King and Queen County Board of Supervisors Regular Meeting Monday, October 13, 2015 King and Queen County Courts and Administration Building General District Courtroom 7:00 P.M. Minutes of the Meeting INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES Chairman Simpkins called the meeting to order. Ms. Alsop provided the invocation, followed by the Pledge of Allegiance to the Flag of the United States. APPROVAL AND SIGNING OF THE AUGUST 25, 2015 AND SEPTEMBER 14, 2015 MINUTES OF THE BOARD A motion was made by Ms. Alsop and seconded by Mr. Milby to approve the August 25, 2015 and September 14, 2015 minutes of the Board. APPROPRIATION AND SIGNING OF THE OCTOBER 2015 WARRANTS AND APPROPRIATIONS A motion was made by Ms. Alsop and seconded by Mr. Milby to approve the warrants and appropriations for the month of October 2015, subject to audit. 1 Page1
APPROVAL OF WARRANT/APPROPRIATION OUTSIDE THE NORMAL WARRANT PROCESS PIER PROJECT County Administrator Thomas Swartzwelder asked for the Boards approval in the amount of $33,500 to be approved for payment and appropriation, outside of the normal cycle to Waterfront Development Corporation for the pier project. A motion was made by Mr. Milby and seconded by Ms. Alsop to approve and allow the payment/appropriation outside of the normal cycle. PUBLIC COMMENT PERIOD Chairman Simpkins opened the public comment period, asking that those who wish to speak, to please come forward, stating their name and district they reside and to limit their comments to three minutes. After hearing no comments, the public comment period was closed. QUARTERLY REPORTS FROM CONSTITUTIONAL OFFICERS, SCHOOLS, SOCIAL SERVICES AND VARIOUS OUTSIDE AGENCIES VDOT Joyce McGowan, Residency Engineer Ms. McGowan was present providing an update advising that a request to study the intersections along Route 33 at Routes 605 and 14 North and 14 South has been made to their traffic engineering office. The study should be completed towards the latter part of October. Once the results are in, they will be shared with the County. Advised that Rt. 609, Iris Road has been surface treated under the rural rustic road guidelines for a distance of one mile. Advised that Rt. 652, Vessels Road is the next road on the secondary six year unpaved road priority. It has a construction date of July 2017. This project will be constructed after the bridge project is completed adjacent on Rt. 721. Advised that the Rt. 721 bridge replacement at the Caroline County line is expected to go to advertisement in the spring of 2016 with construction beginning early summer. The temporary bridge will remain in use while we construct the new bridge. The new bridge will be put back in 2 Page2
the original location and the temporary bridge will be utilized onsite while the new bridge is being built. Advised that the pavers will be coming back to finish the paving on Rt. 14 to 614. Republic Services Pete Kistner Mr. Pete Kistner was present to provide a quarterly report advising that the tonnage by month compared to last year has pickup up some compared to September. Mr. Kistner further advised that for the 3 rd quarter there were no discrepancies. The gas system expansion project has been completed as planned. Sediment basins 3 and 5 were cleaned out late August and early September. Fall seeding is underway, having already seeded 15 acres with approximately 6-8 more planned. The last payment to the County was the Contingency Fee payment which was wired to the County on 9/30 per the contract in the amount of $159,613. The next payment will be the advance rent to be wired on Nov. 13 th in the amount of $244,083. The final payment this year will be the host fee payment due on December 13 th. This amount has not been calculated yet. Centerra International Training A report was submitted by Centerra International Training, Inc., for activities from July 13, 2015 October 13, 2015 advising of the following: There were 77 possible training days of nay type potentially available during those dates ITI conducted some sort of on-site training on 60 of the 77 days All training was conducted within allowable hours and at approved site locations Driver training was conducted on 4 Saturdays Firearms training was conducted on 2 Saturdays Driving training was conducted on 1 Sunday Firearms training was conducted on No Sundays Firearms training was conducted at night on 3 occasions No firearms training or tactical sound infusion was conducted or used on Labor Day or the Saturday before 4 half days of off road training was conducted in approved areas on site all other was conducted out of county Simulated IEDs were only used on 18 of the 77 allowable days A total of 100 simulated IEDs or blanks were used on those 18 days, or an average of 5 per uses per day Range 3 was only used on 4 days during the 66 day period School Board Carol Carter, Superintendent of Schools Superintendent of Schools, Carol Carter, advised the Board of the following: 3 Page3
Advised that Community Pride Day was the coming Saturday with parade beginning at 10:00 a.m., game at 1:00 and a dance that night. Advised that schools will be closed on November 3 rd Election Day Advised that the School Board Meeting will be held on Wednesday at 7:00 P.M. Thanked the Sheriff for alerting her during the Storm Advised that Ms. Taylor Morgan was the Student School Board Representative Provided a discipline report of 3 suspensions at the Elementary School and 5 at the High School. Advised that enrollment was up to 855. Social Services Director Betty Dougherty Ms. Dougherty advised: That King and Queen is scheduled for a CSA audit in December 2015. As part of the preparation for the audit process, CPMT will be holding a strategic planning retreat tomorrow. The auditors require that every County s CSA program have a current strategic plan. We will provide you with a copy of the approved plan. Advised that they are continuing to accept referrals for Broadus Baptist Church Missions Day on November 7 th. Advised that today was the first day to apply for heating assistance, with applications being accepted through November 13 th. Commissioner of the Revenue - Helen Longest Mrs. Longest was present to answer any questions concerning her report that she submitted. Her report included: Reported that the real estate and personal property assessments were completed on time this year, August 31, 2015. That there was an increase in tax revenue from real estate, personal property and Public Service over 2014 of $334,377.24, the largest amount as a result of new construction. The Elderly and Disabled tax credit on real estate is $19,755.57. Deeds and Wills have been read through August 2015 and transfers of real estate made accordingly. 315 business licenses have been issued this year, with 9 more waiting for approval. Advised that they continue data entry of DMV records monthly. That they also are busy making preparation for the reassessment which will begin in 2016. Treasurer, Irene Longest was not present, however, she did submit a report for the Boards packet. 4 Page4
Commonwealths Attorney, Charles Adkins Mr. Adkins reported: That they have a number of big cases going on Advised that today was term day and they had 32 indictments Advised that they received $2,700 two years ago and they have to spend the money on items not in the budget of which he has purchased five (5) new cabinets. As of today they have gone through 16 years of files. Sheriff Charboneau provided a report on the number of court days held, number of papers served, animal control calls, etc. Ms. Alsop commented that she noticed that there were a number of crashes in August. Sheriff Charboneau responded that this time of year dogs are running foxes, and deer have started running, which you will see deer accidents increase. Clerk of the Circuit - Debbie Longest Mrs. Longest reported the following: Advised that the third quarter was another steady one for their office and one with several changes and accomplishments. Advised that during the third quarter, July through August, they recorded 261 documents as land records, as opposed to 219 during the third quarter of 214. Advised that their office receipted for 33 concealed handgun permit applications during the third quarter and 26 were receipted for during that same time period in 2014. Reported that Vanessa Porter has recently completed the required coursework to become certified in the Virginia Court Clerks Association Career Development Program. Reported that Betty Watkins retired on August 31 st after almost 21 years of service. Advised that Patricia Reed has joined their office as a new Deputy Clerk and is doing very well. Advised that their office has received word from the Office of the Auditor of Public Accounts that their recent audit resulted in a good report and was grateful to Betty and Vanessa for their hard work to achieve this outcome APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS ECONOMIC DEVELOPMENT COMMITTEE/IDA STEVENSVILLE DISTRICT (to replace Bill Henley. Term expires August 2017) TABLED WETLAND BOARD NEWTOWN DISTRICT (to replace Williams Sims term expired April 12, 2015) 5 Page5
TABLED Ms. Alsop expressed that if there is someone that would like to take her district, as they do not have any wetlands in her district it would be ok with her. County Administrator Thomas Swartzwelder advised that the appointment does not have to be from the Newtown District and if someone else has someone in mind for appointment to please let them know. ALTERNATE MEMBER (Robert Gibson s term expired November 9, 2015) TABLED PROPOSED STORM WATER RESOLUTION A motion was made by Ms. Alsop and seconded by Mr. Milby to adopt the following resolution: RESOLUTION WHEREAS, many localities are increasingly concerned over the Commonwealth of Virginia s expanding reliance upon localities for the administration, implementation and enforcement of regulations promulgated at the state level; and WHEREAS, over the past several years, many changes have been made to the environmental laws in the Commonwealth of Virginia, including legislation imposing unfunded and underfunded mandatory local obligations regarding erosion and sediment control, the Chesapeake Bay Act and most recently, the significant expansion of the Virginia Stormwater Management Program (VSMP); and WHEREAS, many localities in Virginia expressed concern to their state government delegation about the reasonableness, efficacy and costs of implementing the Commonwealth s expanded Stormwater Management Program and other environmental regulations at the local level; and WHEREAS, many localities in Virginia have expressed concern regarding the liability they incur by becoming the VSMP plan approving authority, as well as the inestimable costs and responsibilities of the perpetual maintenance of abandoned stormwater facilities required or implied through the expanded Stormwater Management Program; and WHEREAS, the Senate of Virginia and the Virginia House of Delegates, in response to local government concerns, both passed by wide margins amendments to the Virginia Stormwater Management Program under House Bill 1173 / Senate Bill 423, which amendments allow local governments to choose either to manage their own Stormwater Management Programs or to Opt Out, leaving the administration, implementation and enforcement of the Program to the Virginia Department of Environmental Quality (DEQ). These were both Omnibus Bills with broad and unequivocal support from DEQ, Environmental Groups and representatives from the Construction/Development community; and 6 Page6
WHEREAS, the Governor of the Commonwealth of Virginia signed House Bill 1173 / Senate Bill 423 on March 24, 2014, and the bill was enacted immediately with an emergency clause contained therein; and WHEREAS, upon enactment, the Commonwealth of Virginia s lead environmental regulatory agency, the DEQ was established as the Commonwealth s VSMP Authority. The DEQ is the stormwater permitting authority and has the responsibility to implement, administer, and enforce the Commonwealth s environmental regulations in a uniform, consistent, efficient and timely manner across the Commonwealth; and WHEREAS, the Board of Supervisors of King and Queen County along with 54 other localities in Virginia, voted in 2014 to Opt Out of administering their own Stormwater management program, leaving the administration of the Program to DEQ; and WHEREAS, following the 2014 legislation, a Stormwater Advisory Group was convened and charged with making recommendations regarding consolidation and implementation of the Virginia s Water Regulations, including Stormwater and Erosion and Sediment Control, to the 2016 General Assembly; and WHEREAS, the Stormwater Advisory Group is largely comprised of representatives from the environmental community, engineers and DEQ staff and lacks sufficient representation from Virginia s Opt Out localities and Chesapeake Bay Act localities; and WHEREAS, while the Stormwater Advisory Group should be commended for their months of hard work, and in particular for the work on consolidating various environmental programs into one program under DEQ administration, the Group has focused a significant amount of time recently and has become sidetracked of late with a discussion on the benefits to DEQ of repealing the statutory right to Opt Out provided by the 2014 legislative amendments to the Virginia Stormwater Management Program and thereby returning to localities the responsibility of plan implementation, administration, and enforcement; and WHEREAS, a recommendation to repeal the statutory Opt Out constitutes nothing less than nullification by committee of the legislative action clearly embodied in the 2014 Omnibus legislation, nullification of a right guaranteed by both houses of the General Assembly and the Governor, and would require that each and every locality in the Commonwealth administer a separate version of the Virginia Stormwater Management Program, thus resulting in inconsistency, inefficacy and a cumulative burden that will increase both in size and cost each year, constituting nothing short of a significantly expensive and burdensome unfunded or underfunded mandate; and WHEREAS, DEQ has opined that Chesapeake Bay localities who exercise the statutory right to Opt Out receive an additional burden not shared by other localities by being forced to administer a local Stormwater Program for land disturbance projects between 2,500 square feet and 1 acre; and NOW, THEREFORE, BE IT RESOLVED THAT: The Board of Supervisors of King and Queen County STRONGLY OPPOSES any recommendation or effort to reverse or amend the action taken by the 2014 General Assembly in affording to Virginia s counties and cities the statutory right to Opt Out of administering the Virginia Stormwater Management Program, and further respectfully requests that the Stormwater Advisory Group support and seek implementation of the current law; and 7 Page7
The Board of Supervisors of King and Queen County respectfully requests that the Stormwater Advisory Group recognize and recommend that the statutory right to Opt Out be applied to all localities equally such that the Chesapeake Bay localities are not required to administer a local Stormwater Program for land disturbance projects between 2,500 square feet and 1 acre. BE IT FURTHER RESOLVED THAT: The Board of Supervisors of King and Queen County strongly recommends that DEQ and the General Assembly impanel an additional stakeholder group, more representative of rural and Chesapeake Bay localities, to conduct a comprehensive review of the efficiency and efficacy of the implementation and delivery of state environmental regulations and programs, to make recommendation for revisions on the delivery and implementation of these programs, and, if appropriate, draft the subsequent statutory and regulatory revisions, especially where the objective is to grant Opt Out alternatives to all localities equally. KING AND QUEEN COUNTY PLANNING COMMISSION REQUEST FOR BOARD OF SUPERVISORS TO SET PUBLIC HEARING DATE ON ZONING TEXT AMENDMENTS A motion was made by Ms. Alsop and seconded by Mr. Milby to hold a public hearing at the November 16, 2015 regular meeting of the Board on ZA15-03, ZA15-04 and ZA15-05, Chapter 3, Article 4, Table 4.1, Permitted Use Table. COUNTY ADMINISTRATORS COMMENTS County Administrator Thomas Swartzwelder provided the following update: Asked if the Board wanted to put pictures on the GIS System or put cartoon type houses for public view. Discussion was made between the Board members that were present with some expressing concern that there may be citizens in the county that live off the road that may not want information such as this available for public view. The Board also questioned what is the real advantage of having the picture. Mr. Milby expressed that he 8 Page8
would like to have some more time to think about it. Mr. Simpkins expressed that he was inclined to say no to the pictures. Mr. Swartzwelder would get with the other members to see what their feelings were. Provided a flyer for the Fall Festival that would be held at the Farmers Market on October 24, 2015. Advised the Board that the November meeting has changed to November 16 th and the Museum Council has extended an invitation to attend the annual dinner at 6:00 P.M., on the 16 th of November. Advised that the pier is finished and was currently working on the parking and lights. BOARD OF SUPERVISORS COMMENTS Ms. Alsop had the following comments: Thanked everyone for coming out, it is a busy time of year. Commented that the Election will be held before the Board meets again and hates to see Mr. Milby leave the Board and was upset that he did not run for re-election. Advised that the VACO Annual Conference is coming up and that she is running for 2 nd Vice President of the organization and hopes it will go well for her. Expressed that she hopes to see everyone at Community Pride Day. Mr. Milby had the following comments: Thanked everyone for coming and congratulated Ms. Alsop in receiving her Doctorate in Religion, as well, as her kind remarks. Congratulated Ms. Porter on her accomplishment Asked that everyone watch out for the deer when going home. Mr. Simpkins had the following comments: Thanked everyone for coming Asked that everyone go out and vote during the election Commented on scams on TV and how the elderly seem to be the targets, as his mother was almost a victim of a scam commending Deputy Russell for a good job done in providing an alert to this before it got too far down the road. Advised that Community Pride Day was coming up and come out and support it. Commented on a story relating to our Commissioner Helen Longest and the Essex County Commissioner in providing help to him when he was elected and that he would provide any help that he could in return. Advised that he participated in the interview process for the new Ag Agent and picked the one best suited. If he accepts it would be December before he starts. 9 Page9
Expressed the need for a 4-H person and should be able to fill that position pretty quickly Expressed to have a safe trip home, and to watch out for the busses and deer and farm equipment. CLOSED SESSION PURSUANT TO SECTION 2.2-3711 A (6) AND A (29) INVESTMENT OF PUBLIC FUNDS AND CONTRACT NEGOTIATIONS A motion was made by Ms. Alsop and seconded by Mr. Milby to enter into closed session pursuant to Section 2.2-3711 (A) 6 to discuss awarding public contract which requires the investment of public funds, where discussion in open meeting would adversely affect their negotiation position which has to do with expansion of public safety communications, and pursuant to section 2.2-3711 (A) 3 which has to do with acquisition of real property by the County for public use where public discussion would affect their negotiating. A motion was made by Ms. Alsop and seconded by Mr. Milby to come out of closed session with each member certifying by individual vote that only those public business matters lawfully exempted from the open meeting requirements of the Virginia Freedom of Information Act, were heard, discussed and considered in closed session. No action was taken. NOT PRESENT: D. H. MORRIS, R. F. BAILEY, Jr. IT IS ORDERED THAT THE BOARD ADJOURNED: A motion was made by Ms. Alsop and seconded by Mr. Milby to adjourn the meeting. K. Diane Gaber, Deputy Clerk J. Lawrence Simpkins, Chairman 10 Page10
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