Briefly… for June 12-25, 2014
WM amends change of venue motion
Waste Management of Virginia has expanded its motion for a change of venue in a case involving Charles City to include prejudicial pretrial publicity.
A May 1 amended motion filed in Charles City Circuit Court by McGuire Woods LLP, representatives of Waste Management, claims publicity from various news outlets and print media’s accounts of the situation affect the case.
“The motion to transfer due to local prejudice is a well, recognized ground for change of venue,” said the law firm. “Transfer is proper because Charles City jurors are disqualified.”
Along with the amended motion, McGuire Woods LLC filed approximately 15 documents consisting of the lawsuit from television stations, print media, and online news sources. Among the documents included stories claiming the shortfall of revenue provided by Waste Management were factors for county schools returning money to supervisors.
Last October, Charles City filed a lawsuit against Waste Management after a near $1 million shortfall due to the intake of tonnage by the company. Charles City claims an agreement of 1,900 tons per day between the parties was violated, with Waste Management only supplying 1,300 tons per day.
The tension between the two parties has caused backlash from county citizens and the school system. Residents questioned why supervisors put “their eggs in one basket”, as Waste Management is the largest supplier of revenue to the county’s general fund. School officials said returning funds to the county has affected the education quality.
As for the change of venue, county attorney Randy Boyd responded with a May 15 motion to the court, its second objection for the relocation of the trial.
“While the county objects the motion, we will consent for proceedings to move to New Kent,” responded Boyd.
Waste Management has not yet responded to the proposal as of press time.
Stormwater public hearing moved
A controversial stormwater ordinance in New Kent will head to a public hearing on June 23.
New Kent supervisors accepted a recommendation from staff and county attorney Michele Gowdy to postpone a June 9 hearing to receive more information before finalizing the approval of the ordinance. That meeting will be in conjunction with the county’s planning commission.
The proposed law has plagued supervisors since October. At the October public hearing, citizens raised concerns from the cost of land disturbance to an ‘administrator’ having the power to enter property without the consent of the owner.
At the April 29 work session, supervisors chose to maintain control of managing the stormwater program instead of allowing the Department of Environmental Quality (DEQ) to handle it. That recommendation was sent to the county’s planning commission and returned with a favorable recommendation.
Historic School may become library
After Marengo Management elected to withdraw from the second phase of the Historic School project on April 28, New Kent supervisors shifted gears to abandon the Historic School as a possible third elementary school for the county. At the suggestion of District 4 representative Ron Stiers, members of the library’s executive board toured the building.
Currently, the New Kent branch of Heritage Public Library resides in Chesapeake Circle in Providence Forge with 4,500 of square footage. A potential move will nearly double the amount of space for the library to 8,000 square feet, and would save the county $46,000 a year in money.