gloucester county board of supervisors … · at a regular meeting of the gloucester county board...

I. Call To Order & Roll Call

II. Invocation & Pledge of Allegiance – Reverend Bud Goude – Gloucester Point Baptist Church

III. Approval of the Minutes – March 17, 2009, March 19, 2009 and March 26, 2009.

IV. Adoption of the Agenda

V. Consent Agenda Approval…pages 3-33 A. Resolution of Appreciation Marion L. King Jr. – Nickie Champion –

Director of Finance…page 3 B. Proclamation - “Paint the Town Purple” Week for Relay for Life on

Behalf of the American Cancer Society – Linda Grow…page 4 C. Proclamation – National Safe Boating Week – Ralph Johnson…page

5 D. Resolution Accepting the Formation of the Ad Hoc Committee for

Hunting – Chair Ressler…page 6 E. Resolution Appointing Members to the Ad Hoc Committee for

Hunting in Gloucester County – Chair Ressler…pages 7-8 F. Resolution Authorizing Adoption of an Identity Theft Prevention

Program Policy (Red Flag Rules) – Nickie Champion – Director of Finance…pages 9-13

G. Proclamation – Municipal Clerks Week…page 14 H. Proclamation – National County Government Week –“Greening Our

Future”…page 15 I. Resolution to Approve a Consulting Contract with Hentz

Engineering, Inc. for Roof Replacement of the Department of Information Technology Building and Authorizing the County Administrator to Execute the Contract – Garrey Curry – Director of Public Works…pages 16-33

VI. Scheduled Presentations (none)

VII. Citizens’ Comment Period

GLOUCESTER COUNTY BOARD OF SUPERVISORS AGENDA

Tuesday, April 7, 2009 7:00 p.m.

Colonial Courthouse 6504 Main Street

VIII. Regular Agenda…pages 34-64 A. Citizen Request to Formally Name Cedar Bush Landing to Oliver

Landing – Donald Oliver Dowling…pages 34-41 B. Discussion on Providence Road Sewer Line Extension - Martin

Schlesinger – Director of Utilities…pages 42-44 C. Financial Report – Nickie Champion – Director of Finance…pages

45-54 D. Real Estate Assessment Department Report – Reese Milligan –

County Assessor…pages 55-57 E. Board Appointments…pages 58-64

IX. County Administrator Comments

X. County Attorney Items

XI. Boards and Commissions Reports

XII. Matters Presented by the Board

XIII. Public Hearing (8:00 p.m.)…pages 65-86 A. Hazard Mitigation Open Space Management Plan – Michael Dodson – FEMA Flood Mitigation Coordinator…pages 65-77 B. Connection Fees Ordinance Amendment Chapter 19 – “Water, Sewers and Sewage”, “Article IV”, “County Sewer System”, “Division 2”, “Sewers and Sewage Disposal”, “Section 19-50 – Application for Service; Requirements” and “Article V”, “County Water System”, “Division 2”, “Water Service” “Section 19-125 – Persons and Firms Required to Apply for Connection to Public Water Supply” of the Gloucester County Code – Martin Schlesinger – Director of Public Utilities…pages 78-86

XIV. Closed Meeting…pages 87-88

XV. Adjournment

At a regular meeting of the Gloucester County Board of Supervisors held on Tuesday, April 7, 2009, 7:00 p.m. in the Board Room in the Colonial Courthouse, 6504 Main Street, Gloucester, Virginia: On a motion duly made by __________________, and seconded by ______________ the following Resolution was adopted by the following vote: Charles R. Allen, Jr., _____; Teresa L. Altemus, _____; Robert A. Crewe, _____; Michelle R. Ressler, _____; Christian D. Rilee, _____; Louise D. Theberge, _____; Gregory Woodard, ______;

RESOLUTION OF APPRECIATION MARION L. KING, JR. WHEREAS, the Gloucester County Board of Supervisors has learned that Marion L. King, Jr., has retired from his position as Director of Central Purchasing for Gloucester County and the Gloucester County Public Schools System effective March 31, 2009; and WHEREAS, the Gloucester County Board of Supervisors wishes to publicly express its appreciation to Mr. King for his twenty years of service to this local government and the Gloucester Community; and WHEREAS, during his time here, Mr. King always applied the principles of the Virginia Public Procurement Act fairly to all, and WHEREAS, Mr. King worked hard to ensure that Gloucester County and the Gloucester County Public Schools System obtained high quality goods and services at reasonable costs, that all procurement procedures were conducted in a fair and impartial manner with avoidance of any impropriety or appearance of impropriety, and that procurement procedures involved openness and administrative efficiency; and WHEREAS, as Gloucester County’s first Director of Central Purchasing, Mr. King has established a positive and professional reputation for the Central Purchasing Office on which Gloucester County and the Gloucester County Public Schools System can build in the future. NOW, THEREFORE BE IT RESOLVED by the Gloucester County Board of Supervisors that Marion L. King, Jr., former Director of Central Purchasing, is hereby thanked for his dedicated public service to the citizens of Gloucester County; and FURTHER BE IT RESOLVED by the Gloucester County Board of Supervisors that this Resolution be publicly presented to Marion L. King, Jr. and spread upon the minutes of this Board an expression of the high esteem in which he is held in our community.

A Copy Teste:

_________________________________________ Brenda G. Garton, County Administrator

AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, APRIL 7, 2009, AT 7:00 P.M., IN THE BOARD ROOM IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY ______________, AND SECONDED BY ________________, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE: Charles R. Allen, Jr., ____; Teresa L. Altemus, ____; Robert A. Crewe, ____;

Michelle R. Ressler, ____; Christian D. Rilee, ____; Louise D. Theberge, ____; Gregory Woodard, ____;

RELAY FOR LIFE’S

“PAINT THE TOWN PURPLE” WEEK JUNE 1, 2009 – JUNE 7, 2009

WHEREAS, cancer is not a single disease, but actually represents more than 100 distinct diseases characterized by uncontrolled growth and spread of abnormal cells which, if not controlled, can result in death; and WHEREAS, cancer is the leading cause of death for people under age 65 in Virginia; and WHEREAS, between 2001 and 2005, over 154,000 cases of cancer were diagnosed in Virginia, and over 67,000 people in Virginia died from cancer; and WHEREAS, in Virginia, an estimated 35,590 new cases of cancer will be diagnosed, and 13,990 deaths will occur; and WHEREAS, in 2006, there were 25,911 hospitalizations due to cancer (as a primary diagnosis) in Virginia, at a cost of nearly $939 million; and WHEREAS, the American Cancer Society is a voluntary community based health organization dedicated to eliminating cancer as a major health problem; and WHEREAS, the Relay for Life is a “Celebration of Life” benefiting the American Cancer Society; and WHEREAS, the American Cancer Society will “Paint the Town Purple” in celebration of its annual Relay for Life event. NOW, THEREFORE BE IT RESOLVED: By the Gloucester County Board of Supervisors that the week of June 1 – 7, 2009 is hereby proclaimed “Paint the Town Purple” week in Gloucester County, Virginia, and encourage all citizens to recognize and participate in the relay events held in our community. A Copy Teste: ______________________________ Brenda G. Garton, County Administrator

AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, APRIL 7, 2009, AT 7:00 P.M., IN THE BOARD ROOM IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY _________________, AND SECONDED BY ___________________, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:

Charles R. Allen, Jr., ____; Teresa L. Altemus, ____; Robert A. Crewe, ____;


NATIONAL SAFE BOATING WEEK

MAY 16 – 22, 2009 Whereas, recreational boating is fun and enjoyable, and we are fortunate here in Gloucester County to have sufficient resources to accommodate the wide variety of pleasure boating demands. However, our waterways can become crowded at times and a place of chaos and confusion; and Whereas, while being a marvelous source of recreation, boating, to the unprepared, can be risky sport. Not knowing or obeying the Navigation Rules or the nautical “Rules of the Road,” can be dangerous. Drinking alcohol, taking drugs, or choosing not to wear your life jacket while operating a boat is clearly NOT the smart thing to do; and Whereas, statistics show that: on average, 700 people die each year in boating-related accidents in the U.S.; nearly 70% of these are fatalities caused by drowning; 80% of boaters who lost their lives by drowning could have lived if they had worn their life jacket; and Whereas, modern life jackets are more comfortable, more attractive, and more wearable than styles of years past and deserve a fresh look by today’s boating public. Therefore, the Gloucester County Board of Supervisors hereby supports the goals of the North American Safe Boating Campaign (Boat Smart. Boat Safe. and Wear it.) and proclaims May 16-22, 2009, as National Safe Boating Week and the start of the year-round effort to promote safe boating. In Witness thereof, the Gloucester County Board of Supervisors urge all citizens who participate in water-related sports and activities to practice safe boating habits.

A Copy Teste: ____________________________ Brenda G. Garton, County Administrator

AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, APRIL 7, 2009, AT 7:00 P.M., IN THE BOARD ROOM IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY ______________, AND SECONDED BY ________________, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:

Charles R. Allen, Jr., ____; Teresa L. Altemus, ____; Robert A. Crewe, ____; Michelle R. Ressler, ____; Christian D. Rilee, ____; Louise D. Theberge, ____; Gregory Woodard, ____;

AD HOC COMMITTEE FOR PRESERVING HUNTING

WHEREAS, the Gloucester County Board of Supervisors has previously, through majority consent, tasked the Chairperson, Supervisor Michelle Ressler, with the duty of forming an Ad Hoc Committee whose purpose is to discuss and make recommendations concerning the preservation of hunting, in Gloucester County, while maintaining the safety of individuals and their personal property rights; and WHEREAS, Chairperson Ressler has presented the Board of Supervisors with her decisions in forming this committee, NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of Supervisors that the Ad Hoc Committee for Preserving Hunting in Gloucester County is now accepted for a term that shall expire on July 7, 2009 unless the Committee unanimously requests an extension. A Copy Teste: _________________________________________ Brenda G. Garton, County Administrator



AD HOC COMMITTEE FOR HUNTING

IN GLOUCESTER COUNTY WHEREAS, the Gloucester County Board of Supervisors has appointed an Ad Hoc Committee to discuss and make recommendations on how to preserve hunting in Gloucester County while maintaining the safety and personal property rights of individuals; and WHEREAS, appointments are needed to form the Ad Hoc Committee for Hunting in Gloucester County and the Gloucester County Board of Supervisors is prepared to make these eight (8) appointments. NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of Supervisors that the following individuals are hereby appointed to the Ad Hoc Committee for Hunting in Gloucester County for a term that shall expire on July 7, 2009 unless the Committee unanimously requests an extension. Board Member/Chairman: Charles R. Allen, Jr.

9571 Laurelwood Lane Gloucester, VA 23061 804.694.5338

Animal Control Officer: Carl Shipley, Chief Animal Control Officer

P. O. Box 329 Gloucester, VA 23061 804.693.5290

Sheriff’s Deputy: David Shields,

Gloucester County Sheriff’s Department P. O. Box 25 Dutton, VA 23050 804.815.7542 (cell) 804.693.3890 (work)

Hunt Club Members/ Active Hunters: C. W. Miller

11589 Harcum Road Gloucester, VA 23061

804.693.3299

Randy Orga 8221 Little England Road Hayes, VA 23072

804.642.1510

Constituents: Dennis D. Emerson 3265 Ginny Hill Road Gloucester, VA 23061

804.693.3414

William S. Dodson, Jr. 4639 Clay Bank Road Gloucester, VA 23061

757.676.7950

County Attorney: Ted Wilmot, County Attorney P. O. Box 1309

Gloucester, VA 23061 804.693.5575

Although not a member of the Ad Hoc Committee for Hunting in Gloucester County, the following people will be assisting the committee in an advisory capacity only:

Virginia Department of Game and Inland Fisheries: Tim Worrell (Advisory Capacity Only) 3801 John Tyler Memorial Hwy Charles City, VA 23030 804.829.6580 (work) 804.829.6580 (cell) email: [email protected] A Copy Teste: _________________________________________ Brenda G. Garton, County Administrator

mailto:[email protected]�

At a regular meeting of the Gloucester County Board of Supervisors held on Tuesday, April 7, 2009, 7:00 p.m. in the Board Room in the Colonial Courthouse, 6504 Main Street, Gloucester, Virginia: On a motion duly made by __________________, and seconded by ______________ the following Resolution was adopted by the following vote: Charles R. Allen, Jr., _____; Teresa L. Altemus, _____; Robert A. Crewe, _____; Michelle R. Ressler, _____; Christian D. Rilee, _____; Louise D. Theberge, _____; Gregory Woodard, ______;

A RESOLUTION TO AUTHORIZE THE ADOPTION OF AN IDENTITY THEFT PREVENTION PROGRAM

WHEREAS, The Fair and Accurate Credit Transactions Act of 2003, an amendment to the Fair Credit Reporting Act, requires rules regarding identify theft protection to be promulgated; and WHEREAS, The Gloucester County Board of Supervisors recognizes the significant importance for identifying potential instances of identity theft and for providing appropriate responses; and WHEREAS, The Gloucester County Board of Supervisors recognizes that a policy is needed to implement an identity theft program, and to that end, administrative regulations and guidelines applicable to identity theft should be issued by the County Administrator. NOW, THEREFORE BE IT RESOLVED by the Gloucester County Board of Supervisors that the County Administrator is authorized to implement Policies and Procedures for the Detection and Prevention of Identity Theft.

A Copy Teste:

_________________________________________ Brenda G. Garton, County Administrator

County of Gloucester Finance Department

6467 Main Street Gloucester, Virginia 23061 (804)693-6927

Interoffice Memorandum To: Brenda G. Garton, County Administrator Edwin N. Wilmot, County Attorney From: Nickie C. Champion, Director of Financial Services Martin M. Schlesinger, Director of Public Utilities CC: Tara L. Thomas, Treasurer George D. Bains, Director of Information Technology James A. Francis, Utilities Supervisor David A. Scales, Accounting Manager Date: March 19, 2009 Re: Identity Theft Prevention Program (FTC Red Flag Rules) New regulations, promulgated by the federal government regarding identity theft policies, require that creditors have a written identity theft policy in place by May 1, 2009. Utility providers are creditors under the regulations. Since the County sells water to customers as a utility service, it falls under the regulations and is required to have such a policy. The regulation includes specific guidelines regarding identifying “red flags” that an identity has been stolen and provides elements which must be included in a policy. These elements include:

1. Identification of red flags (as shown in the attached policies and procedures) applicable to the County’s circumstances that may indicate actual identity theft, or a risk of identity theft.

2. Provide mechanisms for the detection of these red flags. 3. Provide mechanisms for responding to the red flags. 4. Provide mechanisms for periodically updating the written policy.

Under the regulations, the County is responsible for verifying that its Public Utilities Department has written policies as required by the regulations to detect red flags and how to address them. The attached policies and procedures meet the requirements as they currently exist. These policies and procedures will have to be periodically updated as circumstances, regulations, and technology changes. The program must have oversight by a senior member of management, and it is our recommendation that the Director of Public Utilities provide this oversight. The regulations also require that the need for these policies and procedures be approved by a board of directors or its equivalent, which in this case is the Board of Supervisors. I have attached a resolution, which I respectfully request be approved by the Board of Supervisors at their April 7, 2009 meeting.

County of Gloucester Administrative Policy

Subject Identify Theft Prevention Program Policy Number AP-02-09 Original Effective Date Revision Date Historical Reference

POLICIES AND PROCEDURES FOR THE DETECTION AND

PREVENTION OF IDENTITY THEFT Purpose

: The Fair and Accurate Credit Transactions Act of 2003, 15 U.S. C. 1681 et seq. requires lenders and other creditors to adopt written procedures for identifying potential instances of identity theft, and provide appropriate responses thereto. In November 2007, The Department of the Treasury issued regulations detailing the specific requirements of the Act. The definition of “Creditor” under the Act includes utility providers. Therefore, Gloucester County establishes the following policies and procedures for identifying and responding to instances of potential identity theft.

Policy

: Gloucester County will monitor its utility accounts for red flags of identity theft, and will respond to any red flags which alert County staff to potential instances of identity theft.

Administration

: The policy shall be administered by the Public Utilities Director as directed by and under the supervision of the County Administrator. Public Utilities Department staff will implement the policy on a day to day basis, and will alert the Director of Public Utilities to any red flags identified, and will suggest policy modifications as needed. The Director of Public Utilities may appoint a member of the Public Utilities Department staff as the responsible staff member to handle red flags if they arise.

Updates and Training

: This policy shall be reviewed annually by the Director of Public Utilities, and any modifications due to changes or improvements in technology or changing tactics of those engaging in identity theft, or any other changing circumstances will be incorporated into the administration of the program as necessary. Staff involved with daily implementation of this policy shall meet with the Director of Public Utilities once annually to discuss the policy, any changes in the policy, and pursue training as deemed necessary by the Director of Public Utilities.

Red Flags

: Public Utilities Department staff will monitor all new and existing utility accounts for the following red flags of possible identity theft:

1. Any kind of fraud activity alert received by the County. 2. Documents provided for identification that appear to have been altered or forged. 3. The photograph or physical description on the identification is not consistent with the

appearance of the applicant or customer presenting the identification.

4. Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification.

5. Other information on the identification is not consistent with readily accessible information that is on file with the County, such as a recent check.

6. Personal identifying information provided is not consistent with any other personal identifying information that is on file with the County.

7. Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer.

8. Personal identifying information provided is inconsistent when compared against external information sources used by the County. For example, the address provided does not match the address in the customer’s account.

9. Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third party sources used by the County. For example, the address on the application is the same as on the address provided on a fraudulent application or the phone number on an application is the same as the number provided on a fraudulent application.

10. Personal identifying information provided is of a type commonly associated with fraudulent activity as indicated by internal or third party sources used by the County. For example, the address on an application is fictitious, a mail drop, or a prison, or the phone number is invalid, or is associated with a pager or answering service.

11. An application appears to have been altered or forged, or gives the appearance of having been destroyed and reassembled.

12. The address or telephone number provided is the same as or similar to the account number or telephone number submitted by an unusually large number of other persons opening accounts or other customers.

13. The person opening the covered account or the customer fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete.

14. A covered account is used in a manner that is not consistent with established patterns or activity on the account. There is, for example, nonpayment when there is no history of late or missed payments.

15. A covered account that has been inactive for a lengthy period of time is used. 16. Mail sent to the customer is returned repeatedly as undeliverable although

transactions continue to be conducted in connection with the customer’s covered account.

17. The County is notified that the customer is not receiving paper account statements. 18. The County is notified of unauthorized charges or transactions in connection with a

customer’s covered account. 19. The County is notified by a customer, a victim of identity theft, a law enforcement

authority, or any other person that the County has opened a fraudulent account for a person engaged in identity theft.

Responses

: If a member of the Public Utilities Department staff notes a red flag on a customer’s account, the staff member will notify the responsible staff member, who will take the following actions:

1. Attempt to contact the customer to verify the transaction and contact information. 2. If an account appears to be compromised, the account will be frozen or closed and a

new account opened with the verified customer information, if applicable. 3. Not open a new account if the information provided for the account includes red

flags.

4. Notify the Director of Public Utilities of the problem. 5. The Director of Public Utilities will notify the Sheriff’s Department, if appropriate.

Credit Cards or other financial service provider

: The County accepts Visa, MasterCard, American Express, and Discover as a form of payment for utility charges. Annually, the Director of Public Utilities, or his designee, will confirm, in writing, that the financial institution with which the County has established its Merchant Account, has promulgated and is maintaining a written policy for the detection and prevention of identity theft. All future contracts with financial institutions, or other financial service providers, involving County utility accounts shall include a requirement that the contracting financial institution or other financial service provider, establish and at all times maintain policies complying with federal regulations regarding the detection and prevention of identity theft.

Oversight

: The Director of Public Utilities must approve any material change to these policies and procedures, and the director will prepare an annual report evaluating the policies and their implementation. The annual report will be provided to the County Administrator no later than June 30th of each year.

The report will address any material issues with the policies, will evaluate issues such as the effectiveness of the policies in addressing the risk of identity theft in connection to opening covered accounts and maintaining existing accounts, any service provider arrangements made, including confirmation that the financial institution with which the County has established its merchant account has appropriate and equivalent policies in place, note any significant instances involving identity theft and the County response to them, and make recommendations, if any, for material change(s) in the program. Updating the Policies and Procedures

: These policies and procedures can be updated periodically to reflect changes in risks to customers or to the safety and soundness of the Department of Public Utilities and Gloucester County.

AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, APRIL 7, 2009, AT 7:00 P.M., IN THE BOARD ROOM IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY___________, AND SECONDED BY___________, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:

Charles R. Allen, Jr., ___; Teresa L. Altemus, ___; Robert A. Crewe, ____;

Michelle R. Ressler, ___; Christian D. Rilee, ___;

Louise D. Theberge, ___; Gregory Woodard; ___;

MUNICIPAL CLERKS WEEK

MAY 3 – 9, 2009

Whereas, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and

Whereas, the Office of the Municipal Clerk is the oldest among public servants; and

Whereas, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and

Whereas, Municipal Clerks have pledged to be ever mindful of the neutrality and impartiality, rendering equal service to all; and

Whereas, the Municipal Clerk serves as the information center on functions of local government and community; and

Whereas, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, country and international professional Organizations; and

Whereas, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk.

Now, Therefore I, Michelle R. Ressler, Chair and on behalf of the Gloucester County Board of

Supervisors, do hereby proclaim the week of May 3 through May 9, 2009, as Municipal Clerks Week, and further extend appreciation to our Municipal Clerks, Dale Burrell and Dawn Hobgood, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. A Copy Teste: ___________________ Brenda G. Garton County Administrator

AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, APRIL 7, 2009, AT 7:00 P.M., IN THE BOARD ROOM IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY___________, AND SECONDED BY___________, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:

Charles R. Allen, Jr., ___; Teresa L. Altemus, ___; Robert A. Crewe, ____;

Michelle R. Ressler, ___; Christian D. Rilee, ___;

Louise D. Theberge, ___; Gregory Woodard; ___;

NATIONAL COUNTY GOVERNMENT WEEK

MAY 3 – 9, 2009 “GREENING OUR FUTURE”

Whereas, the nation’s 3,068 counties provide a variety of essential public services to communities

serving 300 million Americans; and

Whereas, Gloucester County and all counties take seriously their responsibility to protect and enhance the health, welfare and safety of its residents in sensible and cost-effective ways; and

Whereas, many county initiatives and programs involve the protection of valuable and vulnerable environmental resources in communities; and

Whereas, the National Association of Counties is the only national organization that represents county government in the United States; and

Whereas, the National Association of Counties created National County Government Week in 1991 to raise public awareness and understanding about the roles and responsibilities of the nation’s counties to meet the needs of the community; and

Whereas, NACo and Gloucester County are working together to Restore the Partnership between all levels of government to better serve American communities.

Now, Therefore I, Michelle R. Ressler, Chair and on behalf of the Gloucester County Board of

Supervisors, do hereby proclaim the week of May 3 through May 9, 2009, as National County Government Week.

A Copy Teste: ___________________ Brenda G. Garton County Administrator

AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, APRIL 7, 2009, AT 7:00 P.M., IN THE BOARD ROOM IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY _______________________ AND SECONDED BY ______________________, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE: Charles R. Allen, Jr., ____; Teresa L. Altemus, ____; Robert A. Crewe, ____; Michelle R. Ressler, ____; Christian D. Rilee, ____; Louise D. Theberge, ____; Gregory Woodard, ____;

AUTHORIZATION FOR ROOF REPLACEMENT AT 6382 MAIN STREET WHEREAS, the Gloucester County Board of Supervisors recognizes the immediate need to replace the roof on its Department of Information Technology building which houses the County computer center’s critical electronic components and network equipment that enable Citizens to have Internet access to their local government and all County departments to carry out their functions; and WHEREAS, the Gloucester County Board of Supervisors desires to proceed with immediate replacement of the roof on this building in order to prevent further damage to the structure itself as well as to prevent future harm to the computer center equipment. NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of Supervisors that the County Administrator is hereby empowered and fully authorized to execute on behalf of the County all documents required in conjunction with replacement of the roof at the Department of Information Technology Building, 6382 Main Street.

A Copy Teste:

__________________________ Brenda G. Garton

County Administrator

BUILDINGS & GnOUTOS(804) 693-5250

To:

From:

DepRRTMENT Or PuBLrc WonrsP.O. Box 329

Gloucester, Virginia 23061

Birkhofer Building65'l 5 Main Street

MEMORANDUM

EruCI¡I EERING(804) 693-s480

Brenda Garton, County Administrator

Garrey Curry, Director of Public Works

Date: March 31.2009

Subject: April T BOS meeting: DIT Roof Replacement Work

The attached Contract for Consulting Services to be awarded to Hentz Engineering, Inc.,is provided in three counterparts for your signature. I am also attaching a draft resolution that iscurrently under review by the County Attorney which serves to provide you with clear signatoryauthority to "execute on behalf of the County all documents required in conjunction withreplacement of the roof at the Department of Information Technology Building, 6382 MainStreet."

Funds have already been appropriated for this roof work during the current fiscal year,

but have been "frozen" up to this point in time. The Consulting Services Agreement requires an

expenditure of $6,965. In an effort to get an estimate of potential cost, we solicited a singlequote from a regional roofer to perform the roof replacement work. Their quote of $60,000 was

without the benefit of detailed design drawings or an open bid environment and should only beused as an approximation of cost. I am hopeful that a competitive bidding environment willresult in a lower cost to the County.

Awarding the design phase for this important project now may allow construction workto be bid out and completed by June 30m. If construction is not completed by the end of June,

some funding may need to be re-appropriated to the following fiscal year. The following steps

are required to complete the roof replacement project, each of which would be authorized by theresolution provided if it is passed by the Board of Supervisors:

o County Administrator executes the Consulting Services Agreement with HentzEngineering, Inc. though which a roof design and Invitation For Bids (IFB) will beprepared,

o Invitation for Bids is advertised in local press and local qualified roofers are notified,

o County Administrator Awards bid to lowest responsible and responsive bidder,

o County Administrator executes construction contract, and;

o Contractor is provided with their Notice to Proceed upon receipt of acceptable insurancedocumentation.

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From: Marty Ross [[email protected]]Sent: Thursday, March 26, 2009 11:04 AMTo: Garton, BrendaCc: Donald Dowling; Steele, Carol; Bains, George; Wilmot, Edwin (Ted); Hobgood, DawnSubject: Oliver Landing on Cedar Bush Road Thursday 26 March 2009 Dear Ms. Garton: I am writing in support of the effort by my neighbor, Donald Dowling, to have the public landing at the end of Cedar Bush Road be known, officially and forevermore, as Oliver Landing. I would like the Gloucester County Board of Supervisors to change its County Ordinance Section 13.5-15 and all other references to this landing to “Oliver Landing”. As you said in a message to my neighbor, the Board’s Rules of Procedure state that any citizen who outlines his or her request in writing and submits it to the County Administrator by the deadline may be placed on the Board’s agenda. My husband and I are part-time residents of Gloucester County, at present, and we will not be in town for the meeting, but I hope my message of support can be presented as part of the support package for this official designation. I have been talking with Gloucester's Parks, Recreation, and Tourism Director, Carol Steele, about this for some time, and this text, below, in blue, is the relevant section from a message I sent to her last year. This text explains why I would like the Board to change its County Ordinance Section 13.5-15 and all other references to this landing to “Oliver Landing”. Friday 18 April 2008 Hello Carol: Thank you for your time on the phone this afternoon. The public landing down at the end of Cedar Bush Road is an important part of our lives, and, as I said to Lewis Lawrence when I talked with him recently, the old names mean a lot in Gloucester County. They are part of our cultural history, and I don't want to lose them. There are still many Olivers, and descendants of Olivers, along Cedar Bush Road, including my neighbor, Donald Oliver Dowling. My husband, Daniel Hopkins, and I bought our house on Miss Minnie's Lane in 2002. We expect to move to Gloucester full time within the next few years, and we hope to live there forever. We have learned a lot about the history of our area from Don Dowling and from our other neighbors. Our home was built by Claude Sutton and his wife (who was an Oliver), and was bought from them by Frank Oliver and his wife Minnie Lee Emerson Oliver Riley. Until very modern times, all the property down in our area (which is also known as Coke) was owned by Olivers or their descendants. I just want to make my pitch for the name of the landing at the end of the road to be known forevermore as Oliver Landing -- not Cedar Bush Landing or Oliver's Landing (which would be a typo based on a misconception -- Oliver is a surname). I know the names of things sometimes change with the times, but they don't have to, and as maps and other published sources start to change the name, people adopt the change. That is why I am concerned that Gloucester County's website map of public boat landings lists our landing as "Cedar Bush" landing, and why I hope that as you all move forward with your work on access points in the Middle Peninsula, the name Oliver Landing will become the preferred name for this landing, and will replace Cedar Bush landing in published sources (including web sites). Thank you.

I understand that the pier down at the landing is scheduled to be repaired or replaced this year -- this would be an excellent time to make sure the name of the landing becomes standard and uniform throughout county documents and in county references. I am sending a copy of my message to my neighbor, to Ms. Steele; and to the officials you included in your message to my neighbor: Gloucester's IT Director, George Bains; County Attorney, Ted Wilmot; and Dawn Hobgood, the Deputy Clerk to the Board of Supervisors, so this message may become part of the agenda and packet materials for the next BOS meeting. Should I also send a copy to the members of the Board of Supervisors? Thank you for your help. Marty In Virginia: Marty Ross3592 Miss Minnie's LaneHayes, VA 23072 Phone: 804-642-2992e-mail: [email protected] in Kansas City: Marty Ross5916 McGee StreetKansas City, MO 64113 Phone: [email protected]

mailto:[email protected]


Brenda

To: [email protected] Cc: Carol; George; Wilmot, Edwin (Ted); Hobgood, Dawn Subject: regarding Oliver Landing vs. Cedar Bush Landing

Dear Mr. Dowling,

Per our meeting have made a case for why the public landing denoted on the County's map as "Cedar Bush Landing" and referred to on the County's website as "Oliver's Landing/Cedar Landing" should be

formally I've talked to appropriate folks about our Attorney

that the appropriate starting point to initiate consideration formal designation would be for you to make a formal to This is one of

If you'd like to do you submit a letter to me in like the Board to rh"",,.,,o 13.5-15 and all other Landing". Board's of Procedure state that any citizen who outlines his in writing and submits it to the County Administrator by the deadline may be placed on Board's aOE>.naa for receipt of

materials requesting to on a Board agenda for the next two

For the April 7 deadline is end of business on Monday, March 30 For the Apri I agenda deadline is end of business on Monday, April

I have copied this e-mail to our Parks, Recreation and Tourism Director, Carol our IT (who

supervises folks), Bains; our County Attorney, Ted Wilmot; and Deputy Clerk to the Board of

Supervisors (who agenda and packet materials), Dawn Hobgood.

I will keep on hand the the materials which I got from you today, so you would not need to those

again, as we can to your written letter for the Board packet.

You would need to to make a very brief presentation to the Board requesting that they modify the

County a public hearing, per our County Attorney's and mapping documents, and

be prepared to answer any from Board members.

If you any not to me.

It was a you today, and again, I think you most

Respectfully Brenda Garton

Brenda Garton, ICMA-CM County County of 6467 Main St. PO Box 329

Gloucester, VA


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Sec. 13.5-14. Instruction. No person other than those authorized by the director shall offer instruction in public park and recreational facilities. (Ord. of 3-5-2002)

Sec. 13.5-15. IIours of operation. The director shall establish hours of operation for public parks and recreational facilities; the hours may prohibit use of certain facilities at certain times.Jfu.urs_fof-J~llitl:fj·~~~lIli..!-...

recreationalfa·ciltties-wiUhe..pos!ed. Provided, however,cthatCedar Bush Creek Public 'oo -- . :0 Landing shall be closed to theJJllbtic beginning at 10:00 p.m. eac ay, an . closedto the-puhlic-untTtJ:m) a.m. on the following day, except that persons over the age of sixteen (16) years engaged in boat launching and boat retrieval may use the facilities for those purposes only. Provided further, that the hours of operation for Abingdon Park shall be sunrise to sunset when Abingd0n Elementary School is not in session or when expressly permitted by the Gloucester County School Board. (Ord. of 3-5-2002)

County of Gloucester

(804) 693-4044 Department of Public Utilities FAX (804-693-4664 6582 Main Street, P.O. Box 329

www.gloucesterva.info

Gloucester, Virginia 23061

Memorandum To: Board of Supervisors From: Martin M. Schlesinger, Utilities Director CC: Brenda G. Garton, County Administrator Date: March 20, 2009 Re: Proposed sewer service to the Providence Road Baptist Church On June 4, 2002, the Board authorized a small study to determine the feasibility of expanding sewer service to the church and surrounding area. At that time, a Pump Station, to be located on Providence Road east of the church, was under consideration. A gravity line would serve the church to the proposed Providence Pump Station. The estimated cost for the Pump Station and sewer lines was $760,000. Following the completion of the study, the Board of Supervisors passed a resolution on September 3, 2002 stating that “the Providence Road Sewer Line Extension is the first priority” and that “staff would closely monitor the Utility Development Fee Revenues and report when sufficient funds were available to construct the line”. Please note that one of the “Where as” paragraphs refers to a sewer that runs down Providence Road. I have attached a copy of the referenced resolution for your review. During February of 2003, an 8-inch potable water line was extended along Providence Road and connected to the Church. The Seawell’s Trace development was constructed starting in 2006. This included a Pump Station (#26) which was installed with a wet well sufficiently low enough to receive sewage from the church via gravity. Early in 2008, Larry Dame met with Mr. Dilbert Hogge, representing the Providence Road Baptist Church, and discussed obtaining utility easements from the church to the Seawell’s Trace Pump Station. Recently, Mr. Francis and I met with Delbert Hogge from the Providence Baptist Church regarding the proposed extension of sewer service to the church. The church

currently has two leach fields that occupy a considerable area of the property. The church desires to close these fields and construct an additional building(s) on the site. The church desires to connect to the Seawell’s Trace Pump Station through a line to be constructed along Ivy Lane and through land currently owned by Affordable Homes (Seawell’s Trace). I promised Mr. Hogge that I would bring this to your attention and determine where the sewer installation project is in the planning process. We have obtained a recent cost estimate of $370,000 (+/-5%) for installation of a gravity line from the Providence Road Church to the Seawell’s Trace Pump Station. This estimate includes surveying, execution of easements and installation of the line. The funding for this project would be from the Development Fee Fund. The Development Fee Fund currently has approximately $929,720. Based on the Resolution of 2002, I am reporting that the Development Fee Fund has sufficient funds to connect the Providence Road Baptist Church to the sewer system through Ivy Lane. The earlier resolution stated that this project had the first priority and referred to connection “down Providence Road”. Consequently, I am seeking direction from the Board on how to proceed with the project that would now direct the connection via Ivy Lane. Attachment: Resolution

County of Gloucester Finance Department

6467 Main Street Gloucester, Virginia 23061 (804)693-6927

Interoffice Memorandum To: Brenda G. Garton, County Administrator From: Nickie C. Champion, Director of Financial Services CC: Tara L. Thomas, Treasurer Date: March 30, 2009 Re: Financial Report for Period Ending February 28, 2009 As requested, I have attached a summary of revenues and a summary of expenditures for all major funds for the period July 1, 2008 to February 28, 2009 along with a comparison for fiscal year 2008. As you can see, our revenues are somewhat under our percentage collected when compared with this time last year; but as I stated before, I feel our financial situation is more critical than what these numbers suggest. In order to provide additional revenue detail, I have attached a General Fund Revenue Summary, which shows our actual collections to February 28, 2009 and projected collections to June 30, 2009. In addition, this page shows the projected shortfalls for each revenue source. In the past, we have discussed the large decrease in personal property values for automobiles, trucks, and SUV’s we can expect to see in 2009. Vehicle pricing guides (such as NADA), which are used to place values on vehicles are showing marked reductions in the values of these vehicles. While the Commissioner of the Revenue has not finished his work for the 2009 personal property assessments, we are anticipating a reduction of 11% to 13% in vehicle assessments. At this time, I am estimating that the total assessed values for 2009 personal property will fall approximately 11%. This means we can expect to see a reduction in fiscal year 2009 for the June billing of $690,000.

Please note that based on what I know today, including estimates affecting personal

property, I am anticipating a revenue shortfall of $1,546,936 at June 30, 2009

.

The next attachment is a General Fund Expenditure Summary, which shows our actual expenditures at February 28, 2009 and projected expenditures to June 30, 2009. I have also included a column for projected expenditure cuts through June 30, 2009. At this time, we have identified $2,181,435 in possible General Fund expenditure reductions. Please

note that at the bottom of this page, I have shown another presentation of the reductions, which you may find helpful. Finally, it has been your goal to keep expenditures for FY 2009 less than the revenue we generate for FY 2009. The following chart may be helpful in summarizing our situation.

Adjusted 6/30/2009 6/30/2009Budget FY09 Forecast Over/(Under)

Total General Fund Revenue 55,671,922 54,124,986 (1,546,936)

Total General Fund Expenditures 55,671,922 53,490,487 (2,181,435)

Total Revenue Over Expenditures - 634,499 634,499 As you know the situation changes hourly, and I will endeavor to keep you informed of all relevant information.

Beginning Adjusted YTD Revenue % of Adjusted Beginning Adjusted YTD Revenue % of AdjustedBudget FY 2008 Budget FY 2008 2/28/2008 Budget Collected Budget FY 2009 Budget FY 2009 2/28/2009 Budget Collected

General FundProperty Taxes 29,469,105 29,469,105 14,015,635 47.6% 32,355,566 32,355,566 16,189,695 50.0%Other Local Taxes 10,723,071 10,723,071 5,593,596 52.2% 10,939,123 10,939,123 5,031,008 46.0%Permits and Fees 469,450 469,450 358,781 76.4% 530,715 530,715 295,008 55.6%Fines and Forfeitures 98,000 98,000 66,800 68.2% 107,200 107,200 49,650 46.3%Use of Money and Property 871,642 871,642 486,078 55.8% 489,654 489,654 152,943 31.2%Charges for Services 1,029,534 1,029,534 616,281 59.9% 1,062,094 1,062,094 597,883 56.3%Miscellaneous 320,405 320,405 304,680 95.1% 226,121 233,134 198,105 85.0%Recovered Costs 358,572 358,572 231,126 64.5% 343,508 343,508 57,952 16.9%Non-Categorical Aid-State 3,030,513 3,030,513 2,739,190 90.4% 2,974,448 2,974,448 2,757,015 92.7%Shared Expenses-State 3,779,172 3,869,172 2,324,132 60.1% 3,764,890 3,764,890 2,287,306 60.8%Categorical Aid- State 717,040 790,958 495,525 62.6% 746,514 746,514 438,060 58.7%Federal 264,698 276,698 145,030 52.4% 90,969 90,969 29,893 32.9%Fund Balance-Sheriff Asset 253,000 253,000 - 0.0% 265,603 265,603 - 0.0%Fund Balance-E911 - - - 0.0% - - - 0.0%Fund Balance-After Adoption - 732,833 - 0.0% - 1,011,549 - 0.0%Fund Balance-At Adoption 415,212 415,212 - 0.0% 756,955 756,955 - 0.0%Total General Fund 51,799,414 52,708,165 27,376,854 51.9% 54,653,360 55,671,922 28,084,518 50.4%

School Fund 57,125,861 57,125,861 32,602,134 57.1% 59,190,318 59,190,318 33,140,008 56.0%Cafeteria Fund 2,261,017 2,261,017 1,191,965 52.7% 2,487,443 2,487,443 1,333,381 53.6%Social Services Fund 3,010,179 3,010,179 1,793,238 59.6% 3,137,773 3,137,773 1,886,499 60.1%Comprehensive Services Fund 840,000 840,000 332,659 39.6% 932,000 932,000 524,057 56.2%Capital Projects Fund 32,605,977 33,035,901 3,859,715 11.7% 16,792,468 19,951,767 2,830,890 14.2%School Construction Fund 14,161,632 14,161,632 6,078,643 0.0% 3,475,000 3,475,000 695,267 0.0%Debt Service Fund 3,665,708 3,665,708 3,345,279 91.3% 5,390,138 5,390,138 5,028,993 93.3%Gloucester Sanitary Dist #1 Fund 60,068 60,068 37,363 62.2% 61,568 61,568 36,349 59.0%Gloucester Point Sanitary Dist 21,540 21,540 9,786 45.4% 21,540 21,540 10,850 50.4%Utility Fund 5,017,747 5,217,747 2,971,325 56.9% 5,162,085 5,289,155 2,819,933 53.3%Mosquito Control Fund 94,730 94,730 78,533 82.9% 95,225 95,225 43,700 45.9%

2008 2009

Beginning Adjusted YTD Expenses* % of Adjusted Beginning Adjusted YTD Expenses* % of AdjustedBudget FY 2008 Budget FY 2008 2/28/2008 Budget Budget FY 2009 Budget FY 2009 2/28/2009 Budget

General FundAdministration 4,698,296 4,721,896 3,228,514 68.4% 4,978,185 5,102,398 3,268,761 64.1%Transfers Out 28,401,754 28,831,678 19,300,882 66.9% 30,257,099 31,064,937 19,400,136 62.5%Judicial 1,560,130 1,708,564 983,202 57.5% 1,562,644 1,563,314 1,096,494 70.1%Public Safety 10,983,159 11,071,478 7,295,630 65.9% 11,291,249 11,302,712 7,123,931 63.0%Public Works 1,852,386 1,870,284 1,210,099 64.7% 2,026,286 2,026,286 1,231,414 60.8%Health and Welfare 475,426 475,426 343,227 72.2% 579,107 579,107 408,052 70.5%Education 620,834 753,443 496,767 65.9% 640,814 645,812 390,660 60.5%Cultural 1,995,655 2,009,783 1,361,939 67.8% 2,050,586 2,050,586 1,255,518 61.2%Community Development 940,524 994,363 562,639 56.6% 995,355 1,064,735 508,135 47.7%Contributions 271,250 271,250 271,163 100.0% 272,035 272,035 251,472 92.4%Suspense - - - 0.0% - - - 0.0%Total General Fund 51,799,414 52,708,165 35,054,062 66.5% 54,653,360 55,671,922 34,934,573 62.8%

School Fund 57,125,861 57,125,861 32,602,133 57.1% 59,190,318 59,190,318 33,399,956 56.4%Cafeteria Fund 2,261,017 2,261,017 1,191,966 52.7% 2,487,443 2,487,443 1,150,372 46.2%Social Services Fund 3,010,179 3,010,179 1,793,238 59.6% 3,137,773 3,137,773 1,886,705 60.1%Comprehensive Services Fund 840,000 840,000 332,659 39.6% 932,000 932,000 524,057 56.2%Capital Projects Fund 32,605,977 33,035,901 3,859,715 11.7% 16,792,468 19,951,767 3,799,183 19.0%School Construction Fund 14,161,632 14,161,632 6,078,643 42.9% 3,475,000 3,475,000 3,041,985 87.5%Debt Service Fund 3,665,708 3,665,708 3,345,279 91.3% 5,390,138 5,390,138 5,028,856 93.3%Gloucester Sanitary Dist #1 Fund 60,068 60,068 37,363 62.2% 61,568 61,568 35,224 57.2%Gloucester Point Sanitary Dist 21,540 21,540 9,786 45.4% 21,540 21,540 10,354 48.1%Utility Fund 5,017,747 5,217,747 2,971,325 56.9% 5,162,085 5,289,155 2,210,298 41.8%Mosquito Control Fund 94,730 94,730 78,533 82.9% 95,225 95,225 84,377 88.6%

*Includes encumbrances

FY 2008 FY 2009

FY 09 Collections to Collections to 6/30/2009Adjusted Budget 2/28/2009 % Collected 6/30/2009 % Collected Over/(Short)

Real Estate Tax 24,063,508 11,912,364 49.5% 24,063,508 100.0% 0Public Service 600,000 213,904 35.7% 450,000 75.0% (150,000)

Personal Property Tax 7,210,058 3,717,176 51.6% 6,520,058 90.4% (690,000)Mobile Home 115,000 54,277 47.2% 115,000 100.0% 0

Penalties & Interest 367,000 291,973 79.6% 417,000 113.6% 50,000Total Property Taxes 32,355,566 16,189,695 50.0% 31,565,566 97.6% (790,000)

Local Sales Tax 4,191,987 1,867,928 44.6% 3,866,987 92.2% (325,000)Communication Sales Tax 1,439,768 667,856 46.4% 1,347,000 93.6% (92,768)

Consumer Utility Tax 680,000 347,307 51.1% 695,000 102.2% 15,000Electric Consumption Tax 129,300 62,677 48.5% 129,300 100.0% 0

Business LicenseTax 1,576,419 667,874 42.4% 1,526,419 96.8% (50,000)Cable TV Franchise Tax 291,000 160,242 55.1% 320,000 110.0% 29,000

Bank Stock Tax 180,000 0 0.0% 180,000 100.0% 0Recordation Tax 480,000 226,328 47.2% 409,000 85.2% (71,000)

Deeds of Conveyance 100,464 43,801 43.6% 76,000 75.6% (24,464)Lodging Tax 155,000 62,522 40.3% 120,000 77.4% (35,000)

Meals Tax 1,715,185 924,471 53.9% 1,715,185 100.0% 0Total Local Taxes 10,939,123 5,031,006 46.0% 10,384,891 94.9% (554,232)

Permits & Licenses 530,715 295,008 55.6% 410,715 77.4% (120,000)Fines & Forfeitures 107,200 49,650 46.3% 95,000 88.6% (12,200)

Use of Money & Prop 489,654 152,943 31.2% 350,000 71.5% (139,654)Charges for Services 1,062,094 597,883 56.3% 1,062,094 100.0% 0

Miscellaneous 233,134 198,105 85.0% 283,134 121.4% 50,000Recovered Costs 343,508 57,952 16.9% 343,508 100.0% 0

Total Other Local Revenue 2,766,305 1,351,541 48.9% 2,544,451 92.0% (221,854)

Total Local Revenue 46,060,994 22,572,241 49.0% 44,494,908 96.6% (1,566,086)

State RevenueConstitutional Officers 3,595,452 2,190,770 60.9% 3,645,452 101.4% 50,000Other Categorical Aid 745,002 406,294 54.5% 745,002 100.0% 0

Library 170,950 128,305 75.1% 178,400 104.4% 7,450Car Tax Reimbursement 2,778,639 2,639,708 95.0% 2,778,639 100.0% 0

Non-Categorical Aid 195,809 117,307 59.9% 195,809 100.0% 0Total State Revenue 7,485,852 5,482,384 73.2% 7,543,302 100.8% 57,450

0Federal Revenue 0Federal Prisoners 10,000 13,866 138.7% 10,000 100.0% 0

V-STOP Prosecutor Grant 17,500 8,892 50.8% 17,500 100.0% 0Other 6,822 403 5.9% 6,822 100.0% 0

Recovered Costs 16,147 0 0.0% 16,147 100.0% 0Federal Grants 40,500 6,732 16.6% 2,200 5.4% (38,300)

Total Federal Revenue 90,969 29,893 32.9% 52,669 57.9% (38,300)

Fund Balance-Asset 265,603 0 0.0% 265,603 100.0% 0From Fund Balance-Grants 0 0 0.0% 0 0.0% 0

From Fund Balance - Adoption 756,955 0 0.0% 756,955 100.0% 0From Fund Balance - After Adoption 1,011,549 0 0.0% 1,011,549 100.0% 0

Total Fund Balance 2,034,107 0 0.0% 2,034,107 100.0% 0

Total General Fund 55,671,922 28,084,518 50.4% 54,124,986 97.2% (1,546,936)

General Fund Revenue SummaryProjected to June 30, 2009

FY 09 Expenditures to Expenditures to 6/30/2009Department Adjusted Budget 2/28/2009 % Spent 6/30/2009 % Spent Over/(Under)

Administration 5,102,398 3,268,761 64.1% 4,966,505 97.3% (135,893) Transfers Out 31,064,937 19,400,136 62.5% 29,809,062 96.0% (1,255,875)

Judicial 1,563,314 1,096,494 70.1% 1,614,688 103.3% 51,374 Public Safety 11,302,712 7,123,931 63.0% 10,900,284 96.4% (402,428) Public Works 2,026,286 1,231,414 60.8% 1,908,636 94.2% (117,650)

Health and Welfare 579,107 408,052 70.5% 559,107 96.5% (20,000) Education 645,812 390,660 60.5% 599,562 92.8% (46,250)

Cultural 2,050,586 1,255,518 61.2% 1,977,627 96.4% (72,959) Community Development 1,064,735 508,135 47.7% 882,981 82.9% (181,754)

Contributions & Suspense 272,035 251,472 92.4% 272,035 100.0% - Total General Fund 55,671,922 34,934,573 62.8% 53,490,487 96.1% (2,181,435)

General Fund Salary Savings (397,119) General Fund Capital Savings (161,737)

General Fund Operating Savings (366,704) Transfer to School Fund (200,000) Transfer to Capital Fund (930,875)

Transfer to Debt Fund (75,000) Transfer to Social Services Fund (50,000)

Total Suggested Reductions (2,181,435)

General Fund Expenditure Summary

General Fund Suggested Reductions

Projected to June 30, 2009

3/29/2009

1

FINANCIAL CONDITION AT FEBRUARY 28, 2009

February

GENERAL FUND REVENUE AT FEB 28TH Collections Actual

Property Taxes 16,189,695$ 50.0%

Other Local Taxes 5,031,008$ 46.0%

Permits & Fees 295,008$ 55.6%

Fines & Forfeitures 49,650$ 46.3%

Use of Money & Property 152,943$ 31.2%y p y ,$

Charges for Services 597,883$ 56.3%

Miscellaneous 198,105$ 85.0%

Recovered Property 57,952$ 16.9%

State 5,482,381$ 73.2%

Federal 29,893$ 32.9%

Fund Balance at Adoption ‐$ 0.0%

Fund Balance After Adoption ‐$ 0.0%

Total Budget 28,084,518$ 50.4%

AREAS OF CONCERN

Personal Property Taxes (shortage of $690,000) Public Utility Taxes (shortage of $150,000) Local Sales Taxes (shortage of $325,000) Communication Sales Tax (shortage of $92,768) Business License Taxes (shortage of $50,000) Recordation Taxes & Deeds of Conveyance Fees

(shortage of $95,464) Permits & Fees (shortage of $120,000) Interest on Bank Deposits (shortage of $100,000)

3/29/2009

2

GENERAL FUND AT JUNE 30TH

Collections Expected Over/Short

Property Taxes 31,565,566$ 97.6% (790,000)$

Other Local Taxes 10,384,891$ 94.9% (554,232)$

Permits & Fees 410,715$ 77.4% (120,000)$

Fines & Forfeitures 95,000$ 88.6% (12,200)$

Use of Money & Property 350,000$ 71.5% (139,654)$ y p y ,$ ( , )$

Charges for Services 1,062,094$ 100.0% ‐$

Miscellaneous 283,134$ 121.4% 50,000$

Recovered Property 343,508$ 100.0% ‐$

State 7,543,302$ 100.8% 57,450$

Federal 52,669$ 57.9% (38,300)$

Fund Balance at Adoption 1,022,558$ 0.0% ‐$

Fund Balance After Adoption 1,011,549$ 0.0% ‐$

Total Collections 54,124,986$ 97.2% (1,546,936)$

GOAL

General Fund Expenditures < General Fund Revenues

Identify every expenditure that can be delayed or cutor cut

Continue to monitor revenue collections

ACTIONS TAKEN

Soft freeze = every job vacancy will be reviewed by County Administrator to determine if and when a position will be advertised and filled

No General Fund capital purchases without No General Fund capital purchases without County Administrator approval

Review by County Administrator for many Capital Fund items

3/29/2009

3

ACTIONS TAKEN

Reduce discretionary spending = every County department and agency has been directed to identify any expenditure savings and/or reductions in department budgets along with reductions in department budgets along with any resulting implications in the delivery of service.

GENERAL FUND AT FEB 28THFY 09 Expenditures to

Department Adjusted Budget 2/28/2009 % SpentAdministration 5,102,369$ 3,268,761$ 64.1%Transfers Out 31,064,937$ 19,400,136$ 62.5%Judicial 1,562,644$ 1,096,494$ 70.2%Public Safety 11 301 660$ 7 123 931$ 63 0%Public Safety 11,301,660$ 7,123,931$ 63.0%Public Works 2,026,286$ 1,231,414$ 60.8%Health and Welfare 579,107$ 408,052$ 70.5%Education 642,117$ 390,660$ 60.8%Cultural 2,050,586$ 1,255,518$ 61.2%Community Development 1,064,764$ 508,135$ 47.7%Contributions & Suspense 272,035$ 251,472$ 92.4%Total General Fund 55,666,505$ 34,934,573$ 62.8%

GENERAL FUND AT JUNE 30TH

Expenditures toDepartment 6/30/2009 % Spent Over/(Under)

Administration 4,966,505 97.3% (135,893) T ransfers Out 29,809,062 96.0% (1,255,875) Judicial 1,614,688 103.3% 51,374 Public Safety 10,900,284 96.4% (402,428) Public Works 1,908,636 94.2% (117,650) Health and Welfare 559,107 96.5% (20,000) Education 599,562 92.8% (46,250) Cultural 1,977,627 96.4% (72,959) Community Development 882,981 82.9% (181,783) Contributions & Suspense 272,035 100.0% - Total General Fund 53,490,487 96.1% (2,181,435)

3/29/2009

4

GENERAL FUND SUGGESTED REDUCTIONS

At 6-30-2009General Fund Salary Savings (397,119)$ General Fund Capital Savings (161,737)$ General Fund Operating Savings (366,704)$ T ransfer to School Fund (200,000)$ T ransfer to Capital Fund (930,875)$ T ransfer to Debt Fund (75,000)$ T ransfer to Social Services Fund (50,000)$ Total Suggested Reductions (2,181,435)$

SUMMARY AT JUNE 30TH

Adjusted 6/30/2009 6/30/2009

Budget FY 09 Forecast Over/(Under)

Total General Fund Revenue 55,671,922$ 54,124,986$ (1,546,936)$

Total General Fund Expenditures 55,671,922$ 53,490,487$ (2,181,435)$

Total Revenue Over Expenditures ‐$ 634,499$ 634,499$

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Gloucester Community Education 6361 Main Street, P.O. Box 1306 Gloucester, Virginia 23061-1306

Phone: 804/693-5730 Fax: 804/693-0509 [email protected]

DATE: Thursday, March 19, 2009

TO: Ms. Brenda Garton, Gloucester County Administrator

FROM: Ms. Christi A. Lewis, Gloucester Community Education Director CAL SUBJECT: Board Appointment Considerations The following board appointments are presented to the Gloucester Board of Supervisors for consideration at their regular monthly board meeting:

Board, Commission, Council or Committee

Type of Appointment

Current Term

Expires

New Term

Expires

Reappointment Desired

Board Member To Make

Nomination

Board of Social Services Vacancy

Gloucester Pt.

6/30/10

6/30/10

--

Crewe

Clean Community Committee Samira Squires

County-Wide

--

4/30/11

--

Any

Community Policy & Management Team Fredi Branch

Social Services Bd. Rep.

6/30/10

6/30/10

--

Any

Historical Committee Roane Hunt Tom Nesbitt Betty Zahn

County-Wide County-Wide County-Wide

4/30/09 4/30/09 4/30/09

12/31/11 12/31/11 12/31/11

Yes Yes Yes

Any Any Any

Library Board Vacancy

County-Wide

6/30/10

6/30/10

--

Any

Tourism Advisory Comm. Eileen Gedicke Beverly Teichs

Recreational Rep.

Chamber Rep.

4/30/09

--

12/31/10 12/31/10

Yes --

Any Any

AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, APRIL 7, 2009, AT 7:00 P.M., IN THE BOARD ROOM IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY _________________, AND SECONDED BY _________________, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE: Charles R. Allen, Jr., ____; Teresa L. Altemus, ____; Robert A. Crewe, ____;


SOCIAL SERVICES BOARD

WHEREAS, the Gloucester County Board of Supervisors has learned that a vacancy exists, and an appointment is needed to the Gloucester County Social Services Board; and WHEREAS, the Gloucester County Board of Supervisors has considered this matter and is now ready to make this appointment. NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of Supervisors that the following individual is hereby appointed to the Gloucester County Social Services Board to fulfill an unexpired term that shall expire on June 30, 2010. A Copy Teste: _____________________________ Brenda G. Garton, County Administrator

AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, APRIL 7, 2009, AT 7:00 P.M., IN THE BOARD ROOM IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY ____________________, AND SECONDED BY _______________,THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:


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 of an appointment that is needed to this Committee; and WHEREAS, the Gloucester County Board of Supervisors is now prepared to make the following appointment to this Committee. NOW, THEREFORE BE IT RESOLVED by the Gloucester County Board of Supervisors that the following individual is hereby appointed to the Gloucester County Clean Community Committee for a term that shall expire on April 30, 2011.

A Copy Teste:

____________________________ Brenda G. Garton, County Administrator

AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, APRIL 7, 2009, AT 7:00 P.M., IN THE BOARD ROOM IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY ___________________, AND SECONDED BY _________________, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:


COMMUNITY POLICY AND MANAGEMENT TEAM

WHEREAS, the Gloucester County Board of Supervisors has previously appointed the Community Policy and Management Team to administer the Comprehensive Services Act in Gloucester County; and WHEREAS, the Gloucester County Board of Supervisors has learned of a vacancy on the Community Policy and Management Team; and WHEREAS, the Gloucester County Board of Supervisors is now prepared to make these appointments to the Community Policy and Management Team. NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of Supervisors that the following individual is hereby appointed to the Gloucester Community Policy and Management Team for one term, which shall expire on June 30, 2010. A Copy Teste: ____________________________ Brenda G. Garton, County Administrator

AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, APRIL 7, 2009, AT 7:00 P.M., IN THE BOARD ROOM IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY __________________, AND SECONDED BY ________________,THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:

Charles R. Allen, Jr., ____; Teresa L. Altemus, ____; Robert A. Crewe, ____; Michelle R. Ressler, ____; Christian D. Rilee, ____; Louise D. Theberge, ____; Gregory Woodard, ____; 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 three (3) vacancies exist on the committee. NOW, THEREFORE BE IT RESOLVED by the Gloucester County Board of Supervisors that the following individuals are hereby appointed to the Gloucester County Historical Committee for a term which shall expire December 31, 2011. A Copy Teste: ____________________________ Brenda G. Garton, County Administrator



LIBRARY BOARD

WHEREAS, the Gloucester County Board of Supervisors has previously appointed a Library Board to oversee the operation and policies of the Gloucester County Library system; and WHEREAS, an appointment is needed to the Library Board and the Gloucester County Board of Supervisors is prepared to make an appointment. NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of Supervisors that the following individual is hereby appointed to the Gloucester County Library Board for a term that shall expire on June 30, 2010. A Copy Teste: ____________________________ Brenda G. Garton, County Administrator

AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON TUESDAY, APRIL 7, 2009, AT 7:00 P.M., IN THE BOARD ROOM IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY _________________, AND SECONDED BY _________________,THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:


TOURISM ADVISORY COMMITTEE

WHEREAS, the Gloucester County Board of Supervisors has created the

Tourism Advisory Committee to advise the Board concerning the development of tourism 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 of two (2)

appointments that are needed to this Committee. NOW, THEREFORE, BE IT RESOLVED by the Gloucester County Board of

Supervisors that the following individuals are hereby appointed to the Gloucester County Tourism Advisory Committee for a term, which shall expire December 31, 2010.

A Copy Teste: ____________________________

Brenda G. Garton, County Administrator

FEMA Hazard Mitigation GrantOpen Space Plan

Gloucester County Board of SupervisorsPlan AdoptionApril 7, 2009

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

REASONS FOR THE PLAN

The plan is part of the County’s Isabel (DR-1491) Hazard Mitigation Grant. Phase I of this grant will begin closeout on September.

It is required under the terms of the grant and must be submitted for state and federal review and approval.

Determine budget funds (if needed) to implement plan.

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

OPEN SPACE SUB-COMMITTEE

Michael Dodson, FEMA HMGP Coordinator

Anne Ducey-Ortiz, Planning Director Ron Peaks, Codes Compliance Director Garrey Curry, Public Works Director Carol Steele, Parks, Recreation, &

Tourism Director Chris Smith, Parks Superintendent

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

PLAN REQUIREMENTS AND CONDITIONS PER GRANT GUIDELINES Land must be dedicated and maintained in

perpetuity with uses of open-space, recreational, wetlands management, or the conservation of natural floodplains.

Deed restrictions for the above uses must be placed on each property.

No new structures except: Public building open and all sides and used for

recreation. A public restroom. A structure deemed compatible with a open-space,

recreation, wetland or floodplain management.

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

PLAN REQUIREMENTS AND CONDITIONS

Any permanent structures (like a Visitors Center) must be elevated 1 foot above BFE (Base Flood Elevation).

Sales are restricted; any leases or easements must be approved by FEMA.

The County is responsible for all monitoring and maintenance on the sites. Annual reports are sent to FEMA.

PLAN REQUIREMENTS AND CONDITIONS PER GRANT GUIDELINES

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

COUNTY ACQUIRED PROPERTY OPTIONS

Leave natural – keep clean of debris, remove dead trees, let marsh takeover.

Passive Park – open space with some trails and small parking area (Nature Preserve).

Active Park – Playgrounds, Boat Ramps, Picnic Shelters, etc.

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

REVIEW OF PROPERTIES AND LOCATIONS 2922 Horse Point Road 2.0 acres 9366 Guinea Road 5.9 acres 10412 Maryus Road 36.0 acres 10623 Heron Point Road 1.1 acres 10483 Maryus Road 0.3 acres 2060 Adlea Lane 1.5 acres 10124 Maryus Road 1.0 acres 2280 Maundys Creek Road 3.3 acres 3173 Kings Creek Road 0.9 acres 2151 Jenkins Neck Road 0.5 acres 2164 Jenkins Neck Road 4.0 acres 2433 Maundys Creek Road 7.2 acres 10637 Guinea End Lane 1.0 acres 10301 Maryus Road 2.3 acres 10303 Maryus Road 2.2 acres

Italics mean sale is pending

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

PUBLIC MEETING –CITIZEN COMMENTS A public meeting was held at Achilles

Elementary School on December 13, 2008 in order to receive public comment.

The comments were used as a base when drafting the plan.

The meeting was well attended and showed great interest in the future use of the properties.

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

PUBLIC COMMENTS ON USAGE Property Maintenance. How and when will they

be maintained – Specifically for the lots on Jenkins Neck Road.

Discussion public landings – potential access for kayaks and other boats.

Leases of County Property. Concerns about dumping at all sites. Property next to Achilles School – School’s

plans to operate/maintain. Would basketball or baseball field be feasible?

Is it needed?

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

PUBLIC COMMENTS ON USAGE Questions as to where the money for

maintenance come from. Need more programs and public access to the

water. Questions as to where the money for future

park improvements come from. The plan needs to address the county’s

liability. Possibility for parking and public access on the

properties.

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

PUBLIC COMMENTS ON USAGE Concerned with future improvements could

adversely affect drainage. Potential for using some of the properties for

wetlands banking. Can be used to create wetlands or create higher

functioning wetlands. Would be compatible with canoe and kayak launch

and public access Depend on proximity to water – only some of the

sites would be appropriate for conversion of property Concern from the audience about making it easier to

impact wetlands through this program

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

STAFF’S PLAN RECOMMENDATIONS1. Leave acquired properties in their natural state.2. Utilize acquired properties for public water access

or other appropriate recreational purposes.3. Investigate the opportunities for leasing certain

acquired properties to the Chesapeake Bay Public Access Authority (PAA) for wetland mitigation.

4. Maintain properties along Jenkins Neck Road area that are current open fields in order to reduce the probability of future fire events in the community.

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

MAINTENANCE Land on Jenkins Neck Road, 4.02 Acre site to be maintained on

a regular basis. All properties acquired will be monitored quarterly by

Gloucester County’s Department of Emergency Services. Emergency Services will also respond to any citizen calls as

needed. General maintenance required to keep the properties compliant

with the terms of the grant will be performed by the Dept. of Parks, Recreation, and Tourism and the Sheriff’s Office Work Release Detail Crew.

Other maintenance will be conducted through the county’s Department of Public Works – Buildings and Grounds Division.

The land located next to Achilles Elementary School will be used and maintained by the Gloucester County School Board.

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

FUNDING Required maintenance funds for the sites will come from

the applicable department’s general fund budget. No salary or payments for the general maintenance of

the site will be paid to the inmates comprising the Gloucester County Sheriff’s Office Work Release Detail Crew.

Should the County wish to develop any of the sites into public parks or recreational uses the plans for such use will be submitted to the Virginia Department of Emergency Management (VDEM) for review and comment before being placed into the County’s Capital Improvement Program (CIP).

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

TIMELINE –WHERE DO WE GO FROM HERE Draft Plan was adopted 12-0 by the

Planning Commission at its February meeting.

Draft plan presented to the Board on February 17, 2009.

Plan is now before the Board for adoption. Adopted plan will be sent to FEMA for

comment and final approval. If FEMA makes any modifications, they will

be reviewed by the Board at a public hearing before any revised plan is adopted.

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

CLOSING COMMENTS

Thank you for your time. This plan represents the final chapter in

closing out the FEMA’s Isabel grants. The plan will create a starting point for

future open space plans and projects that will help secure, protect, and enhance property and the quality of life for future residents of the Guinea neighborhoods and environmentally sensitive areas of the county.

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

The Purpose of the Plan

The purpose of the Gloucester County Hazard Mitigation Open Space Management Plan (The Plan) is to protect and conserve county land, wetlands, and water for current residents and future generations. Open space is defined as protected lands and waters that are owned and managed by the County, its public sector partners, the Commonwealth, the United States government, and/or the County’s private sector partners, including non-profit land trusts. Open Space consists of any parcel or area of land and water that is devoted to:

• The preservation of natural resources; • The managed production of resources (forest and farm land); • Outdoor recreation; • Preservation of historic and cultural property; • Protection of scenic landscapes; • Protection of public health, safety, and welfare.

This specific Plan is a requirement associated with the County’s Hazard Mitigation Grant Program (HMGP) Agreement for Hurricane Isabel to mitigate recurring property damage claims due to flooding of residents in low lying areas. It is also a tool for establishing a foundation for future growth and development that is both sustainable and economically viable. The Hazard Mitigation Open Space Management Plan will be a part of a larger Flood Management Plan which is to be drafted in the near future by the County. Open space protected through the HMGP will also be considered as part of a larger county wide view of open space resources in the County’s Comprehensive Plan

The Plan involves the acquisition of twelve properties, both with residential houses, which will be demolished per the terms of the HMGP, and properties currently in their natural state. The acquisition of properties located in flood plains will meet the requirements of preserving open space listed above. Specifically the Plan will allow the County to:

• Eliminate private property damage and loss of life through removal of residential homes; • Provide ecological benefits through preservation and protection of wetlands including:

o Improve water quality by breaking down, removing, using or retaining nutrients, organic waste and sediment carried to the wetland with runoff from the watershed.

o Reduce severity of floods downstream by retaining water and releasing it during drier periods.

o Protect stream banks and shore lines from erosion. o Recharge groundwater, potentially reducing water shortages during dry spells. o Provide food and other products—such as commercial fish and shellfish—for human use.

o Provide fish and wildlife—including numerous rare and endangered species—food habitat, breeding grounds, and resting areas.

Land on Maryus Road: 35 Acres to be preserved and left natural.

o Increase opportunities for recreation—bird watching, waterfowl hunting, photography—and outdoor education.

• Create opportunities for wetland mitigation; • Provide an opportunity for a small nature trail for local school children; • Provide land for future recreation opportunities for all County residents and visitors.

The Plan is an important step forward for Gloucester to reduce future damage claims and property losses, potential loss of life, while at the same time providing important ecological benefits which to improve the health of the Chesapeake Bay and the quality of life for the citizens of Gloucester.

The plan may be amended to include additional properties that may be acquired either through the HMGP or other mechanisms that provide similar benefits to the community for hazard mitigation and ecological enhancement.

Key Recommendations

Recommendation 1: Leave acquired properties in their natural state. Gloucester County’s Open Space Management Plan will best serve the goals of storm water mitigation through a policy of acquiring properties to be retained as natural marsh, swamp, and grasslands in perpetuity. This recommendation will also best serve the preservation and restoration of the Chesapeake Bay.

Recommendation 2: Utilize acquired properties for public water access or other appropriate recreational purposes. Secondary to the policy of allowing acquired properties to remain in their natural state, where the opportunity for public benefit exists, acquired properties should be utilized for recreational purposes. This includes uses such as water access, maintained park space, and trails.

Recommendation 3: Investigate the opportunities for leasing certain acquired properties to the Chesapeake Bay Public Access Authority (PAA) for wetland mitigation.

The PAA has proposed leasing several of the acquired sites as potential wetland mitigation banks to provide for a local bank for compensatory mitigation for unavoidable impacts to tidal wetlands as required by the Virginia Marine Resource Commission’s Tidal Wetlands Mitigation Compensation Policy. The county will have to evaluate the benefits of the proposed lease agreement for consistency with the purposes outlined in the Plan.

Recommendation 4: Maintain properties along Jenkins Neck Road area that are current open fields in order to reduce the probability of future fire events in the community. This work would include mowing field properties and removing dead wood and other potentially flammable debris from the sites to reduce the potential fuel for fires.

Property Acquisition

The following properties have been acquired, or are in the process of acquisition, by Gloucester County to be held as natural open space. Reference the map of “Properties Acquired by HMPG Funds” to view locations of acquired throughout the County’s York District. Any future properties acquired as part of this plan will be left in their natural state unless and until specific recommendations are made regarding other uses consistent with the purpose of the plan.

2922 Horse Point Road Tax Map #53-50 2.0 Acres

This property is surrounded by marshland and located near the end of Horse Point Road. The property’s culvert will be removed and the site kept natural. The terminus of Horse Point Road may provide an opportunity in the future as a public access site. If public access can be provided, this property may be a potential parking and staging area for launching of small boats.

9366 Guinea Road Tax Map #52-220 5.9 Acres This property is a narrow wedge shaped parcel adjacent to Achilles Elementary School. The School Board will maintain and develop the property in accordance with requirements of the property preserved as open space. Its proposed recreation use is to serve as a future fitness or nature trail for Achilles’ students and the general public.

10412 Maryus Road Tax Map #53-333 35.97 Acres This large tract of land is located behind the trailer park at the end of Beths Lane. It is primarily phragmites swamp land and therefore the culvert access be removed and the site kept natural.

10483 Maryus Road Tax Map #53-71 0.3106 Acres This small parcel is mostly salt bushes. The culvert will be removed and the site will be left open and natural.

10124 Maryus Road Tax Map #53-286 1.0 Acres This parcel is an open field located on the south side of Maryus Road. The culvert will be removed and the site will be left open and natural.

2164 Jenkins Neck Road Tax Map #530131 4.02 Acres This site, located on the west side of Jenkins Neck Road has two separate parcels with a driveway. It is open land with a driveway and waterfront access. It is recommended for consideration for recreation opportunities and recreational water access. The site shall be mowed on a regular basis during the growing season by the Department of Parks, Recreation, and Tourism.

10623 Heron Point Road Tax Map #53-254F 0.6979 Acres This is a small parcel located on Heron Point Road that includes phragmites, swamp, and marsh land. This property will be left in a natural state.

2151 Jenkins Neck Road Tax Map #53-158 0.5 Acres

This parcel, located on the east side of Jenkins Neck Road has tall pines, salt bushes, and vines. Pine trees that are dead or dying and that pose a hazard shall be cut down. At this time the site will be left natural, although it may serve as a trail extension for the recreation opportunity located across the street at the 2164 Jenkins Neck Road site.

2280 Maundys Creek Road Tax Map # 53-264 3.34 Acres This parcel is located on the west side of Maundys Creek Road. This property will be left in a natural state.

2433 Maundys Creek Road Tax Map #53-310 7.170 Acres This parcel is located on the east side of Maundys Creek Road. Access rights to the small family cemetery will be maintained per the covenants of the previous deeds. The majority of the property will be allowed to return to its natural state. A nature trail through the marshes is a secondary use of the site.

2060 Adlea Lane Tax Map #53-225 1.5 Acres This parcel is located off Jenkins Neck Road. The previous owner of the site, who is also the current adjacent land owner, will maintain the site in “a yard like setting” through a formal lease with the County. The lessee will keep a homeowners policy on the property for liability as well. The lessee will be responsible for maintenance per a lease that will be subject to the County’s leasing regulation in this document. If the lease is not executed or at anytime expires or is terminated, the property will be allowed to return to a natural state.

3173 Kings Creek Road Tax Map #47-199A 0.866 Acres This is a small parcel located on Kings Creek Road that includes phragmites, swamp, and marsh land. This property will be left in a natural state.

Maintenance

All properties acquired will be monitored quarterly by Gloucester County’s Department of Emergency Services. Emergency Services will also respond to any citizen calls as needed. General maintenance that is required to keep the properties compliant with the terms of the grant will be performed by the Gloucester County Parks, Recreation, and Tourism Department and the Sheriff’s Office Work Release Detail Crew.

Any maintenance above and beyond the general work crew’s ability, such as the removal of dead trees that might pose a hazard to life or property, will be conducted through the county’s Department of Public Works – Buildings and Grounds Division. Any contractors brought in to work on the site will be contracted through the County’s procurement procedures. The land located next to Achilles Elementary School (9366 Guinea Road) will be used and maintained by the Gloucester County School Board.

Land on Jenkins Neck Road: 4.02 Acre site to be maintained on a regular basis.

Funding

Required maintenance funds for the sites will come from the applicable department’s general fund budget. No salary or payments for the general maintenance of the site will be paid to the inmates comprising the Gloucester County Sheriff’s Office Work Release Detail Crew. Should the County wish to develop any of the sites into public parks or recreational uses the plans for such use will be submitted to the Virginia Department of Emergency Management (VDEM) for review and comment before being placed into the County’s Capital Improvement Program (CIP).

Lease/Use of Properties

All properties in which a second party (private owner, utility company, non-profit agency, etc.) requests a lease or easements for a term of one year or longer will have their agreements reviewed by the Virginia Department of Emergency Management prior to execution. Any temporary agreements or leases lasting less than one year will be subject to the County’s general leasing procedures.

GLOUCESTER COUNTY BOARD OF SUPERVISORS NOTICE OF PUBLIC HEARING

The Gloucester County Board of Supervisors will conduct a Public Hearing on April 7, 2009 beginning at 8:00 p.m. in the Colonial Courthouse, Court Circle, located at 6504 Main Street, Gloucester, Virginia to consider adoption of the following:

The Board of Supervisors will consider a recommendation for the adoption of the Gloucester County Hazard Mitigation Open Space Management Plan dated January 2009 (the Plan). The Plan is a requirement of the County’s Hazard Mitigation Grant Program (HMGP) Agreement for Hurricane Isabel to mitigate recurring property damage claims due to flooding of residents in low lying areas. Land acquired through this program must be dedicated and maintained in perpetuity for open space, recreation, wetlands management, or the conservation of natural floodplains. The Plan is also a tool for establishing a foundation for future growth and development that is both sustainable and economically viable. The Hazard Mitigation Management Open Space Plan will be a part of a larger Flood Management Plan which is to be drafted in the near future by the County. Open space protected through the HMGP will also be considered as part of a larger county wide view of open space resources in the County’s Comprehensive Plan. The Plan is specific to properties acquired through the HMGP and may be amended to include other properties that may be acquired to provide similar benefits to the community. Key Recommendations of the Plan are: 1) leave acquired property in their natural state as the first priority; 2) utilize acquired properties for public water access, recreational purposes, or other uses consistent with the overall purpose of the plan; 3) maintain properties along Jenkins Neck Road area that are current open fields in order to reduce the probability of future fire events in the community; 4) investigate the opportunities for leasing certain acquired properties to the Chesapeake Bay Public Access Authority (PAA) for wetland mitigation, and 5) work to acquire additional properties as opportunities as they become available.

Gloucester County Hazard Mitigation Open Space Management Plan

The preceding summary is not intended to be a complete explanation of the Plan. All interested parties are invited to study the proposed Plan and attend the hearing to express their views. Complete copies of the proposed Hazard Mitigation Management Open Space Plan and information pertaining to the program are available.

A copy of the public hearing notice and draft Hazard Mitigation Management Open Space Plan are available and may be reviewed at the Gloucester County Administrator’s office at 6467 Main Street, Gloucester, Virginia, at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 1720 George Washington Memorial Hwy, Gloucester Point, Virginia, and on the County’s website at www.gloucesterva.info.

All interested parties are invited to attend the hearing to express their views. Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator’s office at (804) 693-4042. Brenda G. Garton County Administrator

http://www.gloucesterva.info/�

At a meeting of the Gloucester County Board of Supervisors held on Tuesday, April 7, 2009, in the Board Room in the Colonial Courthouse, 6504 Main Street, Gloucester, Virginia: On a motion duly made by _________________ and seconded by ____________________ the following Ordinance was adopted by the following vote:

Charles R. Allen, Jr., ____ Teresa L. Altemus, ____ Robert A. Crewe, ____ Michelle R. Ressler, ____ Christian D. Rilee, ____ Louise D. Theberge, ____ Gregory Woodard, ____

AN ORDINANCE TO AMEND CHAPTER 19 – “WATER, SEWERS AND SEWAGE”, “ARTICLE IV”, “COUNTY SEWER SYSTEM”, “DIVISION

2”, “SEWERS AND SEWAGE DISPOSAL”, “SECTION 19-50 - APPLICATION FOR SERVICE; REQUIREMENTS” AND “ARTICLE V”,

“COUNTY WATER SYSTEM”, “DIVISION 2”, “WATER SERVICE” “SECTION 19-125 - PERSONS AND FIRMS REQUIRED TO APPLY

FOR CONNECTION TO PUBLIC WATER SUPPLY” OF THE GLOUCESTER COUNTY CODE.

WHEREAS, it has been proposed that language contained in Chapter 19

(specifically Sections 19-50 and 19-125) of the code concerning collection dates for water and sewer application and development fees be amended to allow developers to pay application and development fees for sewage and water service connections at the time building permits are issued for the lots to be developed, rather than when the final plat or site plan is approved for the development; and

WHEREAS, County staff and the Utilities Advisory Committee has requested that

the Board amend language contained in Section 19-50 and Section 19-125 to allow these suggested changes; and

WHEREAS, the Board of Supervisors has held a duly advertised public hearing

on April 7, 2009 to receive and consider public comment on this issue; and WHEREAS, the Board of Supervisors deems it appropriate to amend the

Gloucester County Code as recommended.

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Gloucester County Board of Supervisors this 7th day of April 2009, that Chapter 19 “Water, Sewers and Sewage”, “Article IV”, “County Sewer System”, “Division 2”, “Sewers and Sewage Disposal”, Section 19-50 – Application for Service; Requirements and “Article V”, “County Water System”, “Division 2”, “Water Service”, Section 19-125 – Persons and

Firms Required to Apply for Connection to Public Water Supply of the Gloucester County Code be amended and reenacted as follows:

CHAPTER 19

ARTICLE IV. COUNTY SEWER SYSTEM

DIVISION 2 – SEWERS AND SEWAGE DISPOSAL

Sec. 19-50. Application for service; requirements.

(a) Application and development fees: Applications for sewage service shall

be made in writing on forms provided by the director of the department of public

utilities. Application shall be made at the office of the director by the owner or

agent of the premises to be served, at which time the following application and

development fees shall be paid.

Meter Size (inches) Application Fee Development Fee 3/4 $3,300.00 $1,200.00

1 5,000.00 3,000.00

1 1/2 9,500.00 5,000.00

2 14,000.00 9,000.00

3 18,500.00 12,000.00

4 23,000.00 15,000.00

6 37,500.00 25,000.00

8 68,000.00 30,000.00 Multifamily dwellings including

duplexes, condominiums,

apartments and townhouses

3,300.00/unit 1,200.00/unit

When the number or size of an existing meter is increased, then the

difference between the present application and development fee costs and the

new application and development fee costs shall be paid.

An application fee shall be assessed all applications. Its payment grants

the applicants authorization to connect to the system and covers payment for

back-up facilities. These fees are intended to help defray the capital costs of

providing equipment necessary to continue operation of the county sewage

facilities. When a building with an existing connection or authorization to connect

is razed or removed, a building subsequently erected on the same premises shall

not be considered a new connection and no application fee shall be assessed

except to the extent an increased fee is due for an increase in the size of the

service as otherwise provided.

A development fee shall be assessed all applications. These fees are to

be used for the expansion of the public water and sewer system as deemed

appropriate by the board of supervisors. The development fee may be waived in

cases where the county extends sewer service and requires connection to the

system of any existing building(s), if the applicant does so within one hundred

and eighty days (180) of the announcement of service availability. When a

building with an existing connection or authorization to connect made or granted

on or after July 1, 2002, is razed or removed, a building subsequently erected on

the same premises shall not be considered a new connection and no

development fee shall be assessed except to the extent an increased fee is due

for an increase in the size of the service as otherwise provided.

The applicant shall construct and pay for all local and remote facilities in

accordance with subsection (e) below. When requested by the applicant, and

when the work could be accomplished within the capability and existing workload

of the department of public utilities, the director may construct local facilities for

an applicant charging the applicant a local facilities fee calculated to cover time

and materials, plus twenty (20) percent for miscellaneous costs. Normally such

construction would be limited to a service lateral on a residential street.

(b) Sewer lateral size. The size of the sewer lateral installed to the main

sewer shall be determined by the director of the department of public utilities.

(c) Service provided. Sewer service is only provided by the county sewer

system to the property line of any premises supplied with sewer service. All

application rules and regulations of the Hampton Roads Sanitation District shall

apply to sewer service provided through the facilities of the county sewer system.

Basement drains or drains connecting fixtures located below the level of

the ground surrounding the building shall not be connected to the sewer unless

the owner provides positive protection against the danger of flooding due to

sewer blockages, such as through the use of such devices as pumps, check

valves, etc. In any case, no back-up of sewage into any portion of a building or

residence shall impose any liability therefor upon the board of supervisors, the

county administrator, or the director of department of public utilities.

(d) Location and manner of connection. The location of all connections is to

be determined by the director. All connections shall be made with the approval

and under the supervision of the director.

Each individual building, be it a residence or a place of business, receiving

sewer service shall have a separate lateral to the sewer main whether or not

owned by the same person or persons occupying the same lot or lots. For the

purpose of this article, an outbuilding shall not be considered an individual

residence unless it is used as a dwelling.

(e) Plans for development. Developers, subdividers and individuals

constructing any type of industrial, commercial, housing development or

individual home or building or building addition where people live or congregate,

within the Gloucester Sanitary District No. 1, or desiring to connect to the county

sewer system, shall submit plans and specifications to the director for all local

and remote facilities, as defined by section 19-2 of this Code, necessary for

connection to the public sewage system. New off-site extensions shall be sized

as required by the director or the approved sewer development plan to serve all

existing and projected sewer demands to be served by the design route for the

fifty-year planning period.

After approval of said plans and specifications by the director, said

developers, subdividers and individuals, at their own expense and in accordance

with department of public utilities requirements, shall proceed to construct local

and remote facilities, referenced above, as required for connection to the public

sewage system. The director shall have the authority to inspect such systems

during any phase of construction and may order construction stopped when not

in conformity with plans and specifications previously approved. Such main

sewage lines, laterals, pumps, manholes, and other appurtenances, when

connected, shall become the property of the county sewer system, and the

developer, subdivider or individual shall execute such instruments as may be

required conveying same to the county. Whenever main sewage lines, pumps, or

manholes hereafter are located on private property, the owner shall grant an

exclusive deed of easement not less than twenty (20) feet in width about such

lines and appurtenances to the county for maintenance and repair access.

Where the capacity of the existing sewer system is not sufficient to meet

the needs of the development, the developer, subdivider, or individual shall

expand the capacity of the local and/or remote facilities of the existing sewer

system, as required by the director, so as to provide sufficient capacity to serve

the sewer needs of the development as well as the needs of the existing users of

the sewer system. All application and development fees shall be paid for

each lot or parcel to be served prior to final plat or site plan approval by the

county. All application and development fees shall be paid for each lot at

the time of application for, and as a condition of, issuance of the building

permit for that lot.

CHAPTER 19

ARTICLE V. COUNTY WATER SYSTEM

DIVISION 2 – WATER SERVICE

Sec. 19-125. Persons and firms required to apply for connection to public water

supply.

(a) When determined to be essential to the establishment of an adequate

water supply and distribution system within the county, which is necessary in

order to protect the public health, safety and general welfare and to prevent the

spread of diseases and illnesses related to the consumption of water, and is

necessary to prudently and with foresight prepare for the potential diminishment,

loss, or pollution of groundwater, through making publicly supplied water readily

accessible if and when the supply is needed, the county may construct a public

water supply system and require application for a water service connection with it

in accordance with this section.

(b) Whenever a water line is constructed by the county water system, and

when water service is available to properties abutting the line, the county may

declare the water supply to be available and notify the owners of the properties

abutting the road, right-of-way, or easement in which the water line is located of

the service availability by certified mail.

(c) Whenever the county water system constructs and provides a water meter

connection at a point on a property or within ten (10) feet of a property, and an

inhabited or occupied building, dwelling or residence of any type is situated

thereon, the owner of the property shall make an application for water service,

paying the applicable application fee (or one sixtieth hundredths ( 1/60) part

thereof as provided in section 19-126(a) hereinafter), and begin paying the

monthly minimum charge (as provided in section 19-137 hereinafter), within

ninety (90) days of the time the county declares the water supply to be available.

(d) Whenever water lines of the county water system exist, the owner of any

inhabited or occupied building, dwelling or residence of any type completed after

the county has declared the water supply to be available, and which is situated

on a property which abuts a road, right-of-way, or easement in which a water line

of the county water system is located, is required to make an application for

water service, paying the applicable application and development fees, and begin

paying the monthly minimum charge.

(e) Nothing contained herein shall be construed to require the filing of an

application for connection to the county water system by the owner of any

detached one-family dwelling on an individual lot or parcel of land which, at its

closest point, is more than two hundred (200) feet from the water meter

connection, if one is constructed and provided by the county water system, or

from the side of the road, right-of-way, or easement which abuts the property and

in which the water line is located, measured at the point nearest the structure, if

no water meter connection is provided.

(f) Subdivision requirements: Whenever a subdivision is required to be

served by public water, water lines must be extended to all lots within the

subdivision in accordance with the provisions of section 19-126(d). Subdividers

shall pay all applicable application and development fees prior to final plat

approval by the county for each lot in the subdivision. Subdividers shall

pay all application and development fees for each lot at the time of

application for, and as a condition of, issuance of the building permit for

that lot.

GLOUCESTER COUNTY BOARD OF SUPERVISORS NOTICE OF PUBLIC HEARING

The Gloucester County Board of Supervisors will conduct a Public Hearing on April 7, 2009 beginning at 8:00 p.m. in the Colonial Courthouse, Court Circle, located at 6504 Main Street, Gloucester, Virginia to consider adoption of the following:

AN ORDINANCE TO AMEND CHAPTER 19 – “WATER, SEWERS AND SEWAGE”, “ARTICLE IV”, “COUNTY SEWER SYSTEM”, “DIVISION 2”, “SEWERS AND SEWAGE DISPOSAL”, “SECTION 19-50 - APPLICATION FOR SERVICE; REQUIREMENTS” AND “ARTICLE V”, “COUNTY WATER SYSTEM”, “DIVISION 2”, “WATER SERVICE” “SECTION 19-125 - PERSONS AND FIRMS REQUIRED TO APPLY FOR CONNECTION TO PUBLIC WATER SUPPLY” OF THE GLOUCESTER COUNTY CODE.

The purpose of the public hearing is to consider amending Chapter 19 of the Gloucester County Code to allow developers to pay development and application fees for sewage and water service connections at the time building permits are issued for the lots to be developed, rather than when the final plat or site plan is approved for the development.

A copy of the public hearing notice and draft ordinance are available and may be reviewed at the Gloucester County Administrator’s office at 6467 Main Street, Gloucester, Virginia, at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 1720 George Washington Memorial Hwy, Gloucester Point, Virginia, and on the County’s website at www.gloucesterva.info.

All interested parties are invited to attend the hearing to express their views. Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator’s office at (804) 693-4042. Brenda G. Garton County Administrator

http://www.gloucesterva.info/�

AT A MEETING OF THE BOARD OF SUPERVISORS OF GLOUCESTER COUNTY, VIRGINIA, HELD ON APRIL 7, 2009, AT 7:00 P. M., AT THE COLONIAL COURTHOUSE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION MADE BY ________________, AND SECONDED BY __________________, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:

Charles R. Allen, Jr., ____ Teresa L. Altemus, ____ Robert A. Crewe, ____ Michelle R. Ressler, ____ Christian D. Rilee, ____ Louise D. Theberge, ____ Gregory Woodard, _____

WHEREAS, the Gloucester County Board of Supervisors desires to discuss a particular subject in Closed Meeting during the course of its meeting of April 7, 2009; and

WHEREAS, the nature of the subject is discussion and consultation with legal counsel pertaining to actual or probable litigation. The discussion of same in Closed Meeting is expressly permitted by Section 2.2-3711(A)(7) of the Code of Virginia, 1950, as amended.

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

Supervisors does hereby convene in Closed Meeting for the purpose herein expressed pursuant to the legal authority herein recited. A Copy Teste:

_____________________________________


AT A MEETING OF THE BOARD OF SUPERVISORS OF GLOUCESTER COUNTY, VIRGINIA, HELD ON APRIL 7, 2009, AT 7:00 P. M., AT THE COLONIAL COURTHOUSE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION MADE BY ________________, AND SECONDED BY __________________, THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:

Charles R. Allen, Jr., ____ Teresa L. Altemus, ____ Robert A. Crewe, ____ Michelle R. Ressler, ____ Christian D. Rilee, ____ Louise D. Theberge, ____ Gregory Woodard, _____

WHEREAS, the Gloucester County Board of Supervisors has completed its discussion in Closed Meeting, and now desires to continue its meeting in Open Session; and WHEREAS, each and every member of this said Board who votes affirmatively for the adoption of this Resolution does thereby certify that, to the best of his/her knowledge, only public business matters lawfully exempted from Open Session were heard, discussed, or considered during the Closed Meeting, and that the only subjects heard, discussed, or considered in said Closed Meeting were the matters identified in the Resolution by which it was convened. NOW, THEREFORE, BE IT RESOLVED that the Gloucester County Board of Supervisors does hereby reconvene in Open Session at its meeting of April 7, 2009, and certifies the matters set forth in Section 2.2-3712(D) of the Code of Virginia, 1950, as amended. A Copy Teste:

_____________________________________
