King and Queen County Board of Supervisors Meeting Tuesday, October 12, 2010 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 Morris called the October 12, 2010 meeting to order. Mr. William Gwathmey provided the invocation followed by the Pledge of Allegiance to the Flag of the United States. APPROVAL AND SIGNING OF THE AUGUST 23, 2010, SEPTEMBER 2, 2010 AND SEPTEMBER 13, MINUTES OF THE BOARD A motion was made by Mr. Simpkins and seconded by Ms. Alsop to approve the minutes with following corrections to be made. Mr. Simpkins noted two typo s, being on page 2 of the August 23 rd minutes, number 6, Electoral Bail-Out. T was left off of advised the Board and W was left off has now put. AYES: D. H. MORRIS, J. L. SIMPKINS, J. M. MILBY, JR., S. C. ALSOP, M. W. MCDUFF ABSTAINED: D. H. MORRIS (August 23 rd minutes) Mrs. Morris noted that she was abstaining from the August 23 rd minutes as she was not present. APPROVAL AND SIGNING OF THE OCTOBER 2010 WARRANTS AND APPROPRIATIONS A motion was made by Mr. Simpkins and seconded by Ms. Alsop to approve the October 2010 warrants and appropriations, and file as subject to audit. AYES: D. H. MORRIS, J. L. SIMPKINS, J. M. MILBY, JR., S. C. ALSOP, M. W. MCDUFF 1
PUBLIC COMMENT PERIOD Chairman Morris asked that those wishing to speak, to please state their name, district that they are from and to please limit their comments to around two minutes. Those speaking: Michael Martin, St. Stephens Church District, spoke in favor of Mr. Carroll Lee Walker s proposal to renovate, restore and reconstitute the old Marriott School Building into a library and community center and could not see any reasons why the Board would not vote to allow Mr. Walker to turn the structure into a place where it once again would be an important part of this community and could once again be proud of. Anita Martin, St. Stephens Church District, spoke in favor of Mr. Walker s proposal, reminiscing of days passed and urging the Board to approve Mr. Walker s proposal to purchase the Marriott School Building and Grounds so that this historic building can be restored and used by the community once again. Beth Hayes, St. Stephens Church District, commented that she was excited and impressed with the number of folks that have lived here for years and attended the Marriott School and are interested in preserving this historic resource, asking that the Board take Mr. Walker s generous offer to undertake the task. Carolyn Schools, Mechanicsville and former resident, expressed that she was elated that Carroll Lee would want to purchase the Marriott Schools. Ms. Schools begged that the Board look at this and take a vote. William Gwathmey, St. Stephens District, if asked if bias of this situation, he was. His class was the first class to graduate from this building. Mr. Gwathmey would like to see the building serve the community. Betty Gwathmey, St. Stephens District, expressed that when she thinks about Marriott School she thinks about the first day they walked in, in September of 1938. Ms. Gwathmey further commented that Carroll Lee s and Biddy s offer to preserve something of importance to the citizens of the community is a generous offer. Jerry Davis, Stevensville District, expressed his thanks to all those who have been involved in the KQCD Marriott School Project for the past 9 years. Mr. Davis further expressed that he did not get involved with the project because of sentimental value, but because of the County. KQCD decided what was best for Marriott and upon doing so, Carroll Lee Walker decided to do something. Mrs. Walker resigned from KQCD because of what someone would think. Mr. Davis further expressed that the Board of Supervisors has more information than they have and the Board has to make the decision. Mr. Davis expressed if there is question as to the cost, to raise his taxes, that he would be glad to pay more to have something we can be proud of. Mr. Davis thanked the Board for their consideration and hoped it would be favorable. 2
DEPARTMENT HEADS AND SCHOOL SUPERINTENDENT S REPORTS School Superintendent Charles Clare was present providing the following update: As Superintendent and listening to all the comments said relating to the Marriott School, makes him proud to be Superintendent in King and Queen County because to him that message is loud and clear when right decisions are made. Thanked the Board for the flexibility in allowing them to purchase the extended length bus. Mr. Clare commented that the bus did arrive on time and is serving the need of the community and day care center. Membership to date, K 12 is 740 students. The budget was based on 730. At the August meeting the Board requested that we share a balanced budget for FY 11. Since that time the school division has received several grants allowing multiple amendments to be made to the budget, and he shared the components of these grants. There was an additional stabilization fund amount that allowed them to recall some positions of which must be associated with instructional classrooms. Advised that the Jobs Bill awarded King and Queen County Schools $194,620.00 to recall for staffing. The School Board has only approved 3 part-time custodians and 3 part-time cafeteria workers. Remaining dollars are under consideration for the next school year. Reported of School Improvement Grant that was approved in the Spring. Also, advised that it is planned to present a balanced budget at this month s School Board monthly meeting and upon their approval will be able to share with the Board at the November meeting. Sheriff John Charboneau provided the following report: Reported that one of deputies was involved in an accident due to a tree falling on his vehicle. The incident occurred on Poorhouse Lane. Thankfully the deputy was not hurt seriously, reporting of a broken thumb and skin shaved on his face. Animal Control Report: Responded to 85 animal calls, issued 4 summons, reported of one bite and 74 animals were taken in from traps and voluntarily. Total number of animals taken to the regional animal shelter were 73, 19 were impounded, 4 were seized, 1 put down and 51 were surrendered. Total dogs taken were 16, 56 were cats and 1 wildlife animal. Traffic Report: Advised that 142 summons were issued, 159 total papers were served, 13 arrest were made and 29 offence reports taken. Commonwealth s Attorney Charles Adkins advised of the following: Reported that Term Day was held, presenting 8 cases, 3 of which involved theft at the airport by the skydivers for non authorization of credit cards, and 2 involved breaking and entering and grand larceny of a dump truck. 3
Mr. Adkins further advised that they have a murder case coming up with Mrs. Morris being one of the star witnesses. Clerk of the Circuit Court Debbie Longest did not have anything to report. DEPARTMENT OF SOCIAL SERVICES REQUEST APPROPRIATION It was noted that no Appropriation was received from the Department of Social Services. Mrs. Morris asked that a letter be sent to the Director of Social Services Betty Dougherty, reminding her of the deadline in which to submit information in the Board s packet for their review. A motion was made by Mr. Simpkins and seconded by Mr. Milby to approve the appropriation request given to them at the meeting in the amount of $130,000.00 AYES: D. H. MORRIS, J. L. SIMPKINS, J. M. MILBY, JR., S. C. ALSOP, M. W. MCDUFF LANDFILL UPDATE, TIM LOVELAND, REPUBLIC SERVICES Tim Loveland was present to provide an update to the Board and also presented them with a hand out. Mr. Loveland advised that the update provides information on what they have been doing this year in regards to tonnage and comparing with 2009. Mr. Loveland advised that they are 120,000 tons short of where they were at this time last year. In other matters: He advised that they are in jeopardy of loosing one of their biggest haulers and will know something after December 31 st. Reported that payments have been made with the 1 st being June of $1.2 million, in September the annual contingency fund payment of $145,000 was made. Scheduled in October is the annual donation to the 6 squads in the amount of $1,000 each. In Nov/Dec., the base rent and semi annual additional rent payment will be made. No cell construction has been going on this year and none is planned for next year. Advised that they expanded the gas well, collecting methane gas which has increased from 3200 standard cubic feet per minute to 4,000 standard cubic feet per minute. Advised that they are producing more gas than their plant can handle and that Ingenco is in the process of upgrading their plant. PUBLIC HEARING REZONING REQUEST SUBMITTED BY GORDON R. WILLIAMS & WILLIAM J. JOWERS, JR., - TROPICAL TRAILERS 4
Thomas Swartzwelder County Administrator provided background information on the rezoning request submitted, advising that the Planning Commission held a public hearing on a rezoning request of a 2 acre parcel from Agricultural to General Business and a Level 2 Site Plan to allow for a trailer/shed retail establishment, County Tax Map Parcel No. 1623-64L-216C. The property is located at 315 Lewis B. Puller Memorial Hwy in the Buena Vista Magisterial District, better recognized location of being the former fireworks display. The Planning Commission voted recommending approval of the rezoning and level 2 site plan as submitted with written voluntary proffers. Mr. Swartzwelder reminded the Board that they do not hear or review Level 2 site plans on the rezoning of the property. Mr. Swartzwelder further commented that they have already had a problem in regards to setbacks and have been given approval by the Board of Zoning Appeals resolving that issue. The business name will be Tropical Trailers of which will sell utility trailers, wooden storage sheds and would also like to offer for sale high end muscle cars that have been restored. Proposal/Restrictions submitted by Mr. Williams: 1. There will be no more than 3 sheds on display for sale at any given time in the front display area. 2. There will be no more than 10 utility trailers on display for sale at any given time in the front display area. 3. There will be no more than 3 used vehicles (muscle cars mostly) for sale at any given time. 4. All items on display will be at least 50 from the front property line at all times. 5. All items will be displayed in accordance with the location as shown on the site plan. 6. Hours of operation will be Monday Friday 9:00 a.m. to 5:00 p.m., and Sunday 1:00 p.m. to 5:00 p.m. 7. Property maintenance equipment (such as mower and lawn tractor) will be stored behind the fence/building. 8. At this time, the existing retail building will be used for trailer part sales (for example: tires, wires, hitched, etc.) 9. An 8 wide vegetated buffer or 6 privacy fence will be maintained on all sides of the property except its frontage. Note: The applicant is aware that any changes to the site plan require county approval. Chairman Morris opened the public hearing for comments. After hearing no comments the hearing was closed. Mr. McDuff commented that his only problem is for the addition of basically a used car lot. The applicant says that there will not be any more than 3 muscle cars at any time, and in keeping the county rural, did not mind this business, however, he did not want to see it turn into a used car 5
lot. Mr. McDuff further commented that he has a problem with selling high end vehicles such as what has been proposed, as it could produce more crime in the area. Ms. Alsop questioned if the proffers are no more than 3 and he places 4 on the property what happens. Mr. Swartzwelder advised that he would be notified that he was in violation of his rezoning; it would be standard just like we do for any other violation. They would get a letter advising that they are to get in touch with the County within 10 days, if no response, a second letter is sent out and if after that, we would either go to the Commonwealth s Attorney or Sheriff and take to General District Court or proceed under a civil action. It would be a 60 to 90 day process. He would not loose his zoning, he would merely be out of compliance. Mr. Simpkins questioned if his property was going to be chained or locked. Mr. McDuff commented that he would not think that he would leave them out in front but behind a fence. Mr. Milby questioned the unanimous vote by the Planning Commission, and were all members present? Mr. Swartzwelder responded that all members were not present. Mr. Milby further commented that he believes that Mr. Roane was not present at the meeting and is opposed to that project. After further discussion, a motion was made by Ms. Alsop and seconded by Mr. Milby to accept the Planning Commission s recommendation approving the rezoning request with proffers as submitted on plat and correspondence. AYES: D. H. MORRIS, J. L. SIMPKINS, J. M. MILBY, JR., S. C. ALSOP, M. W. MCDUFF BUDGET AMENDMENTS/TRANSFERS A motion was made by Mr. McDuff and seconded by Ms. Alsop to approve the following budget transfer and amendment: Budget Transfer to part-time from Custodial Supplies $22,186.00 (Custodial Agreement was cancelled with Schools) Budget Amendment repurchase of county land in the Bohannon Industrial Park That was approved at the August 2010 meeting - $76,095.50 transfer from Fund Balance AYES: D. H. MORRIS, J. L. SIMPKINS, J. M. MILBY, JR., S. C. ALSOP, M. W. MCDUFF 6
APPOINTMENTS/REAPPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS PLANNING COMMISSION to replace Mr. Litchfield Stevensville District Tabled BOARD OF ZONING APPEALS to replace Donna Graham St. Stephens Church District Tabled DRAGON RUN STEERING COMMITTEE to replace Mr. Herrin as citizen member Tabled CPMT PARENT REPRESENTATIVE to replace the Kimlicks Tabled WETLANDS BOARD- ALTERNATE MEMBER It was noted that Robert Gibson s term as alternate member has expired. Mr. Swartzwelder advised that Mr. Thompson is contacting Mr. Gibson to see if he is interested in serving another term. DISCUSSION OF COUNTY PERSONNEL POLICY Ms. Alsop advised that some questions had come up from last month and the Board wanted some answers and asked that this be discussed later in Closed Session. SALE OF MARRIOTT SCHOOL AND ACREAGE TO CARROLL LEE WALKER County Administrator Thomas Swartzwelder provided background information on the proposals received from Mr. Walker. At the present time, the County has received four (4) different proposals from Mr. Walker on his desire to purchase the property. Initially he wanted to pay the difference between some property that the County had approached him about next to the Dahlgren Landfill, which would be around $80,000, with him renovating the Marriott School Building and placing the County library in the building for $3,000 per month for rent, which the Board felt was an excessive amount for rent. Since then, we have a number of other offers. Mr. Walker has now made a new offer of which he was advised about last Tuesday. His current offer is asking the Board to set a purchase price on the building and 3 to 5 acres. Only the library and community center are not being offered to be placed in the building. 7
Ms. Alsop expressed that she has some ideas to put out, but needs to go into closed session in which to do that. Mr. Simpkins commented that what made it attractive to him was the fact that they were talking about putting the library in the building, but if we are now talking about not putting it in there it is not quite as sweet of a deal. There are questions as to what it is going to be used for. Mr. Simpkins expressed that he felt that the whole thing is too complicated. We need to make it simple. Keep the landfill issue separate from the Marriott School. Mr. Swartzwelder commented that Mr. Walker is not saying he is not going to put a library or community center in there, he is just saying give me a price and then we will talk about the rest. Mrs. Morris expressed that Mr. Walker s proposal is a very generous offer and believes that he will do a library and agrees with Mr. Simpkins, that there is too much going on. COUNTY ADMINISTRATOR S COMMENTS Mr. Swartzwelder had the following comments: Advised that he attended the Public Assess Authority because they are considering a dredging project within the region. The cost to participate in the study is $1,500.00 to see whether it needs to be dredged and then if dredging needs to be done it would be paid for with our tax dollars with an approximate cost of around $50,000.00. Mr. Swartzwelder questioned whether the Mattaponi River was on the Maintenance List and asked that it be looked into and if so, clean up the Upper Mattaponi. The Board needs to decide whether they want to participate or does the Board want to wait. Mrs. Morris recommended and Mr. McDuff agreed to not participate in the study and that the maintenance issue be pursued. Advised that we had failed the E & S test with Richmond, however, we are now in full compliance. We are the first jurisdiction to do so. Mr. Swartzwelder recognized Mr. Thompson and Ms. Sprouse for their hard work. Advised that he has been approached by Wallicia Gaines who is asking permission to use the County Seal/Coat of Arms on KQCD things such as fund raising letters, etc. Ms. Alsop expressed that she has a little bit of a problem, as others who receive information from KQCD may feel the County is associated, when they are not. It was the consensus of the Board to not allow the Coat of Arms to be placed on other organizations literature. 8
Advised that we received from USDA, a notice to proceed relating to the Library Grant project. They have now instructed the County to have plans and specs prepared for the building, which requires us to hire a firm, would think since we are using Resource International that we would continue with them to prepare this, at a cost of around $11,200 to prepare the proposal. This would be reimbursable under the grant if we take the grant, but if we spend the money now and then turn the grant down, it would not be reimbursable. They also voluntarily lowered the interest rate from 4. 2% to 3.75% last week, so we are really going to have to move fairly soon within the next 2 weeks, to get this started, to show we are interested. This project is done with stimulus money. Provided a radio update. The entire system was delivered with all components deployed in the field to the 4 different shelters in the compounds. All antennas have been hung. Commissioning team from New Zealand arrives on the 18 th and will be up and in the air by the end of the month for all its testing. Advised that we continue to negotiate with Tate as we move through this process and will see that there are change orders, as we negotiate outside the contract. BOARD OF SUPERVISORS COMMENTS Mr. Milby had the following comments: Thanked everyone for coming out and a safe trip home and hoped to see everyone back soon. No report on the Airport Authority Advised that due to his work schedule, he has not been able to attend the last 2 or 3 meetings and we may want to consider having someone to sit in for the next few months. Encouraged everyone to exercise their privilege to vote on November 2 nd. Asked if there was an update on the reassessment. Mr. Swartzwelder advised that Pierson s Appraisals began their site work this last week, downloading tax cards. They did jump the gun in going out into the field. Questioned Lower King and Queen Fire Department beginning their first Rescue calls. Mr. Swartzwelder advised that he looks for them to go full speed at the lastest the first of the year. Mr. Simpkins had the following comments: Expressed that he was glad to see such a good number in attendance at the meeting. Knows that a lot are concerned about the Library and advised that the Board is looking out for every ones interest, thanking those that have given him phone calls. The Upper King and Queen Ruritan Club will be holding a Sheriffs Candidate night this Thursday at 7:00 P.M., a time for meet and greet with a question and answer session. Hoped everyone has a safe trip home 9
Mr. McDuff had the following comments: Thanked everyone for coming to the meeting Advised that Community Pride Day is this Saturday the 16 th. On Friday, there will be a dinner, so come out and support your community. Echo s Mr. Milby s thoughts. Can t complain if you don t come out to vote. Ms. Alsop had the following comments: Thanked everyone for coming out. Advised that she missed going to the Rappahannock Indian PowWow, of which she understands a great time was held. Advised that they lost another member of the Newtown area, Ollie Alsop passed and was funeralized this past weekend. Expressed how excited she was about the new radio system. Advised that the PDC will be holding their legislative dinner on the 27 th, which is normally held in November and hopes that some can come out and express some of our concerns. Encouraged everyone to come out and vote. Expressed that she is excited and thankful that we have people that live in King and Queen that want to take an old school and rehab it, thanking Mrs. Walker and her husband for doing that. Mrs. Morris had the following comments: Expressed her appreciation for all that that came out and for those that are in support of the Marriott School Project, thank you for your comments. Again, the Board is going to do everything that we can do to look out for the best interest. It was a very generous offer by Mr. Walker and hope that we can come to some sort of decision tonight. Hoped everyone will have a safe trip home and to please attend the meetings again CLOSED SESSION PURSUANT TO SECTION 2.2-3711 (A) 1 PERSONNEL MATTERS TO DISCUSS SPECIFIC EMPLOYEES IN THE SHERIFFS DEPARTMENT AND ISSUES REGARDING PERSONAL LEAVE 2.2-3711 (A) 3 TO DISCUSS THE ONGOING ISSUES WITH MR. WALKER RELATING TO CONVEN I ENCE OF REAL PROPERTY A motion was made by Ms. Alsop and seconded by Mrs. Morris to enter into closed session pursuant to Section 2.2-3711 (A) 1 of the Code of Virginia for the purpose of discussing personnel matters- relating to specific employees in the Sheriff s Department and Issues regarding Personal Leave and pursuant to Section 2.2-3711 (A) 3 of the Code of Virginia for the 10
purpose of discussing of ongoing issues of Mr. Walker relating to conveyance to real property to the County. AYES: D. H. MORRIS, J. L. SIMPKINS, J. L. MILBY, S. C. ALSOP, M. W. MCDUFF A motion was made by Mr. McDuff and seconded by Ms. Alsop 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. AYES: D. H. MORRIS, J. L. SIMPKINS, J. M. MILBY, JR., S. C. ALSOP, M. W. MCDUFF Mr. Swartzwelder advised that the only other issue discussed was a counter offer with Mr. Walker. NO ACTION WAS TAKEN A motion was made by Mr. McDuff and seconded by Ms. Alsop to adjourn. IT IS ORDERED THAT THIS BOARD ADJOURN: Doris H. Morris, Chairman Thomas J. Swartzwelder, Clerk 11
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