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Regular Meeting
December 18, 2001
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board
of Supervisors was called to order at 7:01 p.m., Tuesday, December 18,
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 Thomas G. Shepperd.
Also in attendance were James O. McReynolds, County Administrator;
and James E. Barnett, County Attorney.
Invocation. Pastor Lynn Howard, Crossroads Community Church,
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 congratulated Mr. Russell E. Joyner for having
attained 20 years of service with the County and presented him with a
20-year service pin and certificate.
SENIOR CENTER OF YORK
Ms. Anne Smith, Director of Community Services, appeared to
express appreciation for a $5,000 contribution to the Senior Center from
Mr. William Barrow in memory of his late wife, Mrs. Bea Barrow.
OPERATIONAL EFFICIENCIES
Mr. James McReynolds made a presentation on the operational
efficiencies throughout the County that have helped provide more
efficient and effective services during the last twelve months. His
presentation included a written report to the Board detailing results of
the operational efficiencies. He cited examples of the program including
the refinancing of certificates of participation and bonds, condensing
the Little League program into one program, and the pilot Vehicle Test
Program. He advised that the operational efficiencies offered an
approximate savings to the County of $6.9 million.
CITIZENS COMMENT PERIOD
No one appeared to speak before the Board at this time.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. James Barnett reported that his office had submitted a
redistricting plan to the Justice Department, and he should be hearing
from the Justice Department on the submission in approximately 50 to 60
days.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds announced that an informational meeting was
scheduled for December 20 in the York High School cafeteria to provide
information on the proposed development of the King property. He
reminded the Board of its organizational meeting on January 2, 2002, at
7:00 p.m. He announced that Shari Crockett, a County employee in
Computer Support Services, had been chosen to carry the Olympic Torch in
Falls Church, Virginia, on December 21 and that she was also chosen to
meet the President at the White House on December 22. He wished the
Board and the staff a happy holiday season.
MATTERS PRESENTED BY THE BOARD
Mrs. Noll explained that the Hampton Roads Metropolitan Planning
Organization was in the process of developing the Transportation
Improvement Program for 2021. She encouraged those interested in
transportation improvements to visit the website for the Hampton Roads
Planning District Commission. She thanked the Department of Fire and
Life Safety for the pins presented to the Board and also noted her
appreciation for the American flags that were recently installed on
Route 17. She then wished everyone a happy holiday.
Mr. Wiggins expressed his appreciation for the opportunity to
serve the citizens of the County as Vice-Chairman of the Board of
Supervisors during the past year. He felt the year had been successful
in many ways, although the Nation had suffered greatly by the September
11 attack. He stated that York County officials were working to solve
many of the County's problems, including more support for the schools,
adequate drainage, and sewer and water facilities for all citizens. He
then wished everyone a happy holiday season.
Mr. Zaremba wished everyone a wonderful and safe holiday. He
explained that he moved to the area in 1983 and selected York County
because he felt it was the best locality the Peninsula had to offer. He
addressed the recent real estate tax assessments and explained that the
assessments represented a 4 to 12 percent increase. Mr. Zaremba
explained the necessary procedures for citizens to take regarding what
they feel are discrepancies relating to their assessments.
Mr. Shepperd also wished everyone a happy holiday season. He
referred to the real estate assessments, land use policies, and the four
categories of land use in the County - agriculture, horticulture,
forestry, and open spaces. He explained that some time ago the Board
removed forestry and open space as a means of reducing taxes. He was
concerned for the citizens who could not afford to pay the increased
taxes on their property thus necessitating a sale of their land which
would allow more development and growth within the County. He asked the
citizens from District V to contact him with their feelings about adding
back the forestry and open space exemption to qualify for a tax break.
Chairman Burgett stated that for many people, their home was the
largest investment, and their investment was making money. He explained
that the alternative to the increased assessments was to have property
value decreases, which may not be acceptable. He noted that the State
had monitored the County's assessments for accuracy, and he explained
the options available to citizens who dispute their assessment. He also
noted there were methods available to older citizens who may qualify for
tax relief. Chairman Burgett stated he had participated in Youth Week at
Tabb High School and the traditional Christmas tree lighting held at
York Hall, and that he also attended the Senior Prom at Tabb High School
sponsored by the Senior Center. He mentioned that the parking ordinance
for commercial vehicles was still being considered by the Board.
CONSENT CALENDAR
Mr. Shepperd asked that Item No. 6 be removed from the Consent
Calendar.
Mrs. Noll moved that the Consent Calendar be approved as amended,
Item Nos. 4 and 5, respectively.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Shepperd, Burgett
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 4. APPROVAL OF MINUTES
The minutes of the following meetings of the York County Board of
Supervisors were approved:
November 20, 2001, Regular Meeting
November 27, 2001, Adjourned Meeting
December 3, 2001, Adjourned Meeting
December 4, 2001, Regular Meeting
Item No. 5. REQUEST FOR TAX REFUND: Resolution R01-226.
A RESOLUTION TO AUTHORIZE A TAX REFUND TO SPRINTCOM, INC., AND
CLARK B. ANDERSON
WHEREAS, York County Code § 21-7.3 requires approval from the
Board of Supervisors for the payment of any refund of taxes, penalties
and interest in excess of $2,500.00; and
WHEREAS, Sprintcom, Inc., and Clark B. Anderson have made proper
requests for tax refunds for taxes erroneously paid; and
WHEREAS, the Commissioner of the Revenue, the Treasurer, and the
County Attorney have recommended that the tax refunds, with interest, be
granted;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 18th day of December, 2001, that the Commissioner
of the Revenue is authorized to refund to Sprintcom, Inc., property
taxes in the amount of $7,390.99, together with accrued interest in the
amount of $369.55 for a total refund of $7,760.54, and to refund to
Clark B. Anderson, personal property taxes in the amount of $3,041.30,
together with accrued interest in the amount of $152.07, for a total
refund of $3,193.37.
Item No. 6. SPEED LIMIT PROVISIONS - KINGS VILLA (VILLA WAY):
Proposed Resolution R01-228. (Removed from the Consent Calendar)
Mr. Shepperd asked the County Administrator to explain the
procedure for neighborhoods to obtain the additional $200 speed limit
sign. He stated that he had several citizens in his district ask about
the program.
Mr. McReynolds explained that it was a VDOT regulated program, and
each neighborhood would have to apply in order to have the fines
established. He noted that a study and a survey of citizens had to be
completed as a part of the requirement for instituting the fine.
Mr. Shepperd then moved the adoption of proposed Resolution
R01-228 that reads:
A RESOLUTION TO REQUEST THAT THE VIRGINIA DEPARTMENT OF
TRANSPORTATION INSTALL APPROPRIATE SIGNS, AS STIPULATED IN SECTION
46.2-878.2 OF THE CODE OF VIRGINIA, TO ESTABLISH INCREASED PENALTIES
FOR SPEEDING ON VILLA WAY IN THE KINGS VILLA SUBDIVISION
WHEREAS, Section 46.2-878.2 of the Code of Virginia authorizes the
posting of certain residential streets for an increased fine of $200, in
addition to other penalties prescribed by law, for vehicles exceeding
the maximum established speed limit; and
WHEREAS, the Virginia Department of Transportation (VDOT) is
responsible for administering the regulations established to implement
this law and will entertain requests for establishing the restrictions
upon receipt of a formal request and resolution from the Board of
Supervisors; and
WHEREAS, residents of Kings Villa have requested that said
restrictions be imposed on Villa Way; and
WHEREAS, the York County Board of Supervisors perceives that a
speeding problem exists based on enforcement records reported by the
York County Sheriff's office and community support; and
WHEREAS, the Board of Supervisors has reviewed this request and
believes that the designated roads meet the eligibility requirements
prescribed by VDOT;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of Supervisors
this the 18th day of December, 2001, that the Virginia Department of
Transportation be, and it is hereby, requested to approve and install
signs pursuant to Section 46.2-878.2 of the Code of Virginia, to
designate Villa Way (Route 1545) as a street on which a fine of $200 in
addition to other penalties prescribed by law may be imposed for
violations of the posted speed limit.
BE IT FURTHER RESOLVED that the County Administrator is requested
to forward a copy of this resolution and any necessary supporting
documentation to the Virginia Department of Transportation for its
review and approval.
On roll call, the vote was:
Yea: (5) Noll, Wiggins, Shepperd, Zaremba, Burgett
Nay:
NEW BUSINESS
YORK HALL USE POLICY
Mr. Carter made a presentation on proposed Resolution R01-234 to
amend Board Policy BP00-18 to establish additional opportunities for use
of York Hall by groups and organizations. He pointed out a minor change
in the policy on Item 4-D, recommending that the word
"periodic" be struck to eliminate a conflict internal to the
policy. He explained that staff recommended adoption of proposed
Resolution R01-234(R).
Discussion ensued on groups allowed to use York Hall.
Mr. Shepperd pointed out a discrepancy in the hours of use
mentioned in the administrative directive.
Chairman Burgett suggested the verbage "with the exception of
Thursdays" should be added to 5-C entitled Hours of Availability.
Ms. Noll then moved the adoption of proposed Resolution R01-234(R)
that reads:
A RESOLUTION TO AMEND BOARD POLICY BP00-18, YORK HALL USE
POLICY, TO ESTABLISH ADDITIONAL OPPORTUNITIES FOR USE OF YORK HALL BY
GROUPS AND ORGANIZATIONS
WHEREAS, Board Policy BP00-18 was adopted by the York County Board
of Supervisors to establish certain guidelines covering the use of York
Hall by County and non-County users; and
WHEREAS, the Board has determined that it would be appropriate to
expand the opportunities for use of York Hall by groups and
organizations; and
WHEREAS, the County Administrator has made recommendations for
such changes in his report to the Board dated December 7, 2001; and
WHEREAS, the Board has reviewed the proposed amendments and
determined them to be appropriate for adoption;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 18th day of December, 2001, that Board Policy
Number BP00-18 be, and it is hereby, amended to read as set forth in the
attachment to the County Administrator's report to the Board dated
December 7, 2001, and as amended by the Board this date.
On roll call the vote was:
Yea: (5) Wiggins, Shepperd, Zaremba, Noll, Burgett
Nay: (0)
PUBLIC HEARINGS
SECONDARY ROAD IMPROVEMENT PLAN, FY2002-2003 through FY2007-2008
Mr. Mark Carter, Planning and Zoning Manager, made a presentation
on proposed Resolution R01-215 to approve a project priority listing for
secondary road construction for the six-year period FY03 through FY08,
and to approve a construction budget for FY03. He stated that staff
recommended adoption of the proposed resolution, and the Planning
Commission had reviewed the package and found all the projects to be
consistent with the Comprehensive Plan as required by the State Code.
Mr. Zaremba noted that Mooretown Road was not listed in the
budget, and he asked for an explanation.
Mr. John Mazur, Assistant Resident Engineer, Virginia Department
of Transportation (VDOT), explained that sometimes when projects are
completed, as Mooretown Road was, right-of-way issues and outstanding
issues that have to go through court take longer to get actual amounts
that are owed on them. He stated that many times the payments for
right-of-way purchases come after a project has been completed.
Further discussion followed concerning the Mooretown Road area.
Mr. Zaremba then asked about the extension of Fort Eustis
Boulevard.
Mr. Mazur stated the project was slated to begin in June 2003.
Mrs. Noll stated she hoped the problems would be eliminated at
Government Road and Penniman Road when the construction drawings were
finally completed.
Mr. Shepperd addressed the $390,000 that was earmarked for the Big
Bethel Road and Cary's Chapel Road areas and the $1.2 million for the
Secondary Road Construction Plan. He asked about the duration of the
project.
Mr. Mazur explained that approximately 9 months of construction
would be necessary.
Discussion ensued regarding the proposed Secondary Road
Improvement Plan.
Chairman Burgett called to order a public hearing on proposed
Resolution R01-215 which was duly advertised as required by law and is
entitled:
A RESOLUTION TO APPROVE A PROJECT PRIORITY LISTING FOR SECONDARY ROAD
CONSTRUCTION FOR THE SIX-YEAR PERIOD FY2002-03 THROUGH FY2007-08 AND
TO APPROVE A CONSTRUCTION BUDGET FOR FY 2002-2003
There being no one present who wished to speak concerning the
subject Resolution, Chairman Burgett closed the public hearing.
Mrs. Noll then moved the adoption of proposed resolution R01-215
that reads:
A RESOLUTION TO APPROVE A PROJECT PRIORITY LISTING FOR SECONDARY
ROAD CONSTRUCTION FOR THE SIX-YEAR PERIOD FY2002-03 THROUGH FY2007-08
AND TO APPROVE A CONSTRUCTION BUDGET FOR FY 2002-2003
WHEREAS, the York County Board of Supervisors has been requested
to give consideration to a proposed program of secondary road
improvements contained in the six-year plan; and
WHEREAS, the Resident Engineer of the Virginia Department of
Transportation has provided a recommended program which the Commission
has carefully considered; and
WHEREAS, the York County Planning Commission has specifically
reviewed the proposed projects with respect to their conformance with
the York County Comprehensive Plan; and
WHEREAS, the Board and the Virginia Department of Transportation
have jointly conducted a duly advertised public hearing on the proposal
in accordance with applicable procedures;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 18th day of December, 2001, that the Board does
hereby adopt the following project priorities for the Six-Year Secondary
Road Plan during the six-year period of FY2002-2003 through FY2007-2008:
Rural Addition - Kay Lane - improvements necessary for acceptance
into Secondary System
1. Lakeside Drive - intersection improvements between School Lane
and Dare Road
2. Dare Road - install a left turn lane along westbound lane at
Constitution Drive
3. Big Bethel Road - intersection improvements at Route 134 and
Route 171
4. Fort Eustis Boulevard Extension - construct a new road on a new
location between the current terminus at Patriot Square Shopping Center
and Goodwin Neck Road at its intersection with Seaford Road
5. Penniman Road - reconstruct and pave from Alexander Lee Parkway
to Fillmore Drive
6. Carys Chapel Road - construct intersection improvement at
Victory Boulevard
7. Water Country Parkway - relocate/realign to eliminate s-curve
and reconstruct to improve access to economic priority area
8. Burts Road - reconstruct and re-align Grafton Drive/Dare
Road/Route 17 intersection to accommodate connection of Grafton Drive
and Burts Road
9. Burts Road - connect with Grafton Drive on a new corridor
alignment parallel to Route 17
10. Burts Road - reconstruct from intersection with Grafton Drive
connector south to Oriana Road
11. Yorkville Road - improve 90-degree curve
12. Yorktown Road - reconstruct from Tabb Lane to Big Bethel Road
13. Seaford Road - widen shoulders between Goodwin Neck Road and
Seaford Elementary School
14. Allens Mill Road - drainage and spot safety improvements
between Wolf Trap Road and Dare Road
14. Waller Mill Rail Trail - provide 20% local match for
Enhancements Program for construction of a multi-use path parallel to
Airport Road
15. Cook Road - provide 20% local match for CMAQ-funded project to
construct bicycle lanes between the northern intersection of Surrender
Road and Moore House Road
BE IT FURTHER RESOLVED that the Board of Supervisors hereby
approves the Secondary System Constriction Budget for FY 2002-2003 as
presented by the Resident Engineer of the Virginia Department of
Transportation.
BE IT STILL FURTHER RESOLVED that the Resident Engineer be, and he
is hereby, commended for his assistance and support in addressing the
transportation needs of the County.
BE IT STILL FURTHER RESOLVED that the County Administrator be, and
he is hereby, authorized to sign and execute all such documents as are
necessary to evidence the Board's approval of the Construction Budget
and the Six-Year Plan.
On roll call the vote was:
Yea: (5) Shepperd, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
LICENSE REQUIREMENT FOR COLLECTION AGENCIES
Mr. Barnett made a presentation on proposed Ordinance No. 01-25 to
amend the York County Code to delete a requirement that collection
agencies shall be licensed by the Virginia Collection Agency Board.
Chairman Burgett called to order a public hearing on proposed
Ordinance No. 01-25 which was duly advertised as required by law and is
entitled:
AN ORDINANCE AMENDING YORK COUNTY CODE § 14-27, DELETING A
REQUIREMENT THAT COLLECTION AGENCIES SHALL BE LICENSED BY THE VIRGINIA
COLLECTION AGENCY BOARD
There being no one present who wished to speak concerning the
subject ordinance, Chairman Burgett closed the public hearing.
Mrs. Noll then moved the adoption of proposed Ordinance No. 01-25
that reads:
AN ORDINANCE AMENDING YORK COUNTY CODE § 14-27, DELETING A
REQUIREMENT THAT COLLECTION AGENCIES SHALL BE LICENSED BY THE VIRGINIA
COLLECTION AGENCY BOARD
WHEREAS, York County Code § 14-27(d)(4) requires, in part, that
no business license shall be issued for the operation of a collection
agency unless the applicant has been licensed by the Virginia Collection
Agency Board; and
WHEREAS, the Virginia Collection Agency Board is no longer in
existence, and there is no state license established for collection
agencies; and
WHEREAS, the Board desires to amend York County Code §
14-27(d)(4) to delete the requirement for a collection agent to be
licensed by the Virginia Collection Agency Board;
NOW THEREFORE BE IT ORDAINED by the York County Board of
Supervisors this the 18th day of December, 2001, that York County Code
§ 14-27(d)(4) is amended as follows:
Sec. 14-27. Classification of business.
* * *
(d) Repair, personal, business and other services.
(1) The repairing, renovating, cleaning or servicing of some
article or item of personal property for compensation is a repair
service, unless the service is specifically provided for under another
section.
(2) Any service rendered for compensation either upon or for
persons, animals or personal effects is a personal service, unless the
service is specifically provided for under another section.
(3) Any service rendered for compensation to any business, trade,
occupation or governmental agency is a business service, unless the
service is specifically provided for under another section of these
guidelines.
(4) Those rendering a repair, personal or business service or
other service include, but are not limited to the following:
Advertising agencies
Airports
Ambulance services
Amusements and recreation services (all types)
Animal hospitals, grooming services, kennels or stables
Auctioneers and common criers
Barber shops, beauty parlors, and hairdressing establishments, schools
and ser-vices
Bid or building reporting service
Billiard or pool establishments or parlors
Blacksmiths or wheelwrights
Bondsman**
Booking agents or concert managers
Bottle exchanges
Bowling alleys
Brokers and commission merchants other than real estate or financial
brokers
Business research and consulting services
Cable television services
Chartered clubs
Child care attendants or schools
Collection agents or agencies
Commercial photography, art and graphics
Commercial sports
Dance halls, studios and schools
Data processing, computer and systems development services
Developing or enlarging photographs
Drafting services
Engraving
Erecting, installing, removing or storing awnings
Freight traffic bureaus
Fumigating or disinfecting
Funeral services and crematories
Golf courses, driving ranges and miniature golf courses
Hauling of sand, gravel or dirt
Hotels, motels, tourist courts, boarding and rooming houses and trailer
parks and campsites
House cleaning services
Impounding lots
Information bureaus
Instructors, tutors, schools and studios of music, ceramics, arts,
sewing, sports and the like
Interior decorating
Janitorial services
Landscape services and yard maintenance services
Laundry cleaning and garment services including laundries, dry cleaners,
linen supply, diaper service, coin-operated laundries, and carpet and
upholstery cleaning
Mailing, messenger and correspondent services
Marinas and boat landings
Massage parlors
Movie theaters and drive-in theaters
Nickel plating, chromizing and electroplating
Nurses and physician registries
Nursing and personal care facilities including nursing homes,
convalescent homes, homes for the retarded, old age homes and rest
homes.
Packing, crating, shipping, hauling or moving goods or chattels for
others
Parcel delivery service
Parking lots, public garages and valet parking
Pawnbrokers
Personnel services, labor agents and employment bureaus
Photographers and photographic services
Piano tuning
Picture framing and gilding
Porter services
Press clipping services
Public hospitals
Promotional agents or agencies
Public relations services
Realty multiple listing services
Renting or leasing any items of tangible personal property
Reproduction services
Secretarial services
Seamstress services
Septic tank cleaning
Shoe repair, shoe shine and hat repair shops
Sign painting
Solid waste collection services
Storage, all types
Swimming pool maintenance and management
Tabulation services
Tailor services
Taxidermist
Telephone answering services
Theaters
Theatrical performers, bands and orchestras
Towing services
Transportation services including buses and taxis
Travel bureaus
Tree surgeons, trimmers and removal services
Turkish, Roman or other like baths or parlors
Wake-up services
Washing, cleaning or polishing automobiles
(5) Any person buying or selling any kinds of goods, wares or
merchandise for another on commission is a commission merchant and is
engaged in a business service.
(6) Photographers who have no place of business in Virginia may be
subject to local license taxation as imposed by section 14-28 of this
chapter.
(7) Sign painting is a service unless the sign is painted on the
side of a building or any other structure assessed as realty in which
case the sign painting is contracting.
(8) An amusement is a type of entertainment or show for which
compensation is received and that is not specifically provided for
under another section.
(9) As used in this subsection, the term "renting or leasing
any items of tangible personal property" shall not include persons
engaged in the short-term rental business, as defined in section
21-120.
**No license shall be issued to any bondsman unless and until the
applicant shall have first obtained a certificate from the judge of the
circuit court of the county, as provided in Article IV, Chapter 9 of
Title 19.2, Code of Virginia. If a professional bondsman has a license
granted by any other county or city, he shall be authorized to enter
into bonds within the County of York. No certificate shall be required
for any bondsman having a current certificate and license which
certificate remains in full force and effect.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Shepperd, Burgett
Nay: (0)
REQUEST FOR FUNDING FOR THE YORKTOWN PIER
Mr. McReynolds made a presentation on proposed Resolution R01-229
to request the Commonwealth Transportation Board to approve funding
through the Virginia Transportation Enhancement Program for
construction of the proposed Yorktown Pier.
Mr. Shepperd asked where the 51 percent of the money was coming
from.
Mr. McReynolds stated that the program delegated money from the
federal government to the state, and the state administered the
allocation of those funds.
Mr. Shepperd stated the project was going to cost $2.8 million,
and the County was asking for $800,000. He noted the previous
indications were that the County would not get what it requested, and
he questioned where the balance of the projected $2.8 million would come
from.
Mr. McReynolds explained the money would come primarily from
borrowing, as well as from support through the lodging tax.
Chairman Burgett called to order a public hearing on proposed
Resolution R01-229 which was duly advertised as required by law and is
entitled:
A RESOLUTION TO REQUEST THE COMMONWEALTH TRANSPORTATION BOARD TO
APPROVE FUNDING THROUGH THE VIRGINIA TRANSPORTATION ENHANCEMENT PROGRAM
FOR CONSTRUCTION OF THE PROPOSED YORKTOWN PIER
There being no one present who wished to speak concerning the
subject resolution, Chairman Burgett closed the public hearing.
Mr. Zaremba stated he felt it was time to update the Board and the
citizens on the progress on the Yorktown Master Plan implementation.
Mr. Shepperd then moved the adoption of proposed Resolution
R01-229 that reads:
A RESOLUTION TO REQUEST THE COMMONWEALTH TRANSPORTATION BOARD TO
APPROVE FUNDING THROUGH THE VIRGINIA TRANSPORTATION ENHANCEMENT PROGRAM
FOR CONSTRUCTION OF THE PROPOSED YORKTOWN PIER
WHEREAS, the Yorktown Master Plan, adopted on March 4, 1993,
subsequent to public hearing, proposes various improvements along the
Yorktown waterfront including construction of a new pier, adaptation of
the former warehouse/ferry building to public use, establishment of an
open-air public plaza, and construction of a riverwalk along the York
River; and
WHEREAS, these proposals were reaffirmed and refined during a
community planning workshop conducted in July 1998 and are widely
supported as important and integral elements of the Yorktown
improvement effort that has been underway since 1988; and
WHEREAS, the waterfront and riverwalk concepts can be greatly
enhanced by construction of the new pier; and
WHEREAS, the York County Board of Supervisors desires to make
application under the Virginia Transportation Enhancement Program for
funding to assist in the completion of this project; and
WHEREAS, the Board is appreciative of the partial funding approved
in 1994, 1999, and 2000 for the Yorktown Waterfront projects and wishes
to have consideration given to an additional funding allocation of
$800,000 for the proposed pier project; and
WHEREAS, in accordance with Commonwealth Transportation Board
construction allocation procedures, it is necessary that a request, by
resolution, be received from the Board of Supervisors in order for the
Virginia Department of Transportation to provide funding for a
Transportation Enhancement Program project in York County; and
WHEREAS, the York County Board of Supervisors has conducted a duly
advertised public hearing on this request;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 18th day of December, 2001, that it hereby requests
the Commonwealth Transportation Board to approve supplementary funding
in the amount of $800,000 for the Transportation Enhancement Program
project for the Yorktown Pier.
BE IT FURTHER RESOLVED that the York County Board of Supervisors
hereby agrees to pay at least 20 percent of the total cost for planning,
design, right-of-way, and construction of this project; and that, if
York County subsequently elects to cancel the project, the Board hereby
agrees to reimburse the Virginia Department of Transportation for the
total amount of the costs expended by the Department through the date
the Department is notified of such cancellation.
On roll call the vote was:
Yea: (5) Noll, Wiggins, Shepperd, Zaremba, Burgett
Nay: (0)
CLOSED MEETING. At 8:38 p.m. Mr. Wiggins moved that the meeting be
convened in Closed Meeting pursuant to Section 2.1-3711(a)(1) of the
Code of Virginia pertaining to appointments to Boards and Commissions;
Section 2.1-3711(a)(3) pertaining to the acquisition of real property
for a public purpose; and Section 2.1-3711(a)(5) pertaining to a
prospective business or industry or expansion of an existing business or
industry.
On roll call the vote was:
Yea: (5) Wiggins, Shepperd, Zaremba, Noll, Burgett
Nay: (0)
Meeting Reconvened. At 9:03 p.m. the meeting was reconvened in
open session by order of the Chair.
Mr. Zaremba moved the adoption of proposed Resolution SR-1 that
reads:
A RESOLUTION TO CERTIFY COMPLIANCE WITH THE FREEDOM OF
INFORMATION ACT REGARDING MEETING IN CLOSED MEETING
WHEREAS, the York County Board of Supervisors has convened a
closed meeting on this date pursuant to an affirmative recorded vote and
in accordance with the provisions of the Virginia Freedom of Information
Act; and
WHEREAS, Section 2.2-3711 of the Code of Virginia requires a
certification by the York County Board of Supervisors that such closed
meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 18th day of December, 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 executive meeting were heard, discussed, or
considered by the York County Board of Supervisors.
On roll call the vote was:
Yea: (5) Shepperd, Zaremba, Noll, Wiggins, Burgett
Nay: (0)
APPOINTMENT TO THE SENIOR CENTER OF YORK BOARD
Mrs. Noll moved the adoption of proposed Resolution R01-232 which
reads:
A RESOLUTION TO APPOINT A REPRESENTATIVE TO THE SENIOR CENTER OF
YORK BOARD
WHEREAS, the recent death of Mrs. Margie Harris creates a vacancy
on the Senior Center of York Board;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 18th day of December, 2001, that JoAnne H. Foudriat
be, and is hereby, appointed to the Senior Center of York Board to fill
the unexpired term of Mrs. Margie Harris, such term to begin immediately
and expire June 30, 2005.
On roll call the vote was:
Yea: (5) Zaremba, Noll, Wiggins, Shepperd, Burgett
Nay: (0)
APPOINTMENT TO THE TRANSPORTATION SAFETY COMMISSION
Mrs. Noll moved the adoption of proposed Resolution R01-224 which
reads:
A RESOLUTION TO APPOINT TWO MEMBERS TO THE YORK COUNTY
TRANSPORTATION SAFETY COMMISSION
WHEREAS, Frank Grim and Adrian Rymer will complete their
respective terms on the York County Transportation Safety Commission on
December 31, 2001;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 18th day of December, 2001, that the following
individuals be, and they are hereby, appointed to serve on the York
County Transportation Safety Commission for terms to begin on January 1,
2002 and expire on December 31, 2004:
Adrian H. Rymer
Ralph A. Smith
On roll call the vote was:
Yea: (5) Noll, Wiggins, Shepperd, Zaremba, Burgett
Nay: (0)
APPOINTMENT TO THE REGIONAL ISSUES COMMITTEE
Mr. Wiggins moved the adoption of proposed Resolution R01-231
which reads:
A RESOLUTION TO APPOINT A MEMBER TO THE REGIONAL ISSUES COMMITTEE
WHEREAS, Dennis Gardner has served as a citizen member to the
Regional Issues Committee since 1998; and
WHEREAS, Mr. Gardner's current two-year term will expire December
31, 2001; and
WHEREAS, the Board wishes to appoint a citizen to fill the vacancy
on the Regional Issues Committee;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 18th day of December, 2001, that the following
individual is hereby appointed to serve for two years on the Regional
Issues Committee, such term to expire December 31, 2003.
Paul D. Brindza
On roll call the vote was:
Yea: (5) Wiggins, Shepperd, Zaremba, Noll, Burgett
Nay: (0)
Meeting Adjourned. At 9:08 p.m. Chairman Burgett declared the
meeting adjourned sine die.
____________________________
_______________________________
James O. McReynolds, Clerk
James S. Burgett, Chairman
York County Board of Supervisors
York County Board of Supervisors
NOTE: In accordance with Section 15.2-1241 of the Code of
Virginia, the minutes of this meeting were read at the February 5, 2002,
Regular Meeting of the Board of Supervisors, and Chairman Wiggins was
directed to sign such.
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