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

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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

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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.

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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

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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

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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.

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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