Tim Doss was elected chairman and Tom Bowen vice chair at the Mathews Board of Supervisors’ organizational meeting, which was held on Thursday, Jan. 9, in the historic courthouse.

Doss was elected chair unanimously and was immediately seated as chairman. The board recognized supervisor Janice Phillips for her service as chair for the past year.

Bowen was elected vice chair on a 3-2 vote. He and Mike Walls were both nominated for the position. Dave Jones nominated Walls, stating that Walls had served diligently and faithfully for the past three years and should be elected to the position out of respect for him. The vote for Walls was 2-3, with Doss, Bowen and Phillips dissenting.

The board’s Code of Ethics was adopted on a 3-2 vote, Jones and Walls dissenting. Jones objected to the Code of Ethics, saying it was “full of DEI language,” and that he would “have no part of it at any point in time in the remainder of my term for this year.” He said the only code he would adopt would be the Constitution of the United States.

Walls said the Code of Ethics had “been broken many times this past year” and that he would not vote for it in its current form.

Jones agreed, saying further, “There is no Code of Ethics here, and it’s been demonstrated on many occasions.”

Doss, Phillips and Bowen did not respond to these remarks, but continued with the business at hand. Phillips said she thought the Code of Ethics was “a very good document” that was approved last year. She said that it covers “a lot of things that are specific to local government and personal integrity,” and she moved to accept it as presented.

The board’s bylaws were under consideration for re-adoption, and there was a lengthy discussion on the value of voting by acclamation rather than by roll call. A vote on the bylaws was tabled until February. Bowen said he had made notes that he didn’t have in his possession and Jones requested definitions from state law on resolutions and motions.
County Administrator Ramona Wilson was reappointed as clerk to the board and senior executive Judi Green was reappointed as deputy clerk.

The board chose to continue meeting on the third Thursday of every month, except for June, when the third Thursday falls on the Juneteenth holiday. That meeting will instead be held on Wednesday, June 18.

Board members voted to retain the seats they held during the past year on various boards and commissions, with a few exceptions. Jones was appointed to serve as liaison to the Mathews Volunteer Fire Department, replacing Phillips; Bowen was appointed to the Middle Peninsula Planning District Commission, replacing Doss; and Phillips will now be the liaison to the Mathews Market Days Committee, replacing Jones. In addition, the Bay Consortium Work Force liaison position defaults to the board chair, so Doss is replacing Phillips.

Finally, the board voted unanimously to follow the 2025 State Holiday Schedule.

In closing remarks, Doss thanked the board for its vote of confidence in electing him as chair and then addressed the public, saying the board had tried hard during the past 12 months to work together and he hoped to be able to do so again and talk out any problems.

The board adjourned at 7:01 p.m., then met again an hour later for a closed session and other business.

Closed session and Hole in the Wall

After the earlier meeting, the board held a special meeting for the purpose of interviewing a candidate for the position of building official. No appointment was made after the closed session.

The board then held a lengthy discussion about a possible violation of the building code at the county-owned Hole in the Wall Waterfront Grill at 384 Old Ferry Road on Gwynn’s Island.

Jones reported that an engineering firm had visited the restaurant the week before to assess the existing septic system and see about a new system. Upon examining the septic tanks, Jones said, the engineer found that a 6’x6’ post supporting a platform housing two refrigeration units at the rear of the building was resting on one of the septic tanks.

Jones said that, although a permit was issued for the platform, when the county administrator checked to see if there were drawings or inspections for the structure, she found there were none. Instead, the addition was listed as an HVAC platform, said Jones, adding that an equipment platform housing two commercial walk-in freezers would require an engineering drawing and that having an exit from the restaurant onto the platform made it a deck, while adding a roof had made it habitable space.

He further stated that the platform was supposed to be 10 feet from the septic tank, and that a SAP (Safe, Adequate, and Proper) report was supposed to have been sent to the health department before a permit was issued, but that hadn’t been done.

Jones said he met with the health department at the site that same day, “and they said the structure was in violation of the Virginia Administrative Code regarding offset distances.” He said the health department would be issuing the county a violation on the matter.

Wilson explained that Mathews Health Department Team Leader Pat Duttry had said an SAP wasn’t submitted because the platform was not supposed to be habitable space.

“Once again, we’re right back in the same situation,” said Jones. “Two sets of rules have been going on long enough. [As a contractor] I have to submit drawings. The double standard has got to stop.”

Bowen said that the best course of action would be for the board to wait until a Notice of Violation has been issued and let the county administrator and county attorney decide on the proper steps to take, then return to the board with recommendations. He said there has been a long history of the septic failing at Hole in the Wall, and the board has been trying to get the matter addressed.

“I want the experts deciding this, not the board,” he said. “There’s disagreement as to whether it’s habitable space … It’s not something for us to decide. Let the experts tell us what needs to be done.”

“We have codes compliance for a reason, and I’m an expert in it because I deal with it every day,” said Jones. He then asked Bowen if it was his intention to get the building in shape so it can be sold, and Bowen replied that the board needs to “get the county out of the real estate business.”

“We should sell it and turn it into retail space,” he said.

Bowen then asked Jones if he owns a business and the building inspector signs off on a job, “Are you supposed to say, ‘wait a minute, are you sure that’s okay?’”

After further discussion, Phillips suggested that the board is under guidelines not to discuss the matters in public, and Doss said the discussion needed to be held at a later time.

Walls said he had no problem with that, but pointed out that the boat ramp at Hole in the Wall “is the single most important boat ramp in the entire county.”

“I don’t see how we can sell it,” he said. “In my opinion, selling it is not an option.”

Bowen said he would “fully want to protect the boat ramp and the right to launch,” but that it could be done with easements and other agreements.

“Getting out of the rental business is the best thing for Mathews County,” he said.