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Thursday, May 3, 2018

2018-05-01 - Board of Supervisors Meeting Notes

After another lengthy Closed Session of the Service Authority Board of Directors, the Board of Supervisors began their meeting at 8:38pm. Richard Granger, Chairman, took a quick moment to recognize the former Shiloh Supervisor, Cedell Brooks, who was in the audience. He joked that maybe Mr. Brooks missed coming to the meetings.

Public Comment began with Richard Granger reading a prepared statement submitted by Carol Werle. Mrs. Werle said that the County was $130 million in debt and that two months ago she was "told that debt mitigation was going to occur and I have heard nothing in the papers about that!" She took affront to the bullying and yellow journalism she felt are the new standards for the County. She said Dr. Neiman Young [County Administrator] came to the previous Tourism Advisory Committee meeting to present "a $100k Roob [sic] Goldberg project to fulfill the promise that was made to the Ralph Bunch [sic] Developer." She said the plan was not viable based on her four points. The first was that legal counsel was not shown a copy of the Tourism Advisory Committee Charter when asked. Second, the $100,000 does not cover the cost of building 22 housing units and that the funds should be used to generate tourism, not accommodate a developer. Third, she said Dr. Young told her that the Service Authority would benefit from the project. She said this was untrue as maintenance, lab tests, and billing would cost additional money. Her fourth and last point was that the Tourism Advisory Committee Election "was done with only 4 of its 7 voting members present." She said one was "directly associated with Ralph Bunch [sic]" and that Dr. Young's presentation was not on the Agenda.

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Granger then read the same prepared statement from Howard Yarus that was read at the Service Authority meeting earlier. Mr. Yarus was present in the audience but did not stand to read his statement. Granger read the statement verbatim. Mr. Yarus pointed out in his statement that according to the Service Authority Regulations, the Purpose section defined the obligations of the Service Authority and included a line, as he pointed out in his attachment to the statement, that stated customers should be charged the full cost of providing the service. He closed his statement by again requesting that the Service Authority become "... a department under County Administration."

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John Jenkins began his report by thanking Granger for reading the public comments. On April 19th he met with Ryan Gandy, Director of Economic Development about potential small business incentives. On April 24th he attended the work session regarding small businesses. Jenkins was present for Gandy's presentation on potential small business incentives during the Service Authority meeting and said he supports it. He said if the first two options have legal issues, that's fine but he still wants to do something. Jenkins said he knows Orange County has an incentive program. He said that simply giving money to a business defeats the purpose and that the connection fee is a small part of what we should be doing to support small business. He said it's hard to measure those that don't consider King George because of the connection fees if they never contact the County first. He closed by saying he has two positions open for his district, one for the Planning Commission and one for the Library Board of Trustees. Jenkins said if anyone is interested in serving, to please contact him via private message on Facebook or via email (jenkinsje@co.kinggeorge.state.va.us).

Jeff Bueche said he concurred with what Jenkins said and said that we need to incentivize businesses coming to King George County. He said there are a lot of empty storefronts in the County already and that was something prospective businesses look at in their research. He attended the same work session on April 24th. Bueche said he and Dr. Young met with the Fall Festival Committee on April 26th and were in the early stages of planning a two day barbecue festival the weekend prior to Fall Festival. On April 28th he met with the Fairview Beach Residents Association and had great discussions and heard their concerns. He said the invitation is open for him to visit with any other Home Owner's Association or civic association in the county. He said May 3rd is the National Day of Prayer and that, as Americans, we can all pray for our country.

Ruby Brabo began her report by saying she attended the bomb threat exercise and mock Town Hall on April 18th and thanked those that helped make it a success. She met with Linda Frost and Jim Lynch on April 19th about potential funding for the purchase of the Dahlgren Railroad Heritage Trail [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is the Treasurer of the Friends of DRHT.]. She attended the out-brief of the 98th Civil Affairs Battalion on April 22nd. Brabo said she looks forward to them returning but would love to have them stay for two weeks next time. She met with the Virginia Association of Counties Board of Directors on April 21st. She said the manual for Supervisors was last revised in 2007 and that it is currently being revamped. She said this was a huge undertaking and that many local County Attorneys, including our own Eric Gregory, were helping. She attended the work session on April 24th and the Virginia Department of Transportation Public Hearing on the 25th. She said she met with other interested parties on April 27th in an effort to address the health care needs of the County, specifically regarding the pending closure of Dr. Ayanna McCray's pediatric office and Dr. Rosier Dedwylder's office. She said they developed five "doable and pursuable options" but they aren't sure which option will happen.

Cathy Binder said she also attended the mock Town Hall on the 18th and felt like it taught the soldiers valuable lessons. She also attended the out-brief on the 20th and said that tourism, staff, and citizens will all benefit. Binder attended the work session on the 24th and the Tourism Advisory Committee meeting on the 25th.

Richard Granger said he attended the Town Hall on the 18th and thanked all that came out and participated. He said it was a lot of fun. He also attended the work session on the 24th and was invited by Judy Hart, Commissioner of the Revenue, to attend a meeting of the Northern District Commissioners meeting. He said he was impressed and amazed at Hart's ability to decorate cakes. Regarding the recent confusion over the Library Board of Trustees, he said he would like to nominate Cathy Binder to serve on the Board to fill a vacancy in his district. The nomination was approved. Granger then invited Love Thy Neighbor to step up and be recognized. Gina Panciera Introduced Chris Hoover, President, and his wife Tracy. She said every third Sunday they operate out of the Recreation Department's Citizens Center. She said Tim Smith, Director of Parks and Recreation, has been generous enough to offer the facility for them to prepare their food. Panciera said they noticed that the stove at the Citizens Center wasn't working and they decided to raise funds to purchase a new stove. She said she "didn't want to bring the stove in here" so instead brought the receipt and brochure to present to Smith. Smith thanked them and noted that he has a great relationship with them and appreciates their work.

The Consent Agenda was approved.

The County Attorney, Eric Gregory, had no report.

The Public Hearing for  Case Number 18-01-Z01, regarding the zoning ordinance amendment, was next on the Agenda. Heather Hall, Zoning Administrator, presented the staff recommendation of an updated Article 5, specifically an updated set of notification requirements for developers. Essentially the amendment will require developers to use clearly defined signage that is larger, brighter, and weatherproof. They must also notify adjoining property owners and use the new website. Brabo asked if the developer would have to pay for all the signage and mailings and Hall said the developer would need to send a notice to adjoining property owners however the County would still mail a reminder five days prior. There being no public comment nor further questions from the Board, the amended ordinance was approved.

Dr. Young then began his Ralph Bunche High School Project presentation by stating that eight local communities have or are working through public-private partnerships to fund their community needs. He said this new way of thinking is fitting to a new Board that has a new way of thinking. He said it fits us culturally but meets our needs. Young said some citizens have critiqued it and some citizens don't want to listen to it. He said he even invited one to his office to enjoy lunch he had ordered for them to discuss it. He said the statements that he's catering to developers is simply untrue. "I eat developers for lunch. No developer is going to come to the County and take advantage of our citizens on my watch." Young said he didn't want to find ourselves in another Virginia Broadband situation and that the Ralph Bunche project is a different kind of animal.

Young said the project came to a standstill and that he comes before the Board to have their help in moving the project forward. He said the bottom line was that a new well was needed and that it was too costly for the developer. The developer shared their projected annual profit of $30,000 with him and Young cautioned that the profit was assuming no maintenance issues and all condos were rented. In his presentation he said that the nearby Circle Water System was already at capacity and that a new water line from Route 3 and 301 would cost $1.5 million. His proposal was to instead put in a new well that is public, not just for the future development at Ralph Bunche. He said the Ralph Bunche Alumni Association (RBAA) has voted to commit $10,000 from their Restoration Fund [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is a member of the RBAA.]. He added that the Tourism Advisory Committee has voted to commit $100,000 from their Tourism Fund. This would bring the total cost to the County to $210,000 or less. He added that the Service Authority has committed to take over ownership and management of the new well.

Young said the project would add $31,000 in annual revenue to the County, thus allowing the County to see an even return on the investment in five or six years. In addition to this, the Service Authority would add 20 customers to their base and see increased revenue. Young added that there is also an option to install a well that can be expanded for future demand at a relatively low cost and could potentially be used to expand the capacity of the Circle Water System, thereby allowing future growth.

Young said the issue at hand is not a developer problem, but rather a problem for the Service Authority and the County. He said if there isn't the infrastructure available to service our own Ralph Bunche museum, then attracting future business development will be impacted.

Saundra Pearson, Tourism Advisory Committee Chair, then addressed some of the earlier comments by Carol Werle regarding the Committee's Agenda. She said Dr. Young was listed as making a presentation however he didn't have the slides that were shown tonight. She said there was an excellent exchange of dialogue during their meeting and that only one person objected. She said she sees this as a legacy for education as well as tourism and felt that many of the funds expended on this will be replenished by future grants.

Claudette Jordan, Ralph Bunche Alumni Association (RBAA) President, then asked for all the RBAA members in the audience to stand. She shared that she and her sister were graduates along with many of those standing. She said it's not just a soccer field or a museum and asked "let's get this done." Jordan said we're all invested in this project and the RBAA, though not wealthy, is kicking in what was available to make the partnership work. She closed by saying "let's send good money after good" and "if not now, when."

Granger said Mrs. Werle's concerns were related to one of the Tourism Advisory Committee members having connections with RBAA and that, per Eric Gregory, County Attorney, there was no legal recourse and the vote was valid. Jordan commented thanking Dr. Young and added it's "not a conflict, it's a vested interest." Pearson added her thanks to Dr. Young and wanted to speak a moment about the vote. She said that because all of the Tourism Advisory Committee members are involved in various things, there is always going to be somebody that has a connection to something they vote on. Brabo interrupted by saying it was similar to the Supervisors and the various committees and boards they serve on. She then asked Pearson if there was a quorum present for the vote. Pearson answered that there was a quorum present and that the motion was made, properly seconded, and discussed. When the vote was made, it was three to one in favor.

Bueche made one of the more important points by stating that the Tourism Advisory Committee was just that, advisory, and therefore there was no need for recusal since the Board of Supervisors isn't obligated to expend any funds. According to the Tourism Advisory Committee Charter, under the heading "Limited Authority," it states "The Committee shall be advisory only and shall have no authority to establish or declare policy, enter into any contract or incur any obligation or otherwise speak for, represent, bind and/or obligate King George County, or its departments, employees or agents of any kind."

Dr. Young thanked Jordan and Pearson for their words, but cautioned that his presentation wasn't over just yet. He said there were two options to consider. The first is a non-expandable well that would cost $140,000 to $210,000 and the second was an expandable well that would cost $240,000 to $310,000. He also said the expected completion date would be prior to the County's 300th anniversary in 2020. He recommended pursing this public-private partnership as a win-win for the County and the Service Authority.

Brabo said she was in favor of the expandable well, especially seeing as the Circle System was at capacity. She said there needs to be the ability to expand the area in the future and investing $100,000 now sounded more responsible than $1.5 million later. Granger said it makes sense but clarified they aren't voting to obligate the money now, just discussing it. Binder said she supported the project but wanted to make sure the County had assurances from the developer. Young said that none of the money will be going into the hands of the developer but instead would be paid to an engineering firm to do the work. He also said that payment wouldn't happen until the developer is already in the process of developing Ralph Bunche.

Bueche said the expandable well makes sense and didn't want to consider the non-expandable well. He said if we do it, let's do it right. He thanked Jordan for her comments and said she makes him nervous sometimes because she's always so passionate. He said there are a lot of projects and scarce funds but that this is the only way to make the project come to fruition. Bueche repeated a point from Dr. Young's presentation that if the project didn't work, the County would be saddled with a vacant building that would cost millions to repair and make functional again. He then commented that he wanted to see if the organizations could put more funds into the project. Brabo reminded him that the Tourism Advisory Committee works for the Board so there's no need to go back to them for more money. She also said that, regarding the RBAA, it is related to their focus of the museum and they will also be responsible for furnishing the museum. Brabo said it would be bad manners to ask for more. There was some cross-talk where Bueche questioned fundraising and Brabo said he might be creating tension when there shouldn't be. Bueche said he wasn't trying to create tension, just discussing finances. Jenkins finally commented that he was in favor of it as presented and that he can finally see the light at the end of the tunnel. Granger said he was in favor of the expandable well.

Next to the podium was Lavita Cobb, Purchasing Manager. She was there to ask the Board to award a construction contract for the King George Middle School Expansion Project. Giving a brief overview of what was already in the Agenda, she said the base price was $18 million and the recommended budget was $20 million. The Board approved the contract.

Chief Moody was next to speak giving the Board an opportunity to ask questions or make comments about the mutual aid agreement between the King George County and the Commandant Naval District Washington. He said this was a standard agreement that his department, the Department of Fire, Rescue, and Emergency Services, has with surrounding emergency services. The Board approved the agreement.

Moody then discussed the proposed ordinance amendment regarding open burning. He said complaints from Potomac Elementary School have dated back several years where staff, faculty, and students have had to deal with neighbors near the school burning leaves and brush. Moody said the smoke is problematic and has been the cause of altered recess times, instances of asthma, burns from floating embers, and the school's HVAC system sometimes pulls the smoke into the building. He said as things are now, they are in a reactionary mode where burning takes place, a complaint is made, and the burning stops. Moody said the amendment would allow for a proactive approach by not allowing open burning within 1,000 feet of the school building, not the property line, when school is in session. He said one item of note that was not addressed in the amendment was the Parks and Recreation use of school property after school hours for their events. Moody also noted that Potomac Elementary School was more tightly bounded by neighboring homes than the other schools, such as Sealston Elementary School.




Jenkins asked if Spotsylvania and Stafford have similar rules in place. Moody said they mostly enforce the rules based on the zoning of the property. He said the minimum is 50 feet from a structure and in some cases up to 300 feet from a structure. Moody also noted that the statewide burn ban just ended.

Jenkins then said he didn't understand the point of the leaf collection portion of the ordinance and asked if that could be removed if the new amendments were adopted. Brabo, Moody, and Gregory said that the annotated version in the Agenda wasn't quite labeled correctly and that the leaf collection portion was a relic from old state law that allowed for such a thing. Seeing as this no longer applied, and as Jenkins joked wouldn't be funded by the County, Gregory said the leaf collection portion would be removed and replaced by the amended paragraphs.

Jenkins then commented on the Parks and Recreation practices being a limiting factor and suggested including those since these were the "same kids we're trying to protect." Brabo said it might be too much of a can of worms if something like that were included. Bueche added that at some point you have to take into account the property owner and their rights. He said it makes sense during school hours but beyond that he would defer to the property owners.

Moody then continued his presentation by stating that the amendment included rules on burning structures as a method of demolition. He said when this is done, it is often without notifying him and sometimes results in a 911 call. He also said that as development continues, lot sizes continue to shrink, causing this method of demolition to be more hazardous. The amendment would require prior written approval from the County fire official.

The Board approved the publishing of a proposed ordinance.

Dr. Young then presented an updated Secondary Six-Year Plan (SSYP) from VDOT. The update would include the completion of Chatterton Lane in FY18/19, moving Peerless Road from the Unpaved Roads spreadsheet to the SSYP, moving Ivy Hill Loop up in priority on the Unpaved Roads Spreadsheet, and the consideration of using the VDOT Revenue Sharing Program to address the needed improvements on Peerless Road and Ivy Hill Loop. The Board approved these changes for the upcoming Public Hearing.

Dr. Young then did some housekeeping in his County Administrator's Report by reminding the Board of the upcoming King George County Business Appreciation Dinner. Brabo encouraged her counterparts to attend as this would be the first one that's she's missed. Young said he also received a letter from the Dahlgren Naval Support Facility inviting the Board to a community stakeholder meeting. Brabo asked Dr. Young to ensure Cathy Binder has access to the base. Brabo then asked about an email she received from Delegate Ransone about declining an invitation to a meeting and Dr. Young said he would research it.

There being no Closed Session, the meeting adjourned at 10:04pm.

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)

Meeting Agenda

Next Meeting:
The Board of Supervisors will next meet on May 15, 2018 at 6:30 pm at the Revercomb Building.

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

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