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Regular Meeting
May 7, 2002
7:00 p.m.
Meeting Convened. A Regular Meeting of the York County Board of
Supervisors was called to order at 7:00 p.m., Tuesday, May 7, 2002, in
the Board Room, York Hall, by Chairman Donald E. Wiggins.
Attendance. The following members of the Board of Supervisors were
present: Sheila S. Noll, Donald E. Wiggins, James S. Burgett, and Thomas
G. Shepperd.
Walter C. Zaremba was absent.
Also in attendance were James O. McReynolds, County Administrator;
and James E. Barnett, County Attorney.
Invocation. Reverend Harry Warren, St. John Baptist Church, gave the
Invocation.
Pledge of Allegiance to the Flag of the United States of America. Mr.
Burgett led the Pledge of Allegiance.
PRESENTATIONS
INTRODUCTION OF NEW MEMBERS TO YORK COUNTY BOARDS AND COMMISSIONS
Chairman Wiggins welcomed and introduced the following new Boards and
Commissions members and presented them with York County pins and Boards
and Commissions handbooks:
Leona M.
Self
Beautification Committee
Lanna T. Rackley Beautification
Committee
Bernice
Little
Beautification Committee
Donna Lushbaugh Arts Commission
William T. Euker Parks
and Recreation Advisory Board
OUTSTANDING YOUTH OF THE YEAR AWARDS
Chairman Wiggins noted that this was the 13th year that the York
County Youth Commission and the Board of Supervisors had sponsored the
Outstanding Youth of the Year Awards. He noted that there are four
awards in the categories of Courage, Compassion, Overall Achievement,
and Community Service. A reception was held earlier in the evening to
honor this year's recipients, and at this time it was the Board's
pleasure to publicly recognize them.
Ms. Tara Smiddy, York County Youth Commissioner, read the citations
for each of the awardees, and Chairman Wiggins presented the recipients
with a bound and sealed copy of the commendation resolution and an
engraved Jefferson Cup in recognition of their accomplishments.
Presentations for this year's awards were made to:
Lynn
Gantt
Community Service
Chris
Winner
Compassion
Jennifer Tonneson Overall Achievement
Bobbie Robertson Courage
CITIZENS COMMENT PERIOD
Mr. Bruce Peterson, President of the York County Business
Association, spoke of the individuals who helped provide support to the
law enforcement officers during the event at the Tabb Library last
Saturday. He noted that donations of merchandise from local businesses
as well as cash were received.
COUNTY ATTORNEY REPORTS AND REQUESTS
Mr. Barnett also spoke of the County's involvement in last Saturday's
event at the Tabb Library. He stated that many questions were raised
about the County's Public Areas Ordinance and the requirement for
permits to demonstrate. Questions were asked about the County's building
use policy and ways to tighten it up or improve it. He stated that with
recent Supreme Court decisions, he had some ideas for modifying the
County's policy. Mr. Barnett then noted he had a new clerk from the
College of William and Mary starting in his office on Monday, and one of
the first things he would have her do is delve into those areas and
bring the Board some alternative ideas and suggestions during the
summer.
COUNTY ADMINISTRATOR REPORTS AND REQUESTS
Mr. McReynolds thanked everyone who took part in the preparations for
the meeting at the Tabb Library this past Saturday. He noted that the
event went better than expected as there could have been several hundred
people in attendance. A small turn-out occurred, and order was
maintained. Mr. McReynolds stated that the County could handle the
expenditures for the event within existing appropriations. During this
year's review of County policies, staff will be looking at the
Facilities Use Policy to see if any changes are necessary. He noted that
on the Consent Calendar this evening was a proposed resolution to ratify
two mutual aid agreements in an on-going attempt to reduce costs while
being prepared to respond to emergencies. Staff is continuing to work
with VDOT officials in Richmond on the appropriate approach to consider
no-parking restrictions for commercial vehicles, and they anticipate
approval from the Attorney General's office on a draft soon so that the
Board can conduct a work session. Once the ordinance is prepared, the
Commonwealth Transportation Board must also approve it. Mr. McReynolds
then indicated he would be out of the office on Friday attending a VACo
Communications Committee meeting.
MATTERS PRESENTED BY THE BOARD
Mrs. Noll spoke of the upcoming Safety Town Program sponsored by the
County, area businesses, and the community, and encouraged interested
individuals to register their children for this very popular program.
She then spoke concerning her recent visit to Zweibrücken, Germany, and
on the Exchange Program. She stated she and Mr. McReynolds were received
very warmly on their visit to help celebrate Zweibrücken's 650th
anniversary, and it was evident that Yorktown held a special place in
the hearts of the Zweibrücken people. Mrs. Noll stated some people have
denounced the exchange program and the student exchange program in
particular. She noted the future of the County rests on the youth, and
this program opens their eyes to the world at large and not just to what
is happening in York County. The students bring back many intangibles as
well as the good times they have had. Mrs. Noll stated she hoped the
Board would reaffirm its commitment to the exchange program.
Mr. Burgett stated that on Friday the "Right Choices for
Youth" luncheon and forum would be conducted, and York County's
youth did very well at the recent convention in Northern Virginia. He
reported that the County's Master Gardener's plant sale last Saturday
was a tremendous success. Mr. Burgett commended the Community Services
staff for the outstanding job they did on the Volunteer Appreciation
Picnic held April 20, noting that over $600,000 in contributions of time
and goods were recognized by these volunteers. He then mentioned the
event at the Tabb Library last Saturday, stating he had attended several
of the planning meetings. The staff of the York County Sheriff's Office
working with the State Police and other County offices did an incredible
job. He stated the plan worked because the event was kept to a
non-event, and no one was injured and no property was damaged.
Meeting Recessed. At 7:52 p.m. Chairman Wiggins declared a short
recess.
Meeting Reconvened. At 8:02 p.m. the meeting was reconvened in open
session by order of the Chair.
PUBLIC HEARINGS
VACATION OF SEWER EASEMENT
Mr. Barnett made a presentation on proposed Resolution R02-87 to
authorize the execution of a deed vacating a portion of a sewer easement
across property of Lucky Dawg Enterprises, L.L.C.
Mr. Shepperd stated he realized this discrepancy occurred some time
ago, but it struck him odd that it would happen in a time when it was
just a matter of reading the property plat.
Mr. Hudgins stated this instance did not indicate a wide-spread
problem, noting he felt it was a field change of the sewer line
location, and the easement was not updated at the time. He stated since
he has been with the County he was not aware of this happening at any
other time. He noted that the County had procedures in place today so
that as a project is completed, the as-builts are compared with the
plats.
Chairman Wiggins then called to order a public hearing on proposed
Resolution R02-87 that was duly advertised as required by law as is
entitled:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A DEED
VACATING A PORTION OF A SEWER EASEMENT ACROSS PROPERTY OF LUCKY DAWG
ENTERPRISES, L.L.C.
There being no one present who wished to speak concerning the subject
resolution, Chairman Wiggins closed the public hearing
Mrs. Noll then moved the adoption of proposed Resolution R02-87 that
reads:
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO EXECUTE A DEED
VACATING A PORTION OF A SEWER EASEMENT ACROSS PROPERTY OF LUCKY DAWG
ENTERPRISES, L.L.C.
WHEREAS, by a deed dated March 15, 1977, and recorded in the Clerk's
Office of the Circuit Court for the County of York, in Deed Book 301,
page 740, the County acquired a 16' sewer utility easement across
property located on Hampton Highway (State Route 134) and adjacent to
Tabb Middle School; and
WHEREAS, it has been discovered that the sewer line for which the
easement was acquired was constructed outside of the sewer easement; and
WHEREAS, the owner of the property has agreed to dedicate an
appropriately located sewer easement in exchange for a vacation of that
portion of the existing easement which crosses its property line.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 7th day of May, 2002, that the County Administrator is
hereby authorized to execute a deed, such deed to be approved as to form
by the County Attorney, vacating that portion of an existing sewer
easement created by a deed recorded in Deed Book 301, page 740, as it
crosses property owned by Lucky Dawg Enterprises, L.L.C. and further
identified as York County Tax Map Parcel 37-53, provided that the owner
shall simultaneously convey to the County a sewer easement in the actual
location of the existing sewer line.
On roll call the vote was:
Yea: (4) Noll, Burgett, Shepperd, Wiggins
Nay: (0)
APPLICATION NO. UP-594-02, DOMINION VIRGINIA POWER
Mr. J. Mark Carter, Planning and Zoning Manager, with the use of a
video display, made a presentation on Application No. UP-594-02 which
requests the amendment of a special use permit pertaining to the
conditions relating to fly ash removal from the Dominion Virginia
Power-Yorktown Power Station. 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 Resolution R02-70.
Mr. Shepperd asked about the fly ash material and whether or not it
was harmful in any way.
Mr. Carter stated it was not a hazardous material, and he spoke of
the many marketable uses for the fly ash.
Discussion followed concerning the current approved haul routes and
the possibility of the Board revisiting its approval of any approved
route.
Chairman Wiggins then called to order a public hearing on Application
No. UP-594-02 which was duly advertised as required by law. Proposed
Resolution R02-70 is entitled:
A RESOLUTION TO AMEND RESOLUTION NO. R82-221(R-2), AS AMENDED BY
RESOLUTION NOS. R92-191(R), R92-292, AND R99-69(R), REGARDING HAUL
ROUTES FOR THE REMOVAL OF FLY ASH FROM THE DOMINION VIRGINIA
POWER-YORKTOWN POWER STATION AND ASH DISPOSAL SITE
Mr. John Matthews, representing Dominion Virginia Power, introduced
Mr. Bruce Easley from the Yorktown Power Station and Mr. Junkleman and
Mr. Wallace from the community advisory team from the Waterview
Homeowners Association. He indicated there are no changes to the levels
of service regarding the traffic from the additional haul route, and the
proposal had been coordinated with the Industrial Development Authority
on numerous occasions. He noted that future improvements to Newsome
Drive had also been coordinated.
Chairman Wiggins stated that York County appreciates everything
Virginia Power has done for York County over the years, noting he had
never seen a company get along as well with its neighbors as Virginia
Power does here in York County. Chairman Wiggins stated the problem he
saw was the intersection at the curve where Old York-Hampton Highway
meets the road going into the industrial park. He stated he feels it is
very dangerous in the early mornings and in the evenings.
Mr. Matthews spoke of the traffic analysis which was conducted for
the application, stating the largest number of turning movements
occurred during the morning hours, and they are vehicles leaving the
industrial parks and going out to Route 17. He stated that when the
projected added trips were added to the mix, the level of service was
not affected adversely. Mr. Matthews also mentioned VDOT's plan to
install a stop sign at the intersection if and when the two industrial
parks were completely built out.
Discussion followed on VDOT plans to make improvements to Old
York-Hampton Highway and the intersection in question.
Mr. James McCormick, 306 Allen Harris Drive, stated that in 1999
there was a considerable mining project proposed by Virginia Power to
supply material to Amoco, and it was noted that the traffic impact was
to be considerable at that time. The project was deemed inappropriate by
the Board at the time, and in the same time period the Environmental
Protection Agency denied the County's selected preference for the
extension of Route 105 based on the fly ash hauling in the area. He
stated these two issues are not addressed in any of the documents on
this proposal, and he asked what had changed since that time. Mr.
McCormick also noted there are houses along Old York-Hampton Highway,
even if they are of a non-conforming nature, that will be affected by
the increased traffic. Mr. McCormick expressed his agreement with Mr.
Wiggins that the intersection was dangerous, and he suggested that the
two existing haul routes were adequate.
Mrs. Noll asked Mr. Carter to clarify the need for the additional
route.
Mr. Carter stated it was his understanding that there is difficulty
meeting all the commercial entrance requirements for the Wolf Trap Road
access route. He stated he did not recall that Newsome Drive was a
proposed route in 1999 at the time the Wolf Trap Road route was
considered.
There being no one else present who wished to speak concerning the
subject application, Chairman Wiggins closed the public hearing.
Mr. Burgett stated that Virginia Power has always been an excellent
corporate citizen in the community and goes above and beyond. He stated
he could understand the importance of this new route because it is the
most direct route and it goes through the industrial park that was
created for the county. He stated the simplicity of this route makes it
the best choice.
Mrs. Noll then moved the adoption of proposed Resolution R02-70 that
reads:
A RESOLUTION TO AMEND RESOLUTION NO. R82-221(R-2), AS AMENDED BY
RESOLUTION NOS. R92-191(R), R92-292, AND R99-69(R), REGARDING HAUL
ROUTES FOR THE REMOVAL OF FLY ASH FROM THE DOMINION VIRGINIA
POWER-YORKTOWN POWER STATION AND ASH DISPOSAL SITE
WHEREAS, Dominion Virginia Power has submitted Application No.
UP-594-02 to amend Resolution No. R82-221(R-2), as amended by Resolution
Nos. R92-191(R), R92-292, and R99-69(R), to expand and clarify the range
of permitted haul routes for the removal of fly ash from Dominion
Virginia Power-Yorktown Power Station and ash disposal site; and
WHEREAS, said application has been referred to the York County
Planning Commission; and
WHEREAS, the Planning Commission recommends approval of this
application; and
WHEREAS, the York County Board of Supervisors has conducted a duly
advertised public hearing in accordance with applicable procedure; and
WHEREAS, the Board has carefully considered the comments of the
public and Planning Commission recommendation with respect to this
application;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 7th day of May, 2002, that Application No.
UP-594-02 be, and it is hereby, approved to amend Condition A33 of
Resolution No. R82-221(R), as amended by Resolution Nos. R92-191(R),
R92-292, and R99-69(R), to read and provide as follows:
A33. Any entrance to or from the ash site to a secondary road in the
State system, or, as in the case of Newsome Drive, a road proposed for
acceptance into the State secondary system, shall be upgraded to the
satisfaction of the Virginia Department of Transportation (VDOT) and
York County prior to the commencement of any removal activities
utilizing said entrance. In addition, a bond or other acceptable surety
shall be posted with the Virginia Department of Transportation (VDOT) in
the amount of $25,000 to cover any road damages as a result of the
removal operation. In addition, at no time shall this activity generate
more than four hundred (400) vehicle trip ends per day.
Off-site transport of fly ash in non-hermetically sealed vehicles
shall be permitted provided that the moisture content and all other
applicable requirements specified herein are observed, and provided that
non-rail transport routes shall be limited to primary and interstate
highways and the following roads:
A) That portion of Hornsbyville Road between the haul road and
Goodwin Neck Road (Route 173).
B) That portion of Wolftrap Road between the haul road and Goodwin
Neck Road; and
C) That portion of Newsome Drive from its eastern terminus to Old
York-Hampton Highway (Route 634); and
D) That portion of Old York-Hampton Highway between Newsome Drive and
Route 17.
On roll call the vote was:
Yea: (4) Burgett, Shepperd, Noll, Wiggins
Nay: (0)
MATTERS PRESENTED BY THE BOARD (Continued)
Mr. Shepperd commented on the Zweibrücken Exchange Program and the
events of May 4, stating he felt they were both positive events.
Regarding the May 4 event at the Tabb Library, Mr. Shepperd stated he
was very proud to be an American that day as he watched how the matter
was handled by the law enforcement officers, County staff, and the
citizens of York County. He commended all who were involved, stating the
County was well protected at all times because of the superb planning
and execution of plans for the day's events. He stated he felt positive
things came out of a potentially negative situation.
Chairman Wiggins noted that this past Saturday was also Hometown
Heroes Day for the Little League Softball teams, and he was surprised to
learn that the players' heroes were not necessarily sports figures. He
then noted that Daily Press reporter Kara Urbanski would no longer be
covering York County for the paper, and he thanked her for all she had
done for the County.
CONSENT CALENDAR
Mr. Burgett asked that Item No. 5 be removed from the Consent
Calendar.
Mrs. Noll moved that the Consent Calendar be approved as amended,
Item Nos. 3, 4, 6, 7, 8, and 9, respectively.
On roll call the vote was:
Yea: (4) Shepperd, Noll, Burgett, Wiggins
Nay: (0)
Thereupon, the following minutes were approved and resolutions
adopted:
Item No. 3. APPROVAL OF MINUTES
The minutes of the following meeting of the York County Board of
Supervisors were approved:
April 2, 2002, Regular Meeting
Item No. 4. RATIFICATION OF LAW ENFORCEMENT MUTUAL AID AGREEMENTS:
Resolution R02-96
A RESOLUTION RATIFYING THE EXECUTION BY THE COUNTY ADMINISTRATOR OF
LAW ENFORCEMENT MUTUAL AID AGREEMENTS WITH THE CITIES OF VIRGINIA BEACH,
NORFOLK, AND PORTSMOUTH
WHEREAS, a group known as the World Church of the Creator (WCOTC)
renowned for its controversial views, reserved the Community Meeting
Room in the Tabb Library for a meeting to be held on May 4, 2002; and
WHEREAS, meetings of the WCOTC in other jurisdictions have on
occasion posed significant law enforcement issues; and
WHEREAS, the York County Sheriff, in concert with the Virginia State
Police and other area law enforcement agencies, deemed it advisable to
provide a law enforcement presence during the WCOTC meeting which
exceeded the capacity of the York County Sheriff's Department; and
WHEREAS, it was deemed advisable to request logistical and personnel
support from the Cities of Virginia Beach, Norfolk, and Portsmouth in
providing law enforcement for the meeting; and
WHEREAS, with the knowledge and consent of individual members of this
Board, the County Administrator entered into mutual aid agreements with
the named cities pursuant to Code of Virginia § 15.2-1726; and
WHEREAS, this Board desires to ratify and confirm the actions of the
County Administrator.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 7th day of May, 2002, that the actions of the County
Administrator in entering into law enforcement mutual aid agreements
with the Cities of Virginia Beach, Norfolk, and Portsmouth are hereby
ratified and confirmed.
Item No. 6. MEDIC UNIT PROCUREMENT: Resolution R02-86.
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ACCEPT, EXECUTE
AND APPROPRIATE TWO GRANTS AWARDED TO YORK COUNTY BY THE VIRGINIA
DEPARTMENT OF HEALTH FOR THE REPLACEMENT OF MEDIC UNITS (AMBULANCES), TO
APPROPRIATE INSURANCE FUNDS RECEIVED BY THE COUNTY AS A RESULT OF
AMBULANCE THEFT AND DESTRUCTION, AND TO AUTHORIZE THE COUNTY
ADMINISTRATOR TO CONCLUDE THE PURCHASE
WHEREAS, the Virginia Department of Health has awarded the County two
grants totaling $68,405 from the Virginia Rescue Squad Assistance Fund
to be used toward the replacement of medic units (ambulances) based on a
local match; and
WHEREAS, the County received $18,667 from an insurance settlement for
the medic unit that was destroyed last fall after its theft; and
WHEREAS, Capital Improvement Program funds for the replacement and
refurbishment of medic units were budgeted this fiscal year and are not
expended or obligated; and
WHEREAS, the Department of Fire and Life Safety has a need to replace
two medic units and add one medic unit to meet its service demands; and
WHEREAS, the County Administrator has determined that this purchase
is necessary and desirable, and that applicable laws, ordinances, and
regulations have been complied with;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 7th day of May, 2002, that the County Administrator be,
and hereby is, authorized to accept and execute the grants awarded by
the Virginia Department of Health, which shall be approved as to form by
the County Attorney.
BE IT FURTHER RESOLVED that $68,405 from the Virginia Department of
Health be, and it hereby is, appropriated in the General Fund for the
purpose of purchasing three medic units.
BE IT STILL FURTHER RESOLVED that $18,667 from the insurance
settlement be, and it hereby is, appropriated in the General Fund for
the purpose of purchasing three medic units.
BE IT STILL FURTHER RESOLVED that the County Administrator be, and
hereby is, authorized to conclude the purchase arrangement for the three
medic units referenced above for a total cost of $281,986.
Item No. 7. WIRELESS E-911 FUND APPROPRIATION: Resolution R02-91.
A RESOLUTION TO AUTHORIZE THE COUNTY ADMINISTRATOR TO ACCEPT AND
APPROPRIATE FUNDING OF $245,965 FROM THE COMMONWEALTH OF VIRGINIA
WIRELESS E-911 SERVICE BOARD FOR THE PROVISION OF PHASE II WIRELESS
E-911 SERVICES WITHIN THE COUNTY
WHEREAS, York County applied for funding support from the
Commonwealth of Virginia's Wireless E-911 Service Board for the
provision of Phase II wireless E-911 services; and
WHEREAS, York County has been approved for funding by the
Commonwealth of Virginia in the amount of $245,965.
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 7th day of May, 2002, that the County Administrator be,
and hereby is, authorized to accept funding received from the
Commonwealth of Virginia Wireless E-911 Service Board.
BE IT FURTHER RESOLVED that $245,965 be, and it hereby is,
appropriated in the General Fund for the purpose of providing wireless
E-911 services, and that the County Administrator is hereby authorized
to execute the necessary contract(s) with Verizon in the amount of
$224,965.
BE IT STILL FURTHER RESOLVED that additional funds which may be
received from the Wireless E-911 Service Board be, and hereby are,
appropriated in the General Fund for the purpose of providing wireless
E9-1-1 services.
Item No. 8. PUBLIC SEWER EXTENSION AGREEMENT-LIGHTFOOT CROSSING:
Resolution R02-81.
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S SANITARY SEWER
SYSTEM TO A PROPOSED DEVELOPMENT KNOWN AS LIGHTFOOT CROSSING, AND
AUTHORIZING EXECUTION OF THE NECESSARY PUBLIC SEWER EXTENSION AGREEMENT
WHEREAS, Lightfoot Crossing, L.L.C. 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 new wholesale/retail center; and
WHEREAS, the plan for the proposed project has been reviewed by the
County; and
WHEREAS, prior to final approval of these plans and the initiation of
any construction activity, it is necessary that a determination be made
as to whether the Board will authorize the extension of the public sewer
facilities of the County to serve the proposed development; and
WHEREAS, it has been determined that sufficient capacity exists in
the County's existing sewer system to serve the proposed development, or
will exist when the facilities proposed by the developer are
constructed; and
WHEREAS, in accordance with the terms of Chapter 18.1 of the York
County Code the total connection fee to be paid to the County for the
proposed extension to serve this development has been determined to be
$3,175.00;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 7th day of May, 2002, that the Board approves the
extension of the County's public sewer system to serve the proposed
development, Lightfoot Crossing, and that the County Administrator be,
and he hereby is, authorized to execute a public sewer extension
agreement with Lightfoot Crossing, L.L.C. for the proposed extension;
such agreement to be approved as to form by the County Attorney.
Item No. 9. PUBLIC WATER EXTENSION AGREEMENT-LIGHTFOOT CROSSING:
Resolution R02-82.
A RESOLUTION TO AUTHORIZE AN EXTENSION OF THE COUNTY'S WATER SYSTEM
TO A PROPOSED DEVELOPMENT KNOWN AS LIGHTFOOT CROSSING, AND AUTHORIZING
EXECUTION OF THE NECESSARY PUBLIC WATER EXTENSION AGREEMENT
WHEREAS, Lightfoot Crossing, L.L.C. has requested that the County
enter into a public water extension agreement pursuant to § 22-88 (b)
of the York County Code to serve a new wholesale/retail center; 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 water
facilities of the County to serve the proposed development; and
WHEREAS, it has been determined that sufficient capacity exists in
the County's existing water 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 22 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
$2,775.00;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 7th day of May, 2002, that the Board approves the
extension of the County's public water system to serve the proposed
development, Lightfoot Crossing, and that the County Administrator be,
and he hereby is, authorized to execute a public water extension
agreement with Lightfoot Crossing, L.L.C. for the proposed extension;
such agreement to be approved as to form by the County Attorney.
Item No. 5. APPROVAL OF PROCUREMENT ACTION: Proposed Resolution
R02-85 (Removed from Consent Calendar)
Mr. Burgett asked how much money the credit card service will save
the County.
Ms. Marycarol White, Director of Financial and Management Services,
explained that this service was a convenience for the users of
recreation programs. No money is being expended or put aside to be
expended for the service at this time. The County expects to see fees of
approximately $150,000 generated in the recreation programs that will be
paid for by credit card.
Discussion followed.
Mr. Burgett then moved the adoption of proposed Resolution R02-85
that reads:
A RESOLUTION TO CONDUCT CREDIT CARD PROCESSING; CONSTRUCT THE KAY
LANE WATER AND SEWER PROJECT; AND REPLACE WINDOWS AT THE GRIFFIN-YEATES
CENTER
WHEREAS, it is the policy of the Board of Supervisors that all
procurements of goods and services by the County involving the
expenditure of $30,000 or more be submitted to the Board for its review
and approval; and
WHEREAS, the County Administrator has determined that the following
procurement is necessary and desirable, that it involves the expenditure
of $30,000 or more, and that all applicable laws, ordinances, and
regulations have been complied with;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 7th day of May, 2002, that the County Administrator be,
and hereby is, authorized to execute procurement arrangements for the
following:
AMOUNT
Credit Card Processing Services 0
Kay Lane Water and Sewer Project $ 96,095
Griffin-Yeates Center Window Replacement $143,585
On roll call the vote was:
Yea: (4) Noll, Burgett, Shepperd, Wiggins
Nay: (0)
NEW BUSINESS
MAIN STREET PEDESTRIANS-ONLY DESIGNATION
Mr. Carter made a presentation on proposed Resolution R02-92 to
endorse the proposed expansion of the Main Street pedestrians-only
street closure program in Yorktown to cover evening hours.
Chairman Wiggins stated he could not see any reason to deny the
proposal.
Mr. Burgett questioned the current hours of the closure program,
stating the tours would be continued whether the streets were closed or
not. He asked if the Board might be setting a precedent in that the
proposal is to benefit one user.
Mrs. Noll stated that none of the residents in Yorktown have objected
to the proposal, and they probably like the idea of having the streets
devoid of traffic in the evening hours. She agreed that the proposal was
based on one user at this time, but she stated it has potential for more
far-reaching effects. Mrs. Noll then moved the adoption of proposed
Resolution R02-92 that reads:
A RESOLUTION TO ENDORSE THE PROPOSED EXPANSION OF THE MAIN STREET
PEDESTRIANS-ONLY STREET CLOSURE PROGRAM IN YORKTOWN TO COVER EVENING
HOURS
WHEREAS, since 1992, the York County Board of Supervisors has
sponsored and endorsed an initiative under which Main Street in historic
Yorktown is closed to vehicular traffic during certain days and hours in
order to accommodate pedestrians who are visiting attractions and shops
along the street; and
WHEREAS, this initiative has contributed positively to the
experience, enjoyment and safety of visitors walking along Main Street
and has been well received by business operators and residents alike;
and
WHEREAS, with the ever increasing attractiveness of Yorktown as a
visitor destination, there is anticipated to be a corresponding increase
in pedestrian traffic along Main Street and a probable increase in
evening visitation; and
WHEREAS, to better accommodate the evening visitors, and to ensure
their safety and enjoyment of the Main Street experience, the Board
believes it would be desirable to extend the pedestrians-only
restrictions to as late as 10:00 pm on certain days of the week and
particularly on those when large numbers of evening visitors are
anticipated; and
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors, this the 7th day of May, 2002, that it does hereby endorse
and approve, subject to all applicable authorizations from the Virginia
Department of Transportation, the expansion of the current
pedestrians-only restrictions on Main Street to cover on a daily basis
the hours between 8:00 am and 10:00 pm.
BE IT FURTHER RESOLVED, that the County Administrator be, and he is
hereby, authorized to use his discretion in determining the exact days
of the week to be subject to the restriction based on the anticipated
visitor attendance as well as the logistics associated with placement
and removal of the street barricades.
On roll call the vote was:
Yea: (3) Shepperd, Noll, Wiggins
Nay: (1) Burgett
CLOSED MEETING. At 9:12 p.m. Mrs. Noll moved that the meeting
be convened in Closed Meeting pursuant to Section 2.2-3711(a)(1) of the
Code of Virginia pertaining to appointments to Boards and Commissions
and the salary of a specific County officer; and Section 2.1-3711(a)(3)
pertaining to the acquisition or disposition of public property.
On roll call the vote was:
Yea: (4) Shepperd, Noll, Burgett, Wiggins
Nay: (0)
Meeting Reconvened. At 9:50 p.m. the meeting was reconvened in open
session by order of the Chair.
Mrs. Noll moved the adoption of proposed Resolution SR-1 that reads:
A RESOLUTION TO CERTIFY COMPLIANCE WITH THE FREEDOM OF INFORMATION
ACT REGARDING MEETING IN CLOSED MEETING
WHEREAS, the York County Board of Supervisors has convened a closed
meeting on this date pursuant to an affirmative recorded vote and in
accordance with the provisions of the Virginia Freedom of Information
Act; and
WHEREAS, Section 2.2-3711.1 of the Code of Virginia requires a
certification by the York County Board of Supervisors that such closed
meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 7th day of May, 2002, 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: (4) Noll, Burgett, Shepperd, Wiggins
Nay: (0)
2007 CELEBRATION
Mrs. Noll commented on plans for the 2007 Celebration and discussed
ways the County might become involved.
FUNDING FOR JUVENILE SERVICES
Mr. McReynolds briefed the Board on a staff proposal to fund 2 FTEs
in Juvenile Services for the 12-month period from July 1, 2002, to June
30, 2003.
By consensus the Board approved the expenditure of $75,000 from the
Contingency Reserve for this purpose.
CLOSED MEETING. At 10:00 p.m. Mrs. Noll moved that the meeting
be convened in Closed Meeting pursuant to Section 2.2-3711(a)(1) of the
Code of Virginia pertaining to appointments to Boards and Commissions
and the salary of a specific County officer; and Section 2.1-3711(a)(3)
pertaining to the acquisition or disposition of public property.
On roll call the vote was:
Yea: (4) Burgett, Shepperd, Noll, Wiggins
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 2.2-3711.1 of the Code of Virginia requires a
certification by the York County Board of Supervisors that such closed
meeting was conducted in conformity with Virginia law;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this the 7th day of May, 2002, 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: (4) Shepperd, Noll, Burgett, Wiggins
Nay: (0)
APPOINTMENTS TO THE 2002-2003 YOUTH COMMISSION
Mrs. Noll moved the adoption of proposed Resolution R02-93(R) that
reads:
A RESOLUTION TO APPOINT MEMBERS TO THE YORK COUNTY YOUTH COMMISSION
FOR 2002 - 2003
WHEREAS, the York County Board of Supervisors established the York
County Youth Commission on March 3, 1983; and
WHEREAS, the revised bylaws of December 5, 2000 direct there shall be
up to fifteen individuals appointed, three from each voting district,
grades 9 through 12, to serve on the Commission;
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors on this 7th day of May, 2002, that the following individuals
be, and they hereby are, appointed to the York County Youth Commission
for 2002 - 2003.
Name
Election District
Jessica
Case
2
Katherine Kross
2
Shamus
Williams
2
Nicole Eickhoff
3
James
Noel
3
Kyle B.
Rowley
3
Arrion Nicole
Dennis
4
Ben
Perkins
4
Courtney Rosso
4
Brittany
Hall
5
Ryan McConnel
5
Chad Joseph Vaillancourt 5
BE IT FURTHER RESOLVED that the above-named individuals' terms will
begin on July 1, 2002, and expire June 30, 2003.
On roll call the vote was:
Yea: (4) Noll, Burgett, Shepperd, Wiggins
Nay: (0)
APPOINTMENTS TO THE STORMWATER ADVISORY COMMITTEE
Mr. Shepperd moved the adoption of proposed Resolution R02-83(R) that
reads:
A RESOLUTION TO APPOINT FOUR CITIZEN MEMBERS TO THE YORK COUNTY
STORMWATER ADVISORY COMMITTEE
WHEREAS, the guidelines for the terms and qualifications for such
members are outlined in Board Resolution R02-7(R);
NOW, THEREFORE, BE IT RESOLVED by the York County Board of
Supervisors this 7th day of May, 2002, that the following individuals
be, and they are hereby, appointed as members of the York County
Stormwater Advisory Committee:
District 3 Michael A. Bossie Richard H. Carver
District 5 Robert S. Brodel Matthew B. Teasdale
BE IT FURTHER RESOLVED that such individual appointments are to take
effect July 1, 2002, and expire June 30, 2004, upon resignation of the
member, or by the pleasure of the Board, whichever comes first; and no
member shall serve longer than two consecutive terms.
On roll call the vote was:
Yea: (4) Burgett, Shepperd, Noll, Wiggins
Nay: (0)
Meeting Adjourned. At 10:35 p.m. Mr. Burgett moved that the meeting
be adjourned sine die.
On roll call the vote was:
Yea: (4) Shepperd, Noll, Burgett, Wiggins
Nay: (0)
____________________________________
____________________________________
James O. McReynolds,
Clerk
Donald E. Wiggins, Chairman
York County Board of
Supervisors
York County Board of Supervisors
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