King and Queen County Board of Supervisors Regular Meeting. Monday, June 11, :00 P.M.

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1 King and Queen County Board of Supervisors Regular Meeting Monday, June 11, :00 P.M. King and Queen County Courts and Administration Building General District Courtroom Minutes of the Meeting PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES Chairman Alsop called the regular meeting to order. Mr. Simpkins provided the invocation, followed by the Pledge of Allegiance to the Flag of the United States. APPROVAL AND SIGNING OF THE APRIL 23, 2012 AND MAY 14, 2012 MINUTES OF THE BOARD A motion was made by Mr. Milby and seconded by Mrs. Morris to approve the April 23, 2012 and May 14, 2012 minutes of the Board. AYES: S. C. ALSOP, J. M. MILBY, JR., D. H. MORRIS, R. F. BAILEY, JR. ABSTAINED: J. L. SIMPKINS (WAS NOT IN ATTENDANCE OF THE MAY 14 TH MEETING) BUDGET AMENDMENTS/TRANSFERS/SUPPLEMENTAL APPROPRIATIONS SHERIFFS DEPARTMENT (1) Budget Supplement - $1, The Sheriffs Office was awarded a Department of Justice, Bullet Proof Vest Federal Grant in the amount of $1, and is requesting that an amendment be made to their current budget under the Uniforms category. It was noted that the items have already been purchased, and the grant needs to be appropriated in order to process for payment. 1

2 (2) Budget Supplement - $2, The Department of Criminal Justice Services has awarded the Sheriffs Office the Byrne Justice Assistance Grant in the amount of $2, Per grant guidelines, the locality is required to provide the cash match of $ of which is included within the Sheriffs budget, per letter dated May 11 th. The Sheriff is asking that the Board accept this award and approve the supplement in the amount of $2, It was noted that the grant will be used to purchase 17 new cameras, replacing the current ones, which are at least 5 years old. (3) Budget Amendment/Supplement - $7, The budget amendment is being requested to cover projected fuel expenses for the remainder of the Budget year. (4) Budget Transfer - $1, The Sheriffs Department is requesting a budget transfer of $1, from Animal Control to the Sheriffs Department to cover increased fuel cost. (5) & (6) Budget Supplement - $2,021 & $2, Ms. Alsop advised that grants have been received from DCJS for the purchase of police equipment. Per memo from Finance Office, Tina Ammons, as a result of recent meetings with the Sheriffs Department, it has been discovered that they had several outstanding grants through the Department of Criminal Justice Services. The two grants were never budgeted for and no funds were drawn down on them. At this point funding has been received in the amount of $2, and anticipates being able to submit for and receive the remaining funds soon. Both grants are for the purchase of law enforcement equipment. Mrs. Ammons is recommending that the funds be used to offset budgeted purchases that have been made throughout the year and then transfer the budgeted funds to line items that are in jeopardy, specifically recommending appropriation of these grants funds to the equipment line item and the transfer of budgeted funds to the personnel line item: Overtime-Safe & Sober Grant. Due to a lack of understanding of the requirements of the County s budget and appropriation process, the Sheriffs Department underfunded this line item for FY2012. Mr. Simpkins questioned #5 and #6. Sheriff Charboneau commented that he jumped the gun on this and was caught by Ms. Ammons. DJCS has been contacted and everything is ok now. After discussion, a motion was made by Mr. Simpkins and seconded by Mr. Milby to approve the above listed budget transfers/amendments as presented. AYES: S.C. ALSOP, J. M. MILBY, JR., J. L. SIMPKINS, D. H. MORRIS, R. F. BAILEY, JR. 2

3 ************** ECONOMIC DEVELOPMENT BUDGET SUPPLEMENT - $195, Chairman Alsop advised that the $195, will provide initial funding to the EDA/IDA to begin the Fulcrum and the Farmer s Market Projects. A motion was made by Mr. Milby and seconded by Mr. Bailey to approve the budget supplement in the amount of $195, AYES: S. C. ALSOP, J. M. MILBY, JR. J. L. SIMPKINS, D. H. MORRIS, R. F. BAILEY, JR. ************* VICTIM WITNESS SERVICES BUDGET SUPPLEMENT - $ The Board was advised that King William County is requesting an increase in the FY2013 budget request for the Victim Witness budget beginning July 1, 2012 and ending June 30, Their original request did not include the 5% increase in salary adjustment to accommodate Senate Bill 497 requiring political subdivision employees to begin contributing 5 percent member contributions. As a result of this, there is a slight increase in support for each locality of $ over the original request. A motion was made by Mr. Milby and Seconded by Mr. Simpkins to approve the budget supplement in the amount of $ AYES: S. C. ALSOP, J. M. MILBY, JR., J. L. SIMPKINS, D. H. MORRIS, R. F. BAILEY, JR. ************ GENERAL DISTRICT COURT BUDGET TRANSFER $3, The Board was advised that Joyce Mitchell, General District Court Clerk, is requesting that $3, be transferred from the Contingency Fund to General District Court. The court system has steadily seen an increase in the number of persons who qualify for Court Appointed Attorney over the last several years. This amount is an estimate based on trends during the current fiscal year. 3

4 A motion was made by Mr. Milby and seconded by Mr. Simpkins to approve the budget transfer of $3, AYES: S. C. ALSOP, J. M. MILBY, JR., J. L. SIMPKINS, D. H. MORRIS, R. F. BAILEY, JR., APPROVAL AND SIGNING OF JUNE 2012 WARRANTS AND APPROPRIATIONS A motion was made by Mr. Simpkins and seconded by Mr. Bailey to approve the June 2012 warrants and appropriations, as subject to audit. AYES: S. C. ALSOP, J. M. MILBY, JR., J. L. SIMPKINS, D. H. MORRIS, R. F. BAILEY, JR. 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 that they are from and limiting their comments to three (3) minutes. After hearing no comments, the public comment period was closed. DEPARTMENT HEADS AND SCHOOL SUPERINTENDENTS REPORTS Chairman Alsop asked that each one come forward to the podium so that their comments can be recorded. Treasurer Irene Longest was present advising that her monthly report was included in their Board packets. Ms. Longest also advised: That on June 13, the County is scheduled to receive $1,090, from Republic Services Mr. Milby expressed that he thought that Fire Departments and Rescue Squads were to be equal amounts and thought that they were going to be half and half. County Administrator Thomas Swartzwelder commented that it was discussed and if the Board wanted to do that, we can make the adjustment. Ms. Longest expressed that $50,000 was removed out of Rescue Squads amount on January 10 th. It was the consensus of the Board to adjust to make half and half. 4

5 Treasurer Irene Longest asked that the County Administrator forward an to her of this decision. Commissioner of the Revenue Helen Longest had the following comments: Advised that her office has completed the elderly and disabled real estate tax credit. This year it is $25,808.00, which is about $ less than last year. Their office is in the process of making personal property assessments, thanking all taxpayers that have filed their forms with her office and asking that those that have not submitted their forms to please do so. They have completed the new construction assessments which will affect the 2012 tax year. Notices will probably go out next week. Advised that a few months ago, she brought before the Board information from NADA for pricing vehicles. Mrs. Longest further advised that DMV provided this service to them for many years at no cost, and a couple of years ago, they started charging $ a year. NADA will provide the same service for $ DMV charges for everything whether they price it or not, where NADA only charges for what they price. Ms. Alsop expressed that at the VACO Regional meeting, someone brought up about tax relief for veterans and whether we did it or not. Mrs. Longest advised that they did have some that applied. Commonwealth s Attorney Charles Adkins had the following comments: Advised that term day will be tomorrow, with 85 indictments, where normally they have 7 or 8. A jury trial is scheduled on the 13 th, with numerous dates throughout the month to include helping out in King William. Thanked the Treasurers Office for scanning in jury instructions rather than having to fax which saved some time. Sheriff Charboneau had the following comments: Complimented Charles Adkins as he works well with his department, he has been extremely busy. Began Click it, Ticket it though traffic details last week up and down the county, with several arrests involving drugs, DUI s. Served 244 papers last month Made 11 criminal arrests last month Thanked Caroline County for the use of their narcotics dog. Clerk of the Circuit Court Debbie Longest had the following comments: 5

6 Advised that they will have a jury trial on the 13 th, and this will be the 1 st time that they will be asking jurors for photo ID s. If they do not bring an ID, they will have to fill out a form. Superintendent of Schools Charles Clare provided the following comments: Shared that Graduation Commencement exercises will be held on Friday evening June 15 th for high school. Each member should have received invitations in the mail. If anyone is planning to attend, there will be reserved seating and parking. SOL testing has been completed for all 3 schools. All were on line except the reading level. Preliminary scores are suggesting that the 2 elementary schools are performing at a higher level. At the high school it is ball park figures at about the same. Advised of the new math scores testing strategies Advised that as the School Year closes they have 5 employees who have resigned (2 Retirees and 3 resignations) where they had 14 last year. In addition they have reduced their staff by 1 ½ full time positions and 4 part-time positions. Advised that on May 3 rd the School Board amended the Schools Budget and provided the copies to the Board reflecting figures by category. They will be making some line item adjustment that they will be making as they get into the hiring process. Advised that the School Board on May 16 th passed a Resolution recognizing the Board of Supervisors for their support and increased funding to the Schools, presenting a plaque to the Board. Chairman Alsop asked that Mr. Clare express to the School Board the Board of Supervisors appreciation for the Resolution of Appreciation and their willingness in working with the Board of Supervisors. Social Services Director Betty Dougherty had the following comments: Attended the Comprehensive Services Act meeting in Roanoke and one of the sessions that she attended was on CSA audits and King and Queen County is scheduled for They stated that if there is a red flag they put those localities in 2012 and Advised that their agency will have a Four E foster care audit, and once complete will share with the Board. Chairman Alsop expressed her appreciation for what she does, that she keeps us running and running correctly. PUBLIC HEARING AN ORDINANCE TO AMEND AND RE-ENACT A PREVIOUSLY ADOPTED ORDINANCE ESTABLISHING AN ANNUAL SALARY OF $4,000 FOR EACH MEMBER OF THE KING AND QUEEN COUNTY BOARD OF SUPERVISORS FOR THE FISCAL YEAR (NO INCREASE) 6

7 Chairman Alsop opened the public hearing and verified that publication was made in the Rappahannock Times and Tidewater Review in their weekly issues on May 23 rd and 30 th and in the May 30 th issue of the Country Courier. The only change reflected in the ordinance is the change in the Fiscal Year date. It is also noted, that there is no increase in Salary. After hearing no comments, the public hearing was closed. A motion was made by Mr. Bailey and seconded by Mr. Milby to approve the following Ordinance establishing a salary of $4,000 for each member of the Board for FY AN ORDINANCE TO AMEND AND RE-ENACT A PREVIOUSLY ADOPTED ORDINANCE ESTABLISHING AN ANNUAL SALARY OF $4, FOR EACH MEMBER OF THE KING AND QUEEN COUNTY BOARD OF SUPERVISORS FOR THE FISCAL YEAR BE IT RE-ORDAINED AND RE-ENACTED by the Board of Supervisors of King and Queen County, Virginia, as follows: ARTICLE I In accordance with of the Code of Virginia, that for the fiscal year , each member of the Board of Supervisors of King and Queen County shall be paid an annual salary of $4, as compensation for serving as a member of the Board. A proportionate amount of the salary shall be paid monthly. Any ordinances establishing such salaries for prior years are hereby repealed. ARTILE II This ordinance shall take effect on July 1, AYES: S. C. ALSOP, J. M. MILBY, JR., J. L. SIMPKINS, D. H.MORRIS, R. F. BAILEY, JR. 7

8 VPPSA PRESENTATION OF PLAN OF OPERATION AND REQUEST FOR 1 YEAR EXTENSION ON RECYCLING AGREEMENT STEVE GEISSLER, EXECUTIVE DIRECTOR Executive Director Steve Geissler with VPPSA was present providing an over-view of VPPSA services. Mr. Geissler advised that they have been providing services since 1991 to the County. On June 11, 2007, VPPSA and the County entered into a Service Agreement for drop off recycling and expires June 30, The agreement has provisions for one five-year renewal or five one-year renewals. The VPPSA Board of Directors approved an extension of one year and is proposing an extension of one year to the Service Agreement for Drop-Off Recycling. Under the agreement VPPSA provides two 25 cubic-yard roll off containers at each location with one receiving commingled containers and one for mixed paper. Under the Agreement the County pays a monthly rental fee for each container and a fixed fee for every collection. For FY13, the monthly rental fee will be $62.00 per container and the collection fee will be $ The County agrees to pay the fee, if any, for delivery of materials and the County receives all of the revenue paid for the recyclable materials. For FY 13, $20.00 per ton will be received for commingled containers through the agreement that has been approved with County Waste. Payment for mixed paper will be determined monthly with bids received from up to five vendors. For May 2012, $87.50 per ton is being paid for mixed paper. Mr. Geissler asked for the Boards consideration in approving an extension of one year.\ After discussion, a motion was made by Mr. Milby and seconded by Mr. Simpkins to approve the request for a 1 year extension. AYES: S. C. ALSOP, J. M. MILBY, JR. J. L. SIMPKINS, D. H. MORRIS, R. F. BAILEY, JR. Mr. Geissler further provided information relating to their Plan of Operation advising that they provide solid waste management services to all of the 5 counties on the Middle Peninsula. In the fall of 2000 they entered into an agreement to operate the 4 convenience centers. The agreements for VPPSA s operation of the transfer stations and convenience centers in the Counties of Essex, King and Queen, King William, Mathews and Middlesex expire on June 30, 2013 and they propose to continue the operation of the system, believing that this regional project has been beneficial to King and Queen and the other members. Mr. Geissler further emphasized the control that counties have over their operation. In addition to the operation of the convenience centers, they have provided containers to community cleanup projects, referencing the Snow Hill project. Despite increases in maintenance, insurances, etc., they have been able to maintain their fees. 8

9 Mr. Geissler further advised that they plan to enter into 5 separate identical agreements. In 1993 the agreements were for 20 years and they expect to do a 10 year agreement with a 10 year renewal. Per the Virginia Code, in order for them to enter into an agreement the VPPSA Board and each of the counties need to hold a public hearing, after which certain findings need to be made. They will work with Mr. Swartzwelder that all counties have the same resolution and publication scheduled. The VPPSA Board has already issued the notice of public hearing and on or about July 2 nd the draft agreement will be sent to the localities. At the August 3 rd meeting of the VPPSA Board a public hearing will be held and then they will ask that the Board of Supervisors hold a public hearing at the September 10 th meeting of the Board of Supervisors. Mr. Geissler advised that they would work with Mr. Swartzwelder in getting information and notice of public hearing to hold a hearing in September. KING AND QUEEN COUNTY RURAL RUSTIC ROAD RESOLUTION CHERRY ROW LANE Sean Trapani, Resident Administrator for VDOT, was present advising that the proposed resolution in the Board s packet is basically designating Rt. 601, from Rt. 605, to 1.29 mile north of end state maintenance (Cherry Row Lane) as a rural rustic road. Funding becomes available July 1. A motion was made by Mr. Milby and seconded by Mr. Bailey to approve the following Resolution designating Cherry Row Lane as a rural rustic road. RESOLUTION WHEREAS, Section of the Code of Virginia, permits the improvement and hard surfacing of certain unpaved roads deemed to qualify for designation as a Rural Rustic Road; and WHEREAS, any such road must be located in a low-density development area and have no more than 1500 vpd; and WHEREAS, the Board of Supervisors of King and Queen County, Virginia ( Board ) requests that Cherry Row Lane, Route 601, From: RTE 605 to: 1.29 Mile North of End State Maintenance be designated a Rural Rustic Road; and WHEREAS, the Board is unaware of pending development that will significantly affect the existing traffic on this road; and WHEREAS, this road is in the Board s six-year plan for improvements to the secondary system of state highways; and 9

10 WHEREAS, the general public and particularly those citizens who own land abutting this road have been made aware that this road may be paved with minimal improvements as is consistent with the development of a rural rustic road project; and WHEREAS, the Board believes that this road should be so designated due to its qualifying characteristics; NOW, THEREFORE, BE IT RESOLVED, the Board hereby designates this road a Rural Rustic Road, and requests that the Residency Administrator for the Virginia Department of Transportation concur in this designation. BE IT FURTHER RESOLVED, the Board requests that this road be hard surfaced and, to the fullest extent prudent, be improved within the existing right of way and ditch-lines to preserve as much as possible the adjacent trees, vegetation, side slopes, and rural rustic character along the road in their current state. BE IT FURTHER RESOLVED, that a certified copy of this resolution be forwarded to the Residency Administrator for the Virginia Department of Transportation. AYES: S. C. ALSOP, J. M. MILBY, JR., J. L. SIMPKINS, D. H. MORRIS, R. F. BAILEY, JR. VDOT UPDATE SEAN TRAPANI Mr. Trapani provided a report on the following: Advised that Rt. 634 was the next project to be paved in the area of Minter Lane. That there will be a citizen information meeting on July 24 th in Walkerton relating to a drainage type project. Advised that primary mowing is complete and hopes that secondary mowing can be accomplished soon. Guard Rail replacement has begun on Rt. 33 and paving will soon be done on Rt. 33. Reported that Ms. Alsop had asked for a study to be done on Rt. 721 and 625, and that improvements have been made and would be moving forward on the study. Mr. Bailey questioned mowing easements on Taylorsville Road and how far the state was supposed to go. Mr. Trapani advised that it depends on where you are as to what the easement is and that he knew that some sections have not been completed. Mr. Simpkins questioned who was doing the mowing on Rt. 619, as it has been mowed and a lot of trash has been thrown out into the road and he was concerned of a tire being punched. Mr. Trapani advised that the state did the mowing in that area. Mr. Trapani advised that he would pass this on to Mr. Hudgins. 10

11 2013 REAL ESTATE REVENUE HELEN LONGEST, COMMISSIONER OF THE REVENUE Commissioner of the Revenue Helen Longest was present and advised the Board that her Deputy Susan Balderson would be providing the information. Ms. Balderson advised that recently they discovered that their reassessment book did not print properly. The figures were based on last year s assessment figures. The Book has been reprinted and they found that figures that the Budget was based on were not correct, and that it should have reflected $276, more in taxes. Mr. Simpkins commented that in reality, the Board thought that we were short $25,000 when we actually had $276, more. Mrs. Morris questioned how this error was found. Ms. Balderson advised that their real estate transfers go back to the land book and they noticed at that time that the figures were identical and they should not have been. Mrs. Morris further expressed that if they had been spot checked they would have found the error. Ms. Balderson further commented that that was correct, that they based it on totals. Ms. Simpkins expressed that the figures were loaded correctly by Mr. Pearson but the report just was not pulled correctly by the Commissioners Office. Ms. Alsop expressed concern that when the book was printed why Mr. Pearson didn t check it. Mr. Swartzwelder commented that per contract with Mr. Pearson, the county is responsible for printing the land book and Mr. Pearson executes it. Mr. Simpkins questioned loading of information and executing of the book. It was loaded correctly and questioned what the land book was. To him rather than the Board raising the taxes by 4 cents to cover the budget, the $276,000 that was found actually reflects an 8 cent increase in taxes and is a heck of a burden on the taxpayers. We were concerned about 4 cents and that burden. The real question is whether we are going to let this tax increase stand or not. Mr. Swartzwelder commented that it is a loaded version that is put into the Bright System during the reassessment. Ms. Alsop further expressed concern that the County raised taxes when $276,000 was sitting there. Mrs. Morris questioned how long the error has been known about. Ms. Balderson commented three weeks. Mrs. Morris further express that we are all human and make mistakes, but this is a pretty big mistake, expressing that with the budget session that they just went through in trying to figure out how the Board was going to cover the expenses., if some spot checking on their work had been done it may have saved the Board from going through all this. The Board may have had to raise taxes, but they may not have done that amount. It is not fair to the citizens. 11

12 Mr. Milby questioned Mrs. Longest as to what has been done to make sure that this does not happen again. Mrs. Longest responded that she thought that they trusted Bright too much. Ms. Balderson further commented that this was the second time that she has printed the book. The reason why it was not correct was because one letter was off and that she had the dialogue of the response with Bright on how to run the report. Ms. Balderson further advised that she does the Commissioners land book out of the Commissioners module, and this was the first time she had set one up and had not had a lot of training. Mrs. Morris commented that we need to be very careful in where we lay blame. That Bright is our accounting system. If we have made a mistake, then we have. Mrs. Balderson does not know if she, Bright or reassessment did it. Mr. Simpkins expressed that he appreciates her finding it and coming forward with it. REQUEST FOR APPROVAL OF DEBT SERVICE PAYMENT OUTSIDE OF THE REGULAR WARRANT CYCLE. Chairman Alsop advised that the debt service payment is due by July 15 th and the regular meeting will not be held until July 9 th. A request is being made to approve the payment outside of the regular warrant cycle in order for the payment to be received on time. The payment amount is $214, A motion was made by Mr. Milby and seconded by Mr. Bailey to approve the debt service payment outside of the regular warrant cycle. AYES: S. C. ALSOP, J. M. MILBY, JR., J. L. SIMPKINS, D. H.MORRIS, R. F. BAILEY, JR. APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS Planning Commission Newtown District (Tabled) to replace Ms. Thompson s unexpired term (1/12/15). Social Services Board Member Newtown District It is noted that correspondence was received from Betty Dougherty, Social Services Director advising that the 1 st term of Belinda Baylor will expire at the end of June. Ms. Baylor does not wish to serve due to her increased workload at her work. A motion was made by Ms. Alsop and seconded Mr. Milby to appoint Ms. Celestine Gaines, 992 Eastern View Road, St. Stephens Church, Virginia to a four year term. AYES: S. C. ALSOP, J. M. MILBY, JR., J. L. SIMPKINS, D. H. MORRIS, R. F. BAILEY, JR. 12

13 ADOPTION OF VRS RESOLUTIONS (1) ELECTION OF EMPLOYER RETIREMENT CONTRIBUTION RATE FOR (2) ELECTION OF THE MEMBER CONTRIBUTION REQUIRED TO PAY BEGINNING JULY 1, Chairman Alsop advised that the certified rate received from VRS is 11.86% and the optional rate is 8.90%. The County was advised by VRS that the alternate rate is being offered for the benefit of localities that were hit hard due to the 5% salary increases that is mandatory and by giving an alternate rate would give them some relief at this time, however, if the county chooses to do the alternate rate, it will reduce the contributions to the employer account and the investment earnings they would have generated. This will mean there will be fewer assets available for benefits. It will result in a lower funded ration when the next Actuarial Valuation is performed and, thus, a higher calculated contribution rate at that time and it will require that we include the Net Pension Obligation under GASB standards in the notes to our financial statements. Ms. Alsop commented that she has spoken with several localities and they are going to go with what has been certified by VRS. Mr. Milby expressed concern that the information received from VRS representatives is different from what they were advised at the last meeting, and questioned if the information is reliable. County Administrator Thomas Swartzwelder commented that he had heard before that localities assets were segregated and does not dispute what they are telling us. The question is how does it work when they pull them for investment purposes. Mr. Simpkins commented that from what he has read, it is a pay me now, or pay me later deal. Mr. Swartzwelder advised that this is the way that VRS has presented it to us. The difficult thing is Mr. Milby s question as to what is the value of King and Queen s portion of the plan and that it is sufficiently funded. After further discussion a motion was made by Ms. Alsop and seconded by Mr. Simpkins to move forward with the VRS certified Rate of 11.86% approving the following resolution: Employer Contribution Rates for Counties, Cities, Towns, School Divisions and Other Political Subdivisions (In accordance with the 2012 Appropriation Act Item 468(H)) Resolution 13

14 BE IT RESOLVED, that the King and Queen County does hereby acknowledge that its contribution rates effective July 1, 2012 shall be based on the higher of a) the contribution rate in effect for FY 2012, or b) seventy percent of the results of the June 30, 2011 actuarial valuation of assets and liabilities as approved by the Virginia Retirement System Board of Trustees for the biennium (the Alternate Rate ) provided that, at its option, the contribution rate may be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code (I) resulting from the June 30, 2011 actuarial value of assets and liabilities (the Certified Rate ); and BE IT ALSO RESOLVED that the King and Queen County does hereby certify to the Virginia Retirement System Board of Trustees that it elects to pay the following contribution rate effective July 1, 2012: (Check only one box) X The Certified Rate of 11.86% The Alternate Rate of 8.90%; and BE IT ALSO RESOLVED, that the King and Queen County does hereby certify to the Virginia Retirement System Board of Trustees that it has reviewed and understands the information provided by the Virginia Retirement System outlining the potential future fiscal implications of any election made under the provisions of this resolution; and NOW, THEREFORE, the officers of King and Queen County are hereby authorized and directed in the name of the King and Queen County to carry out the provisions of this resolution, and said officers of the King and Queen County are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by King and Queen County for this purpose. AYES: S. C. ALSOP, J. L. SIMPKINS, D. H. MORRIS, R. F. BAILEY, JR. NAYS: J. M. MILBY, JR. Mr. Milby expressed that he voted no, due to having no confidence in the State Government. ************* A motion was made by Mr. Bailey and seconded by Mrs. Morris to adopt the following resolution implementing the entire 5% member contribution. Member Contributions by Salary Reduction for Counties, Cities, Towns, and Other Political Subdivisions (In accordance with Chapter 822 of the 2012 Acts of Assembly (SB497)) 14

15 Resolution WHEREAS, the King and Queen County employees who are Virginia Retirement System members who commence or recommence employment on or after July 1, 2012 ( FY2013 Employees for purposes of this resolution), shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code 414(h) on a pre-tax basis upon commencing or recommencing employment; and WHEREAS, the King and Queen County employees who are Virginia Retirement System members and in service on June 30, 2012, shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code 414(h) on a pre-tax basis no later than July 1, 2016; and WHEREAS, such employees in service on June 30, 2012, shall contribute a minimum of an additional one percent of their creditable compensation beginning on each July 1 of 2012, 2013, 2014, 2015, and 2016, or until the employees contributions equal five percent of creditable compensation; and WHEREAS, the King and Queen County may elect to require such employees in service on June 30, 2012, to contribute more than an additional one percent each year, in whole percentages, until the employees contributions equal five percent of creditable compensation; and WHEREAS, the second enactment clause of Chapter 822 of the 2012 Acts of Assembly (SB497) requires an increase in total creditable compensation, effective July 1, 2012, to each such employee in service on June 30, 2012, to offset the cost of the member contributions, such increase in total creditable compensation to be equal to the difference between five percent of the employee's total creditable compensation and the percentage of the member contribution paid by such employee on January 1, BE IT THEREFORE RESOLVED, that the King and Queen County does hereby certify to the Virginia Retirement System Board of Trustees that it shall effect the implementation of the member contribution requirements of Chapter 822 of the 2012 Acts of Assembly (SB497) according to the following schedule for the fiscal year beginning July 1, 2012 (i.e., FY2013): Type of Employee Employer Paid Member Contribution Employee Paid Member Contribution Plan 1 % 5 % Plan 2 % 5 % FY2013 Employees 0% 5% (Note: Each row must add up to 5 percent.); and BE IT FURTHER RESOLVED, that such contributions, although designated as member contributions, are to be made by the King and Queen County in lieu of member contributions; and BE IT FURTHER RESOLVED, that pick up member contributions shall be paid from the same source of funds as used in paying the wages to affected employees; and BE IT FURTHER RESOLVED, that member contributions made by the King and Queen County under the pick up arrangement shall be treated for all purposes other than income taxation, 15

16 including but not limited to VRS benefits, in the same manner and to the same extent as member contributions made prior to the pick up arrangement; and BE IT FURTHER RESOLVED, that nothing herein shall be construed so as to permit or extend an option to VRS members to receive the pick up contributions made by the King and Queen County directly instead of having them paid to VRS; and BE IT FURTHER RESOLVED, that notwithstanding any contractual or other provisions, the wages of each member of VRS who is an employee of the King and Queen County shall be reduced by the amount of member contributions picked up by the King and Queen County on behalf of such employee pursuant to the foregoing resolutions. NOW, THEREFORE, the officers of King and Queen County are hereby authorized and directed in the name of the King and Queen County to carry out the provisions of this resolution, and said officers of the King and Queen County are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by the King and Queen County for this purpose. AYES: S. C. ALSOP, J. M. MILBY, JR., J. L. SIMPKINS, D. H.MORRIS, R. F. BAILEY, JR. COUNTY ADMINISTRATORS COMMENTS County Administrator Thomas Swartzwelder provided the following comments: Provided information relating to funding the project with EDA and that the amount exceeds 1% of the budget which will require a public hearing. Mr. Swartzwelder asked that the Board direct him to hold a public hearing transferring the funds to the IDA. REQUEST FOR PUBLIC HEARING TRANSFER OF FUNDS TO IDA A motion was made by Mrs. Morris and seconded by Mr. Bailey to hold a public hearing on the requested transfer of funds to the IDA as required by law. AYES: S. C. ALSOP, J. M. MILBY, JR., D. H. MORRIS, J. L. SIMPKINS, R. F. BAILEY, JR. County Administrator comments continued: Provided an up-date that 5 bids were received for the T-21 grant and that they would be sending to VHB for evaluation and then to VDOT. Advised that the Circuit Court project in removal of mold and asbestos should begin soon and should be fully functional by the end of July. Advised that the Septic System at the Health Department has been completed 16

17 Advised that the Board of Equalization has finished their hearing schedule. Gave credit to Tina Ammons and the Sheriff for the hard work that has been done the past couple of months in resolving the expenditure issues. BOARD OF SUPERVISORS COMMENTS Mrs. Morris had the following comments: Thanked everyone that attended the meeting for coming. Expressed her thanks for the Resolution of Appreciation from the School Board Questioned where the County stood on Broadband (County Administrator Tom Swartzwelder advised that he has received final numbers of where the county stands and was thinking days (around September) should start to install) Mr. Bailey had the following comments: Thanked everyone for coming out to the meeting Thanked everyone for the good job that they do Expressed his appreciation for the Resolutions passed by the School Board recognizing the Board of Supervisors and that he hopes that the Board can continue to work together with the Schools. Mr. Simpkins had the following comments: Thanked everyone for coming out. Thanked all of the departments who met the challenge of coming under their budgets, doing more with less. Wished everyone a Happy Fathers Day Commented that the Board has found out that there was more revenue than they thought, and that he was in favor of addressing the issue, as the Board was taking funds out savings to meet our budget. Mr. Milby had the following comments: Thanked everyone for coming and to have a safe trip home Expressed thanks to the School Board for the Resolution of appreciation Expressed that he was disappointed that someone from Bright Associates was not here in relation to the error in reporting through the Commissioners Office. Wished everyone a Happy Fathers Day Ms. Alsop had the following comments: Advised that the VACo Region 2 meeting was hosted in the County at the old Marriott School Building which included localities from the Middle Peninsula and Northern Neck. 17

18 Ms. Alsop further commented that it was a good meeting where problems were laid out before VACo that the region has. Thanked the Schools for the resolution and that she was looking forward to working closer with them. Advised that she is always hearing good things about our Social Services Director and the programs that are offered. Thanked everyone for coming and a Happy Fathers Day CLOSED SESSION PURSUANT TO SECTION (A) 1 AND (A) 6 OF THE CODE OF VIRGINIA TO DISCUSS PERSONNEL AND BROADBAND RADIO NEGOTIATIONS IN THE COUNTY A motion was made by Mr. Milby and seconded by Mr. Simpkins to enter into closed session pursuant to Section (A) 1 for the purpose of discussing Personnel and (6) of the Code of Virginia for the purpose of discussing investment of public funds where competition or bargaining is involved, where, if made public initially, the financial interest of the county would be adversely affected. AYES: S. C. ALSOP, J. M. MILBY, JR., J. L. SIMPKINS, D. H. MORRIS, R. F. BAILEY, JR. A motion was made by Mr. Milby and seconded by Mr. Simpkins 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: S. C. ALSOP, J. M. MILBY, JR., J. L. SIMPKINS, D. H. MORRIS, R. F. BAILEY, JR. IT IS ORDERED THAT THE BOARD BE ADJOURNED: A motion was made by Mr. Milby and seconded by Mrs. Morris to adjourn the meeting. AYES: S. C. ALSOP, J. M. MILBY, JR., J. L. SIMPKINS, D. H.MORRIS, R. F. BAILEY, JR. Sherrin C. Alsop, Chairman K. Diane Gaber, Deputy Clerk 18

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