King and Queen County Board of Supervisors Regular Meeting Monday, November 7, 2016 7:00 P.M. King and Queen County Courts and Administration Building General District Courtroom Minutes of the Meeting INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES Chairman Alsop called the meeting to order with all members present except Mrs. Morris. Mr. Simpkins provided the invocation followed by the Pledge of Allegiance to the Flag of the United States. APPROVAL AND SIGNING OF THE OCTOBER 6, 2016 AND OCTOBER 11, 2016 MINUTES OF THE BOARD A motion was made by Mr. Burns and seconded by Mr. Bailey to approve the October 6 th and October 11 th, 2016 minutes of the Board as presented. APPROVAL AND SIGNING OF THE NOVEMBER 2016 WARRANTS AND APPROPRIATIONS 1
A motion was made by Mr. Simpkins and seconded by Mr. Bailey to approve the November 2016 warrants and appropriations, with additional warrant (JPM) and payroll (over-time) attached for approval, as amended. SCHOOL REVENUE JULY 2016 A motion was made by Mr. Simpkins and seconded by Mr. Bailey to approve an appropriation in the amount of $290,360.32 for School Revenues for the month of July 2016. AYES: S. C. ALSOP, R. F. BAILEY, JR. J. L. SIMPKINS, J. M. BURNS County Administrator Thomas Swartzwelder advised the Board, that historically the Treasurer has sent an email certifying that amount. Mrs. Longest is doing the entering of the figures, so if the number is in there, then we will not be seeing those e-mails any further. PUBLIC COMMENT PERIOD Chairman Alsop opened the public comment period, asking that those who wish to speak to please come forward stating their name and district and to limit their comments to three (3) minutes. After hearing no comments, the public comment period was closed. QUARTERLY REPORTS FROM CONSTITUTIONAL OFFICERS AND DEPARTMENT HEADS Social Services Director, Betty Dougherty provided the following report: Advised that Virginia will be making some changes to child welfare services in the near future. 2
Advised that November is National Adoption month. In King and Queen County, two children are eligible for adoption and they have been placed in an adoptive home in West Virginia. Advised that they continue to accept fuel assistance applications through November 14 and the Crisis component will continue to run until March 15. Republic Services Operations Manager, Pete Kistner provided the following report: Provided a written report advising that things have been going pretty well. The tonnage this year has continued to be up significantly compared to last year and they are already almost 100,000 tons more in just the 10 months this year. Advised that all three (3) of the quarterly compliance inspections with DEQ went well, with no issues. The gas system project all went though and was completed on time. With all the weather and rain, they have had no major incidents just minor erosion and have taken care of that. They have completed about 10 acres of seeding, with 4 or 5 acres left. Superintendent of Schools Carol Carter had the following comments: Provided a handout of the monthly membership report with an average daily membership of 823, with their budget being based on 795 students. Provided the sports schedule for their winter sports Provided the monthly disciplinary report Schools will be closed on Election Day and on November 17 th of which parent teacher conferences will be held and encouraged the Board to schedule a tour of the buildings. Commented that they are still in need of bus drivers Thanked the EMS staff with a recent medical emergency at Central High School and appreciates the dedication and compassion by EMT Kevin Mounts. Thanked each member for what they do every day for the children of King and Queen County. Wished each one a Happy and Healthy Holiday Season and for the continued support of their students and staff Mr. Burns asked for an update on the HVAC system. Mrs. Carter responded that they bought the parts to fix one of them, the other rooms they switched students to a 3
different classroom and the other room, students are not scheduled to be in that room. Mr. Burns further questioned, if we were not going to fix them? Mrs. Carter responded that she met with Mr. Swartzwelder last week and they are going to work on a plan. Only one has been fixed since last month. Commissioner of the Revenue Kelly Lumpkin provided the following report: Advised that on August 24, 2016, the Real Estate bills were submitted to the Treasurer s Office and on September 19 th, the bills were mailed. On August 26 th, 2016 the personal property bills were submitted to the Treasurer s Office with bills being mailed on August 20 th, 2016. Advised that during the month of October they will be working on submitting the 2017 Business License file to the Treasurer by October 28 th of which are due by January 31 st. Advised that vehicle license fee exemption applications for Volunteer Fire Departments and Rescue are due. Applications must be certified by the Squad President or Fire Chief and are due in her office by January 31 st. Advised that her office will be mailing out the applications for Real Estate Tax Exemption for the elderly and disabled in January, after which appointments will be scheduled starting March 1 st for those who many need help with the application. Report on Reassessment Advised that as of October 3 rd 2016, the residential field work has been completed and there is one more residential map to review. Commercial property has been listed and is being reviewed at the current time. Notices are scheduled to be mailed November 7 th with hearings to be held November 21 st through December 6 th, with exception of November 24 th and 25 th for Thanksgiving. Advised that the Assessors are on schedule for completing the reassessment process. Clerk of the Circuit Court Vanessa Porter provided the following report: Advised that her office is working towards obtaining another Circuit Court Preservation Program Item Conservation Grant through the LVA. Paperwork was submitted on October 24 th, 2016 for this grant. 4
Advised that she is still working to receive her certification, having the opportunity to attend the last of 6 classes needed to complete the Certified Court Manager Course in the National Center for State Courts Career Development Program, of which was held September 2th 28 th. Advised that once her office receives two clean audits, she will then be eligible to apply for certification. Advised that on November 29 th 30 th, her office will be receiving in house training from the Judicial Division of the Supreme Court on the Case Imaging System, which will allow them to begin scanning court cases into their computer system. This will enable the Judge, Commonwealth Attorney or, through subscription, other Attorney s to view case files if and when needed without leaving their offices. Thanked the Board for the new bulletin Board at Circuit Court Commonwealth Attorney Charles Adkins had the following comments: Advised that they have had pretty much the same variety of cases going on that they normally have, and maybe the cases were down a little bit, with the exception of drug cases as they continue to see that problem, especially heroin. Sheriff Charboneau had the following comments: Provided the Board with a quarterly report summarizing general information concerning court dates, transports, papers served, warrants, summons and traffic tickets issued as well as number of vehicle crashes reported. PUBLIC HEARING AMENDMENTS TO THE FY2016-2017 ADOPTED BUDGET NATIONAL FISH AND WILDLIFE FOUNDATION GRANT - $200,000.00 GRANT AND REGIONAL RADIO SYSTEM County Administrator Thomas Swartzwelder verified proof of publication of said public hearing on the following and advised that the National Fish and Wildlife Foundation Grant in the amount of $200,000.00 requires a $200,000.00 local match in funds has been received for the purpose of making capital improvements at the King and Queen County Courthouse complex. The improvements include 5
modification of the drainage system as well as parking expansion and repair. Funds within the King and Queen Capital Improvement Fund will be used to meet the required match amount. The county share would come from the capital improvement fund. The second budget amendment relates to the Regional Radio System. King and Queen County and Essex County have the opportunity to partner in a regional radio communications system. The total cost of this project is $1.9 million. King and Queen County s share of the project is estimated to be $650,000.00 for the county portion. These cost include upgrade of King and Queen s current radio communication system, radio equipment and engineering costs. Mr. Swartzwelder advised that the public hearing is required because they are more than 1% change in the budget. Chairman Alsop opened the public hearing for comments. After hearing no comments from the public, the public hearing was closed. Mr. Burns commented that he had a question concerning the tower at the lower end of the county and if the landowner has been contacted. Mr. Swartzwelder responded that he had and that he was going to speak about that later. He is going to let the County build a tower at no charge. Mr. Hunter is working with the engineers on two different solutions. A motion was made by Mr. Bailey and seconded by Mr. Burns to approve the two (2) above mentioned budget amendments, one for the National Fish and Wildlife Grant and the Regional Radio System. A motion was further made by Mr. Burns and seconded by Mr. Bailey authorizing Mr. Swartzwelder, County Attorney to execute the document. 6
FIREARMS RIDER DEPARTMENT OF GENERAL SERVICES COUNTY ADMINISTRATOR County Administrator Thomas Swartzwelder advised that the Governor issued an Executive Order that says that all state offices have to be gun free zones and since the Health Department is a lease from the County they would like to amend their lease to state that it is a gun free zone and authorize someone to sign the amendment. A motion was made by Mr. Bailey and seconded by Mr. Burns to approve the firearms rider and that the Chairman of the Board is authorized to sign for approval. APPOINTMENT TO VARIOUS BOARDS AND COMMISSIONS King and Queen County Planning Commission Stevensville District (to replace Freddy Byrd) TABLED Board of Zoning Appeals Newtown District (to replace Mr. James L. Dabney) TABLED VASAP (Appointment tabled from October 2016) County Administrator Thomas Swartzwelder advised that at the request of the Middle Peninsula County Administrators, the group came down from Richmond to speak with them a little about some of the issues that plagued VASAP. They have completely restructured and Richmond has hired a new Director and they are asking that everyone make an appointment and adopt a resolution in support of them. We are not obligated to have a member and they have to provide the program to us. Our prior member does not wish to serve again. It appears that there have been 7
some management issues between Richmond and the Director which caused the entire local board to resign. No action is really required at the current time, but if the Board wanted to adopt a resolution they could do that. VIRGINIA PENINSULA PUBLIC SERVICES AUTHORITY APPOINTMENT A motion was made by Mr. Simpkins and seconded by Mr. Bailey to reappoint Thomas Swartzwelder to the Virginia Peninsula Public Services Authority for a four (4) year term. RESOLUTION REAFFIRMING KING AND QUEEN COUNTY ENDORSEMENT OF AN INDEPENDENT POLICY BOARD FOR THE TRI RIVER ALCOHOL SAFETY ACTION PROGRAM A motion was made by Mr. Simpkins and seconded by Mr. Bailey to adopt the following resolution as presented reaffirming King and Queen County endorsement of an independent policy Board for the Tri-River Alcohol Safety Action Program. R E S O L U T I O N WHEREAS, the Commonwealth of Virginia, in the interest of highway safety, has enacted laws to create programs for probation, education, and rehabilitation of persons convicted of driving motor vehicles under the influence of alcoholic beverages and other self-administered drugs. These programs are known as Alcohol Safety Action Programs or ASAPs; and WHEREAS, since 1984, the local program "Tri River Alcohol Safety Action Program" has been serving the Counties of Essex, Gloucester, King & Queen, King William, Lancaster, Mathews, Middlesex, New Kent, Northumberland, Richmond and Westmorland providing probation, education, and 8
monitoring of persons charged in violation of Virginia Code Section 18.2-266, and providing other services approved by the Commission on VASAP; and WHEREAS, Sections 18.2-271 and 18.2-271.2 of the Code of Virginia establish a Commission on VASAP; said Commission to establish procedures for the operation of local ASAP programs; and April 3, 1987, said Commission issued directives that all local ASAP programs would establish and implement an independent Policy Board, representative of localities served, to operate the program; and NOW, THEREFORE, BE IT RESOLVED that, the County of King and Queen hereby affirms its position as a participating locality in the Tri River Alcohol Safety Action Program, herein called the Program, endorses the continuation of an independent Policy Board, and agrees to the following: 1. The Policy Board consists of at least five (5) but not more than thirteen (13) members. 2. Each city and county governing body shall appoint one (1) member to serve as a representative to the Tri River ASAP Policy Board for a term of three (3) years; and additional Policy Board members shall be elected according to the Policy Board's by-laws. Membership not appointed by the governing bodies of represented jurisdictions, at the discretion of the Board, shall be selected or elected from but not limited to the judiciary, the bar, law enforcement, education, treatment professionals and other interested groups such as local transportation safety commissions. Vacancies which occur on Board shall be filled by majority vote of the remaining Board Members from nomination of other Board Members and participating governing bodies of the jurisdiction. 3. A Chair, Vice Chair and Secretary shall be elected in accordance with the bylaws. The Program's Executive Director shall serve an ex-officio member without voting power. 4. The Policy Board shall hire and supervise the Program's Executive Director. The Executive Director shall be responsible to implement operational policies for the Program, hire and supervise staff for the Program and control all revenues and expenditures. The Executive Director shall serve at the pleasure of the Policy Board. 5. The program shall be operated by the Board in compliance with the VASAP Commission Policies and Procedures and in conjunction with requirement of the local administrative and fiscal agency. 6. Each fiscal year, the Executive Director shall prepare a budget and submit it for approval to the Tri River ASAP Policy Board and the Commission on VASAP. The VASAP Commission shall also oversee program plans, operations, performance and 9
a system for allocating funds to cover deficits that may occur in the budges of the local program. 7. An annual report shall be prepared under the supervision of the Policy Board indicating the activities of Tri River ASAP. 8. This agreement shall remain in effect continuously from year to year until termination either by the Tri River ASAP Policy Board, local jurisdiction, or the Commission on VASAP. If a locality withdraws, its representatives shall no longer serve on the Tri River ASAP Policy Board. This agreement supersedes any previous resolution that was adopted for the Tri River Alcohol Safety Action Program. 9. The Program may acquire and own real property and personal property as approved by the Policy Board and upon approval of the Commission on VASAP for the Program's operation. Title to such property shall be vested in the Program. Should the Program cease to operate, all property shall be disposed of pursuant to applicable provisions. BUDGET AMENDMENTS LITTER CONTROL A motion was made by Mr. Bailey and seconded by Mr. Burns approving a budget amendment in the amount of $5,692.00. KING AND QUEEN COUNTY PLANNING COMMISSION REQUEST FOR BOARD TO HOLD A PUBLIC HEARING ON ZONING TEXT AMENDMENT ZA16-04, ARTICLE 4, TABLE 4.1, PERMITTED USE TABLE AND ZA16-04, ARTICLE 16, SIGNS A motion was made by Mr. Burns and seconded by Mr. Bailey to hold a public hearing on the above listed proposed amendments at the next regular scheduled meeting of the Board to be held on Monday, December 12, 2016 at 7:00 P.M. 10
Mr. Burns commented that he has been reading over the sign ordinance and that there are some areas that he would like for the Planning Commission to revisit, especially dealing with electronically transmitted signs in different areas. Currently Schools or Churches could not put up those type of signs. It was the consensus of the Board to send Mr. Burn s concerns back to the Planning Commission. This would not have anything to do with the current zoning text amendments. COUNTY ADMINISTRATOR S COMMENTS County Administrator Thomas Swartzwelder had the following comments: Advised that as Mrs. Lumpkin has advised the assessments are complete. The Assessors are anticipating a 5% increase that is not cross the Board, a total amount. When we get the land book we will be able to see better. If this is the case when they finish, the Board will probably be in the situation to equalize as we move into the next year. Advised that all the work has been completed in the Circuit Court building and thanked the Clerk s Office for their patience. The floor has been taken up, replaced and all the issues taken care of and dehumidifiers and venting system has been installed. Advised that VPPSA is interested in acquiring a piece of land in the Industrial Park. The Board had advised him of the range that they wanted to be in, being approximately $25,000.00 and that they agree to fix the County vehicles at cost. The Regional VPPSA Board has agreed to this and now goes to the big Board next month and then ultimately they will send a MOU with all the details and then the Board of Supervisors will have to hold a Public Hearing for disposing of property. They are on track to build that facility here, being their regional office. BOARD OF SUPERVISORS COMMENTS Mr. Burns had the following comments: Thanked everyone for coming out and all the reports that were presented and hope that everyone will have a chance to go out and vote. 11
Mr. Simpkins had the following comments: Thanked everyone that came out to the meeting Expressed that he understood that there was a harvest festival at the Farmers Market and also understands that it was not advertised other than facebook and feels this is part of the problem with the farmers market, to have an activity and to advertise it only like that. He was in attendance at the Farm Bureau with all local Board Members of King and Queen and not a single one knew anything about it. One lady commented that her son or husband that was supposed to have a truck at the event did not know anything about it until Friday night that it was going to be on Saturday. Everyone was in dismay and here lies the problem with the Farmers Market. Until we have someone that can run the Farmers Market, we are going to continue to have problems there. Commented on the HVAC system at the School. In going through some of his files and looking through reports, he found that in 2014 it has some of those units listed that are in discussion currently. According to that report we have 62 units that were installed in 1996. A repair and replacement cost at that time was $250,000.00. If he remembers correctly this was about the time the high school was renovated and they must have put all new units on there for them all to be the same age. We need to get on top of this. If we don t they are going to be 25 years old and would like to see the County Administrator and Superintendent come up with a plan of action and get someone in as a whole to see what we need to do with the HVAC units and would like to be updated monthly until we can come up with some solution. Mr. Swartzwelder commented that he met with the Superintendent and discussed putting out an RFP to get proposals because they still use a cooling tower, so those prices do not include the replacement of a 15 year old cooling tower. Wished everyone a Happy Thanksgiving Mr. Bailey had the following comments: Thanked everyone for coming out to the meeting and for all the reports that were presented, they do appreciate and look at them. Expressed appreciation to the Sheriff, Fire and Rescue Units in the County Asked that everyone watch out for animals going home Ms. Alsop had the following comments: 12
Thanked everyone for coming out to the meeting Friday is a holiday, Veterans Day and asked that everyone recognizes the Veterans in their areas Advised that she would be at VACO s Annual Presentation the next week and would be doing one presentation and that she was running for 1 st Vice- President. Ms. Alsop expressed that she has had a great time in serving as 2 nd Vice-President and hopes that she will be moving up. Wished everyone a Happy Thanksgiving and encouraged everyone to go out and vote. IT IS ORDERED THAT THE BOARD BE ADJOURNED: A motion was made by Mr. Bailey and seconded by Mr. Burns to adjourn the meeting. Sherrin C. Alsop, Chairman K. Diane Gaber, CMC, Deputy Clerk 13
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