A longstanding dispute between the Mathews County Board of Supervisors and county residents Wade and Susan Brooks was laid to rest on Tuesday.
Five years after the Brookses sued the county to try to recover their losses from a failed FEMA home elevation project, the board voted to pay the couple $95,000. The Brookses agreed to that amount during recent arbitration negotiations.
During those same negotiations, Bay Aging, which served as the agent for the FEMA project, agreed to pay the couple an additional $45,000, according to the settlement agreement. The agency was named as a party to the lawsuit in January by Mathews Circuit Court Judge Jeffrey Shaw. The county filed a complaint last year charging that Bay Aging was culpable because the county had relied on the agency’s false claims of experience with such projects.
Both the county and Bay Aging continue to deny any liability for the allegations, states the settlement, and they entered into the agreement to resolve the issue and avoid further inconvenience and cost and expense of litigation.
The settlement was a far cry from the $2.3 million the Brookses had asked for in the joint lawsuit against the county and contractor HHM LLC of Tomahawk, Kentucky, the firm hired by the county and Bay Aging to complete the elevation project. As a result of the failed elevation and the subsequent foreclosure of their mortgage because of non-payment, the couple lost their 4,000-square-foot home and several outbuildings that supported their home-based business, Garden Creek Woodworks and Artistic Design Studio.
Although they won the lawsuit against HHM LLC, the Brookses were unable to recover the $781,000 in compensatory damages that Mathews County Circuit Court ordered the contractor to pay to cover the projected costs of repairing the home. HHM LLC, which was not properly licensed to complete the elevation and did not have the proper insurance coverage, was also ordered to pay $50,000 in punitive damages. Instead, the company filed bankruptcy, and the Brookses continued their suit against the county.
The supervisors’ decision came after a closed session following the board’s regular monthly meeting. Board members did not discuss the matter after returning to open session, but voted unanimously to pay the money.
Wade Brooks said that, since nothing is finalized and none of the papers have been signed, he can’t discuss the case.
East River Boat Yard
During the board’s public comment period on Tuesday, Mill Lane resident Eric Engler asked about comments made by chair Edwina Casey during last month’s meeting indicating that the board might consider selling East River Boat Yard to a private resident.
Engler said that there were about 20 residents in his neighborhood who might be interested in forming a group to purchase the site. He said that Chesapeake Bank had expressed willingness to finance such a purchase.
Casey told Engler that the board has not made a final decision on the matter, and supervisor Charles Ingram said that he didn’t “think too much of that.” Supervisor Jack White said that several county residents had said the county should retain the site for public use.
Engler said that he and his neighbors were proposing to stop erosion at the site, demolish an old structure there, improve the boat ramp, and make the site open to county residents.
“It wouldn’t be our idea to close it,” he said.
Casey suggested that Engler present his idea to the board in the form of a proposal, and Engler agreed.
Cricket Hill Chapter DAR
Suzy Jones of the Cricket Hill Chapter of the Daughters of the American Revolution asked the board to contribute $1,500 toward the chapter’s efforts to update and refurbish the DAR monument on the Court Green.
The monument was installed by the DAR in 1928 to commemorate the Battle of Cricket Hill, which took place during the Revolutionary War, said Jones, but it has become difficult to read because ivy gives it a messy appearance. She said the chapter would like to surround the monument with pavers or bricks and install a bench there.
While the chapter asked the board to pay for the cost of the renovations, Jones said that chapter members would continue to clean and maintain the monument.
During discussion of the matter, Supervisor O.J. Cole expressed concern that helping the organization pay for its monument would set a precedent and that “there are other places in the county that fall in the same category.” He suggested a 50-50 cost share between the county and the chapter.
White asked Jones whether the community would be willing to contribute toward the cost, but she said “probably not.”
Ingram moved to provide the chapter with $1,500, and his motion was seconded by supervisor G.C. Morrow. White expressed concern that another organization might request similar treatment, but Morrow argued that the DAR monument is part of the courthouse grounds and that an upgrade to it would be a plus for the county.
“When it’s raining, it’s a mud hole,” he said. “That’s not the image of the county I want to see.”
White said he would contribute $100 to the project and asked to amend the county’s contribution to $1,400. Cole said, “I’ll kick in $50,” and the resolution was amended to $1,350. It passed unanimously.
Public hearing objection
During the supervisors’ comment period, Ingram objected to the way last month’s public hearing was conducted. With an overflow crowd at the hearing to express disapproval over the way the county handled the Seabreeze lease, Ingram said that the hearing should have been moved to Thomas Hunter Middle School. Instead, there were people standing outside the building during the public hearing.
“These people pay the salary for all of us,” he said. “We ought to provide something.”
He took issue with the idea that the meeting had to be held in the courthouse because of sound and recording equipment.
“We didn’t have speakers 10 years ago,” he said. “We had secretaries take notes.”
Casey pointed out that she had invited people to sit on the dais with the board, but Ingram said, “If I were chair we would’ve had it at Thomas Hunter.”
“Then it’s my fault,” Casey shot back.
Mathews County Administrator Mindy Conner explained that, while there will be times in the future when the board has to change venues, any such change should be anticipated, coordinated with the school, and advertised. She said that meetings are streamed live for people to listen to at home, and moving the meeting venue results in the loss of that capability.
Building inspector’s report
Building inspector Jamie Wilks reported to the board that he had issued two building permits for Westville Landing, an age-targeted subdivision being built across the road from Hardee’s, and had two more building permits pending. He said the project, which is being developed by Bush Corporation of Williamsburg, will be ADA-compliant and designed for aging in place.
Wilks also reported that he had met with the Three Rivers Environmental Health Manager, a septic contractor, and the new tenant at the Seabreeze Restaurant to discuss repairs to the septic system there. He said that the state had assured him that the Seabreeze will continue to be able to operate as a restaurant.
Finally, Wilks reported that a FEMA elevation project had been completed on Aaron’s Beach Road in Diggs and that he is making use of Eagle Scouts to perform various carpentry jobs around the county to fulfill badge requirements.
Other action
In other action, the board unanimously:
—Adopted the regional All Hazards Mitigation Plan for emergency and disaster planning purposes, but excluded references to “sea level rise plus six feet”;
—Approved a request by developer Walter Cummings that he be allowed to name a road in a new five-lot subdivision off Buckley Hall Road “Waterfront Lane”;
—Approved a request by Michael Hux of North to rezone 4523 East River Road and two small adjacent parcels from Rural to Business-2 in order to allow a number of by-right and conditional business uses;
—Agreed, at the request of Commissioner of the Revenue Les Hall, to adopt a 39 percent rate for personal property tax relief for the upcoming year;
—Allowed Social Services to carry over $22,500 for companion care services from this past year’s budget to this coming year’s budget, and
—Appointed TAM Consultants of Williamsburg to inspect the gymnasium roof at Lee-Jackson Elementary School, determine the cause of its failure, and make a recommendation for addressing the problem.