december bos board packet

MIDDLESEX COUNTY BOARD OF SUPERVISORS

Board Room in the Historic Courthouse

Saluda, Virginia

December 1, 2015

CALL TO ORDER 3:00 P.M.

Prayer and Pledge of Allegiance

1. Approval of the Consent Agenda

A. Meeting Agenda

B. Minutes – November 4, 2015 (pages 3-10)

C. Disbursements (pages 11-29)

D. Payroll (pages 30-36)

3:00 P.M.

2. Public Comments ** 3:05 P.M.

3. Constitutional Officers (as needed)

A. Treasurer - Report Only (pages 37-39)

3:15 P.M.

4.

Agency and Staff Reports

A. Virginia Department of Transportation

B. Middlesex County Public Schools

C. Department of Social Services - Report Only (pges 40-42)

D. Economic Development and Tourism - Michelle Brown

E. Workforce Investment Council - Louis Belcher (pgs 44-46)

i. Virginia Employment Commission Closure

E. Middlesex Museums (page 47)

3:20 P.M.

3:25 P.M.

3:30 P.M.

3:45 P.M.

5. Action Items and Updates

A. Lease Agreements

i. Bay Aging for Senior Center (pages 48-57)

ii. Deltaville Maritime Museum (pages 58-78)

B. Middlesex Airport Committee - Bylaws Changes (pgs 79-83)

C. Middle Peninsula - Chesapeake Bay Public Access

Authority (pages 84-106)

D. Appropriations (pages 107-109)

E. County Government Day and Rural Caucus (page 110-111)

F. Jackson Creek Dredging (pages 112-127

4:00 P.M.

4:10 P.M.

4:15 P.M.

4:20 P.M.

4:25 P.M.

4:30 P.M.

6. County Attorney Items 4:40 P.M.

7. County Administrator Items (pages 128-137) 4:45 P.M.

8. Old/New Business 4:55 P.M.

9. Supervisor’s Comments and Reports 5:05 P.M.

- Recess and Reconvene for Evening Session

10. Public Hearings:

A. Ordinance Amendment 2015-06 initiated by the Middlesex County

Planning Commission. This Text Amendment is for the purpose of

allowing Accessory dwelling units by-right in the Low Density Rural (LDR),

Village Community (VC) and Residential (R) Zoning Districts subject to the

requirements of Article 15-22 instead of requiring approval of a Special

Exception by the Board of Supervisors. (pages 138-145)

B. Rezoning #2015-01 submitted by Lewis Carter (Property Owner) and

Good Girl, LLC (Applicant). The request is for the amendment of

previously approved proffer #3 regarding building uses and reduced size of

one of the buildings for two contiguous properties identified as tax map

parcel #28-153 (5.8 acres +/-) and tax map parcel #28-153D (3.39 acres +/-),

zoned General Business (GB) and located at 5041 General Puller Highway in

the Saluda Magisterial District. (pages 146-203)

7:00 P.M.

11. Public Comment**

ADJOURN

Upcoming Meetings: (meetings to be held in the Board Room of the Historic Courthouse, unless

otherwise noted)

Annual Meeting - Tuesday, January 5, 2016, 9:00 A.M.

All times listed are intended as guides. Items scheduled for the afternoon session

may be moved to the evening session.

** Public Comments limited to 3 minutes per individual or 12 minutes per representative of a group of 4

or more who indicate forfeiting their individual time to speak.

PUBLIC COMMENT AND

PUBLIC HEARING PROCEDURES

General Requirements:

1. Each speaker will give his or her name and address for the record.

2. Each speaker or individual will be given one opportunity to speak.

3. All comments and/or remarks will be addressed to the Board of Supervisors, not the audience.

Public Hearing Order:

1. Presentation of Application by Staff.

2. Chairman opens the Hearing for comments from the public.

3. Presentation by Applicant.

4. Comments from speaker(s) representing a group:

A. Must represent four (4) or more individuals;

B. Individuals must stand and acknowledge that they are being represented

by the speaker and that they forfeit their individual time to speak;

C. Are allowed 12 minutes to make their presentation(s).

5. Comments from individuals – allowed three (3) minutes each.

6. Applicant Rebuttal – allowed five (5) minutes.

7. Chairman closes hearing for comments from public.

8. Questions and discussion by Board members

BOARD OF SUPERVISORS MINUTES NOVEMBER 4, 2015

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AT A MEETING OF THE MIDDLESEX COUNTY BOARD OF SUPERVISORS

HELD ON WEDNESDAY, NOVEMBER 4, 2015, IN THE BOARD ROOM OF THE

HISTORIC COURTHOUSE, SALUDA, VIRGINIA:

Present: Wayne H. Jessie, Sr., Jamaica District Robert L. LeBoeuf, Hartfield District Peter W. Mansfield, Saluda District

John D. Miller, Jr., Harmony Village District Absent: Elizabeth B. Hurd, Pinetop District

Matthew L. Walker, County Administrator Marcia Jones, Assistant County Administrator Michael T. Soberick, County Attorney

CALL TO ORDER

Vice Chairman, Wayne Jessie called the meeting to order at 3:00 p.m. Mrs. Hurd was away due to the death of a family member. Mr. Miller led in the prayer and Mr. Walker led in the Pledge of Allegiance.

CONSENT AGENDA

The motion to approve the Consent Agenda was made by Mr. Miller, seconded by Mr. LeBoeuf and carried unanimously. The Consent Agenda included approval of minutes as amended from the Board meeting on October 6, 2015; disbursements dated October 19, numbers 81811-81881 totaling $94,667.42, dated October 27, number 81882 for $200, and dated November 4, numbers 81883-81968 for $515,450.36; and payroll checks dated October 15, numbers 81534-81590, totaling $368,708.37.

PUBLIC COMMENT

George Snead, Locust Hill, spoke in favor of more control of Johnson Grass and reported that all ten stormwater basins on Route 33 and the bus loop on Philpot Road has Johnson Grass that is ready to spread.

Tom Feigum commented that the boat tax is taxing without representation, as a majority of the tax is being collected from people that are not voting residents.

CONSTITUTIONAL OFFICERS

There were no Constitutional Officers present.


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AGENCY AND STAFF REPORTS

Virginia Department of Transportation:

Joyce McGowan, Resident Administrator, gave an update on maintenance and paving projects. Mrs. McGowan reported that Johnson Grass control is done by spraying and mowing by VDOT or contract workers. Mowing of the catch basins is handled through another sub-department, but Mrs. McGowan noted that she would try and get it taken care of.

The paving contractor will be back to do a punch of paving corrections in late November.

Ron Peeks was introduced as the new Assistant Resident Administrator

Schools:

There was no one present to represent the School system. The motion to approve the following appropriations was made by Mr. Miller, seconded by Mr. LeBoeuf and carried unanimously:

FY 2016-21: FROM: 3-071-038404-8000, $4,235.10; TO: 4-071-061100-3000-310-300-460, $1,453.18, 4-071-061100-5500-310-300-460, ($500.00), 4-071-061100-8103-310-300-460, $206.79, and 4-071-061100-8200-310-300-460, $3075.13. Appropriate remaining Carl Perkins funds awarded for 2014/15 school year and additional Carl Perkins funds awarded for 2015/16 school year.

FY 2016-22: FROM: 3-071-038401-1000, $5,000.00; TO: 4-071-061100-6000-200-100-410, $49573.20 and 4-071-061100-6000-200-800-411, $42.80. Appropriate State Academic Achievement Grant Funds Awarded for FY 16.

Reassessment:

Mike Didawick, representing Wampler and Eanes, the reassessment firm, reported that 34% of the fieldwork is complete.

Historic Resources Survey:

Deb McClane, who will be working with the Department of Historic Resources, updated the Board on the survey of historic resources to be completed for Middlesex. This survey is one of nine in the State that is being completed. Marilyn South will be the local contact for information. Ms. McClane will return to the Board at the end of the survey with the results and recommendations.

ACTION ITEMS


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Freeshade Community Center:

Mr. LeBoeuf read the following resolution, to be given to the Freeshade Community Center Organization, in recognition of their donation of their facility property to Middlesex County:

RESOLUTION

Recognition of the Freeshade Community Center Organization

In Commemoration of their Support to Middlesex County, Virginia WHEREAS, The Freeshade Community Center Organization was established in Middlesex County on June 29th, 1963; and WHEREAS, the purpose of the Freeshade Community Organization was to promote civic, educational, youth, and adult recreation and Christian activities for the citizens of Middlesex County, Virginia; and WHEREAS, The collective members of the Freeshade Community Center Organization have faithfully served the citizens of Middlesex, Virginia for the past fifty-two years; and WHEREAS, The Freeshade Community Center Organization has provided their faithful services in many instances to multi-generations of the citizens of Middlesex County, Virginia, providing them opportunities of education, recreation and Christian activities at their facility in Syringa; and WHEREAS, Through their generosity and community pride, the Freeshade Community Center Organization is donating their facility to Middlesex County, Virginia, ensuring current and future citizens will still be able to enjoy the programs made available since 1963 ;and NOW, THEREFORE, BE IT RESOLVED, by the Middlesex County Board of Supervisors, that it hereby publically recognizes the Freeshade Community Center Organization and their entire membership for their loyal dedication and commitment to Middlesex County, Virginia, and all the citizens they have faithfully served for over fifty-two years.

All members present and voting:

Robert L. LeBoeuf aye Elizabeth B. Hurd absent Pete W. Mansfield aye John D. Miller, Jr. aye Wayne H. Jessie, Sr. aye

The motion to accept the property and authorizing the Vice Chairman to sign the deed for recordation was made by Mr. Miller, seconded by Mr. Mansfield and carried unanimously.

Mr. Walker added that the County's Department of Economic Development and Tourism has been working with representatives of the Freeshade Community Center to try to carry on a past event of the Center, their Winter Bazaar.


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Marina Owner's Presentation:

James Mackey, representing the Middlesex County Business Coalition, presented information regarding the decline in the number of boats and in tax revenue since 2009. Mr. Mackey noted that there is a current occupancy rate of 55-75% that is declining daily as boat owners are actively solicited to move their boats to neighboring counties that either have no tax at all or have no tax on boats greater than 5 tons. Currently boats in Middlesex are taxed by their value, not on length or weight. Mr. Mackey suggested that as a way of generating revenue to off-set no tax, the Board could adopt a usage fee, either at a flat amount or in amounts that varied by the size of the boat.

Mr. LeBoeuf requested additional information be prepared for the Board's Retreat on November 16, including a comparison for the State of Virginia of number of registered boats and revenue for the same 2009-2015 time period as a way to compare the effect of the tax versus the current economic conditions. In addition, Mr. LeBoeuf requested that size information for current boat owners be provided, along with the tax collected on their value.

Mr. Mansfield noted that where the usage fee may be a reduction in cost to some boat owners it will be an increase to others. Mr. Mansfield also requested that the comparison of other counties also include a date when those counties went to a zero boat tax.

Mr. Walker noted that he has requested additional information from the Commissioner of Revenue for the Board's retreat. Mr. Walker also noted that it is not Lancaster County government that has been soliciting boats from Middlesex, but rather the marina owners themselves.

James M. Barnhardt, III:

Mr. Jessie presented Mr. James M. Barnhardt with the following resolution in recognition of his initiative and dedication to the Wings, Wheels and Keels event.

RESOLUTION

Recognition of James M. "Jamie" Barnhardt, III

WHEREAS, Jamie Barnhardt has had a lifetime interest and love of aviation and automobiles; and WHEREAS, Mr. Barnhardt has a deep appreciation for Hummel Field and aviation in general in Middlesex County; WHEREAS, Mr. Barnhardt has been able to combine these interests with the establishment of the Wings and Wheels event, later named, Wings, Wheels and Keels, to bring the community into the airport environment; and WHEREAS, Mr. Barnhardt has spearheaded this event through each of its 20 years with tireless public relations efforts throughout the local community and state;


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WHEREAS, Mr. Barnhardt's personality, intelligence and spirit have acted as a catalyst for the Wings, Wheels and Keels event to continually prosper through the years; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors does hereby recognize Jamie Barnhardt for his leadership in the promotion of aviation at Hummel Field and for establishing a quality, family event in Middlesex County; Robert L. LeBoeuf aye Elizabeth B. Hurd absent Pete W. Mansfield aye John D. Miller, Jr. aye Wayne H. Jessie, Sr. aye

Surplus Property:

Authorization was requested to declare miscellaneous property stored in the County lot at the Puller Center as surplus and to request bids for their sale. In addition, it was requested that the old AS400 computer be declared as surplus and allow its sale in whole or in parts. The motion to declare the AS400 as surplus and proceed with its sale and to prepare and present a list of other items for sale was made by Mr. Miller, seconded by Mr. LeBoeuf and carried unanimously.

Refund:

The motion to refund a wetlands application fee in the amount of $250 to Delta Marine Construction for an application deemed not to require a Wetlands Permit was made by Mr. Miller, seconded by Mr. LeBoeuf and carried unanimously. Mill Creek Dock Repair:

The motion to authorize the repair of the public dock at Mill Creek that was damaged during the October Nor'easter was made by Mr. Miller, seconded by Mr. LeBoeuf and carried unanimously. Two bids had been received for the work, $2,400 and $3,850.

Budget Transfer and Appropriations:

The motion to approve the following appropriations was made by Mr. Miller, seconded by Mr. LeBoeuf and carried unanimously:

Budget Transfer - FY 2016-2

$4000.00 FROM: 4-1-89000-0010 TO: 4-1-35010-5404

Appropriation 2016-16

$3,739.83 FROM: 3-1-18030-0006 TO: 4-1-31020-5406


$12,348.00 FROM: 3-1-41060-0001 TO: 4-1-32030-5604, $6,174.00 and 4-1-32030-5605, $6,174


$150.00 FROM: 3-1-23040-0001 TO: 4-1-12130-5504


$575.46 FROM: 3-1-18030-0001 TO: 11010-5504


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$44,820.00 FROM: 3-1-24040-1040 TO: 4-1-36060-3001, $8,320.00; 4-1-36060-5504, $27,740.00; 4-1-36060-3002, $5,560.00; 4-1-36060-3009, $3,200.00

Juvenile Detention:

Mrs. Jones requested the Board's endorsement of the Virginia Department of Juvenile Justice (DJJ) restructure of the Commonwealth's Juvenile Justice System. The Department seeks to replace existing State corrections centers that are oversized, inadequate for treatment purposes and costly to maintain and operate with smaller, more effective and efficient facilities in locations close to those localities that send the greatest number of youth to state custody. At present, the State's Correction Centers serve less than 10% of the juveniles supervised by the Department of Juvenile Justice, but account for almost 40% of the budget. More importantly for local governments, at the same time, the Department is also proposing that it have the opportunity to reinvest correctional savings from smaller facilities and declining populations into partnerships with local governments and private providers to provide a continuum of evidence-based alternative programs across the Commonwealth.

The endorsement would be sent to Delegate Hodges and Senator McDougle as a request that the General Assembly: not reduce the Department of Juvenile Justice (DJJ) budget below current levels; allow DJJ to retain the savings from correctional savings and downsizing; support a capital plan for the construction of new, right-sized and strategically located facilities; give DJJ the opportunity to pursue a reinvestment strategy in both secure and non-secure alternatives to incarceration in a Juvenile Correctional Center. The motion to send the endorsement was made by Mr. LeBoeuf, seconded by Mr. Miller and carried unanimously.

Sale of Dredged Material:

Hayden Enterprises was the only company that submitted a proposal to remove material from the Deltaville dredged materials site. This site contains approximately 62,000 - 75,000 cubic yards of dredged material from projects to dredge Broad Creek and Jackson Creek. The proposal received was for $1.00, however, it was noted that the need to get it out outweighs the future value of the product. Mr. Walker noted that he would like the opportunity to negotiate with the proposer regarding the timeframe for removal of the material. The motion to accept the proposal and authorize negotiation was made by Mr. Miller, seconded by Mr. LeBoeuf and carried unanimously.

RECESS AND RECONVENE The Board recessed the meeting and reconvened at 7:00 p.m. for the evening session.

PUBLIC HEARING - SPECIAL EXCEPTION 2015-04

Wally Horton, Planning Director, presented an application for approval of a Special Exception to locate an Accessory Dwelling Unit on a parcel of land in the Low


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Density Rural (LDR) Zoning District pursuant to Sections 7-3 and 7-4 and subject to the provisions of Section 15-22 of the Middlesex County Zoning Ordinance. This application seeks to allow a +/- 600 square foot, 1-bedroom accessory dwelling at Tax Map 35-28, a 98.75 acre parcel of land with an existing principal dwelling unit of 2,981 square feet. All other conditions of the Zoning Ordinance have been met. The Planning Commission recommended approval of the application.

Mr. Jessie opened the hearing for comments from the public. There being no comments, the public portion was closed. The motion to approve the application with the following conditions was made by Mr. Miller, seconded by Mr. LeBoeuf and carried unanimously:

1. The use shall meet the criteria of Section 15-22 and any other zoning or building code requirements.

2. Prior to the issuance of a zoning and/or building permit, all applicable approvals from the Virginia Department of Health shall be obtained.

COUNTY ADMINISTRATOR REPORT Mr. Walker highlighted several items within his monthly report.

Mr. Walker reported that Molly Ward, Secretary of Natural Resources, had sent a letter that noted that the Department of Environmental Quality was working closely with the Hampton Roads Sanitation District (HRSD) on options for potable water reuse. HRSD presented their proposal at a meeting on October 26 that was attended by Mr. Walker, Greg Chambers, Mr. Mansfield and Mrs. Hurd. HRSD is planning on treating waste water from their plants to a very high standard and injecting it into the aquifer. This should help to recharge the aquifer, stop salt water intrusion, as well as stop the level of land subsidence. This plan would also put the State on track with EPA requirements to reduce the Total Maximum Daily Load of nutrients into the Chesapeake Bay. HRSD estimates that updating their plants and providing this service will cost customers approximately 50 cents per 1,000 gallons, or about $2.50 per month added to a residential bill. The Department of Environmental Quality is also considering other options such as use of waters from the Pamunkey and Mattaponi Rivers, treated to match the aquifer and injected, but any options studied will not be released until 2018. Mr. Mansfield urged the Board to move forward with endorsement of the HRSD proposal. Mr. Walker noted that this is a prime example of regionalism with HRSD using modeling provided by DEQ and taking the lead. A representative of HRSD has been invited to attend the Board retreat for an update on this project as well as sewer projects for the County.

Mr. Miller noted that EPA is the agency that stopped the removal of water from the Pamunkey before and allowed DEQ to grant ground water withdrawal permits. Mr. Miller noted that it could be years before regulatory agencies take actions on the DEQ or HRSD proposals. Mr. LeBoeuf noted that the regulations are still a problem that should be addressed, as well as permeability and getting to existing water supplies. It


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was suggested that other options be explored before moving in the direction that HRSD has proposed.

Retreat Agenda:

Mr. Walker requested any additional items for discussion at the Retreat to be presented to him so that he could prepare the agenda.

OLD/NEW BUSINESS

There were no other items to be discussed under this heading.

SUPERVISOR COMMENTS/REPORTS

Mr. Miller reported that 40 of 54 localities have submitted concurring resolutions in support of opting-out of the State's storm water management.

Mr. LeBoeuf reported that he attended a review meeting with Federal Engineering on the proposed radio system and also attended a combined meeting of emergency services volunteers and county staff to do a Strength, Weaknesses, Opportunities, Training (SWOT) analysis on emergency services in the county. Mr. LeBoeuf also took a tour of the High School.

Mr. Miller and Mr. Jessie both attended the Planning District Commission meeting that had a speaker discussing Freedom of Information Act requirements.

ADJOURN

There being no further business, the meeting was adjourned until the regular meeting scheduled for Tuesday, December 1, 2015, by motion of Mr. Miller, seconded by Mr. LeBoeuf and carried unanimously. It was noted that three Board members will be attending the Virginia Association of Counties Annual Meeting at the Homestead on November 8-10 and the Retreat is scheduled for November 16, 2015, at the Deltaville Maritime Museum.

____________________________ Wayne Jessie, Vice Chair Board of Supervisors

1

Betty S. Muncy

From: Morgan, Rebecca (VDSS) [[email protected]]Sent: Monday, November 23, 2015 10:58 AMTo: Marcia Jones; Matt WalkerCc: Betty S. MuncySubject: Monthly ReportAttachments: MonthlyReportOct15.pdf

Attached for review. Items of Note:

The agency continues to accept holiday assistance applications for children, older adult, and disabled clients. The agency is looking forward to our first annual Children’s Christmas Party on December 12 at the Deltaville Maritime Museum.

The agency saw an increase in the number of Child Protective Services reports in October as that was the first full month school was in session. Adult Protective Services reports are expected to increase as the holiday season approaches (more out of town relatives will be seeking services as they visit older adults in the coming weeks).

Please let me know if there are any questions. Rebecca J. Morgan, M.Ed. Director Middlesex Department of Social Services PO Box 216 Urbanna, VA 23175 (804) 758-2348 (804) 758-2357 - fax Collaboration for Strengthening Families to Better Futures!

Important Confidentiality/Privacy Notice: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information that may be exempt from disclosure under Federal Rules. Any unauthorized use, disclosure, review, or distribution is prohibited. If you are not the intended recipient, please notify the sender by email and destroy all copies of the original message.

Middlesex Department of Social Services

Monthly Report - October 2015

Services

Child Protective Services

Family Assessments Investigations Ongoing Services Totals

6 6 1 13

Foster Care Children

4 4

Adult Services

Adult Protective Services Adult Services Companion/Home Based Care Guardianships

8 10 15 11 44

Adoption

Pending Cases Subsidies

0 18 18

Prevention/Stabilization/Court Ordered Cases

14 14

Benefits

SNAP (Food Stamps) Cases 743

TANF (Temporary Assistance for Needy Families) - Welfare Cases 56

Medicaid Cases 986

Child Care (Number of Children Served) 50

Client Phone Calls/Visits to the Agency 2288

Middlesex Department of Social Services

Monthly Report - October 2015

Director Activities

10/1 Emergency Operations Meeting - Saluda - 11-12

10/5 Meeting with Lou Belcher - Saluda - 1:30-2:30

10/6 VLSSE Board Meeting - Newport News - 1-4

10/7 Community Policy and Management Team Meeting - Agency - 9-10

VLSSE Board Meeting - Newport News - 1-7

10/8 MPIP - Saluda - 9-12

10/9 PSSF Training - Newport News - 9:30-4:30

10/13 Diversion Training - Agency - 10-2

10/15 MPNN DSS Directors' Meeting - Warsaw - 10-1

10/19 NNMP Housing Partnership Conference Call - Agency - 1-3

10/20 CPS Appeal (local conference) - Agency - 11-12

10/21 Circuit Court - Saluda - 9-11:30

10/28 CWAC Prevention Committee Meeting - Richmond - 3-4:30

10/29 Emergency Shelter Meeting - Gloucester - 1:30-3

10/30 Staff Meeting - Agency - 9-10:30

P. O. Box 428, Saluda, VA 23149

Matthew L. Walker Marcia Jones

County Administrator Assistant Administrator

County of Middlesex

Office of the County Administrator

November 24, 2015

TO: Board of Supervisors

FROM: Matt Walker

SUBJECT: Economic Development and Tourism

Michelle Brown, the County's Economic Development and

Tourism Coordinator, will be present to update the Board on the upcoming

Christmas Bazaar to be held at the Freeshade Community Center.




County of Middlesex


November 24, 2015


FROM: Matt Walker

SUBJECT: Workforce Investment Council

Louis Belcher, who represents Middlesex County on the

Workforce Investment Council, will be present to update the Board regarding

the planned closing of the Virginia Employment Commission office in

Warsaw.

Virginia Employment Commission/Northern Neck Workforce Development Board Partner

Meeting

Date: November 10, 2015

Statement of Problem: The Virginia Employment Commission has determined that they

have to cut costs and find it necessary to close several offices including the one in Warsaw

which supports the Northern Neck and Middle Peninsula. This potentially could force all VEC

customers to drive 1- 2 hours to either Fredericksburg, Richmond, or Newport News. Primary

costs to be cut are labor, bricks and mortar and IT.

Factors that bear on the situation:

1. VEC Warsaw is closing on February 28, 2016

2. The VEC recorded 31,055 requests for services from Northern Neck and Middle

Peninsula (Richmond County, Westmoreland County, Essex County, Northumberland

County, Lancaster, County, King William County, King and Queen County, Middlesex

County, Mathews County, and Gloucester County) residents in a one year period which

equates to 2000 – 2500 requests per month. This probably includes double or triple

counting but should equate to about 650-800 individual walk-in visits to the Warsaw

VEC per month by Northern Neck and Middle Peninsula residents.

3. VEC has agreed to honor their contract with the Bay Consortium Workforce

Development Board for the time between February 28, 2016 and the end of the

contract on June 30, 2016

4. Services now being offered at VEC Warsaw will most likely be provided from one of the

following three locations for the time between 2/28/16 and 6/30/16

a. Northern Neck Planning Commission Complex in Warsaw

b. Rappahannock Community College (Warsaw Campus)

c. Job Assistance Center, Warsaw

5. Service after 6/30/15 has yet to be determined

At this meeting, Ms. Lynette Hammond, Deputy Commissioner of the VEC stated that since VEC

is obligated by the Workforce Innovation and Opportunities Act (WIOA) to support the

Workforce Development Boards, the WDB has an opportunity to direct where services will be

rendered beginning 7/1/16. The service locations will be determined based on the results of

RFP’s to be sent out for Adult and Dislocated Services contracts scheduled to being on July 1,

2016.

It is possible that a satellite (itinerant- staffed possibly two days every other week) location

could be possible in the RCC building in Kilmarnock (Sissy Crowther said they have the space).

A key factor in locating there would be the central nature of population centers in

Northumberland, Lancaster, Middlesex and Mathews Counties. A request has been made to

identify the geographic center of population centers in the four counties of the Northern Neck

from Jerry Davis, Executive Director of the Northern Neck Planning District Commission

A letter of support from the Board of Supervisors to the VEC Deputy Commissioner, Ms.

Lynnette Hammond, 703 E. Main St., Richmond, VA 23219 and to Mr., Mike Jenkins, Executive

Director of the Bay Consortium Workforce Development Board, P.O. Box 1117, Warsaw, VA

22572, could potentially assist in the decision making process as to where satellite offices

would be located.

Submitted by Ken Knull, Representative for Lancaster County to the WDB.




County of Middlesex


November 24, 2015


FROM: Matt Walker

SUBJECT: Middlesex Museums

Representatives of the Middlesex Museums will be present to

request separate line items and funding for each of the three museums in the

FY 17 budget.




County of Middlesex


November 25, 2015


FROM: Matt Walker

SUBJECT: Lease Agreements

Bay Aging:

The current lease agreement we have with Bay Aging for the

Senior Center actually expired on June 30th. I am requesting that we renew

this agreement with them.

Deltaville Maritime Museum:

The DMM Board has requested some modifications to their

current lease with the County. Copies of the proposed agreement and current

lease are attached and I will discuss the proposed changes with you at the

meeting.

1

LEASE/Use of Facility Agreement

THIS LEASE/ Use of Facility Agreement, made this 1st day of July, 2015, by and between the

COUNTY OF MIDDLESEX, hereinafter called LANDLORD, party of the first part, and BAY

AGING (formerly Chesapeake Bay Agency on Aging, Inc.), a Virginia Not for Profit Agency,

hereinafter called TENANT, party of the second part.

I. DESCRIPTION OF PROPERTY

That LANDLORD for and in consideration of the mutual promises herein contained does

hereby lease and rent unto TENANT to occupy and for commercial purposes, the following

described property hereinafter called the “Leased Property”

2788 General Puller Highway, Saluda, Virginia 23149

All those kitchens, pantries and dining rooms on the left side rear of the building left of the

main entrance to the building, this being approximately 1,255 square feet.

TOGETHER in common, with all others who may be entitled thereto, all restrooms, driveways,

walkways, parking areas, well, and/or common areas, etc., adjacent to the leased property.

PROVIDED, however, LANDLORD, shall not place, erect or construct or cause anything to be

placed, erected, or constructed on the remaining portion of that property of LANDLORD not

hereby leased which is incompatible to the intended use of the leased property by TENANT.

II. TERM AND RENT

TENANT shall hold the above property for a term of one (1) year, commencing on July 1, 2015 and

ending June 30, 2016, unless sooner terminated as herein provided.. TENANT shall pay rent

therefore, in the amount of .43 / square ft. for a total monthly rent of $539.65, beginning the first day

of July 1, 2014 with subsequent installments of a like amount to be due and payable on the same day

of each successive month thereafter throughout the term of this Lease. All rental payments shall be

mailed or delivered to Betty S. Bray, Treasurer, Middlesex County, P. O. Box 182, Saluda, Virginia

23149. Tenant shall be given the right of first refusal to renew this Use of Facility Agreement at the

2

expiration of the original term upon such terms and conditions as may be agreed upon by the parties

hereto.

III. ADDITIONAL RENT

All charges, costs and expenses that TENANT assumes or agrees to pay hereunder together with all

interest and penalties that may accrue thereon in the event of the failure of TENANT to pay those

items, and all other damages, costs, expenses, attorney's fees, and the sums that LANDLORD may

suffer or incur, or that may become due by reason of any default of TENANT or failure by

TENANT to comply with the terms and conditions or this Lease shall be deemed to be additional

rent and, in the event of nonpayment, LANDLORD shall have all the right and remedies as herein

provided for failure to pay rent.

IV. USE

The leased property shall be used solely by said TENANT as and for purposes for which the Bay

Aging Board has established. Provided, however that TENANT shall not use nor allow the leased

property to be used for unlawful or ultra-hazardous purposes.

V. REPAIRS AND MAINTENANCE

LANDLORD covenants and agrees to be responsible for all major maintenance, repairs, and/or

replacement of items not specifically delineated as the obligation of the TENANT. TENANT(s)

shall be solely responsible for the following: janitorial services and supplies; minor maintenance

services and supplies, (i.e. light bulbs, filters, clogged drains, etc) including shared restroom

facilities. The TENANT(s) shall be responsible for the janitorial duties for the common areas: i.e.

restrooms, foyers, hallways, etc. However, regarding such maintenance, repairs and replacements,

the sole determination of the necessity of maintenance, repairs and replacements of the foregoing,

shall be in the sole discretion of the LANDLORD. Furthermore, the type and quality of such

maintenance, repairs and replacements, as well as what individual, partnership, firm, etc. shall be

3

hired to do so is also in the sole discretion of the LANDLORD. However, if maintenance, repairs

and replacement are due to TENANT’S misuse, neglect or willful destruction, then TENANT, not

LANDLORD, shall be responsible. LANDLORD shall be solely responsible for lawn and shrubbery

care. The TENANT(s) shall be responsible for snow removal.

VI. ADDITIONS AND IMPROVEMENTS

TENANT shall not make any improvements, additions or alterations to the leased property without

the written consent of LANDLORD.

VII. NONWAIVER BY LANDLORD

The receipt of rent by LANDLORD with knowledge of any default or breach of this lease by

TENANT shall not be deemed to be a waiver of any provisions, covenant or condition of this Lease,

and no waiver or failure of the LANDLORD to enforce any such provision covenant or condition,

shall affect the right of LANDLORD to enforce the same in the event of any subsequent default or

breach. Conversely, any payment of rent by TENANT with knowledge of any default or breach of

this Lease by LANDLORD shall not be deemed to be a waiver of any provision, covenant or

condition of this lease, and no waiver or failure of the TENANT to enforce any such provision,

covenant or condition, shall affect the right of the TENANT to enforce the same in the event of any

subsequent default or breach.

VIII. APPLICABLE LAW

This lease shall be construed interpreted and applied according to the law of the Commonwealth of

Virginia and shall be binding upon and inure to the benefit of the parties hereto their respective

heirs administrators, personal representatives, successors in interest/title, sublessees, and assigns

of the parties hereto.

IX. QUIET ENJOYMENT

LANDLORD covenants and agrees that upon TENANT performing all of the covenants and

4

conditions aforesaid, on TENANT’S part to be observed and performed, TENANT shall and may

peaceably and quietly have, hold and enjoy the premises hereby demised for the original term and

any renewal thereof. LANDLORD further covenants and warrants that the LANDLORD has the

full right and lawful authority to enter into this lease for the full term aforesaid and for all

extensions, if any, and that the premises are free and clear of all liens, contracts, leases and

encumbrances which would adversely affect the ability of the LANDLORD to enter into this lease or

the enjoyment of the premises by the TENANT.

X. INDEMNIFICATION, LIABILITY INSURANCE AND CASUALTY

INSURANCE

TENANT hereby indemnifies and agrees to hold LANDLORD harmless from any and all actions,

claims, suits, controversies and demands arising out of TENANT’S use, occupancy or non-use of the

premises, or the failure of TENANT to maintain the premises as herein provided, including, but

without limitation of the foregoing, any carelessness, negligence, intentional or improper conduct or

breach of this lease by TENANT or its agents, employees, patrons, invitees guests, suppliers or

licensees, and any and all costs, expenses and fees, including attorney's fees, incurred by

LANDLORD incident thereto. To further protect LANDLORD and assure compliance by TENANT

with the foregoing provisions of this agreement, TENANT shall obtain and maintain at all times

during the term hereof with a responsible insurer, for the benefit of LANDLORD and TENANT,

comprehensive general liability insurance against any loss or liability for damages and any expenses

of the parties against any claim or damages which might result from TENANT’S use or occupancy

of the premises, in the amount of one million dollars ($1,000,000.00). TENANT shall furnish a copy

of such insurance policy and renewals thereof to LANDLORD on July 1 of each year and such

policy shall not be cancelled without written notice to LANDLORD. LANDLORD shall keep the

buildings located on the demised premises insured against loss or damage by fire, flood or other

5

casualty. However, it shall be the obligation of the TENANT, and not the LANDLORD, to obtain

and maintain any insurance that TENANT desires on the demised premises or on their personal

property therein, and such insurance shall be at the expense of the TENANT and may be written by

any carrier selected by TENANT.

XII. SUBLEASE

TENANT shall not assign this Lease to a sub-tenant without the written consent of the

LANDLORD.

XIII. CONSTRUCTION OF LEASE

In the event any provision of this lease or part thereof shall be determined by any Court of competent

jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions hereunder or

part thereof, shall remain in full force and effect and shall in no way be affected, impaired or

invalidated thereby, and it shall be understood that such remaining provision shall be construed in

the manner most clearly approximating the intention of the parties with respect to the valid, or

enforceable provisions or parts thereof.

XIV. DEFAULT

Any of the following shall be deemed a default by TENANT and a breach of this lease: (a) a default

in the payment of any installment of rent or additional rent for a period of fifteen (15) days, (b) a

default by TENANT in the performance of any other provision, covenant, or condition of this

Leases, (c) any abandonment, desertion, or vacation of the property by TENANT, (d) the

appointment of a receiver or trustee of the assets of TENANT, (e) the filing of any bankruptcy,

arrangement, or insolvency proceeding by or against TENANT, or any assignment by TENANT for

the benefit of creditors, and (f) the use of the property by TENANT or others for any illegal

purpose. It is agreed that there is to be no enforceable default against the TENANT under the terms

of this lease unless written notice of said default shall be given to TENANT at its last known

6

address, and TENANT shall have had thirty (30) days after actual receipt of such notice to remedy

the default or omission. If the default or omission complained of is of such a nature that it cannot be

completely cured within said thirty day period, such default or omission nevertheless shall not be

enforceable against TENANT if TENANT shall have begun curing it within the thirty day period

and shall, with reasonable diligence and in good faith, proceed to remedy it.

Remedies of TENANT for Breach: That in the event funding for a senior activity center becomes

non-available to TENANT, this lease shall be null and void within thirty (30) days of notification to

LANDLORD. This section includes funds provided by Middlesex County, the State of Virginia and

the U.S. Government.

XV. RIGHT OF ACCESS

During the term of this lease LANDLORD shall have the right to enter the leased property at

reasonable times and with reasonable notice to inspect the same and to make any necessary repairs.

XVI. DAMAGE TO LEASED PROPERTY

In the event of damage to the leased property because of latent structural defects or caused by fire,

enemy action, other casualty or condemnation, LANDLORD shall repair the same with reasonable

dispatch after notice of such damage by TENANT. If the leased property at any part thereof is

damaged or the intended usage is minimized to such an extent as to render it untenantable, this lease

shall terminate as of the date of such damage or defects, at the option of either LANDLORD or

TENANT, unless LANDLORD shall repair such damage or defects, as the case may be, within thirty

(30) days after TENANT advises LANDLORD of the damage or defective condition, as set forth

above, and, in case of such repair within such period, the rent shall be abated in an amount

corresponding with the time and the extent to which the leased property shall have been

untenantable. If, however, the damage to the leased property by fire or otherwise was caused by the

fault or negligence of TENANT, or the agents, servants, employees, visitors, or licensees of

TENANT, no option to terminate by TENANT shall exist and TENANT shall be liable for the rent

7

during the unexpired term of this lease, without abatement, unless LANDLORD elects to terminate

this lease, a right which LANDLORD hereby reserves in such contingency.

XVII. UTILITIES AND TAXES

LANDLORD agrees to pay for the electric service because the building is occupied by other tenants

and it is not possible to know the portion of electric service used solely by the TENANT. All other

utilities will be paid by TENANT.

XVIII. GENERAL PROVISIONS

This agreement shall create the relationship of LANDLORD and TENANT between the parties. At

the termination of the lease, TENANT shall surrender the premises, and keys thereof to

LANDLORD in the same condition it was in at the time of execution of this Lease, reasonable wear

and tear excepted.

XIX. COSTS OF ENFORCEMENT AND ATTORNEY’S FEES

In the event of default in the terms and conditions of this lease the TENANT agrees to pay all costs,

expenses, fees and charges incurred by LANDLORD in enforcing, by legal action or otherwise, any

of the provisions, covenants and conditions of this lease, including reasonable attorney’s fees.

8

XX. ENTIRE AGREEMENT

This agreement is made in duplicate the day, month and year aforesaid, each of which shall be

considered the original.

WITNESS the following signatures and seals,

BAY AGING, INC. By: _____________________________ (SEAL) Executive Director

COMMONWEALTH OF VIRGINIA:

COUNTY OF MIDDLESEX:

I, ___________________________________, a Notary Public, in and for the County

And state aforesaid, do certify that Kathy Vesley Massey, as Executive Director of BAY AGING

(formerly Chesapeake Bay Agency on Aging, Inc.), has this day acknowledged the same before me

in my said County and State aforesaid.

Given under my hand this ______ day of __________________, 2015.

____________________________________

Notary Public

____________________________________

Notary Registration Number

My Commission Expires: ___________________________

9

MIDDLESEX COUNTY

BOARD OF SUPERVISORS

By:______________________________(SEAL)

Vice Chairperson

ATTEST:____________________________ Clerk

COMMONWEALTH OF VIRGINIA:

COUNTY OF MIDDLESEX:

I, ___________________________________, a Notary Public, in and for the County

and state aforesaid, do certify that Wayne H. Jessie, Sr. as Vice Chairman and Matthew L. Walker as

Clerk of the Middlesex County Board of Supervisors, respectively, have this day acknowledged the

same before me in my said County and State aforesaid.

Given under my hand this ______ day of __________________, 2015.

____________________________________

Notary Public

____________________________________

Notary Registration Number

My Commission Expires: ___________________________

1 of 9 DMM Lease 12-1-15

LEASE

THIS LEASE AGREEMENT, made this 1st day of November , 2015, by and between

THE COUNTY OF MIDDLESEX, a political subdivision of the Commonwealth of

Virginia, (hereinafter called "Lessor"); whose address is: P.O. Box 428, Saluda,

Virginia 23149 and THE DELTAVILLE MARITIME MUSEUM AND HOLLY

POINT NATURE PARK, INC., a Virginia non-profit corporation, whose address

is: Box 466, Deltaville, Virginia 23043, (hereinafter collectively called "Lessee").

WITNESSEH:

WHEREAS, the Lessor is the owner of those certain tracts or parcels of land

commonly known as the Pette S. Clark Property and more particularly described herein

on Schedule A, hereinafter referred to as "The Property", and

WHEREAS, the Lessee is interested in leasing the property for the purpose of

maintaining a maritime museum and park for the benefit of the citizens of Middlesex

County, and

WHEREAS, the Lessor is agreeable to leasing the property to the Lessee as set

forth herein,

NOW THEREFORE, in consideration of the sum of TEN DOLLARS ($10.00) rental,

payable the first day of December, 2015 and on the same day of each succeeding year

during the term of this lease, and the promises and obligations contained in this

agreement, Lessor hereby leases and demises to the Lessee the property described

in Schedule A (sometimes referred to herein as the "premises") upon the following

terms and conditions:

1. It is understood that the property is leased for the purpose of establishing

and maintaining a maritime museum and nature park which will be open to the public.

2. The term of this lease shall be for 20 years; beginning the 1st day of

December, 2015 and concluding on the 30th day of November, 2035. During the term


of the lease, Lessee will provide Lessor, on an annual basis, a report indicating the

number of visitors at the park and museum, activities held or sponsored at the property,

and annual revenues and expenses, together with such further information that may be

requested from time to time by Lessor. Lessor shall have the right at all times to

reasonable inspection of the premises.

3. Provided all conditions of this lease have been properly complied with, this

lease agreement may be renewed or extended upon agreement of all parties for

additional terms of 25 years; base rental for such extended or renewed period shall

be $10.00 per annum, with such other and additional terms and conditions thereof

subject to renegotiations by the parties hereof. If either party desires to terminate the

lease such party shall give the other party notice, in writing, no less than six (6) months

prior to end of their current lease term.

4. Lessee shall provide and pay for all utilities at the premises during the term

of this lease.

5. Lessee shall maintain and keep in good repair, at its sole expense, any

existing facilities, furniture and improvements located thereon except the drainfield

and septic tank used by the Deltaville Rescue Squad. Lessee shall be responsible

for the repair of structural damage to the extent that such damage is not covered by

insurance. All repairs to any facilities including, but not limited to fences, shall be

made with materials of a similar nature to the existing facilities, and shall be made

in good and workmanlike manner.

6. Alcoholic beverages may be served by the Deltaville Maritime Museum in

connection with public fundraising, rentals and member events. Proper Virginia ABC

permits and approval are required together with compliance with all ABC laws and


regulations.

7. The Lessee shall not allow nor maintain any nuisance on the premises.

8. The Museum will comply with all Middlesex County ordinances.

9. Without the consent of the Lessor, all nature trails constructed by the

Lessee shall be a minimum of 100 feet from all property lines. Nature trails and other

pedestrian or multipurpose paths may be extended to adjoining properties with the

written agreement of the Lessor.

10. Security for the property shall be the responsibility of the Lessee.

11. The Lessee may sublet the property or portion thereof from time to time in

furtherance of its fund raising activities. However, any sublease of longer than one (1)

month shall have the prior written consent of the Lessor.

12. Lessee shall not keep or have on the leased premises any article or thing of

a dangerous, inflammable, or explosive character that might unreasonably increase the

danger of fire on the leased premises or that might be considered hazardous or extra

hazardous by any responsible insurance company.

13. Lessee will not make any improvements, alterations, additions or changes

to the property requiring a permit without, in each case, first obtaining the consent of

the Lessor.

14. Lessee shall indemnify and hold harmless the Lessor, its officers, agents

and employees, from liability and expenses, including attorney's fees and court costs,

for personal injuries and property damage to any person or property in any way arising

out of or related to the lease of this property.

15. Lessor acknowledges that the Lessee is a tax exempt organization and as


such is not subject to property taxes.

16. Prior to occupying or using the facility in any way, Lessee shall procure

and maintain in force, at its sole expense for the term of this lease and any extension

thereof, liability insurance with insurers approved by Lessor. Such coverage shall be

adequate to protect against liability for damage and injury claims arising through the

use or occupancy of or arising out of incidents and accidents occurring in or around the

property, including, but not limited to, general liability, premise liability, product

liability, public liability, bodily injury and property damage. Said policy shall be a

combined single limit policy providing One Million Dollars ($1,000,000.00) per

occurrence, Two Million Dollars ($2,000,000.00) in the aggregate, all defense costs

and have a deductible of no more than Five Thousand Dollars ($5,000.00). Said policy

of insurance shall further list The County of Middlesex and its individual officers,

employees and agents as additional insured and provide for their contingent liability on

any claims or losses. A copy of the policy shall be delivered to Lessor. Lessee shall

obtain a written obligation from the insurers to notify Lessor in writing at least thirty

(30) days prior to cancellation or refusal to renew any policy. If the insurance policies

are not kept in force during the entire term of this lease or any extension thereof. Lessor

may procure the necessary insurance and pay the premium therefore, and the premium

shall be repaid to Lessor by Lessee immediately upon demand. Failure to procure or

maintain said insurance shall constitute a substantial breach of this lease empowering

the Lessor to terminate the lease and evict the Lessee immediately upon such

happening. This remedy shall be in addition to any other remedies provided by this

lease or by the law.


17. Prior to occupying and/or using the facility in any way, Lessee shall

purchase fire and casualty insurance on the leased premises for the term of this lease in

the amount equal to 100% of the value or replacement cost of the improvements on the

property, written by an insurer, approved by Lessor with a deductible not to

exceed $5,000.00. Lessee shall obtain a written obligation from the insurer to notify

Lessor in writing at least thirty (30) days prior to cancellation or refusal to renew any

policy. A copy of this policy shall be delivered to the Lessor. If the insurance policies

are not kept in force during the entire term of this lease, Lessor may procure the

necessary insurance and pay the premium therefore, and the premium shall be repaid to

Lessor by Lessee immediately upon demand. Failure to procure or maintain said

insurance shall constitute a substantial breach of this lease empowering the Lessor to

terminate the lease and evict the Lessee immediately upon such happening. This

remedy shall be in addition to any other remedies provided by this lease or by the law.

Lessee may, in the alternative, provided it is agreeable with Lessor, reimburse Lessor

for any costs of providing said insurance if Lessor agrees to maintain insurance on said

property.

18. The Deltaville Maritime Museum and Holly Point Nature Park Board shall

allow at least one representative of the Middlesex Board of Supervisors to attend

Museum board meetings for the purpose of serving as a liaison between the two

organizations. The attending representative may participate in the meeting but shall

have no vote.

19. Failure of Lessee to comply with each and every term and condition of this

lease shall constitute a breach of this lease. Lessee shall have thirty (30) days after


receipt of written notice from Lessor of any breach to correct the condition specified in

the notice, or if the corrections cannot be made within the thirty-day period, Lessee

shall have a reasonable time to correct the default if action is commenced by Lessee

with thirty days after receipt of this notice. Lessor shall have the following remedies in

addition to any other rights and remedies provided by the law in the event Lessee

breaches this lease agreement and fails to make corrections.

a. Lessor may reenter the premises immediately and remove the property and

personnel of Lessee, store the property in a public warehouse or in a place selected

by Lessor, at the expense of Lessee.

b. After reentry Lessor may terminate this lease on giving thirty (30) days

written notice of termination to Lessee. Without such notice, reentry will not

terminate this lease. On termination Lessor may recover from Lessee all

damages proximately resulting from the breach, including the costs of recovering the

premises and reasonable attorney’s fees.


WITNESS the following signatures and seals:

COUNTY OF MIDDLESEX

BY: _______________________________

Wayne H. Jessie, Sr., Vice Chairman

Board of Supervisors

STATE OF VIRGINIA

COUNTY OF ___________________________, to-wit:

The foregoing instrument was acknowledged before me this ______ day of

_________________________, 2015, by Wayne H. Jessie, Sr., Vice Chairman of the Board of

Supervisors of Middlesex County.

_________________________________

Notary Public

My commission expires: __________________________

THE DELTAVILLE MARITIME MUSEUM

AND HOLLY POINT NATURE PARK, INC.

BY: _______________________________

President

STATE OF VIRGINIA

COUNTY OF ___________________________, to-wit:

The foregoing instrument was acknowledged before me this ______ day of

_________________________, 2015, by __________________________ on behalf of The

Deltaville Maritime Museum and Holly Point Nature Park, Inc.

_________________________________

Notary Public

My commission expires: __________________________


SCHEDULE A

PARCEL I

All of that certain tract, piece or parcel of land, together with all wharves, buildings and

other improvements thereon, or extending therefrom into the waters of Mill Creek, and

including all riparian rights, situate, lying and being in Pinetop Magisterial District, Middlesex County, Virginia, near Deltaville, on the east side of State Route #660, which

leads from State Route #33 to Jackson's Creek and containing Seventeen and One-half (17 Yi) acres, more or less, but conveyed in gross and not by the acre. For a more

particular description as to the metes and bounds of the herein described land reference is made to a plat of survey entitled "Lot No. 1 - 17-1/2 Acres - W. B. Jackson", prepared

by R. L. Blake, Surveyor, of Middlesex County, dated January 1, 1903, which plat of survey is of record in the Clerk's Office of the Circuit Court of Middlesex County,

Virginia, in Deed Book 36, Page 294.

PARCEL II

All that certain piece or parcel of land, together with all improvements, rights, ways and appurtenances thereunto belonging, situate in Pinetop Magisterial District, Middlesex

County, Virginia, lying in Deltaville, containing 14.735 acres which is bounded and

described as follows: Beginning at a point at the intersection of State Routes #660 and

#683, said point being on the western margin of State Route #660 and the southern margin of State Route #660 and the southern margin of State Route #683; thence following State Route #683 S 79 degrees 55' 00" W 858.97' to a point where State Route #683 curves in a southwesterly direction, said curve having a radius of 16.74' and an arc of 20.22'; thence continuing to follow State Route #683 S 10 degrees 43' 00" W 349.47'

to a point where said State Route #683 curves in a southeasterly direction, said curve

having a radius of 38.75' and an arc of 33.23'; thence continuing to follow State Route

#683 S 38 degrees 25' 00" E 162.36' to a point; thence S 78 degrees 53' 00" E 369.55' to a point; thence S 81 degrees 01' 19" E 307.56' to a point; thence N 73 degrees 53' E

337.94' to a point adjacent State Route #660; thence following State Route #660 as it curves in an arc of 23.53'; thence continuing to follow State Route #660 23.53' to a

point; and continuing to follow State Route #660 N 14 degrees 16' 00" W 689.48' to a point of beginning.

PARCEL III

All that certain lot, piece or parcel of land with improvements thereon; appurtenances

thereunto belonging and riparian rights incident thereto lying and being in Pinetop

Magisterial District, Middlesex County, Virginia, on Mill Creek, a prong of Jackson Creek containing One (1) acre, more or less, designated as Lot No. 1 on a certain plat of

survey prepared by W. H. Stiff, Civil Engineer, dated October 23, 1946 and recorded in the Clerk's Office of the Circuit Court of Middlesex County, Virginia, in Deed Book 78,

Page 242, to which reference is hereby made for the metes and bounds description of the lot or parcel of land herein conveyed.


PARCEL IV

That certain piece or parcel of land, with all improvements thereon, located in Pinetop Magisterial District, Middlesex County, Virginia, near Deltaville, lying on Mill Creek and

being designated as Lot No. One on the plat of "Evwood" made on the 26th day of June, 1950 by W. H. Stiff and made part of and recorded in the Clerk's Office of the Circuit Court

of Middlesex County in Deed Book 63, at Page 373.

PARCEL V

That certain piece or parcel of land, located in Pinetop Magisterial District, Middlesex County, Virginia, near Deltaville, lying on Mill Creek and being designated as Lot No. Two

on the plat of "Evwood" made on the 26th day of June, 1950 by W. H. Stiff, C. E. and

recorded in the aforementioned Clerk's Office in Deed Book 66, Page 129. The said Grantors covenant, grant and assign free right-of-way, passage or easement to above

described Lot No. One, also to Lot No. Two, from U.S. Highway #33 over the private roadway leading to said properties. This easement, passage, or right-of-way shall be

perpetual and no act shall be done to encumber free access to above described Lot No. One, or Lot No. Two at any time.

PARCEL VI

That certain piece or parcel of land located in Pinetop Magisterial District, Middlesex

County, Virginia, near Deltaville, being in the vicinity of Mill Creek, but not fronting thereon and being designated as Parcel "A" and as Lot No. 3 on a map or chart taken from

the plat of "Evwood" made the 26th day of June, 1950, by W. H. Stiff, C.E. and recorded in the aforementioned Clerk's Office in Deed Book 79, Page 448. The said Grantors covenant,

grant and assign free right-of-way, passage, or easement and free access at any point to above described land, as Parcel "A" and Lot #3, from the 20 foot wide roadway or lane

leading from U.S. Highway #33, as shown on the hereinabove described plat. This easement, passage or right-of-way shall be perpetual and no act shall be done to encumber free and quiet

access to above described land at any time.




County of Middlesex


November 24, 2015


FROM: Matt Walker

SUBJECT: Airport Committee - Revision to By-Laws

At their meeting on November 23, the Airport Committee voted

to recommend changing their by-laws to reduce the number of Committee

members from eleven to seven.

Their seated membership is at 9, although Mr. Urban is

currently not living in the County. Chris Jones and Donald Chapman have

continued to serve although their terms officially ended in August. They

have both requested reappointment, but the Board delayed action pending a

recommendation from the Committee.

James Snider, Chairman of the Committee will be present for

the Board meeting.

BY-LAWS (with Draft Changes 7-2015)

Middlesex County Airport Committee

ARTICLE 1 - NAME AND PURPOSE

Section 1 The official name of this committee shall be the "Hummel Field Airport

Committee."

Section 2 This committee was established to advise the Middlesex County Board of

Supervisors on all matters arising from the Board's responsibilities as owner of a public

airport. Such matters include airport operations, safety, maintenance, budgeting, and

planning. The airport committee may also undertake the supervision or carrying out of

tasks necessary to keep the airport in safe and operational condition.

ARTICLE 2 - MEMBERS

Section 1 The provisions of this article shall become effective upon concurrence of

the Middlesex County Board of Supervisors.

Section 2 The airport committee shall consist of eleven seven (117) residents of

Middlesex County, who shall be appointed by the Board of supervisors. Members shall

be appointed as follows: at least one (1) from each of Jamaica, Saluda and Pinetop

districts. RemainingAll members of the Board Committee may be “At large” members,

however, efforts will be made to represent all areas of the county. Members shall be

appointed for terms of four (4) years. Members may succeed themselves.

Section 3 Any member may be removed by the Board of Supervisors for

inefficiency, neglect of duty or malfeasance in office.

ARTICLE 3 - OFFICERS AND THEIR SELECTION

Section 1 The officers of the airport committee shall consist of a Chairman, Vice

Chairman, and a Secretary.

Section 2 Nomination of officers shall be made from the floor at the regular January

meeting each year. Election of officers shall follow immediately. A candidate receiving a

majority vote of the entire membership of the committee shall be declared elected. He

shall take office immediately and serve for one (1) year or until his successor shall take

office.

Section 3 Vacancies in office shall be filled immediately by regular election

procedures.

ARTICLE 4 - DUTIES OF OFFICERS

Section 1 The chairman shall be a member of the committee and shall:

1. Preside at all meetings.

2. Appoint committees required or permitted by these by-laws.

3. Rule on all procedural questions (subject to reversal by a two-thirds (2/3)

majority vote of the members present).

4. Be informed immediately of any official communication and report the

same at the next regular meeting.

5. Carry out other duties assigned by the committee

Section 2 The vice chairman shall be a member of the committee and shall:

1. Act in the chairman's absence or inability to act.

Section 3 The secretary shall be a member of the committee and shall:

1. Keep a written record of all business transacted by the committee,

including a set of minutes of all meetings.

2. Certify all records and reports of the committee

3. Notify the County Administrator of all meetings

4. Attend to the correspondence of the committee.

ARTICLE 5 – SUBCOMMITTEES

Section 1 Subcommittees may be appointed by the chairman as he may deem

necessary with the approval of the majority of airport committee members for purposes

and terms approved by the committee.

ARTICLE 6 – MEETINGS

Section 1 Regular meetings shall be held on the fourth Monday of Odd numbered

months at the Hummel Field Terminal Building, Topping, Virginia. Meetings shall

commence at 7:30pm7:00 p.m..

Section 2 Special meetings may be called by the chairman. Special meetings shall be

called by the chairman upon written request by 4 or more members. Such request shall

specify the date, time, place, and purpose of the special meeting. The secretary shall see

to the notification to all members, at least five (5) days in advance of a special meeting,

by written notice, including electronic mail, fixing the date, time, place and purpose

thereof. Written notice of a special meeting is not required if the date of such meeting

was fixed at a regular meeting.

Section 3 All meetings shall be open to the public.

Section 4 A majority of the membership of the committee shall constitute a quorum.

The number of votes necessary to approve any action shall be a majority of the quorum.

Voting may be by roll call, in Which case a record shall be kept as a part of the minutes.

ARTICLE 7 - ORDER OF BUSINESS

Section 1 The order of business for a regular meeting shall be:

1. Call to order by Chairman.

2. Determination of a quorum.

3. Reading of minutes.

4. Reports of standing committees.

5. Reports of special committees.

6. Unfinished business.

7. New business.

8. Adjournment.

Section 2 Motions shall be restated by the chairman before a vote is taken. The

names of persons making and seconding motions shall be recorded.

Section 3. Parliamentary procedure in committee meetings, in matters not governed

by these by-laws, shall be governed Robert’s Rules of Order.

Section 4. A tie vote on any motion before the committee shall defeat such motion.

ARTICLE 8 – AMENDMENTS

Section 1 These by-laws may be changed by a recorded two-thirds (2/3) vote of the

entire membership after thirty (30) days prior notice.

Adopted by Middlesex County Board of Supervisors to be effective September 1, 1981

Amended July 17, 1985 changing the meeting date and time to the fourth Monday of odd numbered months

at 7:30 P.M.

Amended and readopted by the Middlesex County Board of Supervisors April 7, 2009.

AIRPORT COMMITTEE

DISTRICT APPT TERM ENDS

former Monica Sanders (on Wetlands Board)

At-Large 8/7/12 8/31/16

Former William C. Kurz (moved out of State) At-Large 10/2/12

8/31/15

Dick Urban (currently living in Richmond) At-Large 8/7/12

8/31/16

Chris Jones

P. O. Box 508

Urbanna, VA 23175 [email protected]

758-5053, 445-5108 cell

Saluda

7/5/11

8/31/15

Donald Chapman

1108 Zion Branch Road

Saluda, VA 23149 cell 694-7264

758-3059H [email protected]

Jamaica

7/5/11

8/31/15

James M. Barnhardt, III, Vice Chairman

352 Woodport Lane

Hartfield, VA 23071 725-6157 cell

W-758-2753; H-776-6115,

[email protected]

Hartfield

8/7/12

8/31/16

G. Les Hockman

P. O. Box 963

Deltaville, VA 23043

H-776-7352; cell 357-7920;

[email protected]

Pinetop

8/6/13

8/31/17

John Chris Moffatt, Secretary

48 Cox Landing Rd

Topping, VA 23169

804-513-7954; [email protected]

Harmony Village

8/4/13

8/31/17

Randy C. Coulson

P. O. Box B

Urbanna, VA 23175

cell 370-4408

H-758-2115,[email protected]

At-Large

7/1/14

8/31/18

R. E. Fisher, II

P. O. Box 1184

Urbanna, VA 23175

H-758-0217; cell 804-370-4066;

[email protected]

At-Large

7/1/14

8/31/18

Jim Snider, Chairman

P. O. Box 1

Topping, VA 23169

H-758-1051, cell 804-363-6641 [email protected]

At-Large

7/1/14

8/31/18

John D. Miller, Jr.

P. O. Box 40

Locust Hill, VA 23092

H-758-5652

[email protected]

Board of

Supervisors

1/14 12/31/15

mailto:[email protected]





Memorandum of Understanding (MOU) between

Middle Peninsula Planning District Commission for the

Middle Peninsula Chesapeake Bay Public Access Authority (MPCBPAA) and

Middlesex County regarding the outcomes and products of the

Middle Peninsula Public Access Master Plan project

This Memorandum of Understanding (MOU) outlines the terms of agreement between the

Middle Peninsula Planning District Commission (MPPDC staff) and Middlesex County

concerning the outcomes and products of the Middle Peninsula Public Access Master Plan

project.

Background

As traditional water access points have been built upon, fenced off, posted “No Trespass”, or

purchased by new owners unwilling to continue old patterns of public access uses, in 2000, the

Middle Peninsula Planning District Commission (MPPDC) directed staff to develop a regional

strategy to manage and preserve public access and to seek enabling legislation to form a special

purpose political subdivision for the sole purpose of protecting the public’s right to access public

waterways. Consequently enabling legislation was created, introduced, and passed for the

development of the Middle Peninsula Chesapeake Bay Public Access Authority (MPCBPAA).

Since the creation of the MPCBPAA in the 2003, Middle Peninsula localities have been

diligently working to assess and improve public access to adjacent water bodies throughout the

region. While annual successes are captured within local newsletters, newspapers, and

sporadically in Virginia Coastal Zone Management final reports, there is need for a more

comprehensive regional public access master plan cataloging of MPCBPAA’s efforts, local &

regional successes, and land use tools and policies that have enhanced public access to the water.

Scope of Work

In an effort to create a regional public access master plan, MPPDC staff has been funded by the

Virginia Coastal Zone Management Program (VCZMP) to focus on three tasks: (1) Research and

inventory current public access policies within Middle Peninsula localities, (2) Organize polices,

tools, and regional case studies for PAA owned lands, and (3) Develop a Middle Peninsula

Master Plan within a digital format.

As MPCBPAA staff works through these tasks, Middlesex County was selected to serve as a

pilot to both explore how to inventory and assess local public access sites and how to best align

local polices with regional goals and objectives being implemented by the MPCBPAA.

Middlesex will receive four (4) products that are being funded through a variety of sources, each

with a restriction on final deliverables.

Middlesex Products

(a.) Public Access Survey – A survey will assess public perceptions of public water access sites

within Middlesex County. The survey was previously circulated with Middlesex County staff

and elected officials for review and comment. The survey results will be used to understand how

the public feels about public access and issues/concerns and opportunities for specific public

access sites. This survey will be published through Survey Monkey and available to the public

for up to three months. MPPDC staff will coordinate with local papers to encourage public

participation. This product is part of the VCZMP Grant to the MPPDC.

(b.) Site Assessment - MPPDC staff will conduct site assessments of prioritized public access

sites selected by Middlesex County, to include:

Canoe House

Wake Beach

Jackson Creek

Fairfield Landing

Rappahannock River Bridge Site

Healy Creek Site, owned by the PAA

The assessment will utilize the baseline site assessment methodology being developed as part of

the VCZMP Grant to the MPPDC. In part the assessment will include recommendations for

potential highest and best uses for each site, an explanation of the pros and cons of each

recommendation, as well as suggested strategies to advance recommendations. To assist in the

completion of these site assessments, Middlesex County staff will gather property deeds going

back 50 years to determine ownership and property encumbrances which may determine site

assessment recommendations.

MPPDC staff will leverage in-place services provided to PDC member jurisdictions under the

Middle Peninsula’s Rural Transportation Program (RTP), administered through Virginia

Department of Transportation (VDOT). This program is intended to assist localities with land

use and transportation planning, such as road ending research. Where applicable, VDOT RTP

funding will be used for the assessment of sites.

(c.) Policy Inventory - MPPDC staff will research and develop an inventory of all local policies

and ordinances that currently influence how the public gains access and/or is restricted access to

the water’s of the Commonwealth. This will include a search of all County Ordinances

http://www.co.middlesex.va.us/index_ordinances.html. This analysis will allow Middlesex

County to more comprehensively understand current policy gaps and needs.

(d.) Working with a Virginia University - With funding provided directly from Middlesex

County ($5,000 cash) and in kind contribution of staff time, to either the MPPDC or the

MPCBPAA or directly to a Virginia University, MPPDC staff will negotiate a scope of work

with a Virginia University to complete a detailed assessment (using the baseline site assessment

methodology developed for this project) of public access sites selected by Middlesex County. It

is understood that many sites will encounter a major barrier to future development or expansion

(i.e. no parking available, no potential surrounding land for expansion, insufficient water depth,

etc.). When encountered, the students will notify MPPDC staff and request permission to

advance to the next site after documenting their findings as well as other potential options (i.e.

undeveloped land adjoining the site could be acquired etc.). Site assessment standards for the

Middlesex Sites will also serve as a regional template for evaluating public access sites across

the region. The board would like to engage these services to get an informed outside prospective

as to which site has potential for further investment and which site should be considered for

dispossession.

http://www.co.middlesex.va.us/index_ordinances.html

Timeframe of Grant This project will begin October 1, 2015 and will end September 30, 2016.

Budget Detail This project will be principally funded through the Virginia Coastal Zone Management Program

grant. Middlesex County is committed to providing at a minimum $2,500 of in-kind services

(including, but not limited to deed research, map production, determining property lines, local

policy review) to work with MPPDC staff as well as an additional $5,000 cash to compensate

university students that will complete the assessment.

Agreement Middlesex County (i.e. County Staff and Board of Supervisors) will work with MPPDC staff

/MPCBPAA to shape and refine public access policies and needs within the County to provide a

clear vision for public access within the locality now and in the future.

Upon execution of this MOU by Middlesex County, a signed copy shall be returned to the

MPPDC on behalf of MPCBPAA.

Accepted by:

Middlesex County ________________________________________________

By: __________________________________ _________________

Date

Print Name/Title ___________________________

Middle Peninsula PDC/Middle Peninsula Chesapeake Bay Public Access Authority

By: __________________________________ ___11/24/2015_______

Lewis Lawrence, Staff Date

Middle Peninsula Planning District Commission, Middle Peninsula Chesapeake Bay Public AccessAuthority and Middlesex County are working to better understand public access needs and largerwaterfront conflicts that may be occurring along the shoreline of Middlesex County. The “CoastalAccess Survey” is designed to gather this information.

We are interested in your perspective and experience on a variety of topics, including how youaccess public lands, beaches and waterways, waterfront conflicts you may have experienced,working waterfront infrastructure problems and thoughts you might have about improving accessto the waters from Middlesex County. We plan to use survey responses to broadly outline thescope of current access challenges in Middlesex County, including how the public feels aboutexisting publicly owned public access sites. This information will be used to inform and set futurepublic policy, evaluated site retention and expansion, and to help qualify for future grant fundingopportunities.

Definitions: For the purpose of this survey, "coastal access" is defined as any means by which you reach theshoreline of a navigable waterway to engage in a water-based activity. This includes commercial,recreational, subsistence, educational, and/or research activities. "Access" may include directaccess across public lands (beaches, coastal trails, water trails); access through public facilities orprivate enterprises requiring fees (such as port landings, marinas, stacked storage units, hoists,marine railways, and launch ramps); or access through membership organizations (such as yachtclubs and other private clubs). Condominium moorage where slips may be sub-let to non-ownersalso will be considered as "access" for the purpose of this survey.

Excluded from this definition are private facilities with no provision for non-owners to access theadjacent shore or waterway (rental or condominium apartments with occupant- or association-owned beachfront or moorage, for example).

A boater includes users under power, sail, paddle and any other means of propulsion.

A mooring field is an organized area where mooring buoys are installed and vessels of all sizes andtypes can moor.

A mooring buoy is a floating buoy attached to the river bottom by a chain or cable where it has theleast amount of interference with the river bottom. Boats tie up to a mooring buoy.

Waterways of Middlesex County include the following: Piankatank, including the Dragon Run andRappahannock Rivers and small creeks, harbors and havens of Middlesex that drain into theChesapeake Bay. Defining “navigable waterway” is very complex, but well defined by the U.S.Supreme Court. For the purposes of this survey, navigable water is defined as “at a minimum,being able to float a canoe up to the ordinary low water line."

Middlesex County, Virginia Coastal Access Survey 2015

Any personal information we collect from you during this survey will remain anonymous.

Please note, questions marked with an asterisk are critical to this survey and answers are required.

Virginia Zip Code

General community namewhere you live

1. Participant Information:*

2. Is access to the waterways of the Commonwealth from Middlesex County a concern to you?*

Yes

No

3. How long have you been a resident of or property owner in Middlesex County?*

Less than 5 years

5-10 years

10-25 years

more than 25 years

Not a resident of or property owner in Middlesex County

4. Please indicate which category(ies) best describes you (check all that apply).*

Private or recreational boater

Private or recreational angler

Other private or recreational user

Tour business or charter operation owner/employee

Other water-dependent business owner/employee

Waterfront land owner

5. How do you primarily use the waterways or shorelines in Middlesex? (Check all that apply)*

Fishing

Boating

Swimming

Sun-bathing

Hunting

Walking/Hiking

Birding

Public Fishing Pier

Waterfront land owner

Other (please specify)

6. If a boater, what type of boating do you primarily enjoy?

power boating

sailing

kayaking/canoeing

paddle boarding


7. If a boater, how do you gain access to the water?

I lease or own a boat slip

I lease dry storage for my boat

I have direct private access

I trailer my boat


8. If a boater, how far do you typically drive to launch your boat?

Less than 5 miles

5-15 miles

15-30 miles

30-60 miles

more than 60 miles

Do not drive

If yes, how much do you typically pay?

9. If a boater, do you ever pay to launch your boat?

Yes

No

If yes, where? What caused the loss?

10. If a boater, have you lost access to a boat launch site in Middlesex County in the past 5 years?

Yes

No

This portion of the survey focuses on your concerns and asks questions regarding Public Boat Ramps; Public Beaches/Swimming;Public Fishing Piers/Fishing from the Shore; Boat Slips; Commercial Seafood Operations/Working Waterfront; and Mooring Sites forthe County as a whole.

11. What specific condition(s) are you most concerned about? (check all that apply)*

Lack of boat ramps

Lack of beach access

Lack of commercial fish houses

Lack of charter boat activity

Lack of safe swimming areas

Lack of public municipal slips

Lack of public fishing piers

Lack of public or private boat slips for transients (short-term use)

Lack of managed, maintained, policed and operated sites


12. What do you see as being the biggest threat to access to the waterways of the Commonwealth fromMiddlesex County by the public? (check all that apply)

*

Sea level rise (meaning that beaches and access points will become submerged under water)

Loss or conversion of existing access sites to private ownership

Coastal destruction due to storms and other hazards

Overall lack of public water access sites

Lack of funding from the Commonwealth for or provision of access facilities

Lack of financial support from Middlesex County or the Middle Peninsula Chesapeake Bay Public Access Authority for orprovision of access facilities


13. What would your preferred type of public access be?Rank order from 1 (most preferred) to 6 (least preferred)

Boat ramps with adequate parking for multiple users

Public beaches with adequate parking for multiple users

Public Parks with waterviews and adequate parking for multiple users

Fishing Piers

A network of access sites for paddling

A network of small, special purpose access sites (i.e. hunting blinds, birding and hiking)

14. If you have another preferred type of public access, please describe.

Comments

15. Should Middlesex County provide public access sites for different users group that utilize access fordifferent purposes, such as small sites with limited reserved parking spots to control the level or intensity ofuse such as passive recreational use for paddle boarders, bird watchers and kayakers.

Yes

No

Comments

16. Should the Middle Peninsula Chesapeake Bay Public Access Authority provide public access sites fordifferent users group that utilize access for different purposes, such as small sites with limited reservedparking spots to control the level or intensity of use such as passive recreational use for paddle boarders,bird watchers and kayakers.

Yes

No

17. Should the Commonwealth of Virginia provide public access sites for different users group that utilizeaccess for different purposes, such as small sites with limited reserved parking spots to control the level orintensity of use such as passive recreational use for paddle boarders, bird watchers and kayakers.

Yes

No

Comments

18. Public Boat RampsRank order from 1 (biggest problem) to 6 (smallest problem)

Ramps are closing or being replaced for carry-on boats

Ramp sites lack adequate parking

There is not enough access to serve all users

Ramp conditions are deteriorating and not being improve

The wait time at ramp is too long or multiple ramps needed

General need for more ramps in more areas

19. What is the more important priority to you? (check one)*

Improvement/expansion of existing public boat ramps and parking

Construction of new public boat ramps and parking


Body of Water

Closest street/route andgeneral location

20. Where would you like to see a new public boat ramp in Middlesex?

21. Public Beaches/SwimmingRank order from 1 (biggest problem) to 4 (smallest problem)

Public access sites lack parking

There are not enough public beach access sites

Lack of public facilities (rest rooms, picnic tables, grills, etc) at beach sites

Lack of property regulation, operation, and management (hours of operation, enforcement, trash pickup,

security, etc) of beach sites

22. Public Fishing Piers and Fishing from the ShoreWhich of the following problems do you experience most often?

On-shore fishing locations have turned to private ownership or private owners now forbid fishing use

Is not available in areas where good fishing grounds exist

Was never available

23. Boat SlipsRank order from 1 (biggest problem) to 4 (smallest problem)

Have been priced above market value

Are being demolished

Are not available

Cannot be accessed due to shoaling

24. Commercial Seafood Houses (Traditional Working Waterfront)Rank in order from 1 (biggest problem) to 6 (smallest problem)

Are being replaced by private development

Property tax is too high for watermen to retain the property

Not enough catch for watermen to make a living

Not enough workers/labor force available (crab pickers, oyster shuckers, dockhands, etc.)

County regulations inhibit use or development

Commonwealth of Virginia regulations inhibit use or development

25. Do you believe that the loss of access for water-dependent commercial activity would have negativeconsequences for Middlesex?

Yes

No

26. Do you believe that the loss of access for water-dependent recreational activity would have negativeconsequences for Middlesex County?

Yes

No

27. Should public and private partnerships be established to ensure the preservation of working waterfrontinfrastructure, such as docks, wharves, marinas and boatyards, and other facilities?

Yes

No

28. What working waterfront infrastructure in Middlesex do you think should be protected?

29. What areas of Middlesex have a historic connection to working waterfronts?

30. What improvements need to be made to existing working waterfront infrastructure?

31. Should there be public mooring fields available in appropriate locations?

Yes

No

32. Who should use public mooring fields?

Commercial watermen only

Recreational boaters only

First come - First serve

33. Should public mooring fields be rented for long term use?

Yes

No

The final section of questions focuses on possible policy actions and tools, such as limiting the use of an access site to a particulargroup of users, possible means of creating new sites, and/or requiring fees for the use of a given site.

34. What tools do you think Middlesex County government should investigate to protect public access tothe waterways the Commonwealth from Middlesex? (check all that apply)

*

Transfer of development rights (protect key sites from development or conversion)

Public financing dedicated to working waterfronts or public access

Fees or other taxation options (for special projects like dredging, new boat ramps, or land acquisition)

Zoning (to protect and manage land and water uses)

Encouraging private donations (land and funding) for the protection of public access

Working with property owners to save working waterfronts through easements or other partnerships

Developing laws and regulations for the protection of public access

Developing better management and operation models from public access areas

Don't know


35. Should Middlesex County government do any of the following? (Check all that apply)*

Track public and private access (maps and information available for public use)

Have information online dedicated to public access issues

Educate the public on access issues

Fund capital investments such as public wharves

Fund research on causes for diminishing access

Establish legislation for protecting access

Facilitate community planning that addresses multiple uses of waterways

Facilitate better management and operation of public access areas

Don't know

36. If fees were instituted for the use and maintenance of public access sites, which of the following shouldbe included?

*

A pass system for annual or seasonal use

One-time use fee

Higher fee for non-local in-state residents

Higher fee for out-of-state residents

Fee based on parking only

I am opposed to fees

Don't know

37. Should different user groups have access to all sites?

Yes

No

38. For whom is Middlesex providing access?

Residents

Commercial users

Transients/tourists

Why or why not?

39. Would you consider selling, leasing, or receiving some other compensation in exchange for creatingpublic water access on your land?

Yes (Please call 804-758-2311 to discuss further)

No

The following questions are about specific publicly owned access sites in Middlesex County.

40. Of the known publicly owned access sites listed below, please select all sites that you have used in thepast for public access (from the water to the land or from the land to the water).

Route 3 - Greys Point Landing/Norris Bridge Beach

Route 603 - Dragon Run

Route 605 - Canoe House Landing Beach

Route 608 - Mill Stone Landing and ramp

Route 618 - Oakes Landing and ramp

Route 621 - Locklies Landing and County dock

Route 626 - Upper Mill Creek Landing and ramp

Route 627 - Garlands Landing / Mill Wharf Rd Landing/ Wake Beach

Route 628 - Mill Creek Lower Landing

Route 630 - Stamper’s Bay Landing and ramp

Route 631 - North End Landing and ramp

Route 634 - Whiting Creek Landing and ramp

Route 636 - Broad Creek Landing / County Dock in Timberneck

Route 651 - Harry George Creek Landing

Route 655 - Twiggs Ferry Landing

Route 661 - Quarter Landing

Route 708 - Fairfield Landing

Route 1101 - Jackson Creek Landing / Lovers Lane State Dock

Town of Urbanna Marina

Public Access Authority Kennsbury Road Tract

Watson’s Landing (Off of State Route 617)

41. Of the County owned sites listed below, how do you use these sites and what problems have youexperienced at these sites?


Route 621 - Locklies Landing and County Dock

Route 631 - North End Landing and ramp


Route 636 - Broad Creek Landing / County Dock on Timberneck



42. Of the Virginia Department of Transportation (VDOT) and or Department of Game and Inland Fisheries(DGIF) controlled sites listed below how do you use these sites and what problems have you experiencedat these sites?

Route 3 - Greys Point Landing / Norris Bridge Beach





Route 627 - Garlands Landing / Mill Wharf Road landing/ Wake Beach

Route 628 - Mill Creek Road Lower Landing





Route 1101 - Jackson Creek Landing / Lovers Land State Dock

43. Regardless of public ownership, of the sites listed below, what sites should be considered for closureand why?

Route 3 - Greys Point Landing / Norris Bridge Beach







Route 627 - Garlands Landing / Mill Wharf Road Landing / Wake Beach

Route 628 - Mill Creek Road Lower Landing


Route 631 - North End Landing


Route 636 - Broad Creek Landing / County Dock on Timberneck





Route 1101 - Jackson Creek Landing / Lovers Lane State Dock


Route 3 - Greys PointLanding/Norris BridgeBeach

Route 603 - DragonRun

Route 605 - Canoe HouseLanding Beach

Route 608 - Mill StoneLanding and ramp

44. Of the sites overseen by VDOT, DGIF, and or owned by the County listed below, please describethe top two or three uses you believe could be accommodated at each site? (i.e. bank fishing and kayaklaunch or trailer boat launch and picnicking or birding, swimming, off loading of seafood, etc.)

Route 618 - OakesLanding and ramp

Route 621 - LockliesLanding and County dock

Route 626 - Upper MillCreek Landing and ramp

Route 627 - GarlandsLanding / Mill Wharf RdLanding / Wake Beach

Route 628 - Mill Creek RdLower Landing

Route 630 - Stamper’sBay Landing and ramp

Route 631 - North EndLanding

Route 634 - Whiting CreekLanding and ramp

Route 636 - Broad CreekLanding/ County Dock onTimberneck

Route 651 - Harry GeorgeCreek Landing

Route 655 - Twiggs FerryLanding

Route 661 - QuarterLanding

Route 708 - FairfieldLanding

Route 1101 - JacksonCreek Landing/ LoversLane State Dock

Public Access AuthorityKennsbury Road Tract

Watson’s Landing (Off ofState Route 617)

Route 3 - Greys PointLanding/Norris BridgeBeach

Route 603 - DragonRun

45. Of the sites overseen by VDOT, DGIF and/or owned by the County listed below, please describe anyconcerns you have or limiting factors that should be reviewed, researched or addressed

Route 605 - Canoe HouseLanding Beach

Route 608 - Mill StoneLanding and ramp

Route 618 - OakesLanding and ramp

Route 621 - LockliesLanding and County dock

Route 626 - Upper MillCreek Landing and ramp

Route 627 - GarlandsLanding / Mill Wharf RdLanding / Wake Beach

Route 628 - Mill Creek RdLower Landing

Route 630 - Stamper’sBay Landing and ramp

Route 631 - North EndLanding

Route 634 - Whiting CreekLanding and ramp

Route 636 - Broad CreekLanding/ County Dock onTimberneck

Route 651 - Harry GeorgeCreek Landing

Route 655 - Twiggs FerryLanding

Route 661 - QuarterLanding

Route 708 - FairfieldLanding

Route 1101 - JacksonCreek Landing/ LoversLane State Dock

Public Access AuthorityKennsbury Road Tract

Watson’s Landing (Off ofState Route 617)

Please explain why?

46. Of the sites overseen by VDOT, DGIF and/or owned by the County listed below, and assumingadequate parking exists, what sites should have bathrooms and/or porta potty available and why?

Route 3 Greys Point Landing/Norris Bridge Beach

Route 603 Dragon Run

Route 605 Canoe House Landing Beach

Route 608 Mill Stone Landing and ramp

Route 618 Oakes Landing and ramp

Route 621 Locklies Landing and County dock

Route 626 Upper Mill Creek Landing and ramp

Route 627 Garlands Landing / Mill Wharf Rd Landing / Wake Beach

Route 628 Mill Creek Rd Lower Landing

Route 630 Stamper’s Bay Landing and ramp

Route 631 North End Landing

Route 634 Whiting Creek Landing and ramp

Route 636 Broad Creek Landing/ County Dock on Timberneck

Route 651 Harry George Creek Landing

Route 655 Twiggs Ferry Landing

Route 661 Quarter Landing

Route 708 Fairfield Landing

Route 1101 Jackson Creek Landing/ Lovers Lane State Dock




47. Recognizing that many of the public access sites overseen by VDOT and or owned by the County aresmall and limited. If the county was to consider new tools to help manage these public access sites, whichof the following tools do you believe should be considered.

All publically owned sites should be clearly demarcated to show where public land is, including signage for all sites

Fee based system- a.k.a. pay to use

Reservation systems to limit who can access sites and for what purpose

Parking ordinances: Manage overcrowding by limiting the available parking spaces and then invoke significant fines.

Fee for Parking, reservation based parking, etc.

Hiring of local staff to daily manage site issues

Empower neighborhood committees to address public access violations on site- One strike your are done model

Master Plan for every publicly owned site that speaks to why and how the county will manage the site etc.

Please explain why the use of managed access is not appropriate to ensure that the site remains public and open?

48. Assuming that appropriate types of management approaches to reduce conflict have beenimplemented, including: fee based reservation systems, parking ordinances, hiring of staff to manage dailysite issues etc. of the sites owned or overseen by VDOT, DGIF, County or Public Access Authority listedbelow, what sites should be considered for closure and sold.

Route 3 - Greys Point Landing/Norris Bridge Beach







Route 627 - Garlands Landing / Mill Wharf Rd Landing / Wake Beach

Route 628 - Mill Creek Rd Lower Landing

Route 630 - Stamper's Bay Landing and ramp

Route 631 - North End Landing


Route 636 - Broad Creek Landing/ County Dock on Timberneck





Route 1101 - Jackson Creek Landing / Lovers Ln. State Dock



49. You have completed the survey. Thank you for your time. If you'd like to submit additional comments,please use the box below.

APPROPRIATION

REQUEST FORM

FY 2016 - 23

REVENUE

FUND ACCOUNT AMOUNT

3-1 24040-1080 $10,000.00

PPEA Fees

EXPENSE

FUND ACCOUNT AMOUNT

4-1 12060-3003 $10,000.00

Public Safety Radio

PURPOSE: Appropriation of Detailed Review Fee from Harris Corporation

PERSON MAKING REQUEST: Matt Walker

DATE OF ACTION: 12/1/2015 TYPE OF ACTION:

VOTE:

Elizabeth Hurd

Robert LeBoeuf

Peter Mansfield

John D. Miller, Jr.

Wayne H. Jessie, Sr.

APPROPRIATION

REQUEST FORM

FY 2016 - 24

REVENUE

FUND ACCOUNT AMOUNT

3-1 24040-1042 $11,049.75

VDEM-EOC Grant

EXPENSE

FUND ACCOUNT AMOUNT

4-1 36050-5504 $9,299.76

Training

4-1 36050-7001 $1,749.99

Emergency Services Equipment

PURPOSE: Appropriation of grant monies used for training and equipment

PERSON MAKING REQUEST: Marcia Jones


VOTE:

Elizabeth Hurd

Robert LeBoeuf

Peter Mansfield

John D. Miller, Jr.


APPROPRIATION

REQUEST FORM

FY 2016 - 25

REVENUE

FUND ACCOUNT AMOUNT

3-1 23020-0052 $21,480.00

Reimbursement - Off Duty Deputies

EXPENSE

FUND ACCOUNT AMOUNT

4-1 31020-1010 $21,480.00

Off Duty Security

PURPOSE: Payment from Town of Urbanna for Security of Oyster

Festival

PERSON MAKING REQUEST: Marcia Jones


VOTE:

Elizabeth Hurd

Robert LeBoeuf

Peter Mansfield

John D. Miller, Jr.





County of Middlesex


November 24, 2015


FROM: Matt Walker

SUBJECT: Phase 2 Jackson Creek Dredging Request

As was briefly discussed at the November 4th Board meeting, Keith Ruse

with the Deltaville Boatyard recently contacted us with regard to the phase 2

maintenance dredging needed within the Jackson Creek Channel. As the

Board will recall, this is a Corps channel and the phase 1 emergency dredge

was completed in 2012. This consisted of areas near the mouth and bend of

the channel. This phase two project consists of dredging areas between Buoys

9 and 7.

When the entrance channel was emergency dredged in 2011 the areas

mentioned above were referred to as phase 2 of the dredge plan for Jackson

Creek entrance channel. At the time of the emergency dredge the Army

Corps, VMRC, DEQ agreed to a maintenance dredge permit assuming that

the same dredge methodology was used in phase 2 as phase 1. No permit was

required by Middlesex Wetlands Board.

As described in the Middle Peninsula Shallow Water Dredging Plan

Framework strategy for dredging sustainability (Copy attached), the 2012

emergency dredge project was a public - private hybrid approach which has

proven to be a successful method to complete such projects. The dredge in

2012 (phase 1) removed approximately 7000-9000 cubic yards of sand at a

price of about $112,000.00 that included a 5% contingency. This amount was

funded through the following sources:

a) State Port Authority Grant $78,750.00

b) Middlesex County local match $13,125.00

c) Private local match $13,125.00


Also, Deltaville Boatyard provided the mobilization and the spoil removal

access site at no charge and has verbally agreed to do so again. Attached are

condition surveys of Jackson Creek performed in September 2011 and again

in October 2013 after the emergency dredge was completed.

With regard the phase 2, there appears to be increasing encroachment on the

Federal channel dimensions between channel markers #9, #7, and ,#5. The

nominal width in these areas is 60', the nominal depth is 8'. At this time the

channel is about 30' wide at the nominal depth. The scope of the phase 2

maintenance dredge plan for Jackson Creek would roughly require removal of

approximately 5000-6000 cubic yards of high quality white beach sand to

restore the channel to safe boating access for the recreational and commercial

vessels that transit this channel. Attached is the latest published survey of

Jackson Creek entrance channel dated 11-11-2014. Keith Ruse has spoken

with Douglas Stamper from ACE and this is the most recent survey that has

been published. The survey indicates the problem areas in the channel

between Green day mark #9, #7, and #5.

Keith and I toured the area by boat on Saturday 11-22-15, around 10am.

Keith’s depth finder registers 3 foot depths in places along this stretch of

channel. Further, based upon Keith’s conversations with the Corps, it sounds

like our previous permits will cover the maintenance dredge with the possible

need to adhere to a new Corp section 408 requirement. I plan to meet with

Ruse and Corps representative, hopefully before Christmas to review the

project.

On a related matter, the placement of the temporary marker buoy green # 5

appears to be offset some 30 yards into the actual channel. Keith and I

reviewed that as well while touring the area. This mark needs to be moved to

its proper location to allow easier access to the creek. It is my understanding

that the Coast Guard has been notified and not followed up on a request to

locate the marker in its proper location. I intend to call and send a letter to

our local Coast Guard station to see if we can remedy this as soon as possible.

Middle Peninsula Shallow Water Dredging Master Plan Proposed Components for Development

3/10/2010 Virginia CZM Project

Page | 1

Middle Peninsula Shallow Water Dredging

Master Plan Framework A strategy for dredging sustainability

Submitted by

Lewis L Lawrence April 22, 2010

Middle Peninsula Chesapeake Bay Public Access authority

This project was co-funded by Virginia Sea Grant- Coastal Communities and Development Program and the Virginia Coastal Zone Management Program at the Department of Environmental Quality through Grant #NA FY07 #NA07NOS4190178 of the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, under the Coastal Zone Management Act of 1972, as amended. The views expressed herein are those of the authors and do not necessarily reflect the views of the U.S. Department of Commerce, NOAA, or any of its sub agencies Although this report has been used by the Middle Peninsula Chesapeake Bay Public Access Authority (MPCBPAA), no warranty, expressed or implied is made by the MPCBPAA as to the accuracy or application of the materials, nor shall the fact of distribution constitute any such warranty; and no responsibility is assumed by the MPCBPAA in connection herewith.



Page | 2

Introduction and Summary Navigable channels are pivotal to the use and enjoyment of docks, marinas, boat yards, yacht brokers and eateries. Water borne traffic has been at the heart of Middle Peninsula waterways since becoming home to its earliest settlers. This project will begin the process of identifying and discussing the issues and framework necessary to establish a Middle Peninsula Regional Dredging and Sediment Management Plan (D & S Plan). A sustainable dredging and sediment master plan will be developed from the following components which include:

Identification of regional and local dredging and sediment management needs

The costs and potential funding mechanism for dredging projects

The feasibility, nature and form of inter-municipal cooperation

A methodology and process for determining dredging priorities and scheduling

Feasibility and requirement for expedited permitting

Alternative for ownership, control and operation of dredging equipment.

Consideration of ecosystem restoration through the beneficial use of dredged material, incorporating dredging Sections 202 and 701 of the Chesapeake Bay Executive Order call on Federal agencies to expand public access to waters and open spaces of the Chesapeake Bay and its tributaries from Federal lands and conserve landscapes and ecosystems of the Chesapeake Bay watershed.

The primary focus of this investigation is on the rivers, creeks, harbors, and embayment’s draining from the Middle Peninsula into the Chesapeake Bay. However, the solutions developed should be applicable and transferable to all Chesapeake Bay communities. In preparation of and with full anticipation that the US Army Corps of Engineers (ACE) will no longer be available for local waterway dredging, the Middle Peninsula must address the economic impact and needs of shallow water dredging and sediment management and determine how to accomplish and fund a Plan. It is believed that by study of these issues the Middle Peninsula region will be assured timelier, cost effective and adequate maintenance dredging of the waterways of the Middle Peninsula. The development of a Middle Peninsula Regional Dredging and Sediment Master Plan (D & S Plan) will allow for continuing economic activity by improving the use of Middle Peninsula waterways and, more importantly, promote further economic, commercial and recreational use of the Middle Peninsula. Dredging Needs and Economic Impacts The first step in the Plan development is to identify the dredging and sediment needs in the geographic area of impact, namely the counties of Essex, Gloucester, King and Queen, King William, Mathews, and Middlesex including the Towns of Tappahannock, Urbanna, and West Point. This will include gathering information from site visits, interviews with public officials, marina operators, yacht clubs and marine contractors as well as a review of Town and County files and a review of the US Army Corps of Engineers regulatory permit files. Emphasis should be placed upon the physical configuration of the channels, the



Page | 3

type and level of use, size of vessels, sediment physical characteristics and chemical quality and the past dredging experience including the sponsoring entity, frequency, amounts and disposal. The primary focus of this investigation is on the rivers, creeks, harbors and embayment’s draining from the Middle Peninsula into the Chesapeake Bay, a universe of 50-75 different potential dredging areas of need or recreational and or commercial style dredging project. Areas could be categorized as primary, secondary (including smaller tributaries and unmarked channels) or tertiary based on traffic volume and economic impact (public launches and docks and marinas). Private channels and private docks will likely continue to depend on private funding for dredging needs. The economic impacts of scheduled maintenance dredging and the existence of a single responsible entity are difficult to accurately estimate. It is clear, however, from a number of objective measures that the existing economic activity represented by recreational boating, commercial fishing and the potential economic development potential associated with the existence of good marine facilities are substantial. Program Organization The Middle Peninsula/Chesapeake Bay Public Access Authority (MPCBPAA) has been identified as the lead organization to identify a potential plan and organization for a regional D&S management program. Potential D & S program organization may include one of the following or a combination of:

Traditional Army Corps of Engineers (ACE) model

Public centralized approach: establish a dredging authority

Decentralized approach: private citizens

Hybrid of each of the above Dredging Priorities and Scheduling Traditional/Historic Approach As in the past, Army Corps of Engineers establishes dredging priorities. Scheduling is determined primarily on the basis of necessity, as evidenced by past dredging history and vessel traffic for identified channels. A schedule is then developed for all channels identified for maintenance. The schedule will include the channel to be dredged, the frequency of dredging, and an estimate of the amount of dredging necessary. Permitting for D & S is centralized using this approach. However, it is unlikely that federal funding will be provided to maintain all but the most heavily trafficked, or primary waterways. Historically, ACE has not dredged smaller tributaries or unmarked channels. It is unlikely that they will be included in future D & S scheduling through ACE. Therefore, some plan will need to be identified to provide a D & S schedule for these secondary waterways. Public Centralized Approach Requires a centralized dredging authority to provide project accountability and to facilitate and properly manage regulatory permitting. The authority will also provide administrative support (accounting, contracting, payroll and human resources). The public centralized model will look to evaluate the region



Page | 4

as a whole and coordinate the timing between projects and establish locations to maximize the sediment spoil (new sand for erosion control, create new islands, etc.), as well as coordinate multiple projects in the same area. D & S needs will determine whether or not it will be advantageous to perform dredging operations with staff or with contractors. If dredging is performed by the authority, it should have a dedicated crew trained specifically in D & S operations with the selected equipment. Equipment needs will be determined in part by the physical and chemical composition of sediment materials as well as the expected volume and disposal practices. Using a public centralized approach will require a funding plan that may include private funding options and/or public options. Decentralized Approach This approach leaves the issue to private citizens to address. Basically, those who own docks, marinas or waterfront property will dredge as they see the need to get boats in and out of access points rather than as part of an identified plan or schedule. Financing, permitting and contracting will become the responsibility of the citizen or business owner. Hybrid This approach may include portions of all presented options. The most likely combination might utilize ACE for the primary waterways (highest economic impact) with a centralized authority assuming responsibility for secondary areas to include smaller tributaries and unmarked channels based on vessel traffic. Private Citizens will likely be required to assume responsibility for tertiary and/or privately owned docks that have limited impact on the regional economy. Spoil Use, Disposal and Environmental Impacts Regardless of the D & S program organization approach, a continuing problem with dredging operations is disposal of dredge spoils. Dredging can create disturbance to aquatic ecosystems, often with adverse impacts. Dredge spoils may contain toxic chemicals that may have an adverse effect on the disposal area. The process of dredging itself often dislodges chemicals and injects them into the water column. This must be taken into consideration in the disposal or re-use of spoil from dredge sites. Traditional disposal of spoil involves use of centralized, deep water sites well away from the dredging sites. Transportation can be costly. A variety of beneficial uses for the spoils should also be explored such as beach nourishment and/or erosion protection. The use of spoils for construction materials or as daily cover in landfills should also be explored, though studies show these are more costly means of disposable due to the cost of extra handling, transportation and testing involved in this solution. The primary dredged materials to be encountered will be clean sands. These materials are believed to primarily originate in the along shore transport along the shorelines and are deposited in the channels as shallow bars. As the bars grow in width and height, the sand is spread along the channel length. Since the spoil is primarily derived from along shore sources, it should be acceptable to reintroduce the dredged material to the along shore transport system. Candidate disposal sites would be high-energy



Page | 5

areas, where shorelines are receding, for which the biological substrate is relatively devoid of aquatic species. This proposal will require additional investigation, likely an on-site visual inspection of the proposed disposal area by a qualified biologist to ascertain that no significant aquatic habitats will be disturbed. Written permission from adjacent landowners may also be required to allow placement of the materials.

In general, suitable disposal sites should be close enough to each channel that material can

simply be pumped to the designated disposal site and discharged. For some sites, spoil will have

to be disposed of at offshore, underwater sites or on land. A 2008 report from the Corps of

Engineers indicates 10 disposal techniques are traditionally used as disposal strategies (chart

below). Additional considerations should b given to the use of dredged materials to enhance

public recreational opportunities, increase living resource habitats, and enhance the

environmental quality of the Chesapeake Bay and tributaries of the Middle Peninsula Equipment Needs Depending on the approach selected, it may be more cost-effective to operate the D & S operation with “in-house” staff. Equipment needs will be determined in part by the physical and chemical composition of sediment materials as well as the expected volume and disposal practices. Other considerations will include the physical constraints of proposed dredging sites including the distance between sites, maximum and minimum depths, channel widths, overhead obstructions and channels’ exposure to winds, waves and currents. For small scale dredging in confined channels, the primary means of dredging are mechanical and hydraulic. Generally, maintenance dredging is most easily accomplished with hydraulic equipment using a trailing suction hopper dredger that trails its suction pipe when working and loads the dredge spoil into one or more hoppers in the vessel. When the hoppers are full, the dredger sails to a disposal area and either dumps the material through doors in the hull or pumps the material out of the hoppers.



Page | 6

Permitting Permits are necessary from both the US Army Corps of Engineers and the Virginia Marine Resource Commission for dredging operations in the study area waterways. A significant advantage of having a single entity responsible for permitting of the proposed dredging operations is the centralization of the permitting information, data on each channel’s sediments and their characteristics, and knowledge of dredging operation scheduling and limitations. With this information in hand, no difficulty with environmental permitting for dredging of any of the study area channels would be anticipated. The permitting process may become more problematic for individual businesses or private citizens. Having an advanced schedule for dredging of sites would allow for early permit applications, minimizing any delays associated with the review process. Again, without a centralized authority and advanced scheduling, the process will slow significantly. However, most sites have existing permits and available background information that will form the basis for continuing permitting. All Federal required permitting may be combined into a single regional permit and State permits are relatively easy to have reissued if good records are maintained of dredging and disposal operations. The use of dredge spoil from the study area channels for beach nourishment and/or erosion protection will involve dredge spoil placement in near-shore upland habitats. Approvals for this placement will require at least a visual inspection by a qualified aquatic biologist to assess habitat conditions in the disposal area. Estimated Costs and Funding This section will summarize the estimated costs for implementation and operation of the D & S Management Program and identifies and recommends funding sources. Program Costs An analysis of cost estimates for comparison should be based on:

1) Cost per cubic yard for shallow water dredging including disposal and permitting. Estimates

should also include published dredging public costs, interviews with dredging contractors and recent bids for shallow-water dredging.

2) Capital plus operating costs for self-operated dredging to include all crew personnel as well as administrative support functions.

The decision to contract or self-operate will be determined by the annual expected volume of dredging determined to be needed in the study area. Program Funding Options



Page | 7

Anticipated annual cost for the D & S Management Program will be determined by the cost analysis above. Five different funding approaches will be explored as part of the development of the Plan. They are:

Voluntary, Private Funding

County Funding o General Fund Support o Special Taxing District o County-wide New Tax

Town Funding Utilizing Harbor Improvement Districts

User Fee through a Per Slip/Launch Lane Basis

User Fee through a Boat Registration Add-On Project Contact Lewis L Lawrence

Director of Regional Planning

Middle Peninsula Planning District Commission

Middle Peninsula Chesapeake Bay Public Access Authority- Staff

P.O.Box 286

Saluda,Va 23149

804-758-2311

www.mppdc.com

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County of Middlesex


November 24, 2015


FROM: Matt Walker

SUBJECT: 12-1-15 BOS Update

County Administrator’s Update

1) Dredge Material Sale RFP

The RFP for the sale and removal of the County’s dredged material from the Broad Creek

Spoils Site was advertised and proposals were received until October 28, 2015. I am

reviewing the one proposal received and continuing to work with the one respondent on a

possible contract for removal. We may have more to report at the December 1st meeting.

2) County / Middle Peninsula Public Access Authority Site Study

Lewie Lawrence with the Public Access Authority has drafted a citizen survey for use in the

study. (Copy attached) Further, a draft MOU that staff believes fulfills the Board’s desire for

review of our access sites is attached for the Board’s consideration. As the Board will recall,

a portion of this study will serve as a template for cataloging Public Access sites across our

region with specific focus on Middlesex sites as a “Pilot Project” for county-wide site

evaluation.

3) Boat PP Tax vs. License Fee based upon length.

Per the Board’s discussion and direction at the Retreat, Staff has prepared a comparison of

the current personal property tax on boats versus the license fee proposal from the marina

owners. The revenue obtained through a license fee, if fees are set at certain amounts,

appears to replace the revenue forgone should the Board reduce the PP tax on Boats. This

method, as pointed out at the Retreat, would shift some of the burden from vessels valued

higher and generally larger to smaller vessels. Please see the attached comparison.

Also, we have received a response from the Attorney General’s office. (see attached) As is

usually the case, a quick response is not a good response from the AG’s office. I have

requested Bonnie Davenport consider sending a separate request through the Commissioner's

office in hope of receiving guidance. Supervisor LeBoeuf and I are analyzing additional data

from the Commissioner's Office to further evaluate the method and may have more to report

at the Board meeting.

4) PPEA / Radio Project

Federal Engineering and staff continue the Detailed Phase Review of the Public Safety Radio

System. There are several key meetings scheduled throughout December of which any board

member is welcome. Please advise staff of your desire to attend for scheduling and public

meeting requirements.

We have invited Harris Radio to give a demonstration and overview of the potential Radio

Hardware Equipment offered by Harris Radio. This would include Portable Radios, Mobile

Radios, Extend-a-Mic's, Headsets, Pagers, and the like. They will also demonstrate the

BeOn App, a radio system feature which is available for Cellular Smart Phones. The

demonstration and overview is intended for stakeholders including EMS, Fire and Sheriff’s

office staff and is scheduled for December 15th. Further, as a portion of the Detailed Phase

Review Federal Engineering is providing what they refer to as a "Coverage Workshop". This

is a computer modeling of the potential radio coverage in Middlesex County, across the

various radio spectrums. This is a valuable tool in the system design and is scheduled for

December 8, 2015.

Lastly, Harris Radio will conduct a structured presentation to demonstrate a “Prototype” of

the Public Safety Radio System being designed for Middlesex County. This will allow

Harris to review details as to system capabilities, discuss the system coverage, and the

interoperability features. After the demonstration, everyone attending will have the

opportunity to ask any technical or system related questions. Members of the Harris Radio

Team, as well as our Project Contact from Federal Engineering, will be in attendance. As

discussed during the Board of Supervisors retreat meeting, this structured presentation will

take place at the Cooks Corner Conference Room, adjacent to the School Board Office on

January 5, 2016 at 10:00 am, to coincide with the scheduled Board meeting at 3:00 pm.

5) Regional Reassessment

Wampler and Eanes will be reporting on their progress on the current reassessment work at

the January 5, 2016, meeting.

6) MWA

The Middlesex Water Authority has a Worksession scheduled from December 9th

to review

Sydnor’s proposal, if it is completed in time. The MWA has given the contractor a deadline

of the middle of January to complete a proposal for a central water system in Deltaville and

to determine the number of additional customers needed to sustain their proposed system.

7) Calendar for FY 2017 Budget preparation

I have prepared a draft budget calendar for the Board review and approval for our upcoming

budget process. The schools have reviewed and reconciled it with their process. As usual, I

have built into the calendar extra work sessions, if they are needed, for the Board to approve

a budget by May 1st.

8) VPPSA Brush Recycling - Please find report from Marcia Jones attached.

Meetings attended by the County Administrator

November

5 9:30 – 10:00 Met with Betty Bray and Meredith Fridlay with Bingham Arbitrage

6 All day Oyster Festival

9 -10 All day VACO Conference

11 10:00 am Radio Review

12 1:30 pm CPMT

16 9:00 am BOS Retreat

18 12:30 am Meeting with Jimmy Mackey and Ernie Asaf regarding Boat tax

19 9:00 am Middlesex EDA meeting

20 9:00 am Attended SAG meeting in Richmond with Supervisor Miller and Tom Swartzwelder

24 1:00 pm Meeting with Justin Newman with Smith Packett / Mizpah

30 3:30 am Meeting with Jodie Hayden regarding dredging RFP

Boat

Length

Boat Count

License Fee

License Revenue

2015 PP Tax Revenue

Shift in Tax Revenue

15' and under

1221

$ 25.00

$ 30,525.00

$ 22,862.27

$ 7,662.73

16' to 20'

1758

$ 75.00

$ 131,850.00

$ 106,186.38

$ 25,663.62

21' to 30'

1998

$ 200.00

$ 399,600.00

$ 290,232.05

$ 109,367.95

31' to 40'

761

$ 400.00

$ 304,400.00

$ 328,584.96

$ (24,184.96)

41' and up

236

$ 600.00

$ 141,600.00

$ 193,039.30

$ (51,439.30)

Total est. Revenue

$ 1,007,975.00

$ 940,904.96

$ 67,070.04

Number of Boats by year

2015

6680 2014

6902

2013

7033 2012

7202

2011

7352 2010

7463

2009

7462

7462 7463 7352

7202

7033

6902

6680

6200

6400

6600

6800

7000

7200

7400

7600

2009

2010

2011

2012

2013

2014

2015

COUNTY OF MIDDLESEX, VIRGINIA

FY 2017 BUDGET DEVELOPMENT CALENDAR

DATE ACTION

1

Monday, November 2, 2015 Deliver and/or mail Budget Request forms

to departments, agencies and key officials.

Monday, November 16, 2015 Board Retreat

Tuesday, December 1, 2015 Budget Calendar Adopted (Budget

Development Worksession established).

Thursday, January 5, 2016 Board of Supervisors Organization

Meeting

Friday, January 5, 2016 Budget requests due in the office of the

County Administrator by 3:00 p.m.

Tuesday, February 2, 2016 Budget work session at 10:00 a.m.,

Budget kick-off meeting; budget request

notebooks given to Board of Supervisors.

Preliminary expenditure projections

presented to Board by County

Administrator and staff.

Tuesday, February 2, 2016 Board Meeting

Friday, February 5, 2016 From 9:00 a.m.- 12:00 p.m., Agencies and

Organizations present budget requests.

From 1:00 p.m. - 5:00 p.m., County

Departments, and Constitutional Officers

present budget requests to Board of

Supervisors in Historic Courtroom.

Tuesday, February 9, 2016 6:00 p.m., Board of Supervisors meets

with School Board in joint work session

for presentation on development of

School Board Budget. Cooks Corner

Complex

Monday, February 22, 2016 School Board Public Hearing on School’s

Budget.

Tuesday, March 1, 2016 Budget work session at 10 a.m.

Preliminary County revenue projections

presented to Board by County

Administrator and staff.

Monday, March 7, 2016 School Board Meeting – budget approval

COUNTY OF MIDDLESEX, VIRGINIA

FY 2017 BUDGET DEVELOPMENT CALENDAR

DATE ACTION

2

Tuesday, March 15, 2016 6 p.m.-9 p.m. TENTATIVE Budget work

session preliminary reconciled budget

presented to Board by County Administrator

and staff.

Tuesday, March 29, 2016 6 p.m.-9 p.m. TENTATIVE Budget work

session preliminary reconciled budget

reviewed by Board, Administrator and Staff.

(if needed)

Tuesday, April 5, 2016 3:00 p.m., Board of Supervisors considers

further work session needs or sets Public

Hearing on County Budget and Proposed

Tax Rates *Ads to be provided to local newspaper by

Tuesday, April 5, 2016

Thursday, April 14, 2016 Advertisement of proposed County

budget public hearing, including School

Budget and proposed County tax rates.

Public hearing on budget to be held at 7

p.m., Historic Courthouse, Thursday, April

21, 2016.

Thursday, April 21, 2016 At 7 p.m., Board of Supervisors public

hearing on proposed County budget

including School Budget and Tax Rates,

Historic Court House. Meeting continued

to 7 p.m., Thursday, April 28, 2016 for

deliberation, revision if any, and action

on the budget.

Thursday, April 28, 2016 Deliberation, revision (if any), and

adoption of the County and School

budgets as well as Tax Rates.

Tuesday, May 3, 2016 At regular meeting the Board of

Supervisors appropriation of County

Budget for FY 17

_________________________________

NOTE: This schedule allows passage of School budget prior to May 1, 2016 as

required by VA Code Section 22.1-93 for the Schools.

december bos board packet

Documents