Present: Edwin E. Smith, Jr., Chairman E. Stanley Langford, Jr., Vice-Chairman Margaret H. Davis Angelo S. Stevens

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1 Virginia: At a regular meeting of the Essex County Board of Supervisors held on Tuesday, August 9, 2011, at 10:00 a.m., in the Board Meeting Room, in the Essex County School Board and County Office Complex, at Tappahannock: Present: Edwin E. Smith, Jr., Chairman E. Stanley Langford, Jr., Vice-Chairman Margaret H. Davis Angelo S. Stevens David S. Whitlow, County Administrator Linda E. Lumpkin, Deputy County Administrator Benjamin W. Emerson, Sands, Anderson, County Attorney The Chairman opened the regular meeting, welcomed visitors, and advised that this meeting is being recorded and that anyone wishing to speak come forward to the microphone and state his name first. On motion made by Supervisor Davis and seconded by Supervisor Stevens, the minutes of the previous meetings were approved without being read aloud. The vote was: Mrs. Davis, Aye; Mr. Stevens, Aye; Mr. Smith, Aye; Mr. Langford, Aye. The Chairman opened the Public Comment Period and asked that each speaker try and limit his or her comments to three minutes each. Mark Milstead, Town Councilman in Warsaw, again expressed his opposition to the proposed asphalt plant for LaGrange Industrial Park, where he owns a business. Roy Bray asked about the paving of roads and suggested we all get together and protest to the Governor. He again expressed concern with schools providing food for students. The public comment period was closed. The Chairman reminded the audience that a Public Hearing on a proposed Dogs Running At Large Ordinance in the Point Breeze Subdivision was held in June and closed. The Board now needs to act on the issue. He said he still feels it would be an Ordinance the County cannot enforce and that the County already has a means for enforcement under Section 5.9.

2 Supervisor Davis expressed support for the proposed Ordinance to provide citizens with an additional tool to issue a summons to offenders; it will help our citizens. She said she understands we cannot place more work on our Animal Control Officer; it will be up to citizens to enforce by use of summons. Supervisor Langford said he believes the Ordinance already in effect gives citizens the means to protect themselves and feels the real issue is between neighbors, not animals; the challenges are nuisance and fear. Supervisor Stevens commented that he supports adoption of the Ordinance. Supervisor Davis made a motion to adopt the Dogs Running At Large Ordinance for Point Breeze Subdivision. Supervisor Stevens seconded the motion. The vote was: Mrs. Davis, Aye; Mr. Stevens, Aye; Mr. Smith, Nay; Mr. Langford, Nay. The motion failed. Supervisor Stevens exited for a Doctor s appointment. Dr. David Chang, District Director of the Three Rivers Health Department, introduced himself to the Board, and offered whatever services the Health Department may provide. Chuck Walsh, Executive Director of the Middle Peninsula-Northern Neck Community Services Board, asked for adoption of a Resolution approving their Performance Contract and offered an update of services. He said out of a $23 million budget, $3.2 million is from the Commonwealth and $123,000 is a subsidy from localities; he discussed the group homes in the King William area, his work with Social Services in foster care programs, and helping with work force issues. Motion was made by Supervisor Langford and seconded by Supervisor Davis to adopt the following Performance Contract Resolution: WHEREAS, Section of the Code of Virginia (1950), as amended, requires each Community Services Board to submit to the governing body of each political subdivision that established it an annual Performance Contract for community mental health, intellectual disabilities, and substance abuse services for its approval prior to submission of the contract to the Virginia Department of Behavioral Health and Development Services; and, WHEREAS, the Middle Peninsula-Northern Neck Community Services Board has put forward its proposed Performance Contract for fiscal year 2012, for approval by the Boards of Supervisors of the governing Counties of Essex, Gloucester, King and Queen, King William, Lancaster, Mathews, Middlesex, Northumberland, Richmond, and Westmoreland;

3 NOW, THEREFORE, BE IT RESOLVED by the Essex County Board of Supervisors that the Performance Contract prepared by the Middle Peninsula-Northern Neck Community Services Board for fiscal year 2012 and presented to the Board is hereby approved and may be forwarded to the Department of Behavioral Health Developmental Services as further required. The vote was: Mr. Langford, Aye; Mrs. Davis, Aye; Mr. Smith, Aye. Supervisor Langford said he understands 70% of prisoners are in jail for drug addiction or mental illness and asked Mr. Walsh about the crisis intervention program. Mr. Walsh responded that crisis intervention is for law enforcement and that the program is ready to begin but needs approval from the State. John Marling with EEC Consulting reviewed the regional Water Supply Plan that is being developed for the Middle Peninsula Planning District Commission and said the Plan requires comments from the participating localities, of which Essex is a part. He said 87% of our wells are private, 13% are public systems, and that 30% of the supply in the 13% are used. Mr. Marling said the Board will have to hold a Public Hearing on the proposed Plan. Motion was made by Supervisor Langford and seconded by Supervisor Davis to adopt the following Resolution with regard to the use of Rural Rustic Road funds for Bareford s Mill Road: WHEREAS, Section of the Code of Virginia (1950), as amended, permits the improvement and hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; WHEREAS, any such road must be located in a low density development area and have no more than 1,500 vehicles per day; WHEREAS, the Essex County Board of Supervisors requests that Barefords Mill Road, Route 608, from Route 607 to the end of State maintenance, be designated as a Rural Rustic Road; WHEREAS, the Essex County Board of Supervisors is unaware of pending development that will significantly affect the exiting traffic on this road; WHEREAS, this road is in Essex County s Six Year Plan for improvements to the Secondary System of Highways; WHEREAS, the general public and particularly those citizens who own land abutting this road have been made aware that this road may be paved with minimal improvements as consistent with the development of a Rural Rustic Road project; and,

4 WHEREAS, the Essex County Board of Supervisors believes that this road should be so designated due to its qualifying characteristics; NOW, THEREFORE, BE IT RESOLVED that the Essex County Board of Supervisors hereby designates Bareford s Mill Road a Rural Rustic Road and requests that the Residency Administrator for the Virginia Department of Transportation concur in this designation; BE IT FURTHER RESOLOVED that the Essex County Board of Supervisors requests that Bareford s Mill Road be hard surfaced and, to the fullest extent prudent, be improved within the existing right of way and ditch lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state; and, BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. The vote was: Mr. Langford, Aye; Mrs. Davis, Aye; Mr. Smith, Aye. Supervisor Langford asked VDOT representative Joyce McGowan to set a VDOT meeting in Essex County for Essex County citizens to speak directly with and address questions for VDOT regarding road concerns. Ms. McGowan responded that she would make those arrangements. Supervisor Langford asked about the road pooling behind Rappahannock Apartments in Tappahannock and about the pot holes and drainage issues on Cheatwood Mill Road, on behalf of Supervisor Stevens. Ms. McGowan said VDOT is addressing each of these challenges and working on a temporary fix for Cheatwood Mill Road and may have to establish a base for the road. She added, grass cutting is happening now and that there will be paving on Route 360 from Millers Tavern to Tappahannock as well as Route 17 at the Piscataway Creek; she said there will also be paving on the road behind Burger King and in front of Wal-Mart. The Commissioner of the Revenue offered his regular monthly report. Delegate Harvey Morgan, at the request of the Commissioner, presented certificates to staff. When asked by the Chairman if he had finished picking up properties yet, the Commissioner responded in the negative, and was instructed to complete that job on the County s behalf. The Treasurer reported that the records in her office show the following balances at the close of business on July 31, 2011: Cash in Office $ 2,130.50

5 Cash in Banks Essex Bank 148, EVB 306, Cafeteria Account 5, Glebe Fund EVB - Super Savings at 1.2% 68, Investments LGIP at 0.281% 31, LGIP 2010 Revenue Anticipation Note at 0.281% 3, Wells Fargo 2, Essex Bank Money Market 3, SunTrust 2011 Revenue Anticipation Note 2,489, The Building/Zoning Administrator presented his regular monthly report. The School Superintendent reported that all three schools are fully accredited. He invited the Board to the Schools annual convocation on Monday, August 29, 2011, at 9:00 a.m., at Essex Intermediate School; featured speaker is Senator Ryan T. McDougle. The School Superintendent requested an additional appropriation of $531,000, Education s fund balance at the end of June 30, He said he expected to use the carry over funds to purchase two new school buses, a communications system for the school buses that will be tied in with the County s E911 system, fuel that may be needed, and assisting employees with health insurance benefits by increasing the School Board s share. Supervisor Langford expressed concern that the Board is not being presented any documentation to support the request nor did the Superintendent make the request during our regular annual appropriations meeting at the end of June, like all other offices had done; he also said that fuel costs are decreasing. It was the consensus of the Board to revisit this request next week, after supporting documents have been provided, at the August 16 meeting at 7:30 p.m., here. On motion made by Supervisor Langford and seconded by Supervisor Davis, the payroll for the months of July and August and the claims for the month of July were approved. The vote was: Mr. Langford, Aye; Mrs. Davis, Aye; Mr. Smith, Aye. The Board set a meeting for August 29, 2011, at 11:00 a.m., here, for a Public Hearing, required under the Line of Duty Act, to accept Rescue Squads and Fire Departments as a part of the County s official safety program, and a work session on proposed Personnel Policies.

6 On motion made by Supervisor Langford and seconded by Supervisor Davis, this meeting was continued to Tuesday evening, August 16, 2011, at 7:30 p.m., here, in joint session with the Essex County Planning Commission. The vote was: Mr. Langford, Aye; Mrs. Davis, Aye; Mr. Smith, Aye. County Administrator

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