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July 7, 2015 Board of Supervisors Meeting -1-
AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF
SUPERVISORS, HELD ON TUESDAY, JULY 07, 2015, AT 7:00 P.M., IN THE COLONIAL COURTHOUSE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: I. Call To Order and Roll Call
Mr. Chriscoe called the meeting to order and Mr. Wanner took roll call. THERE WERE PRESENT: Ashley C. Chriscoe, Chair
John C. Meyer, Jr., Vice Chair
Phillip N. Bazzani Christopher A. Hutson
Andrew James, Jr. Michael R. Winebarger
THERE WERE ABSENT: Robert J. Orth
ALSO IN ATTENDANCE: Edwin “Ted” Wilmot, County Attorney
Sanford B. Wanner, Interim County Administrator II. Invocation and Pledge of Allegiance - Pastor Mike Jackson -
Bethel Baptist Church
Pastor Mike Jackson of Bethel Baptist Church gave an invocation and then all in
attendance recited the Pledge of Allegiance to the Flag of the United States of America.
III. Approval of the Minutes – May 5, May 19, June 2, and June 23,
2015
Mr. Hutson moved, seconded by Mr. Meyer, to approve the minutes as presented
from the May 5, May 19, June 2 and June 23, 2015 meetings. The motion carried and
was approved by the following voice vote: Mr. Chriscoe, Mr. Meyer, Mr. Bazzani, Mr.
Hutson, Mr. James, Mr. Winebarger – yes; and Mr. Orth - absent.
IV. Adoption of the Agenda
Mr. Meyer moved, seconded by Mr. Hutson, to adopt the agenda. The motion
carried and was approved by the following voice vote: Mr. Chriscoe, Mr. Meyer, Mr.
Bazzani, Mr. Hutson, Mr. James, Mr. Winebarger – yes; and Mr. Orth - absent.
V. Approval of the Consent Agenda
Mr. Hutson moved, seconded by Mr. James, to approve the consent agenda. The
motion carried and the following consent agenda items were approved by the following
voice vote: Mr. Chriscoe, Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr.
Winebarger – yes; and Mr. Orth - absent.
A. Open Board Directed Action Items – Sanford B. Wanner – Interim County Administrator
By approval of the consent agenda, the Board was notified of the updates on
open action items.
B. Resolution Recognizing W. Keith Belvin for Service on the
July 7, 2015 Board of Supervisors Meeting -2-
Gloucester County Planning Commission - Anne Ducey-Ortiz,
AICP - Director of Planning and Zoning
RESOLUTION OF APPRECIATION AND RECOGNITION TO W. KEITH BELVIN FOR SERVICE ON THE
GLOUCESTER COUNTY PLANNING COMMISSION
WHEREAS, the Gloucester County Board of Supervisors established the
Planning Commission by Resolution on May 25, 1965 as required by the Code of
Virginia; and
WHEREAS, the purpose of the Planning Commission is to promote the orderly development of the County by advising the Board of Supervisors on matters related to long range planning, amendments to the Zoning and Subdivision Ordinances of the
County, as well as to review applications for amendments to the Zoning Map and the review of major subdivisions; and
WHEREAS, Dr. Wendell Keith Belvin was appointed to the Planning Commission
on January 1, 2006 by the Board of Supervisors to fulfill an unexpired term as the
Gloucester Point representative on the Planning Commission and has served in that capacity until the end of his second term in June 30, 2015; and
WHEREAS, the Planning Commission, the Board of Supervisors, and the community at large benefitted greatly from Dr. Belvin’s input on the Planning
Commission based on his lifelong knowledge and involvement in the community, his experience on the Planning Commission, and his professional expertise and experience; and
WHEREAS, during his tenure on the Planning Commission, Dr. Belvin served as
Vice Chair of the Commission from 2008 to 2009, and as Chair of the Commission from 2010 to 2011; and
WHEREAS, in addition to contributing to the development of the current 2030 Comprehensive Plan Update, Dr. Belvin was involved in the development and recommendation of several key planning projects including the Gloucester Court
House Village Sub-Area Plan, the Gloucester Point - Hayes Village Development Area Plan, the Gloucester Courthouse Village Plan, the Hazard Mitigation Open Space
Management Plan and the Floodplain Management Plan as well as many significant and complex code amendments and rezoning applications; and
WHEREAS, Dr. Belvin also served on several committees as a member of the Planning Commission including the Comprehensive Plan Steering Committee from 2007 to 2011, and the Gloucester Point/Hayes Village Development Area Plan Steering
Committee from 2010-2011; and
WHEREAS, the Board of Supervisors wishes at this time to recognize and thank Dr. Belvin for his purposeful time and effort that he dedicated as a member of the Gloucester County Planning Commission; and
WHEREAS, speaking on behalf of the Gloucester County Board of Supervisors
and our citizens, I have the pleasure to present to W. Keith Belvin this resolution of public recognition for his volunteer service.
NOW, THEREFORE, BE IT RESOLVED that the Gloucester County Board of Supervisors’ sincere appreciation and gratitude are hereby expressed for Dr. Belvin’s distinguished service and he is commended for the manner in which he has carried
out his duties and responsibilities as a long-standing member of the Gloucester County Planning Commission.
C. Authorization for the City of Newport News Industrial
July 7, 2015 Board of Supervisors Meeting -3-
Development Authority to Issue Revenue Bonds for Riverside
Healthcare Association, Inc. - Garrey W. Curry, Jr. - Assistant County Administrator for Community Development
RESOLUTION AUTHORIZING THE CITY OF NEWPORT NEWS INDUSTRIAL
DEVELOPMENT AUTHORITY TO ISSUE REVENUE BONDS FOR RIVERSIDE HEALTHCARE ASSOCIATION, INC.
WHEREAS, the Industrial Development Authority of the City of Newport News, Virginia, whose principal business address is 2400 Washington Avenue, 3rd Floor,
Newport News, Virginia 23607 (the “Authority”), has conducted a joint public hearing, after notice, on June 5, 2015, a date within sixty (60) days prior to the date of the adoption of this Resolution, on behalf of the Authority, James City County, Gloucester
County and the City of Newport News on the plan of financing of Riverside Healthcare Association, Inc., whose principal place of business is 701 Town Center Drive, Suite
1000, Newport News, Virginia 23606 (the “Parent”), Riverside Hospital, Inc., whose principal place of business is 500 J. Clyde Morris Boulevard, Newport News, Virginia 23601 (“Riverside Hospital”), Patrick Henry Hospital, Inc., whose principal place of
business is 1000 Old Denbigh Boulevard, Newport News, Virginia 23602 (“Patrick Henry”), Riverside Middle Peninsula Hospital, Inc., whose principal place of business is
7519 Hospital Drive, Gloucester Courthouse, Virginia 23061 (“Riverside Walter Reed”), Riverside Retirement Services, Inc., whose principal place of business is 1004 Old Denbigh Boulevard, Newport News, Virginia 23602 (“Riverside Retirement Services”),
and Patriots Colony, Inc., whose principal place of business is 6000 Patriots Colony Drive, Williamsburg, Virginia 23188 (“Patriots Colony” and, together with the Parent, Riverside Hospital, Patrick Henry, Riverside Walter Reed and Riverside Retirement
Services, “Riverside”), each of which it has been represented to the Authority is a not-for-profit Virginia nonstock corporation described in Section 501(c)(3) of the Internal
Revenue Code of 1986, as amended (the “Code”), which is exempt from tax under Section 501(a) of the Code, requesting that the Authority issue, pursuant to the Act, up to $125,000,000 of its revenue bonds (the “Bonds”) to assist Riverside in
(a) financing the Projects (as hereinafter defined), (b) funding a reserve fund for the Bonds if required and (c) paying the costs of issuing the Bonds; and
WHEREAS, it has been represented to the Authority that the proceeds of the Bonds will be used to finance all or a portion of the following projects (collectively, the
“Projects”): (a) for Riverside Hospital, (i) at the Riverside Regional Medical Center at 500 J. Clyde Morris Boulevard, Newport News, Virginia 23601, (1) the construction and components of an approximately 60,000 square-foot renovation of the neonatal
intensive care unit, the fifth and sixth floors of the Annex Building and the east wings of the fifth and sixth floors of the main building, including the full demolition of the
existing space and the construction of two 22-room nursing units and also including the creation of an upper level mechanical penthouse and adjacent support space, (2) the construction and components of an approximately 21,000 square-foot renovation
of the labor and delivery unit, including the full demolition of the existing space and the construction of two C-section operating rooms, three triage rooms, four ante-partum rooms and 12 labor-delivery-recovery rooms and also including support space
including the nurse’s station, (3) the construction and components of an approximately 38,000 square-foot renovation for a Heart and Vascular Center,
including the full demolition of the existing space and the construction of EKG, non-invasive diagnostic, ultra sound and nuclear medicine areas, a rehab gymnasium and four heart catheterization labs, and (4) the construction and components, as well as
the equipping, of an approximately 160,000 square-foot expansion and renovation of the Riverside Regional Medical Center Pavilion, including two additional nursing unit
floors with 72 patient rooms each and with additional support space and including the expansion of the third floor which houses mechanical/electrical equipment, and (ii) at 1300 Old Denbigh Boulevard, Newport News, Virginia 23602, the purchase,
installation, and development of software that will provide a new integrated medical record, clinical management, and billing system; (b) for Patrick Henry, at 1000 Old Denbigh Boulevard, Newport News, Virginia 23602, the renovation of an approximately
July 7, 2015 Board of Supervisors Meeting -4-
100,000 square-foot, 215-bed skilled nursing facility known as The Gardens at
Warwick Forest, including mechanical, electrical and plumbing infrastructure and finish upgrades; (c) for Riverside Retirement Services, at 1004 Old Denbigh Boulevard, Newport News, Virginia 23602, the construction and components of an approximately
26,000 square-foot assisted living facility known as the Warwick Forest Retirement Community, including two 20-bed assisted living facilities, and site work for a future
independent living facility; (d) for Riverside Walter Reed, at 7519 Hospital Drive, Gloucester Courthouse, Virginia 23061, the construction and components of an approximately 48,000 square-foot expansion and 55,000 square-foot renovation of the
emergency department, surgery department, patient rooms, and infrastructure at Riverside Walter Reed Hospital, including the addition of a new two-story surgical
center with operating rooms and a post anesthesia care unit occupying the first floor and 36 patient rooms occupying the second floor and also including imaging, administrative, pharmacy, energy plant and support spaces for acute care patients;
and (e) for Patriots Colony, at 6000 Patriots Colony Drive, Williamsburg, Virginia 23188, (i) the construction and components, as well as the equipping, of an approximately 6,500 square-foot renovation of a bistro and dining area for facility
residents, (ii) the construction and components, as well as the equipping, of a 3,200 square-foot maintenance building for facility staff, (iii) other construction and
renovation of components of the existing Patriots Colony facilities and grounds, including without limitation roof replacement and repair, HVAC upgrades, plumbing improvements and equipment, landscaping, road paving, and interior and exterior
finishes and carpentry work, (iv) the construction and components of up to five buildings, each with a maximum of 16 independent living units, totaling
approximately 180,000 square feet, and (v) the construction and components of an approximately 40,000 square-foot 60-bed nursing facility; and
WHEREAS, Section 147(f) of the Code provides that the governmental unit having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; and
WHEREAS, certain of the Projects (the “Riverside Walter Reed Hospital Projects”)
are located in Gloucester County, Virginia (the “County”), and the Board of Supervisors of the County (the “Board”) constitutes the highest elected governmental unit of the County; and
WHEREAS, the Authority has requested the Board to ratify the public hearing and approve the issuance of the Bonds and the plan of financing to comply with
Section 147(f) of the Code and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the “Virginia Code”); and
WHEREAS, a copy of the Authority’s resolution approving the issuance of the Bonds, subject to terms to be agreed upon (the “Authority Resolution”), a record of the
public hearing and a fiscal impact statement have been filed with the Board;
NOW, THEREFORE BE IT RESOLVED by the Gloucester County Board of Supervisors:
1. The recitals made in the first two “WHEREAS” clauses to this Resolution are hereby adopted as part of this Resolution.
2. The Board hereby ratifies the joint public hearing held on its behalf by the
Authority on June 5, 2015, and the publication of notice thereof.
3. The Board hereby concurs in the Authority Resolution adopted by the Authority
on June 5, 2015, a copy of which is attached hereto.
4. The Board hereby approves the issuance of the Bonds by the Authority for the benefit of Riverside, to the extent required by Section 147(f) of the Code and by
Section 15.2-4906 of the Virginia Code.
5. Ratification of the joint public hearing, concurrence in the Authority Resolution,
and approval of the issuance of the Bonds and the plan of financing do not
July 7, 2015 Board of Supervisors Meeting -5-
constitute an endorsement to a prospective purchaser of the Bonds of the
creditworthiness of the Riverside Walter Reed Hospital Projects or of Riverside, and, as required by Virginia law, neither the Commonwealth of Virginia nor any political subdivision thereof, including the County and the Authority, shall be
obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor by Riverside, and neither
the faith and credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the County and the Authority, shall be pledged thereto.
6. The County, including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damage to
Riverside, direct or consequential, resulting from the Authority’s failure to issue the Bonds for any reason.
7. This Resolution shall take effect immediately upon its adoption.
VI. Citizens Comment Period - (Speakers should provide 10 copies of
handouts if any)
HOWARD MOWRY - GLOUCESTER POINT
Mr. Mowry stated that the Finance Director should provide an overview of the
past fiscal year revenue and history. He noted a graph with monthly revenue and
expenditures would provide the ability to track trends. He recommended that no more
extensions should be added to the debt program. He stated that the personal property
tax year should be added to the ordinance that changed the real estate tax year and
that it should be accomplished before the start of the next fiscal year.
DON MITCHELL – YORK DISTRICT
Mr. Mitchell stated that the Board should not be accepting grant money from the
Federal Government just because it is available. He further stated that they should be
asking what the advantages or disadvantages of the grants will be to the local tax
payer. He suggested that when the Board considers changing the start time of the
public hearings that they consider moving it before the citizen comment portion of the
evening. He noted that would provide for the general comments to be closer to the
actual agenda items.
VII. Scheduled Presentations A. Overview of Wireless Broadband Possibilities - Scott Varner -
Director of Information Technology and GIS
Mr. Varner provided an overview of the wireless broadband possibilities in the
County. He noted that King and Queen County recently developed the King and
Queen Broadband Authority and implemented public broadband. He then reviewed
the different types of broadband connections to include digital subscriber line (DSL),
cable modem, fiber optic, wireless, satellite, and broadband over power line. He
explained what each option meant and whether there were providers for those services
in the County. He reviewed the speeds provided through the broadband connections
available in the County.
July 7, 2015 Board of Supervisors Meeting -6-
Mr. Varner reviewed the basic plan and download speed provided by the King
and Queen County Wireless Authority, and noted that they did not have any coverage
in their County by private carriers. He discussed the data caps and cost of service
levels for services provided by the private carriers in Gloucester. He noted that if
Gloucester decided to pursue providing public broadband, using four of the five
communication towers already in place, that there would be good coverage across the
County. He reviewed the connectivity using the towers and the capital costs per tower.
He noted that each tower would serve approximately 90 customers.
Mr. Varner reviewed that the benefits of providing public broadband include no
data caps, affordability for customers, improved quality of life, and possible
competition from the existing service providers. He noted that on the negative side
providing the service means growing the government, no return on the initial
investment, and the County would be competing against the existing providers. He
reviewed the next steps, and noted that the first would be to conduct a public needs
survey.
Board members asked questions regarding the number of possible customers
per tower, and BPL (Broadband over Power Line) service provided in Manassas City.
Mr. Varner advised that with current technology it would be possible to service a
maximum of 90 customers per tower, and noted that he did not have information on
the BPL service in Manassas but would provide that to the Board at a later time.
Board members discussed this matter further including the possible coverage
and costs. By consensus, the Board agreed to have a public needs survey conducted,
and noted that the survey should also ask if the citizen intended to connect if the
service was provided.
VIII. Regular Agenda A. Results and Recommendation of the Debt Service Refunding
Options - Ted Cole - Senior Vice President, Davenport & Company, LLC
Mr. Cole noted that he had discussed with the Board at its May meeting the
potential refinancing of the County’s 2006 bonds for the Courthouse project. He
reviewed that a request for proposals (RFP) was sent out asking for bank bids on
refinancing this piece of debt. He advised that four responses were received. He
reviewed that all four responses were responsive to the RFP, and all were able to
provide financing. He provided an overview of the four responses, including interest
rates and other terms and conditions. He noted that BB&T offered the lowest interest
rate and also had good flexibility going forward. He noted that the interest rate offered
was 2.71% and that rate would result in an annual savings of $50,000 - $55,000. He
advised that Davenport & Company would recommend moving forward with the
refinancing. He stated that Gloucester’s Economic Development Authority (EDA)
would need to meet and take action as the bond financing would go through the EDA.
July 7, 2015 Board of Supervisors Meeting -7-
He stated that if the Board wished to move forward with the refinancing, there was a
resolution in the packet for consideration.
Mr. Meyer moved, seconded by Mr. Hutson, to approve the resolution. The
motion carried and was approved by the following roll call vote: Mr. Chriscoe, Mr.
Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr. Winebarger – yes; and Mr. Orth –
absent.
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF GLOUCESTER, VIRGINIA APPROVING THE ISSUANCE BY ECONOMIC
DEVELOPMENT AUTHORITY OF GLOUCESTER COUNTY, VIRGINIA OF ITS LEASE REVENUE REFUNDING BOND
A. The Board of Supervisors (the "Board") of the County of Gloucester, Virginia (the "County") has determined that it is advisable to refund the outstanding principal amount of the Economic Development Authority of Gloucester County,
Virginia's (the "Authority") $8,205,000 Lease Revenue Refunding Bonds (Gloucester County, Virginia Courthouse Project), Series 2006 (the "Series 2006 Bonds"), issued on
March 22, 2006 for the purpose of refunding a portion of the Authority’s $9,275,000 Lease Revenue Bonds (Gloucester County, Virginia Courthouse Project), Series 2000, originally issued on September 14, 2000 for the purpose of assisting the County in
financing the construction, furnishing and equipping of a new County courthouse.
B. The County proposes to undertake the refunding of the outstanding
principal amount of the Series 2006 Bonds through the issuance by the Authority of its lease revenue refunding bond (the "Bond").
C. The Bond will be issued pursuant to the following documents: (i) Prime
Lease from the County to the Authority; (ii) Lease Agreement (the "Lease") between the Authority and the County; (iii) Leasehold Deed of Trust and Security Agreement from the Authority to the deed of trust trustees named therein; and (iv) Assignment of Rents
and Leases between the Authority and Branch Banking and Trust Company, as purchaser of the Bond (the "Purchaser"). All of the documents listed above, except the
Bond, are referred to in this Resolution as the "Basic Documents."
D. The Bond will be payable solely from the revenues derived from the Lease pursuant to which the County will agree to make rental payments, subject to annual
appropriation, sufficient to pay the principal of and interest on the Bond.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF GLOUCESTER, VIRGINIA:
1. Issuance of the Bond. The County requests the Authority to issue its
Bond as may be requested by the County's Chairman of the Board of Supervisors, the County Administrator or the Director of Finance (each, an "Authorized Representative") for the purpose of refunding the outstanding principal amount of the Series 2006
Bonds and financing costs of issuing the Bond. The Bond shall be dated the date of its issuance and delivery and shall, except as otherwise agreed to by the Purchaser
and the County, be issued and sold to the Purchaser on the terms and conditions set forth in the term sheet dated June 23, 2015 (the "Term Sheet"), which Term Sheet is approved, and may contain such additional terms as may be approved by an
Authorized Representative, such approval to be evidenced by the execution and delivery of the Bond.
2. Authorization of Basic Documents. The execution and delivery of and
performance by the County of its obligations under the Basic Documents, to which the County is a party, are hereby authorized. The Basic Documents and the Bond shall be
in such form and contain such provisions as the County Administrator, or his designee, shall approve, such approval to be evidenced conclusively by the execution and delivery of the Basic Documents, to which the County is a party.
July 7, 2015 Board of Supervisors Meeting -8-
3. Execution of Basic Documents. The County Administrator, or his
designee, is hereby authorized to execute on behalf of the County the Basic Documents, to which the County is a party, and, if required, to affix or to cause to be affixed the seal of the County to the Basic Documents and to attest such seal. The
County Administrator, or his designee, is hereby authorized to execute and deliver and record, if appropriate, on behalf of the County such leases, agreements, instruments,
documents or certificates, and to do and perform such things and acts, as the County Administrator, or his designee, shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Basic Documents;
and all of the foregoing, previously done or performed by such officers or agents of the County, are in all respects approved, ratified and confirmed.
4. Refunded Bonds. The County Administrator, or his designee, is hereby authorized and directed (i) to cause the refunding of the Series 2006 Bonds (the "Refunded Bonds") pursuant to the terms of the Series 2006 Bonds and the
documents securing the Series 2006 Bonds and (ii) to the extent deemed necessary, to cause to be prepared and to execute and deliver an escrow agreement or agreements between the County, the Authority and an escrow agent or escrow agents to be
selected by the County Administrator, or his designee, providing for the irrevocable deposit of the proceeds of the Bond in amounts sufficient, when invested as set forth
in the escrow agreement(s), to provide for the payment of the principal of, premium, if any, and interest on the Refunded Bonds.
5. Designation for Purchase by Financial Institutions. The Bond is hereby
designated as a "qualified tax-exempt obligation" eligible for the exception from the disallowance of the deduction of interest by financial institutions allocable to the cost
of carrying tax-exempt obligations in accordance with the provisions of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code") (to the extent that it is not deemed to be eligible for such exception pursuant to the provisions of
such Section 265(b)(3)). The County does not reasonably anticipate that the County, the County's subordinate entities, and the entities which issue obligations on the County's behalf will issue, in the aggregate, more than $10,000,000 in tax-exempt
obligations during calendar year 2015 (not including any refunding obligations that are not required to be counted against such $10,000,000 limit pursuant to Section
265(b)(3) of the Code), and the County will not designate more than $10,000,000 of qualified tax-exempt obligations in calendar year 2015.
6. Costs and Expenses. All costs and expenses in connection with the
undertaking of the refinancing of the County's obligations under the Series 2006 Bonds, the refunding of the Refunded Bonds and the issuance of the Bond, including the Authority's fees and expenses and the fees and expenses of bond counsel and
counsel for the Authority, shall be paid from the proceeds of the Bond, or other legally available funds of the County. If for any reason the Bond is not issued, it is
understood that all such expenses shall be paid by the County from its legally available funds and that the Authority shall have no responsibility therefor.
7. Nature of Obligations. Nothing in this Resolution, the Bond or the Basic
Documents shall constitute a debt of the County, and the Authority shall not be obligated to make any payments under the Bond or the Basic Documents except from
payments made by or on behalf of the County under the Lease. The County Administrator is directed to submit for each fiscal year a request to the Board for an appropriation to the Authority for an amount equal to the rental payments coming due
under the Lease. The County's obligations to make payments pursuant to this Resolution shall be subject to and dependent upon annual appropriations being made from time to time by the Board for such purpose. Nothing in this Resolution, the Bond
or the Lease shall constitute a pledge of the full faith and credit of the County beyond the constitutionally permitted annual appropriations.
8. Tax Covenants. The Director of Finance, or her designee, is hereby authorized and directed to execute and deliver simultaneously with the issuance of the Bond the interest on which is intended to be excludable from gross income for federal
July 7, 2015 Board of Supervisors Meeting -9-
income tax purposes a tax certificate or agreement, or both (collectively, the "Tax
Agreement") setting forth the expected use and investment of the proceeds of the Bond and containing such covenants as may be necessary in order to comply with the provisions of the Code, including the provisions of Section 148 of the Code and
applicable regulations relating to "arbitrage bonds." The proceeds from the issuance and sale of the Bond will be invested and expended as set forth in the Tax Agreement
and that the County will comply with the other covenants and representations contained in it.
9. Further Actions. (a) The County Administrator, or his designee, and the
Director of Finance, or her designee, are hereby authorized and directed to take further action as each deems necessary or appropriate regarding the issuance and sale
of the Bond and the refunding of the Refunded Bonds.
(b) All actions taken by officers and agents of the County in connection with the issuance and sale of the Bond are hereby ratified and confirmed. The officers
and agents of the County are hereby authorized and directed to take such further actions as each deems necessary regarding the issuance and sale of the Bond and all actions taken by such officers and agents in connection with the issuance and sale of
the Bond are hereby ratified and confirmed.
10. Exercise of Discretion and Authorizations. Any authorization of an officer
of the County under this Resolution entitles such officer to exercise his or her discretion in taking action on behalf of the County, unless expressly provided otherwise. The authorizations granted in this Resolution to the Chairman of the Board
of Supervisors may be carried out by the Vice Chairman, in the absence or unavailability of the Chairman. The authorizations granted in this Resolution to the
County Administrator may be carried out by any Interim, Acting or Assistant County Administrator, in the absence or unavailability of the County Administrator. The authorizations granted in this Resolution to the Director of Finance may be carried out
by any Interim, Acting or Assistant Director of Finance, in the absence or unavailability of the Director of Finance.
11. Effective Date. This Resolution shall take effect immediately.
Regular Agenda suspended for Public Hearings to begin at 8 p.m.
XIII. Public Hearings - 8:00 p.m. A. Public Hearing to Consider a Right-of-Way Agreement among the
County, Dominion Virginia Power and Waste Management - Ted
Wilmot - County Attorney
Mr. Wilmot stated that Dominion Virginia Power has requested that the County
grant an easement, or right-of-way, on property that the County owns but has leased
to Waste Management. He further stated that because Waste Management is the lease
holder, it is necessary for them to be a partner to that agreement. He advised that
representatives from Dominion Virginia Power were present, and requested that they
be heard from first in order to explain the proposed usage of the easement and to
answer any questions. He noted that the Board should then open the public hearing
to public comment.
Ms. Melanie Rapp Beale, External Affairs Manager from Dominion, stated that
Dominion is asking for the easement to assist with future load growth for the northern
part of the County and to assist with current reliability for the residents of the
Dogwood Trail area and the Thousand Trails campground. She introduced Susan
July 7, 2015 Board of Supervisors Meeting -10-
Smith, Project Manager and Dwight Cosgrove, Right of Way Agent, to provide
information and answer questions.
Ms. Smith reviewed that during the summer of 2012 Dominion received a low
voltage complaint from the Thousand Trails campground. She advised that a regulator
was installed in the spring of 2013 to take care of the problem temporarily until they
could complete the current project. She noted that the solution is to obtain the
easement to install 2,120 feet of a three phase line from Waste Management Way to
the single phase line on Pampa Road. She advised that they would also three phase
the single phase line on Pampa Road and install step-downs and reclosers. She stated
that the solution will enable future load growth for the campground and the
surrounding area, as well as providing more reliable service and backup during
restoration events. She noted that the load issue is a result of the increase of
electronics and utilization in homes. She reviewed the maps in the handout and
stated that they are attempting to address the issue proactively. She advised that
Dominion is investing $455,000 to do this project and they are asking the County to
invest by granting Dominion the easement.
Mr. Meyer asked for clarification on the phrase in the contract that states “$1
and other good and valuable consideration” and also asked if the language stating “in
perpetuity” is necessary.
Mr. Cosgrove stated that the consideration is the legal language that makes the
contract a binding contract.
Mr. Wilmot clarified that consideration is what is given to get something. He
advised that to make a contract legally binding each party must give something and
“$1 and other good and valuable consideration” is just the language that is used to
make it binding.
Ms. Smith noted that in perpetuity is necessary because Dominion will need to
maintain the lines even if the property is sold to another owner.
In response to additional questions, Mr. Cosgrove noted that Dominion has a
quit claim process to vacate all rights associated with the document, if in the future
the lines are no longer needed.
Mr. Bazzani noted that he understands the goal is to service the campground
and asked why Dominion had to go through the Waste Management property.
Ms. Smith clarified that the initial reason for the project was to provide better
service to the campground; however, a secondary benefit of three phasing the line will
allow them to mitigate the length of outages for the campground and also the Dogwood
Trail residents. She noted that the route through the Waste Management property
was the shortest route with only one owner rather than multiple owners and a longer
route.
Mr. Bazzani asked about the Waste Management methane gas production plant
and whether they will use this line for the electricity they are generating.
July 7, 2015 Board of Supervisors Meeting -11-
Ms. Smith noted that she understands they have a plant, but this line does not
benefit Waste Management.
Mr. Bazzani asked if Dominion pays for easements, and after a negative
response he noted he had found instances where property owners were compensated.
Ms. Smith noted that the instances noted were transmission lines and
substations and that is a different situation.
Mr. Bazzani and Mr. Winebarger discussed further the instances where property
owners were paid for easements and the possibility of additional compensation to the
County.
Mr. Bazzani noted that the citizens of the County should be compensated for the
easement that is being requested.
Mr. Cosgrove noted that the transmission and substation entity is different than
the distribution entity within Dominion.
After additional comments, Mr. Chriscoe opened the public hearing for public
comment.
TERRY DEROSE – RESORT MANAGER THOUSAND TRAILS
Ms. Derose stated she had been the resort manager at Thousand Trails for 17
years and she could attest to the inadequate power. She noted that just as in private
homes, she has seen the need for power increase with her customers as well. She
stated that in the past their customers needed about 15 amps for power and now they
require 50 -100 amps. She noted they are not able to sustain proper power to their
customers much less consider any new growth. She stated she supported the request
for the easement.
JASON RUSSO – DIRECTOR, ASSET MANAGEMENT THOUSAND TRAILS
Mr. Russo stated that the lack of adequate electricity is impeding their ability to
do business. He noted that they have ample land and would like to add on but they
have to take care of what they have first. He stated that if there was anything
Thousand Trails could do to help foster this agreement, they were willing to help.
HOWARD MOWRY – GLOUCESTER POINT
Mr. Mowry stated that Dominion was going to make a huge amount of revenue
from this transaction. He recommended this decision be tabled until a revenue
modified agreement can be written and presented to the Board and the citizens. He
stated the parties needed to get together, speak truthfully, and bring a percentage of
revenue back to the County.
NATHAN BROWN – WARE DISTRICT
Mr. Brown stated that the issue seemed cut and dried to him. He noted that the
business wants to expand and needs more power and is asking for the easement. He
stated that the Board should give it to them. He further stated that they had worked it
out with Waste Management so it should not be a problem for the County.
WAYNE CREWS – GLOUCESTER POINT
July 7, 2015 Board of Supervisors Meeting -12-
Mr. Crews stated that when there were only single lines coming down the
County, we lost power during Isabel and during the tornado. He stated that Dominion
has done a lot for the County, noting they installed another line across the York River
to improve the power to the County. He noted that a transmission line is equivalent to
the interstate and the distribution lines under discussion are like the local roads. He
stated that by installing the line under discussion, it will allow more land to be
developed and bring in new homeowners. He further stated that this will increase the
tax base and that it is an advantage to the County to have this line. He concluded
that the Board needed to be proactive and fix this tonight.
DON MITCHELL – YORK DISTRICT
Mr. Mitchell stated that he felt there was not enough information to put all the
pieces together. He noted it was the Board’s responsibility to put the pieces together
and recommended tabling this decision.
There being no additional speakers, Mr. Chriscoe closed the public hearing and
turned the matter over to the Board.
Mr. Meyer asked about the utility tax that customers pay on their bills every
month. He noted that Dominion wants an easement to improve service to a portion of
the County. He stated that if the County charges a fee to Dominion for installing a
line, then the County is interjecting itself between the company and their customers
when the County already taxes the power company. He noted that it seems that
Dominion is offering improved service to the citizens. If Dominion does see an
increase in revenue as a result, then the County participates as a result of the tax.
Mr. Bazzani asked again about the proposed route and why Dominion does not
use Route 601.
Ms. Smith noted that the proposed route is the shortest distance for the line.
There was further discussion on the cost of the underground line versus an
overhead line.
Mr. James noted that he supported providing more power to the campground
and citizens in that area. He stated that he does have a problem with what is going on
at Waste Management. He noted that if the County could benefit from the electricity
coming from Waste Management then it should. He noted that it seemed to be two
different issues though, and he was in support of providing the power to the
campground.
Mr. Curry informed the Board that Waste Management brought their landfill gas
energy plant online in 2009 and are currently sending electricity into the grid.
Mr. Hutson advised that if he were Waste Management and the County wanted
money as a result of the transmission then he would want to renegotiate the contract
and put some of the burden back on the County. He stated that Waste Management is
already selling the energy they are making and the proposed line is not going to help
them since they are already selling the energy.
July 7, 2015 Board of Supervisors Meeting -13-
After further discussion by the Board, Mr. Wanner noted that the success of
Thousand Trails will generate other revenue for the County such as an increase in
meals and lodging tax. He stated that the transmission lines are different than the
distribution for reliability lines.
Board members discussed the matter further.
Mr. Meyer moved, seconded by Mr. Hutson, to approve the resolution to
authorize the County Administrator to execute the right-of-way agreement. The
motion carried and was approved by the following roll call vote: Mr. Chriscoe, Mr.
Meyer, Mr. Hutson, Mr. James, Mr. Winebarger – yes; Mr. Bazzani – No; and Mr. Orth
– absent.
A RESOLUTION TO AUTHORIZE THE INTERIM COUNTY ADMINISTRATOR TO ACCEPT AND EXECUTE A RIGHT-OF-WAY AGREEMENT AMONG THE COUNTY,
DOMINION VIRGINIA POWER, AND WASTE MANAGEMENT
WHEREAS, Gloucester County has been approached by Dominion Virginia Power seeking an easement across County property (Tax Map No. 9-60) adjacent to the landfill and extending to the landfill in order to install some utilities; and
WHEREAS, the Agreement, a copy of which is attached to this Resolution, has
been reviewed by County Staff, Waste Management, and the County Attorney; and
WHEREAS, the Gloucester County Board of Supervisors held a duly advertised
public hearing on July 7, 2015.
NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of
Supervisors this 7th day of July 2015 that the County Administrator of Gloucester County is hereby authorized to act on behalf of the County, to accept and execute the
Agreement among the County, Dominion Virginia Power, and Waste Management; and
BE IT FURTHER RESOLVED by the Gloucester County Board of Supervisors
this 7th day of July 2015 that the Interim County Administrator of Gloucester County is hereby authorized to act on behalf of the County, and to accept and execute the Right-of-Way Agreement which has been approved as to form by the County Attorney.
Mr. Chriscoe called for a brief recess prior to the start of the next public hearing.
B. Public Hearing to Consider a Resolution to Authorize Conveyance
of Surplus Real Property - Ted Wilmot - County Attorney
After the recess, Mr. Wilmot stated that the County was currently in possession
of two parcels of property which were obtained as part of a bond forfeiture in an
animal control case. He reviewed that the defendant in the case formerly owned three
parcels of land. When his animals were seized, he was ordered to post bond to defray
the County’s expenses in caring for the animals were he to be convicted. He stated the
defendant was ultimately convicted of animal cruelty. He advised that one of the
parcels was sold in December 2011, and the other two parcels have been on the
market for almost four years. He stated that the County has received an offer on one
of the parcels. He reviewed that the property was assessed at $24,960 and the
proposed purchase price is $15,000.
July 7, 2015 Board of Supervisors Meeting -14-
Mr. Chriscoe noted that Mr. Green, the County Assessor, advised that as of July
7 the property was currently valued at $19,500.
Mr. Wilmot stated that when the County received the property there was a
derelict structure on it and $6,025 was expended to remove that structure. He
advised that there had been some concern that FEMA (Federal Emergency
Management Agency) funds were used to remove that structure; however, he clarified
that no FEMA funds were used to remove the structure.
Mr. Chriscoe opened the public hearing for public comment.
ROBERT WARDEN – YORK DISTRICT
Mr. Warden stated that the three properties were seized for non-payment of fees
associated with the costs of animal confiscation. He further stated that the actual
costs of caring for the animals is unknown. He noted that the property that was sold
in 2011 was sold for less than its value and asked why the Board at the time did not
ask for the factual total of the costs of caring for the animals. He stated that the
property that is being considered tonight was worth $55,000 when it was seized. He
further stated that the horses that were taken in this case were to be sold to pay for
the bill but they were given away.
There being no other speakers, Mr. Chriscoe closed the public hearing and
turned the matter over to the Board.
Mr. Winebarger noted that there is a memo in the Board package that provides
the total funds that were expended to care for the animals.
Mr. Meyer moved, seconded by Mr. Hutson, to approve the sale of surplus
property. The motion carried and was approved by the following roll call vote: Mr.
Chriscoe, Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr. Winebarger – yes; and
Mr. Orth – absent.
A RESOLUTION TO AUTHORIZE THE CONVEYANCE OF
CERTAIN SURPLUS REAL PROPERTY
WHEREAS, the Board of Supervisors has been informed that the County owns
certain “surplus” real property, obtained by Order of the Circuit Court dated July 15, 2011. The property was obtained by the County due to the forfeiture of real property bonds in an Animal Control case, to cover the cost to the County of the care of the
animals involved. The property consists of three parcels of land; Tax Map No. 45-356; Tax Map No. 45-365; and Tax Map No. 52-377B (Tax Map 52-377B was previously
sold); and
WHEREAS, County departments were contacted regarding the availability of the
surplus property and none of the departments expressed interest in the property for County use; and
WHEREAS, the two remaining properties were listed for sale, and a singular
offer to purchase one of the parcels (Tax Map No. 45-365 – 6967 Ernest Lane),
consisting of 0.50 acres in Hayes (York Magisterial District), has been received in the amount of $15,000.00; and
WHEREAS, the parcel was most recently purchased in 1996 by the County’s predecessor in title for $8,800.00; and
July 7, 2015 Board of Supervisors Meeting -15-
WHEREAS, the Board is of the opinion that conveyance of this property should
be authorized, and that the sum offered represents reasonable compensation for the property;
WHEREAS, the Board additionally understands and authorizes that payment of 10% of the sale price is to be paid to the real estate agent representing the County in
this sale. NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of
Supervisors this 7th day of July, 2015, that conveyance of the parcel, Tax Map No. 45-365 – 6967 Ernest Lane, and payment to the real estate agent, is hereby authorized,
and that the County Administrator is hereby authorized to execute a General Warranty Deed from the County for Tax Map No. 45-365 to the purchaser.
Regular Agenda resumed after Public Hearings
B. Program for Public Information Adoption - Ken Evans - Chair, PPI Subcommittee of Floodplain Management Committee and Cathy
Estep - Chair, Floodplain Management Committee
Mr. Evans stated that as a part of an effort to fulfill a suggestion from the
National Flood Insurance Program, the committee has developed a Program for Public
Information. He noted that the preliminary feedback from FEMA (Federal Emergency
Management Agency) had been very positive. He encouraged the Board to take action
to adopt the program which is a requirement for the final submission of the program
to FEMA. He thanked Mr. Paul Koll, Building Official, Mr. Curry and other County
staff for expediting things in the last month.
Ms. Estep stated that the efforts of the committee members and County staff
have been tremendous. She noted that it appears that this effort will pay off by
providing additional flood insurance premium discounts to citizens.
Mr. Bazzani asked if this was the same points program discussed in an earlier
meeting.
Mr. Chriscoe clarified that the County gains CRS (Community Rating System)
points for different things and that the points translate to discounts for the homes in
the floodplain, or those that seek flood insurance. He noted that it is a benefit to the
citizens to have a lower flood insurance rate.
Mr. Winebarger moved, seconded by Mr. James, to adopt the Program for Public
Information. The motion carried and was approved by the following roll call vote: Mr.
Chriscoe, Mr. Meyer, Mr. Hutson, Mr. James, Mr. Winebarger – yes; Mr. Bazzani – No;
and Mr. Orth – absent.
RESOLUTION ADOPTING A PROGRAM FOR PUBLIC INFORMATION FOR GLOUCESTER COUNTY
WHEREAS, the Gloucester County Board of Supervisors adopted a Coastal
Floodplain Management Plan in 2014; and WHEREAS, the Coastal Floodplain Management Plan recommended the
development of a formal Program for Public Information (PPI) as defined by the Community Rating System (CRS); and
July 7, 2015 Board of Supervisors Meeting -16-
WHEREAS, adoption of a PPI will serve the community by identifying and
organizing methods through which information can be shared with citizens regarding how they can mitigate their flooding risks; and
WHEREAS, Gloucester County currently enjoys a Class 7 rating in the CRS leading to a 15% discount for nearly all flood insurance policy holders in the county,
and the development of a PPI will provide additional CRS points potentially improving the County’s class rating and related discount; and
WHEREAS, the citizen driven PPI subcommittee of the Floodplain Management Committee developed a PPI dated June 2015; and
WHEREAS, at their June 17, 2015, meeting the Floodplain Management Committee formally voted to approve the PPI and to recommend that the Board of
Supervisors adopt the PPI.
NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of
Supervisors that the Program for Public Information dated June 2015 and included in the July 7, 2015 Board meeting agenda packet is hereby adopted as a planning tool for
the community.
C. Decision on Environmental Programs Grant Appropriation for Fiscal Year 2016 - Maria C. Calloway - Accounting Manager
Ms. Calloway stated that the Department of Environmental Programs was
requesting an appropriation for a grant that has been awarded. She noted that the
grant is from the Virginia Department of Environmental Quality to carry out a
historical data clean-up project. She stated that the funding will be used to measure
the installation and coverage of storm water management measures from 1999 to the
present. She noted that the work will be contracted out based on an existing State
contract and that the grant is fully reimbursable and no new money is required.
Mr. Bazzani asked what strings would be attached to this grant.
Mr. Scott Rae, Environmental Programs Director, stated that there will be an
expectation from the State that the County will track the BMPs (Best Management
Practices) that are installed on commercial sites and report them annually to the
State.
After further questions from Mr. Bazzani, Mr. Rae clarified that there will be no
limitations to property owners as a result of this project.
Mr. Winebarger asked for an explanation of the historical data clean-up project.
Mr. Rae stated that this project will allow Gloucester to report on the actual
pollution removal from the waters from 1999 to the present rather than having the
State use numbers based on a model and not on factual data.
Board members discussed this matter further.
Mr. Meyer moved, seconded by Mr. Hutson, to approve the appropriation for the
grant. The motion carried and was approved by the following roll call vote: Mr.
Chriscoe, Mr. Meyer, Mr. Hutson, Mr. James, Mr. Winebarger – yes; Mr. Bazzani – No;
and Mr. Orth – absent.
A RESOLUTION MAKING ADDITIONAL APPROPRIATIONS FOR FY 2015-2016
July 7, 2015 Board of Supervisors Meeting -17-
WHEREAS, The Gloucester County Board of Supervisors finds it necessary to provide additional appropriations for fiscal year 2015-2016.
NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of Supervisors that the following appropriations be, and the same hereby are, made for
the fiscal year beginning July 1, 2015 for the functions or purposes indicated:
D. Discussion/Decision on Submitting an Application to the Unified Hazard Mitigation Assistance (HMA) Grant Program 2015 - Brian D. Lewis, P.E. - Director of Engineering
Mr. Lewis stated that on May 29 the Federal Emergency Management Agency
(FEMA) issued a notice of funding availability under the Unified Hazard Mitigation
Assistance Grant Program. He noted that the grants are open yearly and are
nationally competitive. He further noted that the deadline to apply for the funding is
July 24. He advised that after careful consideration of the current number of elevation
projects, the Hazard Mitigation Management Team is recommending that the County
not apply for these grants at this time. He concluded that ultimately it is the Board’s
decision whether to apply, and the team is requesting direction from the Board.
Mr. Winebarger moved, seconded by Mr. Bazzani, to direct the Hazard Mitigation
Team not to submit an application for the grant.
Mr. Chriscoe made it clear that if the funding becomes available in the future,
the staff will bring it back to the Board for consideration.
The motion carried and was approved by the following roll call vote: Mr.
Chriscoe, Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr. Winebarger – yes; and
Mr. Orth – absent.
E. Consideration of Change to the Rules of Procedure - Sanford B. Wanner - Interim County Administrator
Mr. Wanner stated that at a recent Board meeting the Board had concluded all
of its business early and had to take an extended recess until the start of the public
hearings. He noted that this item would allow the Board to consider changing the
start time of its public hearings from 8:00 p.m. to 7:30 p.m.
Mr. Hutson moved, seconded by Mr. Winebarger, to change the start time of the
public hearings to 7:30.
Mr. Meyer noted that the one meeting seemed to be an aberration, and he was
also concerned about compressing the beginning of the agenda.
Account Description Revenue Expenditures
Environmental Programs
State Grant Revenue $23,660.00
Capital - Grant $23,660.00
Environmental Programs Grant
Total Additional $23,660.00 $23,660.00
July 7, 2015 Board of Supervisors Meeting -18-
Mr. Chriscoe stated that he would not stop an agenda item in the middle but
would let it finish and then hold the public hearing. He advised that he is in support
of the change.
The motion carried and was approved by the following roll call vote: Mr.
Chriscoe, Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr. Winebarger – yes; and
Mr. Orth- absent.
F. Board Appointments
BOARD OF ZONING APPEALS
Mr. Bazzani moved, seconded by Mr. Winebarger, to recommend the
appointment of Mr. Johnson to the Board of Zoning Appeals. The motion carried and
was approved by the following voice vote: Mr. Chriscoe, Mr. Meyer, Mr. Bazzani, Mr.
Hutson, Mr. James, Mr. Winebarger – yes; and Mr. Orth – absent.
BOARD OF ZONING APPEALS
WHEREAS, the Gloucester County Board of Supervisors has traditionally made recommendations to the Circuit Court concerning needed appointments to the
Gloucester County Board of Zoning Appeals; and WHEREAS, the Gloucester County Board of Supervisors has learned that an
appointment is needed to fill a vacancy on the Gloucester County Board of Zoning Appeals; and
WHEREAS, the Gloucester County Board of Supervisors wishes to make a recommendation of a qualified individual to the Circuit Court on this vacancy.
NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of Supervisors that the following individual be hereby recommended to fill this position
for a term that shall begin immediately and expire on June 30, 2016.
Douglas E. Johnson 9118 Guinea Road Hayes, VA 23072
CLEAN COMMUNITY COMMITTEE
Mr. James moved, seconded by Mr. Meyer, to appoint Ms. Cuba to the Clean
Community Committee. The motion carried and was approved by the following voice
vote: Mr. Chriscoe, Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr. Winebarger –
yes; and Mr. Orth – absent.
CLEAN COMMUNITY COMMITTEE
WHEREAS, the Gloucester County Board of Supervisors has created the Clean
Community Committee to address issues of beautification of the County, as well as litter control; and
WHEREAS, the Gloucester County Board of Supervisors has learned that an appointment is needed to this Committee; and
WHEREAS, the Gloucester County Board of Supervisors is now ready to make
this appointment.
July 7, 2015 Board of Supervisors Meeting -19-
NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of
Supervisors that the following individual be hereby appointed to the Gloucester County Clean Community Committee for a term that shall begin immediately and expire on June 30, 2017.
Rachel L. Cuba
9702 John Clayton Memorial Highway Gloucester, VA 23061
ECONOMIC DEVELOPMENT AUTHORITY
Mr. Bazzani moved, seconded by Mr. Hutson, to appoint Mr. Barrs to the
Economic Development Authority. The motion carried and was approved by the
following voice vote: Mr. Chriscoe, Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr. James,
Mr. Winebarger – yes; and Mr. Orth – absent.
ECONOMIC DEVELOPMENT AUTHORITY
WHEREAS, the Gloucester County Board of Supervisors has created an Economic Development Authority to facilitate the orderly development of business in our community; and
WHEREAS, the Gloucester County Board of Supervisors must, from time to time, appoint qualified individuals to serve on the Authority; and
WHEREAS, the Gloucester County Board of Supervisors has learned that an
appointment to the Authority is needed. NOW, THEREFORE BE IT RESOLVED: by the Gloucester County Board of
Supervisors that the following individual be hereby appointed to the Gloucester County Economic Development Authority for a term which shall begin immediately and expire December 31, 2016.
Stephen C. Barrs
7601 George Washington Memorial Hwy Yorktown, VA 23692 LIBRARY BOARD OF TRUSTEES
Mr. Meyer moved, seconded by Mr. Hutson, to reappoint Ms. Webster to the
Library Board of Trustees. The motion carried and was approved by the following voice
vote: Mr. Chriscoe, Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr. Winebarger –
yes; and Mr. Orth – absent.
LIBRARY BOARD
WHEREAS, the Gloucester County Board of Supervisors has previously appointed a Library Board to oversee the operation and policies of the Gloucester County Library system; and
WHEREAS, an appointment is needed to the Library Board and the Gloucester County Board of Supervisors is prepared to make this appointment.
NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of
Supervisors that the following individual be hereby reappointed to the Gloucester County Library Board for a term that shall expire on June 30, 2019.
Elizabeth Webster 6780 Powhatan Drive
July 7, 2015 Board of Supervisors Meeting -20-
Hayes, VA 23072
UTILITIES ADVISORY COMMITTEE
Mr. Winebarger moved, seconded by Mr. James, to reappoint Mr. Winfree to the
Utilities Advisory Committee. The motion carried and was approved by the following
voice vote: Mr. Chriscoe, Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr.
Winebarger – yes; and Mr. Orth – absent.
UTILITIES ADVISORY COMMITTEE
WHEREAS, in accordance with a recommendation from the Strategic Planning Committee, the Gloucester County Board of Supervisors has established a Utilities
Advisory Committee to suggest policies and deal with concerns related to all aspects of public water and sewer in Gloucester County; and
WHEREAS, in accordance with the resolution creating the Utilities Advisory Committee regarding the membership of the Committee, the Gloucester County Board
of Supervisors is now prepared to make an appointment to this Committee. NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of
Supervisors that the following individual is hereby reappointed to the Utilities Advisory Committee for a term which shall expire July 31, 2019.
J.W. “Wes” Winfree 6064 Prospect Road
Gloucester, VA 23061
IX. County Administrator Items
Mr. Wanner announced that the Governor, members of his cabinet, and State
and local officials will be at Gloucester Point Beach on Thursday, July 9. He advised
that the Governor will be signing a new Memorandum of Understanding (MOU)
regarding public access to State waters. He noted that the MOU is between State
agencies but that Mr. Meyer will be introducing the Secretary of Natural Resources.
He stated that the event is open to the public.
Mr. Wanner then stated that recently some staff participated in a Regional
Evacuation Seminar with Mathews County. He noted that there is a Regional
Sheltering Tabletop Exercise scheduled for July 22.
X. County Attorney Items
Mr. Wilmot noted that the County needs to provide notice under FOIA (Freedom
of Information Act) provisions of the Governor’s event.
XI. Boards and Commissions Reports
There were no Boards and Commissions reports.
XII. Matters Presented by the Board
Mr. Winebarger stated that he was being hounded about a motorcycle track and
he was not sure how to handle the issue. He noted that he had spoken with Mr.
Wanner.
July 7, 2015 Board of Supervisors Meeting -21-
Mr. Wanner advised that he is continuing to prepare a report. He noted that he
is getting information each day going back in time and it will be a voluminous report
with the information he is receiving. He stated that the Board will be receiving that
report shortly.
Mr. Bazzani stated that he had a lot of constituents contacting him about
mosquito control issues. He noted that he believed the issues had been resolved and
he wanted to thank Mr. Curry and his staff for working diligently to take care of the
problems.
XIV. Closed Meeting A. Personnel Matters
Mr. Hutson moved, seconded by Mr. Meyer, to enter closed meeting. The motion
carried and was approved by the following roll call vote: Mr. Chriscoe, Mr. Meyer, Mr.
Bazzani, Mr. Hutson, Mr. James, Mr. Winebarger – yes; and Mr. Orth – absent.
CLOSED MEETING RESOLUTION
WHEREAS, the Gloucester County Board of Supervisors desires to discuss a
particular subject in Closed Meeting during the course of its meeting of July 7, 2015; and
WHEREAS, the nature of the subject is discussion concerning personnel matters, specifically discussion with the executive search firm concerning the County
Administrator position; discussion of same in Closed Meeting is expressly permitted by Virginia Code Section 2.2-3711(A)(1).
NOW, THEREFORE, BE IT RESOLVED that the Gloucester County Board of Supervisors does hereby convene in Closed Meeting for the purpose herein expressed pursuant to the legal authority herein recited.
Mr. Meyer moved, seconded by Mr. Hutson, to return to open meeting. The
motion carried and was approved by the following roll call vote: Mr. Chriscoe, Mr.
Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr. Winebarger – yes; and Mr. Orth –
absent.
RESOLUTION TO RETURN TO OPEN MEETING
WHEREAS, the Gloucester County Board of Supervisors has completed its
discussion in Closed Meeting, and now desires to continue its open meeting; and WHEREAS, only public business matters lawfully exempted from Open Meeting
were heard, discussed, or considered during the Closed Meeting, and the only subjects heard, discussed, or considered in said Closed Meeting were the matters identified in
the Resolution by which it was convened. NOW, THEREFORE, BE IT RESOLVED that the Gloucester County Board of
Supervisors does hereby reconvene in Open Meeting at its meeting of July 7, 2015, and certifies the matters set forth in Virginia Code Section 2.2-3712(D).
Mr. Winebarger noted that he wanted to bring up an issue related to the
highway corridor overlay if the majority of the Board would allow him to do so.
By consensus, the Board was willing to hear Mr. Winebarger.
July 7, 2015 Board of Supervisors Meeting -22-
Mr. Winebarger stated that he recently was in York County and the setback from
the road for their businesses is 20 feet. He further stated that Gloucester is still at 50
feet. He advised that he felt businesses were not going to come to Gloucester when
they can get smaller setbacks in another location. He noted he would like the Board to
consider this at a later meeting. Mr. Meyer stated that Mr. Wanner can ask the
Planning Department to review and run it by the Planning Commission.
Mr. Wanner stated he would get all of the York County ordinances to review.
Mr. Winebarger noted that York County also has a 500 foot RMA (Resource
Management Area) and Gloucester County is a county-wide RMA. He stated that
should be reviewed as well.
XV. Adjournment
Mr. James moved to adjourn, seconded by Mr. Meyer. The motion carried and
the meeting was adjourned at 10:31 p.m. by the following voice vote: Mr. Chriscoe,
Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr. Winebarger – yes; and Mr. Orth –
absent.
__________________________________
Ashley C. Chriscoe, Chair
____________________________________
Sanford B. Wanner, Interim County Administrator
Recommended