December 1, 2015 Board of Supervisors Meeting -1-

AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, DECEMBER 01, 2015, AT 7:00 P.M., IN THE

COLONIAL COURTHOUSE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: I. Call To Order and Roll Call

Mr. Chriscoe called the meeting to order and Mr. Wanner took roll call.

THERE WERE PRESENT: Ashley C. Chriscoe, Chair John C. Meyer, 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

Sanford B. Wanner, Interim County Administrator II. Invocation and Pledge of Allegiance

Mr. Hutson 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 - November 4, 2015

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

November 4, 2015, 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. Chriscoe noted three presentations needed to be added to the agenda under

Scheduled Presentations. He stated they were the Click it or Ticket Award, the 2015

Virginia Law Enforcement Challenge Award, and the Government Finance Officers

Association Distinguished Budget Award. He also stated that he needed to remove the

closed meeting.

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

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. Meyer moved, seconded by Mr. Hutson, to approve the consent agenda. The

motion carried and the following consent agenda items were approved by the following

voice vote: Mr. Chriscoe, Mr. Meyer, Mr. Bazzani, Mr. Hutson, Mr. James, Mr. Orth,

and Mr. Winebarger – yes.

A. Acknowledgement of Abstract of Votes for the November 3, 2015,

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General Election – Sanford B. Wanner – Interim County Administrator

By approval of the consent agenda, the Board acknowledged the following

abstracts of votes:

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B. Open Board Directed Action Items – Sanford B. Wanner – Interim

County Administrator

By approval of the consent agenda, the Board was notified of the updates on

open action items.

C. Board of Equalization Appointments – Derek Green – County Assessor

RECOMMENDATIONS FOR APPOINTMENT TO THE GLOUCESTER

COUNTY PERMANENT BOARD OF EQUALIZATION

WHEREAS, the Gloucester County Board of Supervisors, acting pursuant to the authority vested in it by virtue of Virginia Code Section 58.1-3373, created a permanent Board of Equalization; and

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WHEREAS, members of the Board of Equalization are to be appointed by the Gloucester County Circuit Court; and

WHEREAS, the Gloucester County Board of Supervisors decided to submit the

names of individuals who have expressed an interest in serving on the Gloucester

County Permanent Board of Equalization.

NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of Supervisors that the following individuals are hereby recommended for consideration of the Circuit Court for reappointment to the Gloucester County Permanent Board of

Equalization:

William E. Fenstermacher Patricia J. Snyder 6710 Muggins Creek Road 6595 Pocahontas Lane Gloucester, VA 23061 Hayes, VA 23072

VI. Citizens Comment Period - (Speakers should provide 10 copies of

handouts if any)

NATHAN BROWN – WARE DISTRICT

Mr. Brown asked the Board to take a look at the Machinery and Tools Tax. He

stated that it is difficult for some small businesses to track machinery and tools. He

asked that the Board review the tax to determine if changes can be made to make it

fair and easier for the businesses.

NEAL KRIETE – YORK DISTRICT

Mr. Kriete stated that the Governor’s office had directed him to speak to his local

Board of Supervisors. He further stated he was a victim of federal financial fraud. He

noted that the violation of his rights occurred in Hanover County and Louisa County.

He encouraged the Board to see how he was treated in Hanover County at the Board

meeting by looking at the video of October 28. He reviewed the issues he had been

having and the offices he had contacted in order to try to obtain help.

DON MITCHELL – YORK DISTRICT

Mr. Mitchell spoke in opposition to the request for a scenic river area in

Gloucester on the York River. He stated that this is another outreach by Agenda 21 to

begin to take property in the United States. He noted that the resolution sets up a

committee that is not accountable to the citizens. He further noted that there is an

important segment of people who have not been considered and who were not asked

about this issue. He stated that property owners have rights.

VII. Scheduled Presentations A. Presentation of the Click it or Ticket Award - Melanie Stokes -

Virginia Department of Motor Vehicles

Ms. Stokes, Occupant Protection Coordinator for the Department of Motor

Vehicles (DMV) Highway Safety Department, reviewed that Click it or Ticket is an

enforcement and media campaign conducted every year. She noted that the annual

awards remind us of the hard work that the Gloucester County Sheriff’s Office does on

the front lines every day. She reported that agencies are grouped by DMV district and

number of sworn officers. She stated that Gloucester is in the Tidewater District and

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is up against a lot of big law enforcement agencies. She advised that law enforcement

agencies across Virginia received the most improved awards for reporting a significant

increase in the pre-seat belt use survey and the post-seat belt use survey. She

reviewed that the pre-survey is conducted and then after the two weeks of enforcement

and education the post-survey is conducted. She stated that Gloucester Sheriff’s

reported pre-survey seat belt rates of 77% and post-survey results of 84%. She further

stated that this outstanding 7% increase was one of the largest across the State. She

advised this significant increase signifies the extra effort and hard work of the

Gloucester County Sheriff’s Office during the two week campaign. She stated that

Virginia’s overall seat belt rate is only 80.9% compared to Gloucester’s 84% rate. She

noted that this increase resulted in the Click it or Ticket Most Improved Award for the

Gloucester County Sheriff’s Office. She congratulated Sheriff Warren and presented

him with the award.

B. Presentation of 2015 Virginia Law Enforcement Challenge Award - Dana Schrad - Virginia Association of Chiefs of Police

Ms. Schrad, Director of the Virginia Association of the Chiefs of Police, stated

that the Chiefs Association had been conducting the Virginia Law Enforcement

Challenge for over 20 years. She further stated that nationally Virginia has become a

State known for the professional efforts of its law enforcement agencies in highway

safety. She advised that this is the Gloucester County Sheriff’s Office 2015 Virginia

Law Enforcement Challenge 1st place Award in the category of Sheriffs with 46-60

deputies. She reviewed some of the efforts of the Sheriff’s Office to achieve the award.

She stated that the first effort was their consistent, proactive approach to combating

impaired driving. She reviewed the steps the Sheriff’s office followed and noted that in

the past year there were 85 arrests for DUI (Driving Under the Influence). Although

this was a slight increase in arrests from the past year, there was a decline in the

number of alcohol related crashes and injuries, and there were no alcohol or drug

related fatalities in 2014.

Ms. Schrad advised that another area that the Sheriff’s Office was successful in

was the area of occupant protection. She noted this includes seat belt use and also

child safety seats. She stated that there were 28 saturation patrols performed. She

also stated that during day time check points the Sheriff’s Office teamed up with the

Abingdon Ruritan Club to provide stuffed animals to children who were properly

restrained. She noted that as a result by the end of 2014 Gloucester’s seat belt usage

had increased to 83% which is a point above the State average.

Ms. Schrad stated that the Gloucester County Sheriff’s Office has also taken a

proactive approach to reducing the number of speeding violations. She reviewed their

efforts and noted that there was an overall decline in the number of speeding and

reckless driving tickets as well as a decline in vehicle crashes. She stated that she was

proud to present the 1st place Virginia Law Enforcement Challenge Award to Sheriff

Warren and the Gloucester County Sheriff’s Office.

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Sheriff Warren thanked Ms. Schrad and Ms. Stokes. He stated that the Sheriff’s

Office started the traffic safety unit in 2012 and it was spearheaded by Captain Shield.

He noted that there are 12 deputies whose secondary duty is traffic safety. He advised

that they wanted to target aggressive and impaired driving and to educate. He noted

that he was glad to accept the award for the 2nd year in a row. He thanked the Board

for adding the presentation to the agenda.

Mr. Chriscoe thanked Sheriff Warren, Captain Shield and the deputies for their

hard work and efforts to keep the County safe for its citizens.

C. Presentation of Government Finance Officers Association

Distinguished Budget Presentation Award - Sanford B. Wanner - Interim County Administrator

Mr. Wanner read a letter from the Government Finance Officers Association

awarding Gloucester County the Distinguished Budget Presentation Award for the

current budget. The letter stated that the award is the highest form of recognition in

governmental budgeting and represents a significant achievement. It noted that a

Certificate of Recognition is also being presented to Stephanie Tinsley, Director of

Financial Services.

Mr. Wanner advised that this is a very big award in local government.

Mr. Chriscoe called Ms. Tinsley forward and read the Distinguished Budget

Presentation Award and presented it to Ms. Tinsley. He congratulated her and her

staff for the excellence they have brought to the County.

Ms. Tinsley stated she was pleased to have achieved this award for Gloucester

County. She thanked the Board, leadership, department directors and constitutional

officers for their efforts.

VIII. Regular Agenda A. Scenic River Designation Resolution - Sanford B. Wanner - Interim

County Administrator

Mr. Wanner reviewed that the Board had heard a presentation in February on

the Scenic River Designation project and agreed to participate in a river survey. He

stated that the survey was completed by the Department of Conservation and

Recreation (DCR) in July. He noted that to have a portion of the York River declared

as a Scenic and Historic River the General Assembly must pass legislation. He advised

that a letter was received in October from DCR noting that if the Board wished to

continue both York and Gloucester Counties must pass a resolution of support. He

stated that the York County Board of Supervisors will also be considering an almost

identical resolution at their meeting this evening. He then stated that if the

resolutions are adopted, each locality would contact its Delegate and Senator to

request that they serve as patrons of the legislation. He advised that DCR provided an

overview of what the designation does not do and reviewed those items noting that the

designation does not give the State control over land use, it does not carry any land

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use controls, and it does not give the public any right to use privately owned land. He

stated that the resolution before the Board was very mindful of the Board’s desire that

commercial and recreational activities were protected and that property rights were

respected.

Mr. Meyer proposed modifying the language in the resolution to read that the

designation will not apply additional constraints or limitations on its citizens.

Mr. Wanner proposed adding “on its citizens or on the use of the river for its

citizens” to add Mr. Meyer’s language to the resolution.

Mr. James stated that he had a problem with people outside of the County

telling us what we can do with our river.

Mr. Wanner noted that the Board will have the ability to appoint a citizen on the

advisory committee.

Mr. Orth stated that he has watched the York River change over the last 45

years. He noted that the river is used by so many different people. He stated that the

waterways are Gloucester’s greatest asset and this would draw people to come to

Gloucester. He noted that he thinks this will put Gloucester in the spotlight and he

thinks it is a good move.

Mr. Orth moved, seconded by Mr. Meyer, to approve the resolution as amended.

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

Meyer, Mr. Bazzani, Mr. Hutson, Mr. Orth – yes and Mr. James, Mr. Winebarger - No.

RESOLUTION OF SUPPORT FOR YORK RIVER HISTORIC AND SCENIC

RIVER DESIGNATION

WHEREAS, the Virginia Scenic Rivers program was enacted by the Virginia general Assembly in 1970 for the purpose of identification, and preservation of certain rivers or sections of rivers which possess significant historic attributes and high

quality natural beauty; and

WHEREAS, the Department of Conservation and Recreation has been charged

with administering the Scenic Rivers Program and developing an objective evaluation process to judge the suitability of river segments; and

WHEREAS, County representatives and citizens of the County joined staff from

the Virginia Department of Conservation and Recreation to visit the York River and

evaluate its eligibility for historic and scenic designation; and

WHEREAS, the Virginia Department of Conservation and Recreation completed its evaluation and declared that 20 miles of the York River from the York/James City County line on the south side of the river and from Allmondsville in Gloucester County

on the north side of the river to its confluence with the Chesapeake Bay was found to qualify as a Virginia Scenic River with many historic attributes, and

WHEREAS, the Virginia Board of Conservation and Recreation supported the endorsement for designation as a scenic river that portion of the York River; and

WHEREAS, an advisory committee composed of representatives from the

Counties bordering the scenic river section, the Watermen’s Museum, the Virginia

Institute of Marine Sciences, the Yorktown Naval Weapons Station, The Yorktown Coast Guard Base, and the Virginia Waterman’s Association will be formed to advise

the Counties and the Department of Conservation and Recreation on matters pertaining to the scenic river section; and

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WHEREAS, the York River Historic and Scenic designation will not impede

recreational or commercial boating, fishing and aquaculture, or apply additional constraints or limitations on its citizens or the use of the river for its citizens; and

NOW, THEREFORE, BE IT RESOLVED that the Gloucester County Board of Supervisors does hereby support the designation of the York River from the

York/James City County line on the south side of the river and from Allmondsville in Gloucester County on the north side of the river to its confluence with the Chesapeake Bay as a Virginia Historic and Scenic River.

FURTHER BE IT RESOLVED that the Counties of Gloucester and York will

work with the General Assembly Representatives to request that they serve as patrons for the legislation that will codify the Historic and Scenic designation.

B. Board Appointments

BOARD OF SOCIAL SERVICES

No appointment was made to fill this vacancy at this time.

CLEAN COMMUNITY COMMITTEE

Mr. Bazzani moved, seconded by Mr. Orth, to reappoint Mr. Keller and Mr. Yost

to the Clean Community Committee. The motion carried and was approved by the

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

Mr. Orth, and Mr. Winebarger – yes.

CLEAN COMMUNITY COMMITTEE

WHEREAS, the Gloucester County Board of Supervisors has created the Clean Community Committee to address issues of beautification of the County, as well as litter control; and

WHEREAS, the Gloucester County Board of Supervisors has learned that

appointments are needed to this Committee; and

WHEREAS, the Gloucester County Board of Supervisors is now ready to make

these appointments.

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

Supervisors that the following individuals be hereby reappointed to the Gloucester County Clean Community Committee for a term that shall expire December 31, 2017.

William Keller William Yost 8093 Founders Mill Way 2066 Sarah’s Cove Drive

Gloucester, VA 23061 Hayes, VA 23072

ECONOMIC DEVELOPMENT AUTHORITY

Mr. Winebarger moved, seconded by Mr. Orth, to appoint Mr. Mason 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.

ECONOMIC DEVELOPMENT AUTHORITY

WHEREAS, the Gloucester County Board of Supervisors has created an Economic Development Authority to facilitate the orderly development of business in our community; and

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WHEREAS, the Gloucester County Board of Supervisors must, from time to time, appoint qualified individuals to serve on the Authority; and

WHEREAS, the Gloucester County Board of Supervisors has learned that an appointment to the Authority is needed.

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

Supervisors that the following individual be hereby appointed to the Gloucester County Economic Development Authority to fill an unexpired term that shall begin immediately and shall expire on December 31, 2018.

James L. Mason

P.O. Box 370 Dutton, VA 23050

GO GREEN GLOUCESTER ADVISORY COMMITTEE

Mr. James moved, seconded by Mr. Hutson, to reappoint Mr. Blanks, Ms.

Bunting, Mr. Guinn and Mr. Hershner to the Go Green Gloucester 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.

GO GREEN GLOUCESTER ADVISORY COMMITTEE

WHEREAS, the Gloucester County Board of Supervisors has created the Go

Green Gloucester Advisory Committee to determine, research, analyze and propose

methods for Gloucester County to promote and implement “green” technology within the County; and

WHEREAS, the Gloucester County Board of Supervisors is the appointing authority for said Committee; and

WHEREAS, the Gloucester County Board of Supervisors has learned that

appointments are needed to this Committee.

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

Supervisors that the following individuals be hereby reappointed to the Go Green

Gloucester Advisory Committee for a terms which shall begin on January 1, 2016, and expire December 31, 2017.

Todd Blanks Rosanne Bunting Daniel Guinn VA Power Rep. Realtor/Devel. Rep Citizen Rep.

6104 Fiddlers Green Rd P.O. Box 797 11063 Piankatank Dr Gloucester, VA 23061 Gloucester, VA 23061 Gloucester, VA 23061

Carl Hershner Local Business Rep.

P.O. Box 631 Gloucester Point, VA 23062

HISTORICAL COMMITTEE

Mr. Meyer moved, seconded by Mr. Hutson, to reappoint Ms. Brabrand, Ms.

Burnette, Ms. Dyal, Mr. Harpole, Mr. Lawrence, Mr. Weaver, and Dr. Wilson to the

Historical 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.

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HISTORICAL COMMITTEE

WHEREAS, the Gloucester County Board of Supervisors has previously appointed an Historical Committee to advise the Board concerning matters of historical importance in our community; and

WHEREAS, the Gloucester County Board of Supervisors is the appointing

authority for said committee; and

WHEREAS, the Gloucester County Board of Supervisors has learned that

appointments are needed to this Committee; and

WHEREAS, the Gloucester County Board of Supervisors is now ready to make these appointments.

NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of Supervisors that the following individuals are hereby reappointed to the Gloucester County Historical Committee for terms which shall expire December 31, 2018.

Judy Brabrand Anne Dyal Rachael Burnette

6798 Cedar Lake Drive 8374 Kitchener Dr. 10839 Geo. Washington Mem. Hwy Gloucester, VA 23061 Gloucester, VA 23061 Gloucester, VA 23061

Thane Harpole William Lawrence William Weaver, Jr. 2668 Kings Creek Rd 6655 L’s Island Ln 5168 Weaver Lane

Hayes, VA 23072 Gloucester, VA 23061 Gloucester, VA 23061 Wesley Wilson

3350 Spinnaker Way Gloucester, VA 23061

LOCAL EMERGENCY PLANNING COMMITTEE

Mr. Orth moved, seconded by Mr. Hutson, to recommend Mr. Drummond for

reappointment to the Local Emergency Planning 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.

LOCAL EMERGENCY PLANNING COMMITTEE/CITIZEN CORPS COUNCIL (LEPC/CCC)

WHEREAS, the Virginia Emergency Response Council is responsible for

maintaining an active and current Local Emergency Planning Committee membership list for state liability coverage; and

WHEREAS, the Gloucester County Local Emergency Planning Committee and the Gloucester Citizen Corps Council have been consolidated; and

WHEREAS, the Gloucester County Board of Supervisors is the nominating authority for membership on the Gloucester County Local Emergency Planning

Committee and the Gloucester Citizen Corps Council. NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of

Supervisors that the following individual be hereby recommended for reappointment on the Gloucester County Local Emergency Planning Committee/Gloucester Citizen Corps Council to represent Gloucester County in the capacity as indicated for a term

that shall expire on December 31, 2017.

Bart Drummond Citizen Representative

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P.O. Box 1197 Gloucester Point, VA 23062

UTILITIES ADVISORY BOARD

No appointment was made to fill this vacancy at this time.

IX. County Administrator Items

Mr. Wanner advised that the Parks, Recreation and Tourism Department has

been conducting a needs assessment survey. He noted that certain citizens of

Gloucester will be receiving a needs survey in the mail in January. He stated it was

important for citizens to respond as it will let the Board know what the citizens think

we need as a County as far as Parks and Recreation programming. He encouraged

those who receive the survey to respond. He stated the survey is to help with decision

making by the Board. In response to a question, he indicated that a series of seven

focus groups had been held and the survey is still to be conducted. He noted that they

will likely receive results sometime in March.

Mr. Bazzani asked how they will ensure a random sampling of citizens for the

survey.

Ms. Steele, Director of Parks, Recreation and Tourism, stated that the

consultant will ensure a random selection of citizens to receive the survey. She noted

that the consultant is required by the RFP (Request for Proposals) to have a good

representation of the County’s population.

X. County Attorney Items

Mr. Wilmot noted that at the last meeting the Board had asked for information

on the regulations for open burning and on the right to fly the American Flag. He

stated that the Board had received information from his office including a one page

summary with the highlights of the regulations regarding open or outside burning. He

commended his assistant, Ms. Duncan-Northstein for her work in preparing that

summary.

Mr. Wilmot stated that the Board had also received a memo from his office

reporting that everyone has the right to fly the Flag.

XI. Boards and Commissions Reports There were no Boards and Commissions reports.

XII. Matters Presented by the Board

Mr. Chriscoe stated that the Board was closing in on an announcement about

the next Administrator. He asked the Board members to provide him with dates that

will work for them if a special meeting needs to be scheduled.

XIII. Public Hearings (none scheduled)

There were no public hearings scheduled.

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XIV. Closed Meeting This item was removed from the agenda.

XV. Adjournment

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

the meeting was adjourned at 7:53 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

________________________________________ Sanford B. Wanner Interim County Administrator