made to the York County Planning Commission to commence July 1, 2001
and expire June 30, 2005.
Spencer W. Semmes - Election District 1
Andrew A. Simasek - Election District 2
On roll call the vote was:
Yea: (5) Noll, Wiggins, Ashe, Zaremba, Burgett
Nay: (0)
Meeting Adjourned. At 10:45 p.m. Chairman Burgett declared the
meeting adjourned to 9:00 a.m., Saturday, June 9, 2001, in the
Resolution Room, Holiday Inn 1776, for the purpose of conducting a
retreat.
_____________________________
_______________________________
James O. McReynolds, Clerk
James S. Burgett, Chairman
York County Board of Supervisors
York County Board of Supervisors
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