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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
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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
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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
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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.
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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
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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
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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.
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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.
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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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