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January 20, 2015 Board of Supervisors Meeting -1- AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, JANUARY 20, 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 Ms. Garton 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. Robert J. Orth Michael R. Winebarger THERE WERE ABSENT: None ALSO IN ATTENDANCE: Edwin “Ted” Wilmot, County Attorney Brenda G. Garton, County Administrator II. Invocation and Pledge of Allegiance Mr. James 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 - December 2, 2014 Mr. Orth moved, seconded by Mr. Bazzani, to approve the minutes from the December 2, 2014, meeting as presented. The motion carried and was approved by the following voice vote: Mr. Chriscoe, Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr. Orth, and Mr. Winebarger – yes. IV. Adoption of the Agenda Mr. Winebarger asked to add an item to the agenda to make the appointments that were not made at the January meeting. Mr. Hutson moved, seconded by Mr. Orth, to adopt the agenda as amended to add the Board appointments not made in January as item D under the regular agenda. The motion carried and was approved by the following voice vote: Mr. Chriscoe, Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr. Orth, and Mr. Winebarger – yes. V. Approval of the Consent Agenda Mr. Winebarger asked to move item C from the consent agenda to add it as item E on the regular agenda for discussion. Mr. Hutson moved, seconded by Mr. James, to approve the consent agenda as amended to move the Middle Peninsula Regional Airport Authority appointment to item E under the regular 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. Orth, and Mr. Winebarger – yes.
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  • January 20, 2015 Board of Supervisors Meeting -1-

    AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF

    SUPERVISORS, HELD ON TUESDAY, JANUARY 20, 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 Ms. Garton 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. Robert J. Orth

    Michael R. Winebarger

    THERE WERE ABSENT: None

    ALSO IN ATTENDANCE: Edwin “Ted” Wilmot, County Attorney

    Brenda G. Garton, County Administrator II. Invocation and Pledge of Allegiance

    Mr. James 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 - December 2, 2014

    Mr. Orth moved, seconded by Mr. Bazzani, to approve the minutes from the

    December 2, 2014, meeting as presented. The motion carried and was approved by

    the following voice vote: Mr. Chriscoe, Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr. James,

    Mr. Orth, and Mr. Winebarger – yes.

    IV. Adoption of the Agenda

    Mr. Winebarger asked to add an item to the agenda to make the appointments

    that were not made at the January meeting.

    Mr. Hutson moved, seconded by Mr. Orth, to adopt the agenda as amended to

    add the Board appointments not made in January as item D under the regular

    agenda. The motion carried and was approved by the following voice vote: Mr.

    Chriscoe, Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr. Orth, and Mr.

    Winebarger – yes.

    V. Approval of the Consent Agenda

    Mr. Winebarger asked to move item C from the consent agenda to add it as item

    E on the regular agenda for discussion.

    Mr. Hutson moved, seconded by Mr. James, to approve the consent agenda as

    amended to move the Middle Peninsula Regional Airport Authority appointment to

    item E under the regular 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. Orth, and Mr. Winebarger – yes.

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  • January 20, 2015 Board of Supervisors Meeting -2-

    A. Resolution of Appreciation for Dr. Wesley C. Wilson - Garrey W. Curry, Jr., P.E. - Assistant County Administrator for Community

    Development

    RESOLUTION OF APPRECIATION WESLEY C. WILSON

    WHEREAS, the Gloucester County Board of Supervisors wishes to acknowledge

    Dr. Wesley C. Wilson for his many years of service to the citizens of Gloucester County, the Virginia Peninsula and the entire Hampton Roads region; and

    WHEREAS, Dr. Wilson has distinguished himself in service to his Country, to Newport News and to Gloucester County; he served as and retired as an officer in the

    United States Army; he served as Chairman of the Newport News School Board and Newport News Now; he has served the Economic Development Authority in many capacities since his August 3, 1999 appointment, including Chairman, Vice-

    Chairman, Secretary and, most recently, as Treasurer of the Authority and the Gloucester Business Park Association; Dr. Wilson formed and has continue to be a principal in a successful consulting company located in Gloucester; and

    WHEREAS, Dr. Wilson’s leadership on of the Economic Development Authority

    was instrumental in advancing the County’s continuing relationship with Canon Virginia, and Canon Environmental Technologies, Inc. (CETI); his guidance helped advance many expansions, including the addition of color cartridge recycling, and the

    building expansion for Canon Virginia and CETI in 2008 and 2009. This expansion included the addition of advanced robotic manufacturing equipment and other processes resulting in vertically integrated recycling efficiencies; his support in the

    Canon Virginia and Dominion Virginia Power Solar Panel project at CETI highlighted Canon’s corporate philosophy of Kyosei while building Dominion Virginia Power’s

    largest industrial alternative energy project in the Commonwealth of Virginia; and

    WHEREAS, Dr. Wilson has been instrumental in the advancement of

    Gloucester’s relationship with William and Mary and the Virginia Institute of Marine Science in advancing the formation of the Center for Applied Marine Science and

    Technology and the VIMS Industry Partnership. Dr. Wilson’s leadership was again demonstrated through the purchase of the Woodville School in order to protect and restore a historic, educational asset whose sole purpose was the education of young

    African American boys and girls, and he has worked tirelessly with Hampton University in efforts to restore the T.C. Walker Main Street home. Dr. Wilson has also developed a retrospective on the education of African Americans in Gloucester County;

    and

    WHEREAS, Dr. Wilson continues his community and public service through his weekly delivery of Meals on Wheels, membership on many other citizen committees, as well as his dedicated effort in having a monument erected in the Courthouse Circle in

    remembering Private James Daniel Gardner, Company I, 36th Colored Troops, recipient of the Medal of Honor for his bravery during the Civil War battle of Chapin’s Farm,

    Virginia on September 29, 1864, and Dr. Wilson’s continued recognition of Private Gardner’s bravery through participation in the reenactments of this battle.

    NOW, THEREFORE, BE IT RESOLVED that the Gloucester County Board of Supervisors hereby expresses to Dr. Wilson their genuine, heartfelt gratitude and appreciation for his service and dedication to the citizens of our country, Hampton

    Roads and Gloucester County; and

    FURTHER BE IT RESOLVED that a copy of this resolution be spread upon the minutes of the Board and presented to Dr. Wilson.

    B. Resolution of Appreciation for Patricia W. Houtz - Garrey W. Curry, Jr., P.E. - Assistant County Administrator for Community

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  • January 20, 2015 Board of Supervisors Meeting -3-

    Development

    RESOLUTION OF APPRECIATION PATRICIA W. HOUTZ

    WHEREAS, the Gloucester County Board of Supervisors wishes to acknowledge Patricia W. Houtz for her many years of service to the Economic Development Authority

    and the citizens of Gloucester County, Virginia; and WHEREAS, Mrs. Houtz, a certified public accountant, has distinguished herself

    through her years of service on the Economic Development Authority in many capacities since being appointed on August 1, 2000 and include both Chairman and

    Vice-Chairman, as well as having served on various EDA committees; Mrs. Houtz, an officer in the family business, Ken Houtz Chevrolet-Buick, Inc., is the owner of a successful development company, Main Street Properties, LLC which is located on

    Main Street in the “Coke Building”, another of her Main Street properties; and WHEREAS, Mrs. Houtz’s knowledge of development matters provided the

    Economic Development Authority with insights that were influential in advancing the EDA’s continued and successful development of the Gloucester Business Park, as well

    as her advocacy that assisted other purchases in the business park by Sentara Health Systems, AES Professional Engineers, Gloucester Professional Park, LLC, and Haywood Development Company; her business acumen advanced the Authority’s continuing

    relationship with Canon Virginia, and Canon Environmental Technologies, Inc. (CETI), including the multiple expansions of the plant and equipment, and her support of the

    Dominion Virginia Power Solar Panel Project which helped promote the Canon corporate philosophy of Kyosei and will help Dominion Virginia Power’s assessment of the long-term value of solar energy as a viable and reliable energy source; and

    WHEREAS, Mrs. Houtz served on the EDA Gloucester Point Committee assisting

    the County’s working relationship with the College of William and Mary and the

    Virginia Institute of Marine Science. Mrs. Houtz was a founding member of the VIMS Industry Partnership Committee. This committee advanced the founding of the VIMS

    Center for Applied Marine Science and Technology which continues today as VIMS, Inc. Mrs. Houtz again demonstrated leadership with her counsel in the EDA purchase of the property on Greate Road which was then included in the VIMS Master Plan for

    future development which may include graduate student housing, new retail and commercial development as supported in the Gloucester Point/Hayes Village Development Plan; and

    WHEREAS, Mrs. Houtz has served on numerous Main Street committees and

    the EDA Small Business Committee whose advocacy influenced not only the funding of the small business counseling sessions which have been meeting monthly since 2012 assisting Gloucester’s small businesses with financial, marketing and business

    planning advice, but also the EDA E-Commerce Grant program which provides funding for companies desiring web based design assistance.

    NOW, THEREFORE, BE IT RESOLVED that the Gloucester County Board of Supervisors hereby expresses to Mrs. Houtz their genuine, heartfelt gratitude and

    appreciation for her service and dedication to Gloucester County and the Hampton Roads region; and

    FURTHER BE IT RESOLVED that a copy of this resolution be spread upon the minutes of the Board and presented to Mrs. Houtz.

    VI. Citizens' Comment Period - (limited to topics on the Work Session

    agenda only) (Speakers should provide 10 copies of handouts if any)

    DON MITCHELL – YORK DISTRICT

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  • January 20, 2015 Board of Supervisors Meeting -4-

    Mr. Mitchell stated that the Middle Peninsula Regional Airport Authority was a

    waste of Gloucester’s investment and the County should cease making it. He noted

    that he felt the Board had a workable document relating to its conduct of meetings.

    He stated he wished to review several changes relating to conflict of interest that he

    proposed in 2010. He stated that in addition to not having a conflict of interest, the

    Board members must not have the appearance of a conflict. He reviewed that his

    proposed changes suggested Board members recuse themselves from voting on any

    issue, including funding, where family to various degrees or close friends would receive

    a monetary benefit. He concluded that transparency means the taxpayer should have

    all the information available to the supervisors.

    Mr. Meyer asked Mr. Mitchell to submit a written transcript of the suggested

    changes to the Board.

    VII. Work Session Agenda A. Discussion and Approval of the 2015 Board Operating Procedures -

    Brenda G. Garton - County Administrator

    Ms. Garton advised that staff had updated the Rules of Procedure based on the

    Board members discussion on January 6. She noted that there were three areas she

    needed the Board to review to ensure the wording was as desired.

    Board members reviewed the changes and made some minor modifications to

    the wording that was presented.

    Mr. Orth moved, seconded by Mr. Hutson, to adopt the Board's operating

    procedures for 2015 as modified.

    Mr. Meyer moved to amend the motion to remove the Code of Ethics until Mr.

    Mitchell’s suggested changes could be reviewed. No second was received.

    Board members discussed adopting the current Code of Ethics and revising at a

    later date if necessary. Mr. Meyer agreed.

    The motion to adopt the Board’s operating procedures for 2015 was approved by

    the following roll call vote: Mr. Chriscoe, Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr.

    James, Mr. Orth, and Mr. Winebarger – yes.

    BOARD PROCEDURES FOR 2015

    WHEREAS, the Gloucester County Board of Supervisors has been presented with Board Procedures detailing how public business will be conducted in 2015; and

    WHEREAS, the Gloucester County Board of Supervisors has reviewed these documents and believes that they are important to operating a good government in

    Gloucester County; and WHEREAS, the Gloucester County Board of Supervisors wants to publicly tell

    the citizens of Gloucester County how its business will be conducted in 2015.

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  • January 20, 2015 Board of Supervisors Meeting -5-

    NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of

    Supervisors that the following Rules of Procedure, Code of Ethics, and Standards of Conduct are hereby adopted for 2015.

    RULES OF PROCEDURE GLOUCESTER COUNTY BOARD OF SUPERVISORS

    ARTICLE I - MEETINGS

    Section 1-1. Annual Organizational Meeting; Schedule of Regular Meetings and Work Sessions

    On the first Tuesday of January of each year, or on such other date in the month of January as it may designate, the Board shall assemble at the Colonial

    Courthouse, 6504 Main Street, Gloucester, Virginia, or such other public place as it may designate, in regular session, and conduct its Annual Organizational Meeting. During the course of such meeting, the Board shall fix the date, time, and place of all

    of its regular meetings and work sessions during the ensuing calendar year. Should the Board subsequently change the date, place, or time of regular meetings it shall

    comply with the requirements of Section 15.2-1416 of the Code of Virginia, as amended.

    Any scheduled meeting, without further public notice, may be adjourned from day to day, from time to time, or from place to place, not beyond the time fixed for the

    next regular meeting until the business of the Board is concluded. Section 1-2. Cancellation of Meetings

    Should the Chair declare that weather or other conditions make it hazardous for members to attend any scheduled meeting, unless the Chair cancels the meeting, it

    shall be postponed to the next work day. All hearings and other matters previously advertised shall be conducted at the postponed meeting, and no further advertisement

    is required. Work sessions may be cancelled by the Chair in the absence of substantive agenda items, with routine matters (such as approval of minutes) being carried forward to the next regular meeting agenda.

    Section 1-3. Special Meetings

    The Board of Supervisors may hold such special meetings as it deems necessary and at such times and places as it may find convenient. A special meeting shall be

    called pursuant to the requirements imposed by Section 15.2-1418 of the Code of Virginia, as amended. In addition, the Board may adjourn its special meetings from time to time as it may find convenient or necessary.

    Section 1-4. Quorum and Method of Voting

    At any meeting, a majority of the Supervisors shall constitute a quorum. All questions submitted to the Board for decision shall be determined by voice vote of a

    majority of the Supervisors present and voting on any such question, unless otherwise provided by law. The name of each member voting and how he or she voted must be recorded.

    The Board of Supervisors has elected not to have a tiebreaker, as provided by

    the Code of Virginia, as amended, and a tie vote on any question shall defeat it. Section 1-5. Procedure for Roll Call Vote

    The vote on all matters before the Board shall be by roll call vote, except for the

    votes concerning the Approval of the Minutes, Adoption of the Agenda, Approval of the Consent Agenda, Board Appointments, and Adjournment. For all roll call votes, the

  • January 20, 2015 Board of Supervisors Meeting -6-

    Clerk or Deputy Clerk shall call the name of each member and receive in reply the vote

    of such member either as “Yes” or “No” on the measure being considered. The order in which the names of the members are called shall be varied and rotated by the Clerk or Deputy Clerk at his or her discretion.

    Section 1-6. Board to Sit with Open Doors

    The Board of Supervisors shall sit with open doors, and all persons conducting themselves in an orderly manner may attend the meetings. However, the Board may

    hold closed meetings as permitted by law.

    Closed meetings may be placed on the agenda, or may be requested by any member of the Board. However, no closed meeting shall be convened unless and until the Board has favorably acted on a motion to so convene, and, then, only if such

    motion accurately states a lawful reason for such closed meeting as permitted by and outlined in Section 2.2-3711 of the Code of Virginia, 1950, as amended.

    ARTICLE II - OFFICERS

    Section 2-1. Chair and Vice Chair At the annual meeting of the Board of Supervisors the Board shall elect from its

    membership a Chair and a Vice Chair, each of whom shall serve for a term which will expire on December 31st of the same year in which elected, or, until their respective

    successors shall have been elected. In the event that the Chair and Vice Chair are absent from any meeting of the Board, then, the members present at such meeting shall choose one of their number as temporary Chair by majority vote of the members

    present and voting. In the absence of the Chair, the Vice-Chair shall assume responsibilities assigned to the Chair.

    Section 2-2. Chair May Administer Oath

    The Chair, as provided in Section 15.2-1410 of the Code of Virginia, 1950, as amended, shall have the power to administer an oath to any person concerning any matter submitted to the Board or connected with its powers or duties.

    Section 2-3. Clerk

    The Clerk of the Board shall be the County Administrator, whose duties and responsibilities as Clerk shall be as specified in Section 15.2-1539 of the Code of

    Virginia, 1950, as amended, or as delegated by the Board. At the discretion of the Board, any County employee can be designated as Deputy Clerk or Temporary Clerk.

    Section 2-4. Parliamentarian

    The County Attorney shall serve as the Parliamentarian for the Board at all of its meetings.

    Section 2-5. Sergeant at Arms The Sheriff of Gloucester County or his designee(s) shall serve as Sergeant at

    Arms at all regular Board meetings. As circumstances may require in the Sheriff’s judgment and in consultation with the Board Chair and/or the County Administrator,

    the Sheriff may impose such security measures as he deems appropriate and lawful in order to protect the safety of the Board, the staff, and the public and to ensure the conduct of the public business at the Board meeting.

    ARTICLE III - CONDUCT OF BUSINESS

    Section 3-1. Order of Business

  • January 20, 2015 Board of Supervisors Meeting -7-

    At regular meetings of the Board, the order of business shall be as follows:

    I. Call to Order & Roll Call

    II. Invocation & Pledge of Allegiance III. Approval of the Minutes

    IV. Adoption of the Agenda V. Approval of the Consent Agenda

    VI. Citizens’ Comment Period

    VII. Scheduled Presentations (when required) VIII. Regular Agenda

    IX. County Administrator Items X. County Attorney Items

    XI. Boards and Commissions Reports

    XII. Matters Presented by the Board XIII. Public Hearings (when required 8:00 p.m.) XIV. Closed Meeting (when required)

    XV. Adjournment

    At meetings of the Board designated as work sessions, the order of business shall be as follows:

    I. Call to Order & Roll Call II. Invocation & Pledge of Allegiance

    III. Approval of the Minutes IV. Adoption of the Agenda V. Approval of the Consent Agenda (if presented)

    VI. Citizens’ Comment Period VII. Work Session Agenda

    VIII. County Administrator Items

    IX. Matters Presented by the Board X. Closed Meeting (when required)

    XI. Adjournment The order of business item "Matters Presented by the Board" shall mean time for

    individual Board members to share information with other members of the Board and the public. Items presented under this heading requiring action will be for future agendas. No item presented under this heading will be acted upon at the meeting at

    which presented unless it is the unanimous consensus (either by voice vote or roll call at the discretion of the Chair) of the Board that the item be acted on at the time of

    presentation. Note that the order of business for a regular meeting will be slightly modified at the Annual Organizational Meeting to provide for election of the Chair and Vice-Chair.

    It is the intent of the Board that the second meeting of each month be

    designated as a work session, though the decision to add action items with time constraints is left at the discretion of the County Administrator with the approval of the Board Chair. Work session agenda items shall generally be presentations and

    discussions related to matters where time is needed to thoroughly present information important to the business of the Board, typically on matters which shall come before the Board at some later date for decision. Typically, no action will be required or

    requested for work session agenda items. It shall also be the intent of the Board that all public hearings be conducted at the regular Board meetings on the first Tuesday of

    each month. Although citizen comment is also included at Board work sessions, the Chair may limit time to three minutes and restrict comment to topics of discussion on that meeting’s agenda.

    Section 3-2. Consent Agenda

  • January 20, 2015 Board of Supervisors Meeting -8-

    The Consent Agenda shall be introduced by a motion "to approve the Consent

    Agenda", and shall be considered by the Board as a single item. There shall be no debate or discussion by any member of the Board regarding any item on the Consent Agenda, beyond asking questions for simple clarification.

    On objection by any member of the Board of Supervisors to inclusion of any item

    on the Consent Agenda, that item shall be removed from the Consent Agenda forthwith. Such objection may be recorded at any time prior to completing the taking of a vote on the motion to approve the Consent Agenda. Items, which have been

    objected to and removed from the Consent Agenda, shall immediately after the vote on the Consent Agenda has been taken, be considered individually and in the order in

    which they were objected to. Approval of the motion to approve the Consent Agenda shall constitute approval,

    adoption, or enactment of each motion, resolution, or other item of business thereon, exactly as if each had been acted upon individually.

    Section 3-3. Manner of Addressing Board; Priority in Speaking

    When any person, including Board members, speaks to the Board, he or she shall address the Chair and shall confine his or her remarks strictly to the question before the Board.

    When two or more members of the Board wish to speak at the same time, the

    Chair shall select the one to speak first and the other(s) to speak in the order designated by the Chair.

    Section 3-4. Motion No proposition shall be entertained by the Chair until a motion for the same has

    been duly made. The Chair may make a motion without vacating the chair. Discussion of items will be permitted only after a motion is on the floor.

    Section 3-5. Motion to Adjourn; Automatic Adjournment

    A motion to adjourn shall always be in order and shall be decided without debate.

    The Chair shall automatically adjourn, without benefit of any motion or debate, any meeting of the Board which has not concluded by 11:00 P. M. No meeting of the

    Board shall continue beyond 11:00 P. M. unless and until a motion to extend the time has been offered and passed by a majority vote of the members present and voting.

    Section 3-6. Motions While a Question is Under Debate

    When a motion is under debate at a meeting of the Board, no motion shall be received unless it is one to amend, to commit or refer for study, to postpone, for the previous question, for a substitute motion, to lay on the table, or to adjourn.

    Section 3-7. Reconsideration of Motions, Etc., Upon Which Vote Has Been Announced

    At a meeting of the Board, when any vote upon any motion, resolution, ordinance, or question has been announced, it may not be reconsidered unless and

    until a motion to that effect is presented by a member of the Board who voted with the prevailing side when such motion, resolution, ordinance, or question was considered at the meeting in which the vote took place. Any such motion to reconsider shall be

    decided by a majority vote of the members present, unless a greater number of votes was required to pass the measure, in which event, the motion to reconsider shall not

    prevail, except upon the vote of as great a number of members as was required to pass the measure.

  • January 20, 2015 Board of Supervisors Meeting -9-

    For the purpose of this Section, “meeting” shall include any adjourned or special meeting occurring prior to the next regular meeting.

    Section 3-8. Robert's Rules of Order; Suspending Rules

    The proceedings of the Board of Supervisors, except as otherwise provided in these Rules of Procedure and by applicable State law, shall be governed by Robert's Rules of Order.

    These Rules of Procedure of the Board may only be suspended on presentation

    of a motion to that effect, which is carried by unanimous vote of the members present and voting.

    ARTICLE IV - PUBLIC HEARINGS Section 4-1. Format for Public Hearings

    The following format shall be followed for all Public Hearings conducted before

    the Board of Supervisors, except for those conducted by representatives of the Virginia Department of Transportation:

    The Chair will make a brief statement identifying the matter to be heard and verify with the County Administrator that all legal advertisement requirements

    have been met.

    The Chair will call upon the appropriate County staff member to present the item to be heard. Staff presentations should be concise and normally limited to

    no more than ten (10) minutes except when necessary to properly inform the public of the issue before the Board. In such instances, the agenda will be annotated to indicate the estimated length of the presentation. In a land use

    matter, unless otherwise agreed by the Board, the applicant or the applicant’s representative(s) shall be allowed a maximum of ten (10) minutes to present their case immediately following the staff presentation.

    The Chair will open the floor to public comment.

    The Chair shall close the floor to public comment, and refer the matter for Board

    discussion.

    Section 4-2. Speakers At every Public Hearing, speakers wishing to address the Board shall clearly

    state their name and address or magisterial district, if applicable, and they shall be allowed to speak for no more than the time limit set by the Chair. The Parliamentarian

    shall be responsible for noting the expiration of this time limit, and the Chair shall be responsible for enforcing said limit. All speakers shall direct their comments to the Board Chair.

    Speakers may register with the Clerk prior to the start of the hearing if the Chair feels it is necessary on forms provided for citizen participation, and the Chair shall

    verify that all such registration has been completed before beginning the hearing with the first step described above in Section 4-1.

    The Code of Gloucester County, Section 2-13, allows the Chair to recognize any citizen to speak to the Board during the course of any meeting if deemed appropriate,

    and requires the Chair to recognize a citizen when requested by two (2) or more Board members.

    Section 4-3. Member’s Participation

  • January 20, 2015 Board of Supervisors Meeting -10-

    Board members shall limit their comments during public hearings to ensure full participation by the public without Board interference.

    Section 4-4. Close of Hearing

    When a Public Hearing shall have been closed by order of the Chair of the Board, no further public comments shall be received.

    Section 4.5: Rezoning Public Hearings; No Delay or Deferral

    Once a public hearing for a change to the zoning map has been advertised, the Board of Supervisors will not consider a request by the applicant to delay, defer, or continue said hearing.

    ARTICLE V – AGENDA AND CITIZEN PARTICIPATION

    Section 5-1. Preparation

    The Clerk shall prepare an Agenda for each regular meeting conforming to the order of business specified in Section 3-1 under Order of Business, with the advice/input of the Chair. Notwithstanding the advice/input of the Chair, any Board

    member may have a conforming item added to the Agenda if timely submitted before the deadline established by the County Administrator. Except where emergency

    circumstances require otherwise, every item to be placed on the Agenda shall be received in the Office of the County Administrator before the deadline established by the County Administrator.

    Notwithstanding the preceding paragraph, proffers for rezoning applications will not be accepted if not received in the County Administrator’s office at least fourteen

    (14) days before the scheduled public hearing on the application.

    During a Board Meeting, an item can be added to the agenda when requested by any member and approved by majority vote of the Board.

    Section 5-2. Delivery The Agenda packet shall be received in electronic form by each member of the

    Board and by the County Attorney at least 96 hours prior to the meeting or in printed form to Board members upon request and within a reasonable timeframe thereafter.

    Section 5-3. Posting

    A copy of the Agenda shall be available in the Office of the County Administrator and may be reviewed during normal office hours, and on the County’s WEB site at any

    time. Section 5-4. Copies

    The Clerk or Deputy Clerk of the Board shall prepare or cause to be prepared extra copies of the Agenda and shall make the same available to the public in the

    Office of the County Administrator at the same time that the Agenda is posted pursuant to Section 5-3, above. The Clerk or Deputy Clerk shall also have copies

    available at each meeting. Section 5-5. Citizen Participation in Regular Meetings of the Board

    Any citizen or County staff member who desires to address the Board during the

    "Scheduled Presentations" or the “Regular Agenda” portion of the Agenda at a Regular Meeting shall submit a written request to the Clerk, or his designee, identifying, with

  • January 20, 2015 Board of Supervisors Meeting -11-

    reasonable certainty, the subject matter of the presentation. Such request must be in

    the Clerk's hands not later than the Agenda deadline specified in Section 5-1 hereof. Only the person requesting to make the presentation may do so, unless otherwise permitted by the Chair, and every such speaker shall be subject a time limit for the

    presentation set by the Chair. Presentations should be concise and normally limited to no more than ten (10) minutes except when necessary to properly inform the public of

    the issue before the Board. In such instances, the agenda will be annotated to indicate the estimated length of the presentation. Board Member questions and discussion of the material presented shall not be subject to any time limit.

    Submissions for the agenda are subject to approval by the Board Chair or County Administrator prior to their addition.

    No application shall be required in order to speak to the Board during Citizen Comment, however, speakers participating in that activity shall clearly state their

    name and address or magisterial district, and shall be subject to the time limitation set by the Chair. Each speaker at a Citizen Comment period shall be limited to one appearance at each regular meeting of the Board. All speakers shall direct their

    comments to the Board Chair. No comments regarding county business sent electronically shall be reviewed during the meeting by the members of the Board.

    All will practice proper decorum during Board meetings. Persons who attend Board meetings or who wish to speak to the Board during public comment shall do so

    in an orderly manner. Any person (or persons) who engages in any disorderly conduct which disrupts, disturbs or otherwise impedes the orderly conduct of any Board

    meeting shall, at the discretion of the presiding Chair, be barred from speaking or may be ejected from the meeting.

    At the conclusion of the Citizen Comment period, and at the direction of the Chair, a Board member or staff member may be asked to respond to issues raised during the Citizen Comment section of the agenda.

    The Code of Gloucester County, Section 2-13, allows the Chair to recognize any

    citizen to speak to the Board during the course of any meeting if deemed appropriate, and requires the Chair to recognize a citizen when requested by two (2) or more Board members.

    ARTICLE VI – POWERS OF THE CHAIR

    Section 6-1. Powers of the Board Chair Outside of Board Meetings

    The Board Chair is specifically granted the authority to:

    Issue proclamations and letters on behalf of the Board and Gloucester County

    which are congratulatory or honorary in nature without requiring the approval or a vote of the Board.

    Authorize the County Administrator’s and County Attorney’s attendance at conferences.

    Approve leave requests for the County Administrator and County Attorney.

    Represent the Board at regional meetings and caucus meetings.

    ARTICLE VII – GENERAL RULES OF CONDUCT DURING BOARD MEETINGS

    Section 7.1. Prohibition of Private Communication during Board Meetings The Gloucester County Board of Supervisors wishes to observe the spirit of the

    open meeting requirements of the Freedom of Information Act. Board members are prohibited from engaging in private communication regarding county business by any

    means, electronic or otherwise, during Board meetings.

  • January 20, 2015 Board of Supervisors Meeting -12-

    CODE OF ETHICS

    GLOUCESTER COUNTY BOARD OF SUPERVISORS

    Recognizing that persons who hold public office have been given a public trust

    and that the stewardship of such office demands the highest levels of ethical and

    moral conduct, members of the Gloucester County Board of Supervisors agree to

    adhere to the following Code of Ethics.

    1. Uphold the Constitution, laws and regulations of the United States and of

    all governments therein and never knowingly be a party to their evasion.

    2. Put loyalty to the highest moral principles and to the County above loyalty

    to individuals, or particular groups.

    3. Give a full measure of effort and service to the position of trust for which

    stewardship has been granted; giving earnest effort and best thought to the

    performance of duties.

    4. Seek to find and use the most equitable, efficient, effective, and

    economical means for getting tasks accomplished.

    5. Adopt policies and programs that support the rights and recognize the

    needs of all citizens regardless of race, sex, age, religion, creed, country of origin,

    or disability.

    6. Avoid speech, policies, programs or activities that discriminate against or

    offend individuals because of race, sex, age, religion, creed, country of origin, or

    disability.

    7. Ensure the integrity of the actions of the Board of Supervisors by avoiding

    the dispensing of special favors or unfair privileges to anyone, whether for

    remuneration or not. A member should never accept for himself/herself or for

    family members or friends, favors or benefits that might be construed by

    reasonable persons as influencing the performance of governmental duties.

    8. Make no private promises of any kind binding upon the duties of any

    office, since a public servant has no private word that can be binding on public

    duty.

    9. Engage in no business with the County government, or the school system,

    either directly or indirectly, which is inconsistent with the conscientious

    performance of government duties.

    10. Never use any information gained confidentially in the performance of

    governmental duties as a means of making private profit.

    11. When any misconduct, neglect of duty, or corruption is discovered, the

    members of the Board, as a body, will pursue and respond appropriately.

    12. Adhere to the principle that the public’s business should be conducted in

    the public view by observing and following the letter and spirit of the Freedom of

    Information Act. Use closed meetings only to deal with sensitive personnel, legal

    or contractual matters as provided by the Code of Virginia.

  • January 20, 2015 Board of Supervisors Meeting -13-

    13. Avoid criticizing colleagues or citizens by impugning their integrity or

    vilifying their personal beliefs.

    14. Make sure, when responding to the media, that a clear distinction is made

    between personal opinion or belief and the position of the Board.

    15. Review orally and in public session at the annual meeting each of these

    principles.

    16. Pledge to honor and uphold these principles, ever conscious that public

    office is a public trust.

    STANDARDS OF CONDUCT

    GLOUCESTER COUNTY BOARD OF SUPERVISORS

    Maintaining the integrity and dignity of the public office is essential for

    retaining high levels of public confidence in our institutions of government.

    Therefore, every member of the Gloucester County Board of Supervisors should

    adhere to the following Standards of Conduct.

    1. Avoid the use of abusive, threatening or intimidating language or

    gestures directed at colleagues, citizens, or personnel.

    2. Be well prepared for each meeting.

    3. Avoid offering personal public criticism of County employees,

    recognizing the dignity of each individual.

    4. Work to create a positive environment in public meetings so citizens

    will feel comfortable in their roles as observers or participants.

    5. Maintain an attitude of courtesy and consideration toward all during

    discussions and deliberations.

    6. Be tolerant. Allow citizens, employees, or colleagues sufficient

    opportunity to present their views.

    7. Be respectful and attentive. Avoid comments, body language or

    activity that conveys a message of disrespect or disinterest for the

    presentations or views of citizens, personnel or colleagues.

    8. Be concise. Stay on topic. Get to the point.

    9. Communicate directly with the County Administrator, County

    Attorney, department directors, and/or the Chair of the Board on County

    matters to enhance communication between staff and the Board of

    Supervisors.

    10. Avoid the use of electronic devices during Board meetings to

    communicate with others regarding county business.

    B. Discussion and Decision on Board of Supervisors Appointee to the

    Main Street Preservation Trust - Ted Wilmot - County Attorney

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  • January 20, 2015 Board of Supervisors Meeting -14-

    Mr. Wilmot reviewed that the Board chose to defer the potential appointment of

    a supervisor to the Board of the Main Street Preservation Trust. He advised that the

    trust was formed in 2005, and according to the trust documents, assets were to be

    used to attract new and additional businesses to Main Street, and for maintaining,

    managing and preserving the Main Street Center for the benefit of the County. He

    reviewed the trust’s specific purposes, and noted that he had forwarded a copy of the

    trust documents to the Board. He stated that since its inception, the trust has had a

    member of the Board of Supervisors as one of its board members, as called for in its

    trust documents. He stated he understood that the purpose of the appointment was

    to keep the Board, and the community in general, apprised and updated with their

    activities. He noted that the Board is under no compulsion to make the appointment,

    but that it is available.

    Mr. Bazzani stated that the County provides tax money to the organization, and

    that in his view it is a conflict of interest to have someone serving on the Board. He

    also stated that if a Board member is appointed to this non-profit group, one should

    be appointed to every non-profit group.

    Mr. Chriscoe stated he had served on this Board and he did not feel there was a

    conflict.

    Board members continued to discuss this matter addressing whether there was

    a conflict of interest or a perception of a conflict of interest, the possibility of having

    the Board member be a non-voting member, the possibility of having a staff

    representative, and the benefit to having a Board member appointee.

    Mr. Wilmot advised that the Board could pursue having a staff member

    appointed, but the Main Street Preservation Trust would have to modify the trust

    documents to allow. He advised that under state code a local governing body may

    appoint a member to the board of a non-profit organization provided that Board

    member does not receive any remuneration for the service.

    After further discussion, Mr. Meyer moved, seconded by Mr. Bazzani, to not

    appoint a Board representative to the Main Street Preservation Trust at this time. The

    motion carried and was approved by the following roll call vote: Mr. Chriscoe, Mr.

    Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr. Orth, and Mr. Winebarger – yes.

    C. Review and Discuss Strategic Plan Document - Brenda G. Garton -

    County Administrator, John C. Meyer, Jr. - Vice Chair, Board of Supervisors and Chris Hutson - Member, Board of Supervisors

    Ms. Garton reviewed that the Board held its strategic planning retreat on

    January 7-8. She stated that a draft document was produced as a result of that effort

    and Mr. Hutson and Mr. Meyer volunteered to write a preamble and make additional

    modifications to the document.

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  • January 20, 2015 Board of Supervisors Meeting -15-

    Mr. Hutson handed out a one page document and a three page document. He

    advised that he and Mr. Meyer were looking at a way of breaking out the information

    to have a preamble of what the Board is trying to accomplish.

    Mr. Meyer added that between now and February 3 the Board members should

    amend the documents as necessary and communicate by email on the changes. He

    stated the goal is to have the vision statement at the February 3 meeting.

    Board members discussed that this document is the long range vision, not the

    specific actions for the next three years.

    Mr. Chriscoe stated the Board members should take some time to review and get

    suggested changes to Mr. Meyer and Mr. Hutson for the February 3 meeting.

    D. Board appointments

    Mr. Chriscoe stated that this item was added to make the appointments that

    were not made at the last meeting by Mr. Winebarger and by Mr. James.

    ECONOMIC DEVELOPMENT AUTHORITY

    Mr. Winebarger moved, seconded by Mr. Hutson, to appoint Makalia Records as

    the Petsworth representative 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. Orth, and Mr. Winebarger – yes.

    Mr. James moved, seconded by Mr. Winebarger, to appoint Mac Houtz as the

    Ware representative 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. Orth, and Mr. Winebarger – yes.

    PUBLIC UTILITIES ADVISORY COMMITTEE

    Mr. Winebarger moved, seconded by Mr. Orth, to appoint Keith Barrack as the

    Petsworth representative to the Public 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. Orth, and Mr. Winebarger – yes.

    E. Appointment to the Middle Peninsula Regional Airport Authority - Brenda G. Garton - County Administrator

    Ms. Garton stated that the County has a primary and alternate representative to

    the Middle Peninsula Regional Airport Authority. She advised that she serves as the

    alternate and the primary was the Economic Development Director until his

    retirement. She stated this appointment would make Mr. Curry the primary

    representative until the new Economic Development Director is hired.

    Mr. Winebarger stated that his reason for pulling this from the consent agenda

    was that the County is not getting anything out of the airport. He further stated that

    he did not see any advantage to being a member.

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  • January 20, 2015 Board of Supervisors Meeting -16-

    Mr. Orth stated that during the budget discussions last year there was a fair

    amount of discussion on the ramifications of withdrawing from the authority. He

    recalled there was a financial impact to withdrawing from the authority.

    After further discussion by the Board, Mr. Chriscoe noted that the agenda item

    is to make an appointment, and that the Board should have the discussion at a later

    time about remaining as a member of the authority.

    Mr. Meyer noted that there will soon be a new Economic Development Director.

    He stated that he would recommend allowing some more time in order to give the new

    director time to review it with a fresh set of eyes.

    By consensus, the Board agreed to have staff ask formally how much it would

    cost to withdraw from the authority.

    Mr. Hutson moved, seconded by Mr. Meyer, to appoint Garrey Curry as the

    primary representative to the Middle Peninsula Regional Airport Authority. The motion

    carried and was approved by the following roll call vote: Mr. Chriscoe, Mr. Meyer, Mr.

    Bazzani, Mr. Hutson, Mr. James, Mr. Orth, and Mr. Winebarger – yes.

    MIDDLE PENINSULA REGIONAL AIRPORT AUTHORITY

    WHEREAS, the Gloucester County Board of Supervisors has agreed to join the Middle Peninsula Regional Airport Authority; and

    WHEREAS, the Gloucester County Board of Supervisors needs to make an appointment to serve on the Middle Peninsula Regional Airport Authority; and

    WHEREAS, the Gloucester County Board of Supervisors has considered

    qualified people for this position. NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of

    Supervisors that Garrey W. Curry, Jr. is hereby appointed to the Middle Peninsula Regional Airport Authority for a term which shall expire June 30, 2016.

    VIII. County Administrator Items

    Ms. Garton reminded the Board that the joint meeting with the School Board is

    scheduled for Thursday at 7:00 p.m. at the T. C. Walker Education Center. She noted

    that the agenda has been sent out. She stated that there are no materials for a

    packet, and any materials will be given out that night.

    IX. Matters Presented by the Board

    Mr. Bazzani asked for an update on the Economic Development Director search

    committee.

    Ms. Garton reviewed the individuals who had agreed to serve on the committee

    and noted she had not contacted Mr. Goldberg yet.

    Mr. Bazzani stated Mr. Goldberg had a successful track record in development

    in Chesapeake and Virginia Beach, and that he felt all efforts should be made to get

    Mr. Goldberg on the committee even if the County needs to consider a small stipend.

    X. Closed Meeting (none scheduled)

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  • January 20, 2015 Board of Supervisors Meeting -17-

    There was no closed meeting scheduled. XI. Adjournment

    Mr. James moved, seconded by Mr. Meyer, to adjourn. The motion carried and

    the meeting was adjourned at 8:05 p.m. by the following voice vote: Mr. Chriscoe, Mr.

    Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr. Orth, and Mr. Winebarger – yes.

    ________________________________________ Ashley C. Chriscoe, Chair

    ________________________________________ Brenda G. Garton, County Administrator

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