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Thursday, February 22, 2018

2018-02-20 - Board of Supervisors Meeting Notes

Struggling with the same technical issues that plagued the latter half of the Service Authority meeting, the Board of Supervisors got off to a bit of a rocky start. Things were further complicated by the absence of Dahlgren Supervisor John Jenkins who was stuck in traffic due to a work emergency. The County Attorney, Eric Gregory, clarified and reminded the Board members and audience that Jenkins was allowed to participate because of a Board policy adopted in 2016 that allowed for this under certain conditions. Gregory said Jenkins would have to notify the Chairman in advance of the phone usage, the Board would have to approve his participation, he would have to identify himself on the phone, and he would need to be audible to those attending the meeting. Gregory said Jenkins had notified Richard Granger, Chairman, of his need to use the phone to attend. Jenkins then identified himself on the phone and the other four members of the Board approved his participation via phone.

With that, the meeting began with a public comment from Jim Lynch. Mr. Lynch wanted to let the Board know that during the presentation from Maryland Transportation Authority (MDTA) and Virginia Department of Transportation (VDOT) at a previous meeting about the new Nice Bridge, the decibel portion of the presentation may not have been clearly presented. He said that while the difference in sound that a noise wall allows may sound like a small amount when noted as only 10 decibels (dB). However, the decibel measurement scale is logarithmic in nature. In other words, the numerical difference between 70 dB and 80 dB is only 10 dB but 80 dB is twice as loud as 70 dB. Lynch also said he asked for a copy of the analysis via the Freedom of Information Act (FOIA), but has yet to hear back from MDTA if he's allowed to see it. He also wanted to note that the bike and pedestrian communities on both sides of the river support a separated bike path due to safety concerns.

The Board then began giving their reports. Jenkins said via the phone that he would wait to give his at the next meeting when it would be easier to hear him and he could read from his list safely.

Jeff Bueche attended the Chamber of Commerce meeting at King George High School on February 12th and was highly impressed with both the educators and the students. He said his favorite line from the night came from SkillsUSA: "jobs ready day one." He also attended the Social Services and the budget work session on the 15th.

Ruby Brabo's report began with her attending a Rural Action Caucus dinner on February 7th. She said she also met with Delegate Ransone and Senator Stuart about the potential meals tax increase and was joined by Eric Gregory, County Attorney, and Dr. Neiman Young, County Administrator. She said they asked for the increase because it would benefit the County and the Service Authority. Brabo said she also participated in several conference calls, attended the budget work session, and she reminded everyone that the Leedstown Resolutions would be celebrated this Saturday at Ingleside Winery. Again the static and feedback from the microphones and speakers made it difficult to understand but it also sounded like Brabo met with a Supervisor from Charles County, Maryland and was told they have the authority to keep the current Nice Bridge intact. She was then asked if King George would be interested in keeping the bridge there for bike and pedestrian use and she responded yes.

Cathy Binder's report began with the same Chamber of Commerce meeting as Bueche. She said she too was impressed by the students and teachers and said CTE (career and technical education) was important. Binder also attended the budget work session on the 13th. She then tried to appoint two citizens to positions that were open on a committee or board, but there was some confusion as to if the positions were appointed by the Board of Supervisors or if they were appointed by the court system based on a recommendation from the Board. It was agreed that the County Attorney would research the issue and verify the process for the next meeting. Binder did nominate Roger Knicely to the Parks and Recreation Advisory Committee. The rest of the Board approved of the appointment. Binder then nominated James T. Johnson to the Wetlands Board and the Board approved. Binder concluded by reading a Resolution to recognize February as African American Heritage Month and it was approved by the Board.

Richard Granger began his report by thanking Jim Lynch for his comments. Granger attended a meeting regarding broadband internet in the region, the budget work session, and the recent COMREL meeting. He nominated Chris Parker to the Planning Commission and the Board approved. He said he had similar appointments that needed to be tabled like Binder until the next meeting. He did ask those in his district that might be interested in serving on the Social Services Board to contact him.

The Consent Agenda was approved without comment and the County Attorney had no report.

The Public Hearing on the old Passapatanzy Voting Office on Fletcher's Chapel Road then began. Dr. Young gave the basic details on the building and property noting that it was no longer used by the County and that no staff voiced any reason to use it. He did say that the County Attorney found a restriction regarding the deed that may impact its use and asked the Board to table the vote until the research could be completed.

Carl Springer, an adjoining property owner, then spoke. He was the one asking to purchase the property and commented that there were trees on the property line that pose a potential hazard to nearby homes and buildings. He also said the property is home to old tires, abandoned cars, and trash. Springer also noted that the building was left unlocked and was in serious disrepair. He asked the County to allow him to buy it or to allow another adjoining property owner to buy it.

Brabo thanked him for making the offer to buy it but wanted to table the vote until the next meeting.

David Howard from Waste Management gave an update on questions from the previous meeting. He said the vertical expansion would give the landfill another 17 years of life making for a maximum of 31 years before it reaches its structural limit. He said the only potential for future expansion would be horizontally with a purchase of adjoining land. He said there was a potential for doing that with another 50 to 60 acres that could be purchased in the future. Howard said they are always looking for ways to make the landfill last longer but the idea for removing compostable materials from the landfill would actually not help. He said those items, the green waste, was beneficial to the breakdown of the material in the landfill and helped things decompose faster. He also mentioned that if composting was done separately, there would be an issue with smell which he felt nobody wanted to deal with. Howard then clarified that the property in question from the last meeting that was suggested as a potential location for a thrift shop was currently rented. He said the renters had put forward the funds to make enough repairs to prevent if from being condemned. He also said Goodwill has containers at the landfill for those gently used items that could be donated instead of thrown away.

Brabo asked about cells being reopened after the landfill settles and Howard said no, cells would not be re-opened. He said that the top would eventually settle over time to a flat surface once the landfill was closed. Brabo then asked about issues getting adequate and acceptable cover for the landfill and Howard admitted that it is still an issue but they have been able to acquire approved coverings. He also said they purchased adjacent property to gain access to extra soil.

Christopher Rock, President of the International Association of Fire Fighters (IAFF) Chapter 4388, then gave his presentation on the local chapter. He gave a brief history of the IAFF and the goals for the local chapter. He said the goals for this year were to work on community outreach, to improve staffing levels, to promote safety in the workplace, and to implement peer fitness training for members.

Brabo thanked him and asked if the local chapter is only comprised of paid personnel. Rock said it was. Brabo then said she took some offense to the point on staffing levels and said that in years past, only two stations were open and manned by four or five people. She said Federal minimums required 11 staff members and that was currently being exceeded with 12. She also said that all three stations were now open and staffed. She said she still feels that the issue with staffing levels may be in how it is being managed.

Jen Surber from Flatiron Development then gave her presentation on Pine Forest Apartments and their request for a Low Income Housing Tax Credit (LIHTC) and to designate the property as a Revitalization Area. The County Attorney and County Administrator then clarified that the County was being asked to make the designation and a tax abatement of no more than $2,000 over three years. Surber said the plan was to refurbish the apartments and potentially make a small addition to the community space. She said the improvements would include everything from a new roof to new paint and from new appliances to new flooring. She said the project would be EarthCraft Platinum certified, which she said was similar to a LEED (Leadership in Energy and Environmental Design) certification. She said the designation was necessary to obtain the credits which were necessary to make the improvements and repairs. She said the repairs would be made to vacant apartments first then residents would be rotated through as possible on a voluntary basis. Surber said no resident would lose their apartment. She said that while they are asking for a tax abatement, they are not asking for funding from the County and they do expect the assessment to go up after repairs are made.

Brabo commented that it was nice to see a property owner take pride in their property. A motion was made and approved to hold a public hearing on the issue.

Next up was Fronce Wardlaw of Project FAITH presenting the Angelwood Marshall Homes Project. She said she was coming before the Board to ask for Community Development Block Grant Funds just as she did in 2016. She said that previously, the Board had given her support and she received a letter of intent for the project but due to timing issues the project never began. She said that since her original attempt, the project has expanded and is now planned to be 35 single family homes with the first phase of construction to include 17 homes. The remainder would be built in the second phase. She said she is asking for roughly $695,000 in grants from various sources and plans to extend public water and sewer to the new homes. She said all of the homes would be on one-third acre lots and have three bedrooms and two bathrooms. Wardlaw said the targeted home price was between $190,000 and $210,000 and has pre-approved 18 households that have qualified household income within the $48,000 to $65,000 range. She said the new homes would be located behind the existing Angelwood development off Route 3 and would be bordered by that development and Colby's Lane. She said that in working with the neighbors on Colby's Lane, the Angelwood Marshall development would install a buffer along the road that would include a wrought iron fence and vegetation. Wardlaw said that in the past, the County has waived permit fees and would like to ask for the same waiver again with this development as it would show a "notable level of County benevolence" which is necessary for the grant. She did say they plan to pay the Service Authority connection and usage fees.

Richard Granger asked when the deadline was for this and Wardlaw replied March 30, 2018. Granger asked how long she knew about the grant and she responded that she had been working with Dr. Young since December 2017. Granger said it felt similar to the timeline from 2016 and that it was a short time frame. Granger was clearly upset that the proposal had come before the Board with such short notice and that there was very little time left to hold a public hearing on the issue and get action from the Board before the deadline. Wardlaw said she didn't wait intentionally and takes full responsibility for any misunderstanding or miscommunication. Granger said it puts stress on staff and while exceptions are tolerated, he doesn't appreciate the last minute stress.

Granger then asked for clarity about Wardlaw's mention of the Dahlgren base and the need for low-cost homes for first-time home buyers. He wanted to know how many military families would qualify for the project and be first-time home-buyers. Wardlaw said that of the 18 families that have already qualified, five are military families and two are disabled veterans. Jeff Bueche then commented he had only heard about this project when he read it in the Agenda and wasn't sure he was in a place to vote tonight because he has yet to look at all of the impacts, including how subsidized housing could skew the local housing market.

Ruby Brabo commented that she wasn't excusing her but that in Wardlaw's defense, the County has never given her staff to get this grant. She said Wardlaw has written the grant, both in 2016 and now, and that the delay in 2016 was largely due to the Board being slow to approve re-zoning. She said to stop the project now would not look good. Brabo also said she sits on the Joint Land Use (JLUS) Committee and that the base in Dahlgren was excited for the project as it would meet a need. Brabo also said that the County has invested a lot of time and staff already to make this happen and it would mean revenue for the Service Authority and that Chris Thomas, the Service Authority General Manager, has "blessed it."

Granger again reiterated his concern over the timeline and that while he doesn't necessarily want to stop the project, he does want to note his concern about the timing and doesn't like waiting to the last minute. Brabo asked if it would be necessary to hire staff to write a grant and Granger said he would certainly look at it in this budget cycle. Brabo again commented that Wardlaw wrote the grant herself and was doing the County a favor by doing so. She said she didn't want to penalize the community. Granger again said it penalizes the staff and he felt the need to do it right.

At this point, Wardlaw commented that there was still ample time to take care of everything and that public hearings can still be advertised. Cathy Binder asked if waiving the permit fees were vital to the project. Wardlaw answered no but that there was a need for the County to promote it's benevolence or approval of the project. She also said Angelwood has not paid them in the past but that waiving the fees was not a requirement.

Dr. Young commented that he was not worried about the staff time involved in writing the application. He did say his concern was that there would be 17 to 35 homes that would need to be reviewed by the Community Development Department and that it currently only has one staff member and some work has to be contracted out. He asked the Board to not waive the fees as they have done in the past. Young also said that he was notified last Wednesday to include this item in the Agenda. He said he had talked to Wardlaw via email several times since December but that he found no correspondence that said he talked to her about any need for public hearings or the short time frame.

Wardlaw again said that she takes responsibility for not highlighting the guidelines that gave this information and assumed the County was aware. She said she can appreciate the reasoning for not waiving the fees but that doing so would make the homes more affordable. She also said there are only four home plans that would need to be approved.

Dr. Young again said he would like the Board to not waive the fees. John Jenkins had arrived in-person prior to this point and began his comment by apologizing for being late. He echoed Young's concerns about waiving the fees. He then said that while affordable housing is a concern in the County and he appreciates everything Wardlaw has done for the community, he had to echo Granger's concerns about the lack of notice and the extra burden on the staff.

Brabo cautioned her peers to recognize the Board's involvement with other agencies and "how it impacts our reputation as a whole" with their perception as a Board.

A motion was made to approve the grant and public hearings with the amendment to not waive the fees. Brabo and Binder voted Aye with Bueche and Granger voting Nay. Jenkins was deep in thought for a good 30 seconds before finally voting Aye. And with that, the motion passed.

The Tourism Advisory Committee then presented their update from the previous meeting regarding the additional funds for the Fall Festival and the Girl Scout project to install an interpretive sign at Lambs Creek Church. Ryan Gandy and Saundra Pearson clarified that the Board of Supervisors had previously approved roughly $11,000 for the Fall Festival and the amount before them was an additional $4,000 to cover additional advertising. They said the Tourism Advisory Committee had approved the application for the additional $4,000 but it was now up to the Board to approve the actual funding.

Lauren Gebstadt, the Girl Scout behind the historical sign at Lambs Creek Church, presented her project to the Board next. She said she has been in the Girl Scouts for about ten years and first heard the suggestion for a sign at the church when she was volunteering at a soup kitchen. She said she loves history and thought this would be a great project. Ms. Gebstadt said she approached two different sign companies and was given two quotes. One was for a wooden sign that was cheaper but would only last ten years while the other was for an aluminum sign that was more expensive but would last 30 years. She said she opted for the more expensive sign because it would last longer and require less maintenance. She said the sign company, Sign Enterprise, donated the material and labor, thus bringing the cost for the project down to the $571.20, which was half of the original amount. It was this $571.20 amount that she was asking the Board to fund.

A motion was made and passed to approve funding for the Girl Scout sign but to deny funding for the Fall Festival. Binder commented that she had to abstain from voting due to her involvement in Fall Festival and cautioned that the Tourism Advisory Committee should not promise funding. Gandy replied that the funds were not promised but he would take the feedback to the Committee and remind them that only the Board has the authority to approve funding. He also said he would remind those applying for funds of this process as well.

The Department of Parks and Recreation presented next with a request for the Board to approve their entering into a contract with Stoker Construction to perform repairs and improvements on the Citizen's Center bathrooms. If approved, construction would begin in mid-March and finish by April. Granger asked if the funds were approved in the 2016/2017 Capital Improvement Plan (CIP) budget and if there was any reason why it was so late in getting to this point. The response was that various delays, including estimates being higher than expected, were the source of the slow down. Granger requested that if any CIP funds, in any department, went unspent in the future, that the Board be notified. It was mentioned that this delay was brought up in previous meetings and Granger promptly apologized for missing it. The contract was approved by the Board.

Next was a discussion about a potential Blighted Building Ordinance. County Attorney, Eric Gregory, said that in various locations in the County have been identified as blighted and the Board has the power to adopt an ordinance to address these properties. Bueche said the County doesn't have staff to enforce the ordinance and that he doesn't want to create a police state but he does want a mechanism in place to allow the County to take action. Gregory said he would be happy to draft an ordinance and would be sure to address any potential property rights or due process issues. Jenkins said the biggest issue was abandoned structures and that currently the County can't do anything about it. He said the language in the Agenda regarding how to address nuisances seemed to be a little loose. Gregory commented that state code does have provisions to allow addressing of certain things by counties but that cities and towns tend to have more power because of different rules. He also said spot blight and public nuisances are handled differently.

Jenkins asked if a property resembled a landfill, could it be considered a threat to health and Gregory responded that it potentially could. Jenkins said he spoke to Chief Moody and that, with his fire marshal, he can deem a home unsafe but there is currently no timeline for enforcement with the home owner. Gregory cautioned that a specific timeline may prove difficult as every case is different and the County wants to be sensitive to the property owner's situation. He referenced an issue in the past with a property in Fairview Beach being long and involved but that it was eventually resolved. Brabo said she was happy to have a Board willing to address the issue of blight. She said an ordinance wouldn't mean a quick fix but it would be just another tool in the toolbox that the County can use. The general consensus from the Board was to have Gregory create a draft ordinance.

Neiman Young, County Administrator, said in his report that the Fire and Rescue Department would be hosting a disaster preparedness training session on April 9, 2018 and asked the Board for their availability to attend. He asked the same question regarding the 98th Civil Affairs Battalion's parachute landing at Fort A. P. Hill on April 13, 2018.

The Board then went into Closed Session with Robin Tenney, Smoot Library Director, and others at 8:49 pm. Tenney and the rest would leave at 9:42 pm while the Board wouldn't return from Closed Session until 10:27 pm. The meeting adjourned at 10:28 pm.

Meeting Attendees:
John Jenkins (Board of Supervisors)
Jeff Bueche (Board of Supervisors)
Richard Granger (Chairman, Board of Supervisors)
Ruby Brabo (Board of Supervisors)
Cathy Binder (Board of Supervisors)
Neiman Young (County Administrator)
Eric Gregory (County Attorney)

Absent:
John Jenkins participated via phone until his arrival in-person at 8:02 pm.


Next Meeting:
The Board of Supervisors will next meet on March 7, 2018 at 6:30 pm at the Revercomb Building.

Previous Meeting:
Read about the previous Board of Supervisors Meeting.

1 comment:

  1. Good summary! Appreciate Project94 doing this for the county. Bravo!

    ReplyDelete