03/14/2016 Page 1 of 49

A regular meeting of the Westmoreland County Board of Supervisors was held Monday, March 14, 2016,

in the public meeting room of the George D. English, Sr. Memorial Building, located at 111 Polk Street,

Montross, Virginia. Those members present were Darryl E. Fisher, W. W. Hynson, Russ Culver, Dorothy

Dickerson Tate and Larry Roberson. Also present were Norm Risavi, County Administrator, Karen Lewis,

Assistant County Administrator, LaToya Ball-Tate, Administrative Assistant, and Tom Bondurant, County

Attorney.

CALL TO ORDER

Chairman Fisher called the meeting to order at 9:39 a.m.

AGENDA MODIFICATION

On motion by Mr. Roberson, second by Mr. Culver, and carried unanimously, the Board modified the

agenda to accommodate an introduction of the new director of the Central Rappahannock Regional

Library. This introduction will be inserted as agenda item 3A.

1. APPROVAL OF MINUTES

Chairman Fisher stated that all members had received draft minutes of the regular/land use meeting

held on February 8, 2016, and asked if there were any additions or corrections to these minutes.

On motion by Mr. Culver, second by Mr. Hynson and carried with a unanimous vote, the Board

approved the minutes as drafted with the following correction on page 29:

Mr. Culver clarified that the cost per gallon proposed by Virginia American Water is $1.45 per 1,000 100 gallons. This is unclear in some of the printed material which gives the impression that the cost is $1.45 per gallon.

2. APPROVAL OF ACCOUNTS PAYABLE LIST AND PAYROLL REGISTER

Mr. Culver asked if the County has any operational boilers and whether it is necessary to carry boiler

& machinery insurance coverage. Mr. Risavi stated he will look into this, noting that this coverage is

updated annually.

Upon motion by Mr. Hynson, second by Ms. Tate and carried unanimously, the Board approved the

accounts payable list and payroll register as submitted by the Finance Department for the month of

February 2016.

3. APPROVAL OF APPROPRIATION INCREASE/DECREASE REQUESTS

03/14/2016 Page 2 of 49

There were no appropriation requests to be considered at this time.

3A. INTRODUCTION OF EXECUTIVE DIRECTOR, CENTRAL RAPPAHANNOCK REGIONAL LIBRARY

Kathryn Miller, Chairman and Westmoreland County’s representative on the Central Rappahannock

Regional Library’s Board of Directors, was recognized and introduced Martha Huztzel, the new

Director of the Central Rappahannock Regional Library (CRRL). Ms. Hutzel fills the post previously

held by Donna Cote who retired last year. Ms. Cote recently passed away. Ms. Hutzel was given an

opportunity to comment at this time. Ms. Hutzel stated that she has been with the regional library

system for 27 years and the CRRL hopes to continue to partner with the County to serve the citizens

in any way that they can.

Chairman Fisher welcomed Ms. Hutzel aboard and stated that the Board looks forward to continuing

a positive relationship with the CRRL.

4. TOWN OF COLONIAL BEACH/CORRESPONDENCE

Town of Colonial Beach Mayor Mike Ham was recognized and reported the following:

- The Town is looking forward to another great tourism season.

- The revitalization project is progressing. Seven or eight façade improvements are under contract

for completion. The new beach furniture has been installed, as have the new street lights on

Hawthorne Street. Five or six murals have been contracted. The old public bathrooms have been

torn down so they can be replaced.

- The Town will soon break ground on the new elementary school.

- Preparations are underway for the Potomac River Festival, the Fourth of July, and the Rod Run to

the Beach.

Mr. Roberson clarified that the Rod Run to the Beach is still on, although a new organization has taken

it over.

5. TOWN OF MONTROSS/CORRESPONDENCE

There was no correspondence from the Town of Montross.

6. SUPERVISORS REPORTS

Mr. Culver thanked the emergency services organizations, Sheriff’s Department, Social Services, and

03/14/2016 Page 3 of 49

County staff for their assistance in the past snow removal season, as well as the tornado.

Chairman Fisher echoed Mr. Culver’s sentiments, noting that communities have rallied around their

neighbors in the wake of the tornado. He thanked all agencies, community organizations, churches,

and others who have offered to help.

7. PUBLIC HEARING – REGARDING THE PROPOSED ISSUANCE OF A BOND BY THE COUNTY. THE

ESTIMATED MAXIMUM AMOUNT OF THE BOND IS $5,631,600. THE PROPOSED USE OF THE PROCEEDS

OF THE BOND IS TO PAY COSTS OF CONSTRUCTION OF PUBLIC SEWER FACILITIES FOR THE GLEBE

HARBOR/TIDWELLS/DRUM BAY/CABIN POINT AREA OF THE COUNTY AND TO PAY THE COSTS OF

ISSUING THE BOND.

The advertised time had not yet arrived for this public hearing.

8. REPORT TO THE BOARD OF SUPERVISORS BY THE ZONING ORDINANCE REVIEW COMMITTEE ON

FRACKING

Bob Fink, Director of Planning & Community Development, was recognized and presented the

following report on behalf of the Zoning Ordinance Review Committee on Fracking:

(See next page)

03/14/2016 Page 4 of 49

03/14/2016 Page 5 of 49

***end of report***

Mr. Culver requested clarification as to whether the committee is suggesting the establishment of a

special zoning district in one part of the county or for the entire portion of the county.

Mr. Fink explained that any property owner who desires such zoning classification would be required

to go through a rezoning process.

On motion by Mr. Culver, second by Mr. Roberson and carried unanimously, the Board accepted the

report of the Zoning Ordinance Review Committee and remanded CASE #1509-ZA-04 back to the

Planning Commission for additional public hearings and for consideration of the information and

conceptual draft amendments developed by the Review Committee, including amendment of the

Westmoreland County Zoning Ordinance and Comprehensive Plan to create a new natural resource

focused zoning district and a special exception process appropriate for oil and gas well drilling,

03/14/2016 Page 6 of 49

including hydraulic fracking. (For reasons previously disclosed, W. W. Hynson abstained from the

vote.)

10. NEW BUSINESS

Acceptance of Abstracts of Votes: Democratic & Republican Presidential Primary Elections held on

March 1, 2016 - The following abstracts of votes were submitted by the Westmoreland County

Electoral Board:

03/14/2016 Page 7 of 49

03/14/2016 Page 8 of 49

On motion by Mr. Roberson, second by Ms. Tate and carried unanimously, the Board accepted the

Abstracts of Votes Board submitted by the Westmoreland County Electoral Board for the Democratic and

Republican Presidential Primary Elections held on March 1, 2016.

9. OLD BUSINESS

County Attorney Tom Bondurant requested the Board’s authorization to advertise a public hearing on

the condemnation of property identified on Westmoreland County Tax Map 38B-4-3A for the

easement needed for the sewer project in Drum Bay.

On motion by Mr. Roberson, second by Mr. Hynson and carried unanimously, the Board authorized

the advertisement of a public hearing on the condemnation of property identified on Tax Map 38B-4-

3A for the aforementioned purpose.

10. NEW BUSINESS

Proclamation: National Crime Victims’ Rights Week, April 10-16, 2016 – This proclamation was

requested by Katherine Cross.

On motion by Mr. Roberson, second by Mr. Hynson and carried unanimously, the Board waived the

reading and adopted the following proclamation:

PROCLAMATION

Crime Victims’ Rights Week

WHEREAS, Americans are the victims of more than 20 million crimes each year, and crime can touch the lives of anyone regardless of age, national origin, race, creed, religion, gender, sexual orientation, immigration, or economic status; WHEREAS, many victims face challenges in finding appropriate services, including victims with disabilities, young victims of color, deaf and hard of hearing victims, LGBTQ victims, tribal victims, elder victims, victims with mental illness, immigrant victims, teen victims, victims with limited English proficiency, and others; WHEREAS, victims of repeat victimization who fail to receive supportive services are at greater risk for long-term consequences of crime; WHEREAS, the victim services community has worked for decades to create an environment for victims that is safe, supportive, and effective; WHEREAS, intervening early with services that support and empower victims provides a pathway to recovery from crime and abuse;

03/14/2016 Page 9 of 49

WHEREAS, honoring the rights of victims, including the right to be heard and to be treated with fairness, dignity, and respect, and working to meet their needs rebuilds their trust in the criminal justice and social service systems; WHEREAS, serving victims and rebuilding their trust restores hope to victims and survivors, as well as their communities; WHEREAS, National Crime Victims’ Rights Week, April 10-16, 2016, is an opportune time to commit to ensuring that all victims of crime--even those who are challenging to reach or serve—are offered culturally and linguistically accessible and appropriate services in the aftermath of crime; and WHEREAS, Westmoreland County is hereby dedicated to building partnerships with trusted sources of support, including community leaders, religious groups, schools, and other agencies to better reach and serve all victims of crime, no matter their community. NOW, THEREFORE, the Westmoreland County Board of Supervisors hereby proclaims the week of April 10-16, 2016, as Crime Victims’ Rights Week and reaffirms Westmoreland County’s commitment to respect and enforce victims’ rights and address their needs during Crime Victims’ Rights Week and throughout the year.

***end of proclamation***

Appointments: Northern Neck-Chesapeake Bay Regional Partnership – Mr. Risavi advised the Board

that the terms have expired for the County’s representatives on the Northern Neck-Chesapeake Bay

Regional Partnership. These appointments expire every two years. In addition, the Board previously

appointed Russ Culver and William O. Sydnor to serve four-year terms. Both terms will need to be

modified to two-years.

On motion by Mr. Culver, second by Ms. Tate and carried unanimously, the Board approved the

modification of terms for Russ Culver (Board of Supervisors representative) and William O. Sydnor

(Citizen member) to two years. Mr. Culver’s term will expire December 31, 2017 and Mr. Sydnor’s

term will expire January 10, 2018.

On motion by Mr. Roberson, second by Ms. Tate and carried unanimously, the Board approved the

following reappointments to the Northern Neck-Chesapeake Bay Regional Partnership, serving two-

year terms expiring March 13, 2018: James W. Latane, Jr. (Industrial Development Authority

representative), Iris Lane (Citizen member), and Norm Risavi (County Administrator).

03/14/2016 Page 10 of 49

Appointment: Northern Neck Tourism Commission – On motion by Mr. Roberson, second by Mr.

Hynson and carried unanimously, the Board appointed Russ Culver to serve as the Board’s

representative on the Northern Neck Tourism Commission.

Appointment: Northern Neck-Chesapeake Bay Public Access Authority – On motion by Mr. Culver,

second by Mr. Roberson and carried unanimously, the Board appointed Bob Fink, Director of Planning

& Community Development, to represent Westmoreland County on the Northern Neck-Chesapeake

Bay Public Access Authority. Mr. Fink will fill the position previously held by the late Sherman Davis.

7. PUBLIC HEARING – REGARDING THE PROPOSED ISSUANCE OF A BOND BY THE COUNTY. THE

ESTIMATED MAXIMUM AMOUNT OF THE BOND IS $5,631,600. THE PROPOSED USE OF THE PROCEEDS

OF THE BOND IS TO PAY COSTS OF CONSTRUCTION OF PUBLIC SEWER FACILITIES FOR THE GLEBE

HARBOR/TIDWELLS/DRUM BAY/CABIN POINT AREA OF THE COUNTY AND TO PAY THE COSTS OF

ISSUING THE BOND.

County Administrator Norm Risavi provided a brief summary of this proposed bond issue. He noted

that the original loan amount was $5,631,600. Based on the bid results and revised project budget,

the loan amount has been reduced to $4,309,000. The revised budget has been approved by Rural

Development. In addition, the County has been notified that the interest rate will decrease to 1.75%

in April, which will result in an annual savings of $56,556 or $2,149,128 over the life of the loan.

Mr. Culver asked Mr. Risavi to clarify how the bond will be repaid, as no general fund revenues or

state funds will be used to cover that debt.

Mr. Risavi explained that the monthly revenues of the public sewer system will pay the annual debt

service, as with the other sewer projects in the county.

Chairman Fisher opened the public hearing and asked if there were any questions or comments for or

against this proposed bond issue.

Doug Jenkins (resident and former commercial fisherman) asked if the County is planning to build a

plant in the service area, or if the line will hook up to the Coles Point treatment plant.

Chairman Fisher stated that it will be connected to the Coles Point wastewater treatment plant.

03/14/2016 Page 11 of 49

Mr. Jenkins expressed concerns that the Coles Point treatment plant cannot handle the influent that

it has now. Mr. Jenkins presented statistics obtained from the Virginia Department of Environmental

Quality with regard to the number of gallons sprayed on the fields over a certain period of time. Mr.

Jenkins questioned why more thought was not given to this project. He also expressed concern

regarding the impact that the sewer system has had on property values in Coles Point and the

potential for contamination to the creek.

Chairman Fisher stated that to the best of the Board’s knowledge the County has and is meeting all

the necessary requirements for the treatment plant to operate in compliance with the standards of

the Commonwealth. This expansion is not being done without the confidence that the plant at Coles

Point can handle the additional capacity. Chairman Fisher advised Mr. Jenkins to share any additional

concerns regarding this matter with the County Administrator.

Kennon Morris (Bushfield) asked what happens to the people that did not sign up during the initial

signup period for the sewer project, but want to sign up at a later date.

Mr. Risavi stated that the connection fee for those individuals would be based on the actual cost to

serve the property. They would need to fill out an application and pay the connection fee as

determined by County staff.

Mr. Morris then asked how the County is getting the sewage to the plant at Coles Point. He asked if

there will be piping under the Machodoc.

Mr. Risavi explained that the Virginia Marine Resources Commission has permitted the crossing that

is proposed under the creek.

Mr. Morris expressed concern as to what happens if that pipe bursts.

Mr. Risavi stated that similar piping has been utilized in the County’s other sewer service areas. The

design of the piping, etc. is part of the approval process required by the Virginia Department of

Environmental Quality.

Mr. Morris asked if the project will also serve the Bushfield area.

03/14/2016 Page 12 of 49

Mr. Risavi stated that the service line currently stops in the vicinity of the Mt. Holly fire substation.

Mr. Morris asked if there are any plans to bring the project to Bushfield.

Mr. Risavi stated that service could be extended to Bushfield if there are a sufficient number of signers

to amortize the debt.

Chairman Fisher noted that there is a demonstrated need for sewer service in the areas where service

is being offered.

Mr. Morris expressed concerns as to whether the Coles Point treatment plan can handle the additional

influent.

Bill Alverson (District 2) asked what happens to his perkable lots if they are located in an area where

public sewer service is available.

Mr. Risavi explained that hookup to the public sewer system is voluntary.

Mr. Fink stated that if those properties are located within 200 feet of the public sewer system, they

would be required to connect to the system.

Mr. Alverson expressed concerns regarding the potential for contamination of the waterways and the

impact on the local oyster beds.

Mr. Risavi explained that the County engaged the Virginia Institute of Marine Science to conduct a

study of the creek that Mr. Jenkins mentioned. The results of that study clearly showed that it is

primarily animal fecal coliform that is contaminating the creek.

Mr. Alverson suggested that putting a bounty on the animals would reduce the potential for

contamination.

Doug Jenkins commented on reports from the Virginia Department of Environmental Quality

regarding the Coles Point treatment plant and stated that he would like to meet with the County

Administrator to discuss them further.

03/14/2016 Page 13 of 49

There being no further comments, Chairman Fisher closed the public hearing.

After discussion, upon motion by Mr. Roberson, second by Mr. Culver and carried unanimously with

Ms. Tate, Mr. Hynson, Mr. Roberson, Mr. Culver, and Chairman Fisher voting “aye”, the Board adopted

the following resolution:

03/14/2016 Page 14 of 49

03/14/2016 Page 15 of 49

03/14/2016 Page 16 of 49

03/14/2016 Page 17 of 49

03/14/2016 Page 18 of 49

03/14/2016 Page 19 of 49

03/14/2016 Page 20 of 49

03/14/2016 Page 21 of 49

03/14/2016 Page 22 of 49

03/14/2016 Page 23 of 49

03/14/2016 Page 24 of 49

03/14/2016 Page 25 of 49

03/14/2016 Page 26 of 49

03/14/2016 Page 27 of 49

03/14/2016 Page 28 of 49

11. COUNTY ADMINISTRATOR’S COMMENTS

Mr. Risavi reported the following:

Mr. Risavi acknowledged receipt of correspondence from the Insurance Services Office,

Inc. (ISO) containing the results of their analysis of the County’s building codes and efforts

to properly enforce those codes. Westmoreland County’s Building Code Effectiveness

Grading Classification is 4 for 1 and 2 family residential property and 3 for commercial

and industrial property. Mr. Risavi also advised the Board that the County continues to

work with the local fire departments in an effort to improve the ISO ratings for fire

03/14/2016 Page 29 of 49

protection. There has been some discussion about acquiring a water shuttle for use by

the fire departments.

Mr. Risavi asked Bob Fink, Director of Planning & Community Development, to brief the

Board on the bid results for the James Monroe Birthplace Timeline Walk. Mr. Fink advised

the Board that two bids were received in response to the solicitation, both of which were

over the project budget. The County has a period of ninety (90) days to consider its action

on the bids. Before the bid is awarded, VDOT will need to sign off on the project. They

have not done so at this time. The County has a request in to VDOT to transfer funds

remaining from similar projects for which funds were previously allocated by the state.

That request is still pending.

The Phase I Environmental Study has been completed on the property that is being

considered at Oak Grove for the rescue squad. There were no findings, which means the

County can now move forward to the next step in the process.

The reassessment book has been signed by the contractor. The overall decrease in

assessed values countywide is approximately $94 million. Based on those figures and

calculation of the formula set forth in the Code of Virginia, it appears the real estate tax

rate will increase from the current rate of $0.52 to $0.55 per $100 of assessed value. Mr.

Risavi stated that he hopes to be in a position to hold a budget work session with the

Board within the next week or two, pending receipt of final state budget figures.

Mr. Risavi requested the Board’s approval to renew the group health insurance policy for

County employees. The rates will increase by 14.6% for the coming year. Mr. Risavi

proposed splitting the increase equally between employee and employer, as has been

done in previous years.

On motion by Mr. Hynson, second by Ms. Tate and carried unanimously with Ms. Tate,

Mr. Hynson, Mr. Roberson, Mr. Culver, and Chairman Fisher voting “aye”, the Board

waived the reading and adopted the following resolution:

03/14/2016 Page 30 of 49

RESOLUTION THE LOCAL CHOICE HEALTH BENEFITS PROGRAM RENEWAL

BE IT RESOLVED that the Westmoreland County Board of Supervisors hereby approves Westmoreland County’s participation in the Local Choice Health Benefits Program for the period of July 1, 2016 through June 30, 2017, based on the following renewal rates:

RENEWAL COUNTY EMPLOYEE

RATE SHARE SHARE

SINGLE 745.00 545.50 199.50

DUAL 1,378.00 975.50 402.50

FAMILY 2,012.00 1,325.50 686.50

SINGLE 745.00 272.75 472.25

DUAL 1,378.00 487.75 890.25

FAMILY 2,012.00 662.75 1,349.25

PART-TIME EMPLOYEES

FULL TIME EMPLOYEES

KEY ADVANTAGE EXPANDED

KEY ADVANTAGE EXPANDED

03/14/2016 Page 31 of 49

RENEWAL COUNTY EMPLOYEE

RATE SHARE SHARE

SINGLE 618.00 528.00 90.00

DUAL 1,143.00 861.00 282.00

FAMILY 1,669.00 1,172.00 497.00

SINGLE 618.00 264.00 354.00

DUAL 1,143.00 430.50 712.50

FAMILY 1,669.00 586.00 1,083.00

PART-TIME EMPLOYEES

KEY ADVANTAGE 500

FULL TIME EMPLOYEES

KEY ADVANTAGE 500

RENEWAL COUNTY EMPLOYEE

RATE SHARE SHARE

SINGLE 492.00 394.00 98.00

DUAL 910.00 728.00 182.00

FAMILY 1,328.00 1,063.00 265.00

SINGLE 492.00 197.00 295.00

DUAL 910.00 364.00 546.00

FAMILY 1,328.00 531.50 796.50

HIGH DEDUCTIBLE HEALTH PLAN

FULL TIME EMPLOYEES

HIGH DEDUCTIBLE HEALTH PLAN

PART-TIME EMPLOYEES

03/14/2016 Page 32 of 49

***end of resolution***

RENEWAL RETIREE

RATE SHARE

SINGLE 745.00 745.00

DUAL 1,378.00 1,378.00

FAMILY 2,012.00 2,012.00

KEY ADVANTAGE EXPANDED

RETIREES NOT ELIGIBLE FOR MEDICARE

RENEWAL RETIREE

RATE SHARE

SINGLE 618.00 618.00

DUAL 1,143.00 1,143.00

FAMILY 1,669.00 1,669.00

KEY ADVANTAGE 500

RETIREES NOT ELIGIBLE FOR MEDICARE

RENEWAL RETIREE

RATE SHARE

SINGLE 492.00 492.00

DUAL 910.00 910.00

FAMILY 1,328.00 1,328.00

HIGH DEDUCTIBLE HEALTH PLAN

RETIREES NOT ELIGIBLE FOR MEDICARE

SINGLE 201.00

RETIREES WITH MEDICARE

ADVANTAGE 65 AND DENTAL/VISION

03/14/2016 Page 33 of 49

12. DENNIS GALLAGHER

Mr. Gallagher was present to address the Board regarding the recent tornado, the lack of

response, and the disappointment that he and his family have as far as the County’s

emergency response after the night of the tornado. Mr. Gallagher stated that he cannot say

enough about the volunteer fire and rescue workers who responded well under terrible

conditions. Mr. Gallagher stated that he feels the volunteers did their job, but the paid

personnel did not do their job. Mr. Gallagher presented before and after pictures of the

damage to his property as a result of the tornado. Mr. Gallagher stated that he and his wife

own five pieces of property in Westmoreland County and the taxes are paid. There were four

tenants in the property that was damaged in the tornado. They were inside the mobile home

when it was flipped upside down and thrown into the field. Luckily they have survived. Mr.

Gallagher commented on the help that has been received from the community, churches,

and neighbors. He and his wife were there to help as well. Mr. Gallagher went on to say that

he was there early the next morning thinking that someone from the Sheriff’s Office, the

Emergency Services Coordinator, or the County Administrator would be on site. He did notice

Chairman Fisher at the end of the driveway, after which he folded his arms and walked away.

Mr. Gallagher stated that he visited Chairman Fisher’s house and asked him what he saw

when he was there. Chairman Fisher indicated that he assumed the folks below him had it

all taken care of. Chairman Fisher met them on site that Monday and indicated that he would

get things taken care of and that he would be back. Mr. Gallagher stated that he has not seen

Chairman Fisher at the property since then. Mr. Gallagher expressed concern as to why

Chairman Fisher did not come back to let his grandmother know what he found out, or to ask

the folks that were in the mobile home how they were or if they needed anything. Mr.

Gallagher stated that he wished to give Chairman Fisher an opportunity to explain himself at

this time.

Chairman Fisher stated that he appreciated the opportunity. There is a great deal of

devastation that took place in Westmoreland. He is District 1 representative and one of five

individuals who represent this entire county. We have numerous agencies and personnel

03/14/2016 Page 34 of 49

that are involved in meeting the needs of the citizens of this community. Unfortunately, every

need may not be met to the individuals’ satisfaction. The major impact was in the First

District. A number of individuals were impacted. On a personal level, Chairman Fisher stated

that he has done what he could to assess situations. Context is everything. The day that he

came down surveying damage throughout the entire county, he could not get to Mr.

Gallagher’s residence by the driveway. At that point, there was a massive number of folks

there attempting to salvage and do whatever was necessary. He believes there were folks

from the electric company trying to get to the property. He was at that point just trying to

see who and what areas were affected. There are other agencies in the county that were

contacted. The assumption is always that folks will follow up and do the things that need to

be done. It is difficult as an individual to meet every individual’s needs, so we delegate and

assign, with the hope and anticipation that individuals are doing what they can within the

scope of their abilities. Chairman Fisher stated that he does not want to come across as being

insensitive. He is sensitive to Mr. Gallagher’s needs and those that were affected in that one

spot. Chairman Fisher commented on the path that the tornado took as it moved through

the district. During those numbers of days following the tornado, trying to make the rounds

to assess, see, delegate, and touch bases with individuals, Chairman Fisher stated that his

return visit to the Gallagher property hasn’t occurred because he, as well as others have

communicated. The assumption has been that as you have asked for assistance, needs have

been met. Chairman Fisher stated that he has been available; no one has called. He has

received one other call from Mr. Gallagher’s family expressing dissatisfaction. If there is a

shortcoming that he did personally, he has apologized for that. If there is something that has

happened on the County level, he has given the assurance that we are trying to evaluate this

event to determine what we did right, what we did wrong, and to identify what needs to be

in place for future events. It is little consolation for right now, but this is how we learn moving

forward. We do not have hurricanes and tornados that hit Westmoreland on a regular basis.

This event was devastating. If there is a positive to it, it is that we had no loss of life and that

it was isolated in that the path of the tornado was not a mile wide, or two miles wide. We

are trying to work through it. Chairman Fisher stated that he will take the responsibility

because that is why he holds this office. If you are dissatisfied, this is the place that you bring

it. In your dissatisfaction, know that it does not fall on deaf ears. We learn, we try to improve,

03/14/2016 Page 35 of 49

to do better and to be prepared moving forward. Tell us what you need that we did not do

and we will look at all of that information, get with all of our personnel, our volunteer

agencies, and our Sheriff’s Department to see if there is a way that, if this should happen

again, we can be better. Surely there are some things that were, perhaps, expectations from

us that we did not have in place because we have not experienced this before. That is how

we grow and get better. What makes us strong is not what government does for us; it is what

we do for ourselves. Chairman Fisher stated that he lives in Kremlin, nestled between

Oldhams and Hague. There has never been a natural disaster or any type of situation that

happens in that community that the community does not come together. There was a mild

tornado that went through Neenah bottom about a year ago. The community did not wait

for the County or anybody else; the community pitched in. If it was available, that would

have been fine. This is one of the things that he is grateful for in this community. Mr.

Gallagher and the neighbors have done the same thing. He has seen the family working on

his mom’s house and folks have been helping to cut trees and get people out. Chairman

Fisher mentioned how the community pitched in with their power saws to open up the road

so that Tayloe Murphy could get through to check on his property at King Copsico. As a

government, whatever it is that you all present to us today, we are going to take the

information and try to do better, that if it happens again we will be in a better position to

meet the needs. Chairman Fisher stated that he would like to say that under the

circumstances, we tried to do the very best that we could. If there was any contact made and

the appropriate response was not received, the way that we do better is if you let us know

that that is what happened. Chairman Fisher thanked Mr. Gallagher for coming and stated

that he does not want Mr. Gallagher to leave here thinking that he does not care because he

did not come back. This includes not only Mr. Gallagher’s, family but the tenants on the

property, and every other family that was affected by this event. Of all of the cards that he

passed out and all of the stops that he made, he has only had one follow up contact and that

has been from the Gallagher family. Chairman Fisher stated that when he does not receive

another personal call back, he assumes that people’s needs are being met. If they are not,

this is when you come to him and tell him that they were not met so that he can follow up

and see what happened. Chairman Fisher stated that when he left the meeting with Mr.

Gallagher and his family, he made the appropriate stops and folks assured him that things

03/14/2016 Page 36 of 49

were in place and folks were being taken care of. If that did not happen, Chairman Fisher

asked Mr. Gallagher to provide the Board with the needs and the agencies that didn’t do A,

B or C so that they can follow up.

Mr. Gallagher stated that what disappoints him the most is that he was told that County staff

drove into the property and never got out of the vehicle. A lot of people showed up to help,

except for the emergency management personnel of the County. Mr. Gallagher expressed

concern as to why they would drive past such a mess.

Chairman Fisher stated that he cannot give Mr. Gallagher an answer as to that moment. He

will follow up and see what happened. If in fact, that is what happened, the Board will follow

up with staff. In the future, it may be a good idea to do hands-on personal assessments, and

designate staff to follow up and do these things. This is why you have presented what you

feel should have happened. We do not like to field accusations, but rather statements of

what happened or did not happened. Then we can appropriately address it with staff to look

at how we can do it better.

13. TERESA G. WILLIAMS

Chairman Fisher disclosed for the record that he sits on the board for Riverside, which is Ms.

Williams’ employer.

Ms. Williams presented the following statement concerning the tornado:

(See next page)

03/14/2016 Page 37 of 49

03/14/2016 Page 38 of 49

03/14/2016 Page 39 of 49

03/14/2016 Page 40 of 49

03/14/2016 Page 41 of 49

Ms. Williams took this opportunity to present donations to certain families who were present

in the audience.

RECESS

The Board recessed briefly at 11:57 a.m.

RECONVENE

Chairman Fisher reconvened the meeting at 12:09 p.m.

14. PUBLIC COMMENT PERIOD

Chairman Fisher explained the procedure for public comment period. The following individuals

presented concerns regarding the emergency management response to the tornado: Kathy Jones,

Debbie Hobbs, Kennon Morris, Rita Balderson, Tammy Payne, Chastine Payne, and Bill Alverson.

Teresa G. Williams presented the following statement on behalf of Wanda L. Fones:

(See next page)

03/14/2016 Page 42 of 49

03/14/2016 Page 43 of 49

03/14/2016 Page 44 of 49

Kennon Morris suggested that the Board go back to holding the regular monthly meetings at night, or

to alternate day/night monthly meetings.

Larry Hinson stated that Currioman Baptist Church has funds available to assist the tornado victims.

He also expressed support for holding the regular Board meetings at night.

Dr. Michael Perry, Superintendent of Westmoreland County Public Schools, was present to update

the Board on the feasibility study that is being conducted by Grimm + Parker regarding the new high

school.

Bill Alverson also expressed concerns regarding the potential impact of fracking activities on the water

supply, as well as the reassessment and the damage that occurred to his property following the

tornado.

Lawrence Perry requested clarification of the committee’s recommendation with regard to fracking.

A copy of the committee’s report was given to Mr. Perry.

Butch Foutz thanked the Board for their conduct today, commenting that the Board has taken a lot of

hits. He stated that a lot of people do not know the State rules. They do not require the Board to

03/14/2016 Page 45 of 49

have a public comment period. Mr. Foutz expressed appreciation to the Board for allowing this time

for public comment today.

Lawrence Perry stated that he prefers the Board meetings to be held at night.

There being no further comments, Chairman Fisher closed the public comment period.

Chairman Fisher presented closing remarks at this time.

At the County Administrator’s request, on motion by Mr. Culver, second by Mr. Roberson and carried

unanimously, the Board accepted the following legal opinion as part of the record:

(See next page)

03/14/2016 Page 46 of 49

03/14/2016 Page 47 of 49

03/14/2016 Page 48 of 49