Uttering specifically : to circulate (something, such as a forged or counterfeit note) as if legal or genuine
Code 1950, § 18.1-96; 1960, c. 358; 1975, cc. 14, 15.
By Carol J. Bova
Mathews County Bylaws 13.2 “… The full text of an amendment to these By-laws shall be made part of the Minutes of the Meeting at which they were adopted.”
This has not been done on a consistent basis over the past few years.
1. 2014 Bylaws Annual Organizational Audio removed from meeting portal.
Between September 14, 2018 and September 16, 2018, the January 8, 2014 Minutes and Audio were taken offline from the Meeting Portal. The Minutes were reposted as a link in January 28, 2014 Agenda and Amended Bylaws posted September 17, 2018 under January 28 meeting documents. https://mathewsva.granicus.com/MetaViewer.php?view_id=1&clip_id=5&meta_id=761
No copy of proposed amendments was included and the text of the amendments is not in the January 8 Minutes which are posted under January 28, 2014 Minutes. Cannot review Audio because Audio for January 8, 2014 was not reposted after being taken down in September, 2018.
Audio 50:40, ARTICLE 9. MINUTES. Mrs. Conner also requested the Board clarify what constitutes the official record and recommended the Board designate the online record as the official record for legal purposes. She noted that in doing so, it would simplify administrative processes somewhat when dealing with FOIA requests and other matters. Mr. White stated that this would be a legal designation. Mrs. Conner agreed.
MOTION: On Motion of Mr. White, seconded by Mr. Cole, the Mathews County Board of Supervisors voted 5 – 0 – 0 as follows, Ms. Casey, Mr. White, Mr. Ingram, Mr. Cole, Mr. Morrow – aye; to adopt the Bylaws of the Mathews County Board of Supervisors as presented and as amended in 8.3F, and to designate the electronic online record of the minutes as the official minutes of the Board of Supervisors for legal purposes.
3. 2018 Bylaws changed by administrator when Board voted not to amend them. Changed motion in Minutes from what was said in meeting.
January 10, 2018. Audio starts at 4:55: Chairman asks if one motion could cover approval of A, B and C on agenda, Code of Ethics, Bylaws, and Regular Meeting Schedule. Administrator said, “If you don’t want to amend anything, that would be fine.” On audio at 5:29: Supervisor Love said: “I make the motion we continue with the Bylaws and Code of Ethics as is.”
At 5:58, Administrator said she didn’t see anything that needed to be looked at. After questions and discussion, at 11:10, Supervisor Morrow seconded the motion. Motion approved 4-0-0.
But January 10, 2018 Minutes said vote was “to adopt the Mathews County Board of Supervisors Code of Ethics, Bylaws and Schedule of Meetings for calendar year 2018, as presented and attached to and made a part of these Minutes.” As presented is handwritten and underlined on online Minutes for January 10, 2018.
4. 2018 Bylaws in 6.1: Without Board action, omitted phrase that agendas are to be prepared “in consultation with the Board Chairman.” (See motion in 3. “to continue as is.”)
6.1. Changed to: The Annual Organizational and Regular Meetings of the Board shall have a formal Meeting Agenda prepared by the County Administrator or his designee. The County Administrator at his discretion and Board members individually may, by request to the County Administrator, place matters of business on the Agenda for discussion, information and /or action by the Board as are germane to the affairs and interests of the Board and County. Agendas for Special Meetings are optional at the discretion of the Board of Supervisors or County Administrator.
Changed from: 6.1. The Annual Organizational and Regular Meetings of the Board shall have a formal Meeting Agenda prepared by the County Administrator or his designee in consultation with the Board Chairman. The County Administrator at his discretion and Board members individually may, by request to the County Administrator, place matters of business on the Agenda for discussion, information and /or action by the Board as are germane to the affairs and interests of the Board and County. Agendas for Special Meetings are optional at the discretion of the Board of Supervisors or County Administrator.
5. 2018 Bylaws, 6.4 also changed without Board approval:
2017 Bylaws 2018 left out last line:
6.4. The Board shall take no Action of Record on Closed Meetings and business
any matter that is not on the Meeting Agenda matters brought before the Board
unless a modification to the Meeting Agenda is under Supervisors’ Reports [are]
requested at the time of Approval of the Agenda. exempt from the the provisions of this paragraph.
Modification of the Meeting Agenda requires a majority vote of Board members present. Upon Approval of the Agenda, no further modifications may be made except as provided for in paragraph 7.3. Closed Meetings and business matters brought before the Board under Supervisors’ Reports exempt from the provisions of this paragraph.
6. 2018 Bylaws: 7.3.F. Changed without Board action:
2017 Bylaws 2018 Bylaws
A second to a primary or substitute motion is Changed “primary or substitute” to
required in order to formally discuss and/or vote “primary and substitute” and adds
upon the motion. Voting shall be by show of “NOT” before required. That was
hands. The Chairman shall verbally summarize discussed in 2017 and decision was
the vote upon conclusion of an Action of Record, to continue to require a second as noting by individual name those Board members the practice has been. abstaining or voting in the minority on the Item of Business.
By Carol J. Bova
In his interview for the interim board position, when asked what do you think a board member should do to be effective, Mike Rowe said, “Do their homework.”
He did not do his homework on the solution he claimed for the Hole in the Wall Restaurant septic system at the Board of Supervisors meeting on September 24th. He didn’t give the board any documents or facts to support what he said, and most of his statements were incorrect.
He did not discuss how a direct discharge of treated wastewater fits the Milford Haven TMDL (Total Maximum Daily Load) from the EPA-approved water quality improvement plan or the impact to the oyster grounds and recreation adjacent to the restaurant. Even well-treated septic system effluent discharge will cause a permanent condemnation of that part of Milford Haven for shellfishing. Do we really want to discharge treated sewage effluent where people boat, kayak and use paddleboards?
Rowe, along with supervisor Amy Dubois, the county administrator, the building official, and the restaurant owner, had a private meeting with a vendor, Environmental Services of Virginia, who “gave an assessment of what he thought could be done.” The vendor “recommended an alternative system, which would be the Clearstream, and he recommended that we apply for a permit with DEQ, and once we get that, then they can design the system.”
Rowe said that without a DEQ permit you can’t move forward, but he didn’t say DEQ cannot approve a discharge permit alone. They must forward an applications for discharge into shellfish areas to the Virginia Department of Health Environmental Health Services division (VDH-EHS.)
Dr. Marcia Degen from VDH-EHS said, “There is no general approval process and the design is reviewed based on the information submitted by the design engineer.” The designer must show the selected unit can perform as required to reduce pollution and suspended solids. So an engineered design is required before the permit application is submitted.
Asked about the price for the system, which would include UV disinfection, Mr. Rowe said, “Total price tag, engineering and installation will be between $23,000 and $30,000 dollars.” He also said there is no fee for that permit from DEQ. Rowe’s cost estimate is too low, perhaps half of what would be required.
The current operating permit was issued in 1998 and allows 380 gallons of wastewater a day for 45 seats. The current Virginia Health Department (VDH) standard is 2,250 gallons a day (gpd), based on 50 gpd for each seat. (12VAC5-610 in Table 5)
The largest Clearstream treatment system is 1500 gpd. So two systems that can handle a capacity of at least 2,250 gpd are needed, including pretreatment and a UV disinfection treatment for each.
DEQ VPDES (Virginia Pollutant Discharge Elimination System) Permits are not free for commercial systems. Hole in the Wall, with 821,250 gallons per year, would fall under the category of Industrial Minor (less than 1 million gallons per year) with a new permit fee of $3,300. (9VAC25-20-110. Fee Schedule).
Rowe didn’t follow the County’s Small Purchase Policy either. Since two Clearstream units, engineering, design, permits and installation will exceed the original $30,000 estimate, County Procurement Procedures for $30,001 – $50,000 require informal solicitation of a minimum of four bidders or offerors, and an award must be made in writing. He did not mention any other bidders, nor did he present a contract for consideration by the Board before he requested approval to apply for a permit. The County Administrator also failed to mention the purchase policy requirements.
This is how the County gets tangled in difficult and costly situations – Not enough facts, not enough research, and inadequate follow through by staff.
Written and Authorized by Carol J. Bova