by Neil Richard
The King George County Board of Supervisors began their four hour long meeting at 7:01pm. Roughly 100 people were crammed into the Board Room for most of the evening.
They amended the Agenda by adding a Closed Session at the beginning of the meeting and then immediately went into Closed Session at 7:02pm. Dr. Neiman Young, County Administrator, and Eric Gregory, County Attorney, were invited to attend.
The returned from their first Closed Session at 7:23pm and opened the floor for Public Comment.
First to speak was David Larose who apologized for his appearance as he had a seizure earlier in the day. His main concern was the lack of sidewalks in the County, especially along Route 3 (Kings Highway) where he lives. He said he has seen kids walking along the road and even someone in a motorized wheelchair trying to navigate alongside traffic. He said he was a disabled veteran and due to a brain injury, he isn't allowed to drive. Because of this, he frequently walks along Route 3 to go get groceries and has been nearly hit numerous times. He said without sidewalks, it's dangerous for pedestrians. He said even school kids waiting at the bus stop would benefit form having a safer place to get on and off the bus.
Next to speak was Billy Clift. Clift was there to speak out against the proposed gun range that could go in at the former Cameron Hills Golf Course. He said he was aware that there was no official application to date but he wanted to voice his concerns as well as those of his neighbors. He said the property isn't zoned for such a business and the noise would impact the rural nature of the area. Clift said it was currently zoned A-1 and that a special permit would be needed. He said other property was for sale that would be better suited to the proposed business. Clift also said that most citizens in King George are gun owners and because most think the issue is about gun rights, they'll support the range. He said that when citizens ask questions, they learn that it's not about gun rights but rather about the Comprehensive Plan. He also said it could negatively impact the property value of neighbors. He closed by asking if it was right to trample on the rights of the residents in favor of the recreational wants of others.
Vera Means was next to speak, also voicing her concerns over the proposed gun range. She said the Ognek brothers painted a different picture at their town hall as they've been calling it a sport shooting facility outside of the county. She said she moved to her home because of the zoning and Comprehensive Plan that showed it would be preserved as a rural area. Means said she has invested heavily in her property to make it what she wants and that she's here to beg each and every one of the Supervisors to not ruin it. She then referenced the County's Noise Ordinance, saying it is to be used to promote health and welfare by reducing noise. She also read part of an Environmental Protection Agency (EPA) report that said noise can have major consequences to health. She said this wasn't anti-gun but rather pro-quality of life. She asked the Board to not let people take her peaceful day away from her and then go home to their own peace and quiet.
Before the next speaker stepped forward, Richard Granger asked everyone to be conscious of the time as a lot of people were here to speak.
Linda Peterson was next to speak, also against the proposed gun range. She said residents have spoken repeatedly about their objections noting that gunfire would be an issue for the people and animals in the area. She also said the residents in the Shiloh area don't want the range because it would reduce the value of property, not benefit the citizens, and was not in accordance with the Comprehensive Plan. She also said if a range was established, it could be sublet to another agency such as Crucible in Spotsylvania. She closed by saying once a variance is given, there's no recourse.
Sherri Spillman was next at the podium, stating she lives across the creek from the proposed gun range. She said they have cattle and, as she turned to look at the previous speakers in the audience, she said her comment was "ditto." She said she isn't against guns. She owns guns, supports hunting, and even heard somebody shot a buck on her property the other day. But, she said, if a range does move in, she wouldn't be in King George anymore.
Darren Grigsby stepped up to speak, saying he wasn't as well prepared as those before him. He said his issue was a noise issue, not a gun issue. He said he lives about four miles from the Colonial Beach Dragstrip. He said he didn't have the scientific info on why noise travels the way it does, but sometimes he hears the race cars and sometimes he doesn't. He said the range would be the same way. He said Ruby Brabo came to hear concerns from residents a few years ago about a proposed passing lane in their area and hoped the rest of the Board would do the same and take the concerns of residents in mind.
Mike Muth stepped up to briefly say he was there to stand with his neighbors against the gun range. He said he fled Charles County after years of development and asked the Board to not allow the same thing to happen here.
Jesse Walton also briefly stood at the podium to say the same thing. He didn't want the range either.
Wayne Means was next to speak, stating that he spent 30 years as a cop in Prince George's County and taught firearms training. He said you have no idea what the sound is like and said that if a law enforcement office comes in, there will be a lot of noise. He said he loves shooting but doesn't want it in his neighborhood.
Koontz Campbell was next to the podium and said her biggest concern was trust. She said the Comprehensive Plan was in place and that if the Board was willing to make changes to the zoning every time a business came in, it robs the people already there of what people thought they had.
Jamie Fraser was next and said she opposed the gun range. She said she and her husband were from West Virginia and love the mountains. Jobs brought them to King George and after a year of looking, they finally found a place that reminded them of West Virginia. She said their home on Bald Eagle Drive is peaceful and everything they've looked for and just want the best for their son, knowing that he can go outside and love nature.
Wilma Ward spoke next, saying she was against the gun range. For over 40 years she's taught people how to ride horses and she's had to call the Sheriff's Office a few times because of fireworks. She said she can only imagine what guns would do.
John Wheeler was next and he said he stood with his neighbors against the range. He said at the start he was for the range but has since changed his mind. He referenced a range he was a member of in Stafford and said the noise is loud. He also had concerns about lead from the spent ammunition leeching into the environment.
With that being the end of the first round of Public Comment, the Supervisors then gave their reports.
John Jenkins thanked everyone for their comments. Jenkins said he wanted to thank the first speaker for his service and agreed that the lack of sidewalks were an issue county-wide. He hoped they could address it in the future noting that it really is more of a safety issue than a recreation issue. As for the gun range, Jenkins said he may sound like a broken record but there has been no official application. He said when that day comes, the Board will address it but he still appreciated everyone's comments.
Jenkins said he attended the Fall Festival in October as well as the Capital Improvement Plan (CIP) work session. On November 6, Jenkins met with Captain O'Leary and others about the extreme congestion caused by the new base security procedures. He thanked everyone for their time and for listening.
Jenkins then moved to appoint Zach Filts to the Smoot Library Board of Trustees. The motion was approved.
Jenkins closed his remarks by saying that, with mixed feelings, he would not be running for reelection. He said his main reason for family, saying that it was hard to leave his young daughter behind to go to a meeting. He said she cries now but he's sure when she's a teen she'll ask him to leave. Jenkins said it's with a heavy heart he announces this and hoped that he's not letting too many people down. He also hoped that he's not making too many people happy. He said he had no doubt another candidate would come forward.
Jeff Bueche began his report by thanking everyone for commenting. Regarding the gun range, he said there's a lot of unknowns but that it would need a special exception. He said that for himself, he needed to see the benefit to residents. He thanked those that came out early in the process.
Bueche then thanked Captain O'Leary and his staff at Dahlgren. He said everyone was transparent and they were able to work through the traffic issues.
Bueche said that since the last Board meeting, there have been significant weather events and that during those events he has gone to Potomac Landing to walk around and see what the drainage looked like. This was clearly in reference to the Public Hearing later in the meeting.
Bueche also wished everyone a belated happy Veteran's Day and thanked everyone that has served, including Jeff Jenkins and Dr. Neiman Young. In October, Bueche said he attended the 100th Anniversary celebration in Dahlgren, started the One-Eyed Zombie Run at Caledon, and attended several meetings. He also attended Tim Smith's retirement party, stating everyone will miss him. On November 4, Bueche attended the Caledon Art and Wine Festival and met with Captain O'Leary on the 6th. From the 10th through the 13th, he attended the Virginia Association of Counties (VACo) conference. He also reminded everyone that he was hosting a Town Hall Friday the 16th at 6:30pm at the American Legion Hall next to Indiantown Road and Dahlgren Road.
Ruby Brabo opened her remarks with a long list of meetings and conference calls she participated in since the last Board meeting. These included National Association of Counties (NACo), Virginia Association of Counties (VACo), and other governmental groups. She also participated in a meeting with Rob Wittman regarding the new broadband services from KGI Communication, numerous meetings with Captain O'Leary regarding the traffic congestion, and a meeting with the Ogneks about their new proposal for the former Cameron Hills Golf Course. Brabo did note that NACo and VACo are non-partisan groups but are political in that they lobby Federal and state governments on behalf of local governments.
Brabo said both political parties think they are winning but Independent registrations are actually winning. She said the commercials for the 2018 elections were targeting specific local issues and that both sides have become more extreme in the last 18 months. She also noted that this isn't the first time our nation has divided and that is happens about every 60 years or so.
Brabo continued by saying Eric Gregory, County Attorney, has been one of many that are participating in updating the Virginia State Code. She said this is the first revision since 2006. Brabo also said Virginia does not currently conform to the Federal tax code, which will mean a tax increase for many taxpayers.
Brabo said she's holding a Candidate Workshop on Thursday, November 15 at 7pm at the Citizen's Center.
Brabo then commented on the concerns over the sidewalks by saying she commended Jenkins for his advocacy for sidewalks and crosswalks. She said the County has submitted a crosswalk in Dahlgren to be a Smart Scale project. She said the Board also did a study on inter-modal transportation where the primary point was to have a safer community that could get around without cars. She did caution that it costs money for those projects but the Board did appreciate the comments from citizens.
Brabo also said she appreciated the comments about the gun range.
Brabo closed her report by saying she would be running for reelection.
Cathy Binder opened her report by saying she met with the Ognek brothers about their different version for the former Cameron Hills Golf Course and noted that she appreciated everyone coming out to speak. She made it clear she was listening to citizens and that she appreciated the passion of her constituents. She also said she appreciated the comments on the sidewalks and that as a running coach, sidewalks may not be the best surface to run on but they were certainly safer.
Binder said she attended the 100th Anniversary celebration in Dahlgren and was very impressed with the time capsule. She also participated in the selection of the Service Authority General Manager. Binder said she also gathered information from teachers and parents at Potomac Elementary School about the traffic issues resulting from increased security measures on base. She shared these with Jenkins and base command staff and said it was nice to have an open dialog with them. Binder also said she attended the VACo conference and noted that the presentation on grants was interesting. Binder also met with the Smoot Board of Trustees and felt hopeful about the new fundraising ideas.
Richard Granger's report included the 100th Anniversary in Dahlgren as well as the CIP work session and the Caledon Art and Wine Festival. He also attended the VACo conference and noted that the Governor wants all residents in the state to have access to broadband within in the next ten years. Granger then made a motion to appoint Kristen Renner to the Social Services Board. The motion was approved. He then thanked everyone that came out and spoke.
Granger then read a Resolution noting the distinguished service of Tim Smith. The Resolution noted that Smith began in 1978 and made numerous accomplishments, professionally and for the department, over the years. Granger congratulated Smith on his retirement.
Tim Smith then thanked his wife Donna for staying with him for the past 30 years. He also thanked the Board of Supervisors, noting with a laugh that he does like Jeff Bueche. He said it was a pleasure working with Dr. Young and Eric Gregory as well.
Brabo thanked Smith for his hard work, especially the Dahlgren Railroad Heritage Trail.
Granger said, as a soccer coach, he appreciated Smith's patience and added with a laugh that Smith has been working Granger's whole life, "literally."
A small portion of the crowd left as the Board approved the Consent Agenda.
The County Attorney, Eric Gregory, gave a report on the Board's request to review any potential conflict of interest with Bagby, Foroughi, and Goodpasture. He noted that the firm does represent the County as well as some developers that operate in King George. Gregory said the concern over conflict of interest doesn't fall under the scope of the laws pertaining to local government as the firm is not a government employee. Gregory did note that the firm did disclose that it worked with developers during the process and that those employees from the firm have not and commit not to have any conflict of interest in their dealings. Gregory also noted that a zoning administrator and department director have oversight of the work being done and that without any credible evidence of wrongdoing, the County must rely on the good faith performance and best practices of the firm. Gregory closed by saying that while there could be a perceived conflict of interest, there is not one.
Brabo commented that while she hears what Gregory said, because of how the concerns arose, there was a perception of a conflict of interest. She asked if going forward, it could be disclosed to avoid the perception in the future. Gregory said he understood and recommended that.
The Public Hearing on the Preliminary Plan for the proposed Potomac Landing Subdivision was next on the Agenda. Angela Foroughi began by giving the Board a summary of the proposed development. The total area was about 223 acres and zoned A-2. While it was originally 18 parcels with about ten acres each, the developer planned on changing that to 87 lots. It would be developed in one phase with about 11 acres dedicated to right of way and about six acres for storm-water management. Foroughi said the plan, as proposed, meets the minimum requirements. She also said the Planning Commission held a public hearing on October 9 with 22 speakers against the project. The Planning Commission eventually voted to approve the plan as did the County staff. Foroughi also stated that the King George Sheriff's Office noted no issues with the Home Owner's Association ordinance.
Next was H. Clark Leming, the attorney for the current property owner, Virginia Real Estate Holding. Leming is a prominent land use attorney known for working controversial development cases from Crow's Nest to Crucible since the 1990s. He said this was the first time he had seen a public hearing on a preliminary plan because most often these decisions are delegated staff for approval. Leming said it was important to note that this is a preliminary plan and under Virginia law, it was a ministerial function, not a legislative function. He said the single question that Foroughi answered, does the preliminary plan comply with County Ordinances, that it does comply. He said that staff recommends it and the Planning Commission, after a long meeting, recommends it. Leming said the Board would likely hear about covenants tonight but the Virginia Code sections that govern the review are 15.2-2259, 15.2-2260, and 15.2-2281. All of those, he said, show that there needs to be a specific problem with the plan that needs to be cited, such as a violation of an ordnance, if the plan is rejected. There being no issues, and because of the subdivision being allowed by right, the plan should be approved.
Richard Granger asked the County Attorney, Eric Gregory, for legal council about local ordinances. Gregory said he concurred with the staff report for the reasons previously stated. He said this was largely a ministerial act under state law because the plat meets all of the requirements. Gregory also said this won't be the final review, that it's just the preliminary plan. He also said it bears no relation to the Subdivision Ordinance that references private easements. He said, in other words, it is a private matter between the Fairview Beach Resident's Association, the Home Owner's Association, and the developer.
Bob Colopy was first to speak for Public Comment. He said this development is an unusual situation in Fairview Beach as it may create the potential for explosive conflagration similar to what was happening in California. He said the density of the population, dry vegetation, and winds hitting the hill could create a dangerous situation where the proposed additional 87 homes and their residents wouldn't be able to evacuate. He also mentioned the Colby County landslide where 52 people died after a forecast of light rain. He said the slope in the area is as high as 30 percent and that many counties won't allow development on slopes over 25 percent.
Wayne Woodis was next to speak. He started by saying he was known to be pro-development but that he couldn't support this plan. He was concerned about the impact of 87 homes and noted the cost to the school system and fire and rescue department. Woodis said we need more commercial or industrial development. He said the steep slopes will make home building very challenging at best and that the land and topography will require a lot of cutting to build on a usable space. He said the applicants are not developers but rather investors. His final concern was the storm water discharge as all of it would flow downhill into existing homes.
Cathy Puskar was next to the podium. She cited concerns with significant traffic, water runoff, and wildlife impacts. She said her property abuts a wetlands area and that she has already experienced significant water issues. Puskar said these runoff issues would be exacerbated by the development and cannot believe the pat answers that these water issues will be taken care of. She closed by saying she wondered about the location of nests in the area and the impact the development would have on wildlife.
Eric Henry of Tides Road opened his comments by asking the Board to not approve the change in lot size. He said the current owners expected these to be larger lots. He noted his concerns over increased traffic, including a single boat launch that has parking for maybe four cars. He said many times he's had to unload his boat and drive home to park then walk back down to the ramp. He felt the additional homes would be too far away to walk and could potentially impede traffic by parking on the road. He said there was no way to accommodate the increased use and would not have bought his house if he knew the lot size would change.
Saundra Pearson spoke next. She said looks can be deceiving. She said when looking at the plans, the ten acre lots are divided into two acre lots and everything looks great with cul-de-sacs and streets. But if you walk through the 223 acres where the lots are located, you could see first hand the natural terrain and the illusions of the plan would disappear. She thanked Bueche for looking at the water. Pearson said that by visiting the area, you'd see that trees would need to be removed and terrain leveled. Approval would forever change their quality of life and the impact of the increased water run off into a 28 year old dam would be dangerous. She said the wildlife habitat would be impacted and the increased traffic on Route 218 would pose a danger.
James Shall of Potomac Landing Drive then voiced his concerns. He said he chose the neighborhood because of it's charm and aesthetics. He felt threatened by the development and very strongly opposed it. He said he understood the Board doesn't have the power to enforce the Home Owner's Association (HOA) rules but there is a spirit of integrity. He also said he was concerned about the significant issues with traffic, wildlife, safety, and the inability of the amenities to accommodate growth of this size.
Glenna Marlowe of Anchor Court then gave her comments, noting that this was the third time she has spoken out against the proposed development. She said it is very important to her and her neighbors. Her concerns include storm water runoff, the environment, traffic, and wildfires. She said she examined her own intentions regarding her opposition and they were honorable and right. She felt the problem was an investment company was interloping and disrupting the life of residents. She felt the investment company would take their money and run and King George County and the residents would have to clean up the mess. She felt it set the wrong precedent for King George and asked the Board to not approve the request.
Richard MacDonald thanked the Board for listening to everyone's comments and reading everyone's correspondence. He said that maybe the Board's hands are tied and that it feels like he's beating a dead horse. He said the traffic issues involved were based on the 500% increase in homes, resulting in a doubling of traffic. He felt like an outside company was coming into King George to take advantage of the situation and would take their profit and leave. He cited the increased runoff coming off the mountain that was very steep and water damaging homes that have already been constructed.
The daughter of Jacky Legrand was next to speak. She was there to speak for her father who owned 78 acres next to the proposed development. She said it has been used for hunting since the 1990s and that he has noticed a decrease in wildlife and an increase in litter over time. She said he was concerned about the storm water runoff and asked the area not be developed.
Alice Austiff of Potomac Landing then spoke. She said she's been there since 1999 and felt like the neighborhood was well planned from the start but that now it felt like the rug was being pulled out from under them. She said based on an average of 3.4 people per house, the proposed 87 lots would mean an increase of 325 to 350 people. She said these people would want to use the beach and boat ramp but neither could accommodate that many. She said the beach is only about 100 feet long and there are no bathrooms. Austiff also noted her concerns over the earthen dam that has been there for a long time and the only thing holding water back. She urgently and sincerely asked the Board to not vote for the proposed plan.
Ed Tuite of Vista Court said he was proud to call Fairview Beach home. He said he was very emotional and passionate about where he lives and felt the violation of the covenants had nothing to do with it. He said the investors won't add to the amenities. He said he drives 150 to 210 miles a day for work and he's always excited when he comes home. He said people "bitch about seeing deer" in the road but he looks forward to it every day. Tuite said that until he moved here, he never knew what sound Bald Eagles made. He grew up in New Jersey, lived in Montgomery County and even lived in Stafford. But he said he worked hard to move here to King George. He thanked everyone for listening to him and thanked his neighbors for speaking.
Eric Kessler, one of Tuite's neighbors, then spoke. He thanked the Board for the opportunity to again address the issue. He said he is in opposition to the change and fully concurs with everything that's already been said. Kessler said the Board should maintain the plans as they were put into place by the previous developer, Dr. Kelsey. He said the proposed plan does not represent or mark where the Bald Eagle's nests are. He said it's not unusual to get emotionally charged and nervous when your family plans rest with their decision but he was relying on the Board's stewardship over the matter. He said the Planning Commission apparently forgot the meaning of planning and that according to their website, they are charged with reviewing and making recommendations. Kessler said he appreciated Bueche coming out in the rain to view the property. Kessler also said the amenities were built with the intention of the lots remaining at their larger size and that any growth beyond that is unacceptable. He closed by saying he wanted his grandchildren to see the Bald Eagles behind his house.
Geoffrey Florschutz then spoke against the proposed development. He said he didn't want to reiterate what he's already said to each of the Supervisors but rather wanted to say that the current Comprehensive Plan does not support approval of the subdivision. He called special attention to the land use patterns that sustain and promote the health of residents. Florschutz said those "criteria would be adversely affected" if the plan was approved. He said the plan's policy was to ensure low density development based on the wooded area and the key provision of the plan is to direct the majority of new development to the Dahlgren and Courthouse areas. He said the large majority of the land in the area proposed is steep and has wildlife habitats that would be impacted. He felt those habitats should be protected based on the Comprehensive Plan and that subdividing the lots does not support this. He strongly urged the Supervisors to think carefully about the negative effects the proposed plan would have on residents and asked them to either reject or defer a decision until further studies could be done.
Mary Berns, a neighbor of Florschutz, said she moved here more than six years ago and is opposed to the expansion. Her big concern was over the environmental impact, especially the nitrate plumes that would impact bird species. She said the Potomac River already has issues with pollution and this development threatened to make it worse. Berns also said she asked the United States Army Corps of Engineers about the earthen dam that would be impacted by runoff from the development and they referred her to the Virginia Department of Environmental Quality (DEQ). She said when she talked to DEQ, they had no idea of any potential project there. Berns said land erosion is already an issue before any potential development. She closed by saying the Service Authority noted high bacterial levels in the Potomac River at their last meeting and that she respectfully asks the Board to decline the expansion.
Chris Sample of Tides Road said he stood in solidarity with his fellow residents. He said the major issue is storm water runoff. Sample said that every year he's been there, he's asked Virginia Department of Transportation (VDOT) for help with standing water. He thanked Bueche for coming out to see the property in question. He said that in 1861, the Confederates blockaded Mathias Point. This led to the first death of a Union Naval officer in the Civil War. He said the Union troops would come to occupy the hills of what would become Fairview Beach as they made their way to the Battle of Fredericksburg. He said the letters home from those Union troops say that they wanted to bring their families back to this area because it was rich with a wonderful ecology, including birds of prey. Sample said that as a graduate of the Naval Academy and a Marine officer, he feared for the safety of his children because of this development. He said other residents have fled other counties because of over-development and asked the Board to not make the same mistake here.
Ray Brown, whose house abuts the wooded uphill area of the proposed development, said he knew ten acre lots could be sold uphill from him when he bought his house. He said he was okay with that but not with the proposal of bringing another Hopyard Farm to his backyard. He said he has had to spend money to mitigate the continual flooding in his crawlspace but that outside the house there is still an issue. He said such a large development up-slope from him would leave him "inundated with water." He said the open swales area already overloaded and can't handle the rain. Brown also said property values would be diluted. He said the roads in the area are not made for that much traffic and egress is an obvious safety issue. He also noted his concern over the storm water runoff that would be an issue because of the impermeable clay soil in the area. Brown said there is no space for doubling the population and then added concerns over boat ramp parking and wildlife impacts.
Jim Lynch, who is not a resident of Fairview Beach but does live in King George, said the Board of Supervisors does perform ministerial and legislative roles in matters. He said when he was Vice-Chair of the Planning Commission a long time ago, one of the things they tried to do was see how the proposals meshed in with the neighborhoods around them. Lynch said it was important that they not disturb the areas around them and this proposal doesn't meet that test. He said the developers bought the property when it was already subdivided into ten acre lots and an already platted development.
John Marlowe, President of the Potomac Landing Overlook Association, then spoke. He said he stood before the Board and the Planning Commission before to oppose this plan. He noted that despite Leming's earlier warnings that the Board would often hear about the covenants being brought up, the citizens didn't mention them. He then said Public Comment was provided so the Board could hear what constituents have to say and weigh the impact on the County. He said he encouraged many of his neighbors to email the Supervisors and many of them did. He said many got responses from the Supervisors and then shared them with Marlowe. Marlowe said he could summarize the responses from the Supervisors with three quotes. One Supervisor said "the Board of Supervisors has no option but to approve this request." Another is quoted as saying "the property is currently zoned A-2 and if not approved, the County would be sued." The last quote Marlowe gave was "to be honest with you, I don't see how a development within this zone can be stopped." Marlowe then asked if the entire Board supported these statement or not. He also asked what the real purpose of this hearing was for because it sounded like the Board has already made a decision and if the Board has already made a decision, why bother with a Public Hearing. Marlowe said he knew the Board couldn't respond right now but wanted to pose those questions to them. He finished his comments by asking everyone in the audience that opposed the subdivision to raise their hand to which nearly all of the 100 people in attendance did.
Ed Dowl of Sunrise Court said he just moved in five days ago from Hawaii. He said nature is important there and he chose this area because of the quality of life exactly met what he wanted. He felt it was unconstitutional to approve the request.
Don Shelton stood up to briefly state that as a Native American he would research and take action to protect the wildlife in the area.
By 9:58pm, Public Comment was over. The Board moved to defer action until their December 18, 2018 meeting. Everyone except Jeff Bueche voted in support of the delay.
Granger called for a short recess at 10pm and called the meeting back to order at 10:08pm. During this time, the majority of the audience left.
Jim Lynch remained to give the Board a brief introduction of the Memorandum of Agreement (MOA) between the County's Parks and Recreation Department, the Friends of Dahlgren Railroad Heritage Trail (DRHT), and the trail's owner, David Brickley. He also introduced the President of the Friends of DRHT Dave Jones and Friends of DRHT members Paula Van Alstine and Fred Germond. Lynch also introduced the owner of the DRHT, David Brickley. Lynch mentioned that the previous owner, Joe Williams, had intended to use the former railroad bed as an underground path for fiber optic lines. When Brickley purchased the property, he intended to turn it into a trail and began to organize local residents to help with that effort. Lynch said the original plan was to turn the DRHT into an alternative route for residents to get to the base in Dahlgren and the industrial park. He said that plan is now a success as many people use the trail to bike commute to and from the base. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is the Treasurer of the Friends of DRHT.]
Lynch then related a story of a call he got from the Sheriff about a litter of kittens that were left on the trail. Lynch said the Sheriff's office worked quickly to bring out Animal Control and the King George Animal Rescue League to help locate the kittens and find them homes. Lynch said there are other groups in the community that have developed a relationship with the Friends of DRHT, including the Rappahannock Railroad Museum, the King George High School Cross Country and Cheerleader teams, the County's Fire and Rescue Department, Virginia Department of Conservation and Recreation, the National Park Service, local Ham Radio clubs, and many more.
David Brickley then got up and said it was a quarter past ten and he was sure someone on the Board would get a call early tomorrow morning so he would keep his comments short. He said when you have local government and volunteer groups work together, it can make great things happen. He said the goal is still to have the DRHT become a part of the Virginia State Park system and connect to Caledon State Park. Brickley said when that happens, there will be a 16 mile trail that will be part of a system that goes from the Chesapeake Bay all the way to Pittsburgh. He said a recent magazine article talked about a trail near Roanoke and that building a trail would cost about $1 million per mile. He said there is plenty of evidence that trails have a strong and positive economic impact on the locality and the partnership with the DRHT is a fantastic way to maximize the trail's use. He added that the partnership will also be an incentive for grants and that could only bode well for the County.
Lynch then said it looks like everyone is ready to sign. As everyone made their way to sign the MOA, Lynch also wanted to thank Tim Smith, Neiman Young, and Eric Gregory for all of their help. Brickley also wanted to thank Brabo for being on point from the very beginning and thanked the rest of the Board for everything they've done. Ruby Brabo thanked the Friends of DRHT saying they've been there from the beginning despite no support from previous Supervisors along with hurdles from the State legislature. She said the Friends of DRHT have a tenacity and a lot of other folks would have given up. She said the trail is truly an asset to the community and thanked her fellow Board members for seeing the opportunities it provides.
Next on the Agenda was a request from Ryan Gandy, Director of Economic Development, to get funding for the "Lights Up! King George" initiative. The project, organized by the Tourism Advisory Committee, plans to provide holiday lights to residents and businesses along the Kings Highway (Route 3) corridor between Dr. Wendy Moore's Dentistry Office and Tractor Supply.
Binder asked what the cost would be to which Gandy said no more than $2,000. Binder asked if the lights would be used for all three years leading up to the County's 300th anniversary in 2020. Gandy said yes, the lights would be turned on the night of the Christmas tree lighting ceremony. Gandy said the Chamber of Commerce would collect the lights at the end of the holiday season on January 2nd then redistribute them next year. Brabo asked about accountability and who would monitor the inventory of lights. Gandy said the Chamber of Commerce would keep an inventory and that County staff would hold them accountable. Gandy also said that only those residents and businesses that agree to put the lights up will be given lights. With all the questions answered, the Board approved the funding request.
Next on the Agenda was Lavita Cobb from the Procurement Office, asking the Board to adopt the Public-Private Education Facilities and Infrastructure Act Guidelines. The Board approved.
Wilma Ward, Director of Finance, was next, asking the Board to amend the King George County FY18-19 Budget to appropriate the revenue and expenditures related to the County's operation and maintenance of the landfill convenience centers. The Board approved.
Dr. Neiman Young, County Administrator, then presented an updated Economic Development Strategic Plan for the County. He said the previous plan was from 1999 and about 150 pages long. He said the new plan was much shorter, and easier to read, at only 13 pages. He wanted to give the Board time to digest the updated plan before approval and hoped to release the final version to the public in January of 2019.
The Board then discussed how best to gather feedback from residents using surveys and Town Halls while doing their best to keep to the short time frame Dr. Young proposed. The Board agreed to hold a work session the same night as their organizational meeting on January 8, 2019.
Dr. Young began his County Administrator's report by saying he sometimes likes to comment on the Board Reports from the Supervisors. He mentioned Bueche's earlier comments about Veteran's Day and wanted to thank him. Young said he would be remiss for not mentioning Bueche's service in the Coast Guard as well as Brabo being a military spouse and mother. Young then said "never forget" before moving into his formal report.
With the Board already agreeing to their first meeting in 2019 being on January 8, Young moved to his second request from the Board. He asked they approve the staff's request for their holiday party to be held on December 12 and the Board approved.
Dr. Young then humbly requested the Board to change funding on the previously approved Capital Budget noting that they approved the County-wide fiber but not the server upgrades. Young said the servers would need to be upgraded before the fiber is installed and asked the Board to approve the change. The Board approved the change.
Dr. Young then mentioned the Making a Difference Award where one County employee, one Service Authority employee, and one citizen are recognized for their contributions. Young asked the Board to submit their candidates to which Brabo asked who gets them. Young said himself or Amanda Sumiel, Director of Human Resources. Binder asked how long the nominations need to be and Brabo said as long as you feel necessary. Young also said the Board could retain the voting right on the winners or create a committee to do so. Bueche asked who the award is from, the County or the Board of Supervisors. Young said both. Brabo said that based on how the Free Lance-Star does their awards, it might be nice to have a separate committee decide for the citizen but that she would like the Board to decide for the County employee winner.
The Board then went into Closed Session at 10:44pm with Dr. Young and Eric Gregory, County Attorney invited to attend. They returned from Closed Session at 11:01pm.
Dr. Young then realized he had forgotten to introduce the new Director of Parks and Recreation, Chris Clarke. He said Clarke has already been here working for nearly a month. Clarke thanked Dr. Young and the Board for their support and he has already found that the people in King George and the volunteers are very dedicated. Young told the Board that Clarke will be a valuable asset to the team and already helped out at the recent Veteran's Day event. Brabo thanked Clarke for his patience tonight. Dr. Young also issued a Press Release regarding Clarke being hired.
The Board then moved and approved working with the Ralph Bunche Arts and Humanities Center.
The meeting adjourned at 11:04pm.
The King George County Board of Supervisors began their four hour long meeting at 7:01pm. Roughly 100 people were crammed into the Board Room for most of the evening.
They amended the Agenda by adding a Closed Session at the beginning of the meeting and then immediately went into Closed Session at 7:02pm. Dr. Neiman Young, County Administrator, and Eric Gregory, County Attorney, were invited to attend.
The returned from their first Closed Session at 7:23pm and opened the floor for Public Comment.
First to speak was David Larose who apologized for his appearance as he had a seizure earlier in the day. His main concern was the lack of sidewalks in the County, especially along Route 3 (Kings Highway) where he lives. He said he has seen kids walking along the road and even someone in a motorized wheelchair trying to navigate alongside traffic. He said he was a disabled veteran and due to a brain injury, he isn't allowed to drive. Because of this, he frequently walks along Route 3 to go get groceries and has been nearly hit numerous times. He said without sidewalks, it's dangerous for pedestrians. He said even school kids waiting at the bus stop would benefit form having a safer place to get on and off the bus.
Next to speak was Billy Clift. Clift was there to speak out against the proposed gun range that could go in at the former Cameron Hills Golf Course. He said he was aware that there was no official application to date but he wanted to voice his concerns as well as those of his neighbors. He said the property isn't zoned for such a business and the noise would impact the rural nature of the area. Clift said it was currently zoned A-1 and that a special permit would be needed. He said other property was for sale that would be better suited to the proposed business. Clift also said that most citizens in King George are gun owners and because most think the issue is about gun rights, they'll support the range. He said that when citizens ask questions, they learn that it's not about gun rights but rather about the Comprehensive Plan. He also said it could negatively impact the property value of neighbors. He closed by asking if it was right to trample on the rights of the residents in favor of the recreational wants of others.
Vera Means was next to speak, also voicing her concerns over the proposed gun range. She said the Ognek brothers painted a different picture at their town hall as they've been calling it a sport shooting facility outside of the county. She said she moved to her home because of the zoning and Comprehensive Plan that showed it would be preserved as a rural area. Means said she has invested heavily in her property to make it what she wants and that she's here to beg each and every one of the Supervisors to not ruin it. She then referenced the County's Noise Ordinance, saying it is to be used to promote health and welfare by reducing noise. She also read part of an Environmental Protection Agency (EPA) report that said noise can have major consequences to health. She said this wasn't anti-gun but rather pro-quality of life. She asked the Board to not let people take her peaceful day away from her and then go home to their own peace and quiet.
Before the next speaker stepped forward, Richard Granger asked everyone to be conscious of the time as a lot of people were here to speak.
Linda Peterson was next to speak, also against the proposed gun range. She said residents have spoken repeatedly about their objections noting that gunfire would be an issue for the people and animals in the area. She also said the residents in the Shiloh area don't want the range because it would reduce the value of property, not benefit the citizens, and was not in accordance with the Comprehensive Plan. She also said if a range was established, it could be sublet to another agency such as Crucible in Spotsylvania. She closed by saying once a variance is given, there's no recourse.
Sherri Spillman was next at the podium, stating she lives across the creek from the proposed gun range. She said they have cattle and, as she turned to look at the previous speakers in the audience, she said her comment was "ditto." She said she isn't against guns. She owns guns, supports hunting, and even heard somebody shot a buck on her property the other day. But, she said, if a range does move in, she wouldn't be in King George anymore.
Darren Grigsby stepped up to speak, saying he wasn't as well prepared as those before him. He said his issue was a noise issue, not a gun issue. He said he lives about four miles from the Colonial Beach Dragstrip. He said he didn't have the scientific info on why noise travels the way it does, but sometimes he hears the race cars and sometimes he doesn't. He said the range would be the same way. He said Ruby Brabo came to hear concerns from residents a few years ago about a proposed passing lane in their area and hoped the rest of the Board would do the same and take the concerns of residents in mind.
Mike Muth stepped up to briefly say he was there to stand with his neighbors against the gun range. He said he fled Charles County after years of development and asked the Board to not allow the same thing to happen here.
Jesse Walton also briefly stood at the podium to say the same thing. He didn't want the range either.
Wayne Means was next to speak, stating that he spent 30 years as a cop in Prince George's County and taught firearms training. He said you have no idea what the sound is like and said that if a law enforcement office comes in, there will be a lot of noise. He said he loves shooting but doesn't want it in his neighborhood.
Koontz Campbell was next to the podium and said her biggest concern was trust. She said the Comprehensive Plan was in place and that if the Board was willing to make changes to the zoning every time a business came in, it robs the people already there of what people thought they had.
Jamie Fraser was next and said she opposed the gun range. She said she and her husband were from West Virginia and love the mountains. Jobs brought them to King George and after a year of looking, they finally found a place that reminded them of West Virginia. She said their home on Bald Eagle Drive is peaceful and everything they've looked for and just want the best for their son, knowing that he can go outside and love nature.
Wilma Ward spoke next, saying she was against the gun range. For over 40 years she's taught people how to ride horses and she's had to call the Sheriff's Office a few times because of fireworks. She said she can only imagine what guns would do.
John Wheeler was next and he said he stood with his neighbors against the range. He said at the start he was for the range but has since changed his mind. He referenced a range he was a member of in Stafford and said the noise is loud. He also had concerns about lead from the spent ammunition leeching into the environment.
With that being the end of the first round of Public Comment, the Supervisors then gave their reports.
John Jenkins thanked everyone for their comments. Jenkins said he wanted to thank the first speaker for his service and agreed that the lack of sidewalks were an issue county-wide. He hoped they could address it in the future noting that it really is more of a safety issue than a recreation issue. As for the gun range, Jenkins said he may sound like a broken record but there has been no official application. He said when that day comes, the Board will address it but he still appreciated everyone's comments.
Jenkins said he attended the Fall Festival in October as well as the Capital Improvement Plan (CIP) work session. On November 6, Jenkins met with Captain O'Leary and others about the extreme congestion caused by the new base security procedures. He thanked everyone for their time and for listening.
Jenkins then moved to appoint Zach Filts to the Smoot Library Board of Trustees. The motion was approved.
Jenkins closed his remarks by saying that, with mixed feelings, he would not be running for reelection. He said his main reason for family, saying that it was hard to leave his young daughter behind to go to a meeting. He said she cries now but he's sure when she's a teen she'll ask him to leave. Jenkins said it's with a heavy heart he announces this and hoped that he's not letting too many people down. He also hoped that he's not making too many people happy. He said he had no doubt another candidate would come forward.
Jeff Bueche began his report by thanking everyone for commenting. Regarding the gun range, he said there's a lot of unknowns but that it would need a special exception. He said that for himself, he needed to see the benefit to residents. He thanked those that came out early in the process.
Bueche then thanked Captain O'Leary and his staff at Dahlgren. He said everyone was transparent and they were able to work through the traffic issues.
Bueche said that since the last Board meeting, there have been significant weather events and that during those events he has gone to Potomac Landing to walk around and see what the drainage looked like. This was clearly in reference to the Public Hearing later in the meeting.
Bueche also wished everyone a belated happy Veteran's Day and thanked everyone that has served, including Jeff Jenkins and Dr. Neiman Young. In October, Bueche said he attended the 100th Anniversary celebration in Dahlgren, started the One-Eyed Zombie Run at Caledon, and attended several meetings. He also attended Tim Smith's retirement party, stating everyone will miss him. On November 4, Bueche attended the Caledon Art and Wine Festival and met with Captain O'Leary on the 6th. From the 10th through the 13th, he attended the Virginia Association of Counties (VACo) conference. He also reminded everyone that he was hosting a Town Hall Friday the 16th at 6:30pm at the American Legion Hall next to Indiantown Road and Dahlgren Road.
Ruby Brabo opened her remarks with a long list of meetings and conference calls she participated in since the last Board meeting. These included National Association of Counties (NACo), Virginia Association of Counties (VACo), and other governmental groups. She also participated in a meeting with Rob Wittman regarding the new broadband services from KGI Communication, numerous meetings with Captain O'Leary regarding the traffic congestion, and a meeting with the Ogneks about their new proposal for the former Cameron Hills Golf Course. Brabo did note that NACo and VACo are non-partisan groups but are political in that they lobby Federal and state governments on behalf of local governments.
Brabo said both political parties think they are winning but Independent registrations are actually winning. She said the commercials for the 2018 elections were targeting specific local issues and that both sides have become more extreme in the last 18 months. She also noted that this isn't the first time our nation has divided and that is happens about every 60 years or so.
Brabo continued by saying Eric Gregory, County Attorney, has been one of many that are participating in updating the Virginia State Code. She said this is the first revision since 2006. Brabo also said Virginia does not currently conform to the Federal tax code, which will mean a tax increase for many taxpayers.
Brabo said she's holding a Candidate Workshop on Thursday, November 15 at 7pm at the Citizen's Center.
Brabo then commented on the concerns over the sidewalks by saying she commended Jenkins for his advocacy for sidewalks and crosswalks. She said the County has submitted a crosswalk in Dahlgren to be a Smart Scale project. She said the Board also did a study on inter-modal transportation where the primary point was to have a safer community that could get around without cars. She did caution that it costs money for those projects but the Board did appreciate the comments from citizens.
Brabo also said she appreciated the comments about the gun range.
Brabo closed her report by saying she would be running for reelection.
Cathy Binder opened her report by saying she met with the Ognek brothers about their different version for the former Cameron Hills Golf Course and noted that she appreciated everyone coming out to speak. She made it clear she was listening to citizens and that she appreciated the passion of her constituents. She also said she appreciated the comments on the sidewalks and that as a running coach, sidewalks may not be the best surface to run on but they were certainly safer.
Binder said she attended the 100th Anniversary celebration in Dahlgren and was very impressed with the time capsule. She also participated in the selection of the Service Authority General Manager. Binder said she also gathered information from teachers and parents at Potomac Elementary School about the traffic issues resulting from increased security measures on base. She shared these with Jenkins and base command staff and said it was nice to have an open dialog with them. Binder also said she attended the VACo conference and noted that the presentation on grants was interesting. Binder also met with the Smoot Board of Trustees and felt hopeful about the new fundraising ideas.
Richard Granger's report included the 100th Anniversary in Dahlgren as well as the CIP work session and the Caledon Art and Wine Festival. He also attended the VACo conference and noted that the Governor wants all residents in the state to have access to broadband within in the next ten years. Granger then made a motion to appoint Kristen Renner to the Social Services Board. The motion was approved. He then thanked everyone that came out and spoke.
Granger then read a Resolution noting the distinguished service of Tim Smith. The Resolution noted that Smith began in 1978 and made numerous accomplishments, professionally and for the department, over the years. Granger congratulated Smith on his retirement.
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| Tim Smith and Richard Granger |
Tim Smith then thanked his wife Donna for staying with him for the past 30 years. He also thanked the Board of Supervisors, noting with a laugh that he does like Jeff Bueche. He said it was a pleasure working with Dr. Young and Eric Gregory as well.
Brabo thanked Smith for his hard work, especially the Dahlgren Railroad Heritage Trail.
Granger said, as a soccer coach, he appreciated Smith's patience and added with a laugh that Smith has been working Granger's whole life, "literally."
A small portion of the crowd left as the Board approved the Consent Agenda.
The County Attorney, Eric Gregory, gave a report on the Board's request to review any potential conflict of interest with Bagby, Foroughi, and Goodpasture. He noted that the firm does represent the County as well as some developers that operate in King George. Gregory said the concern over conflict of interest doesn't fall under the scope of the laws pertaining to local government as the firm is not a government employee. Gregory did note that the firm did disclose that it worked with developers during the process and that those employees from the firm have not and commit not to have any conflict of interest in their dealings. Gregory also noted that a zoning administrator and department director have oversight of the work being done and that without any credible evidence of wrongdoing, the County must rely on the good faith performance and best practices of the firm. Gregory closed by saying that while there could be a perceived conflict of interest, there is not one.
Brabo commented that while she hears what Gregory said, because of how the concerns arose, there was a perception of a conflict of interest. She asked if going forward, it could be disclosed to avoid the perception in the future. Gregory said he understood and recommended that.
The Public Hearing on the Preliminary Plan for the proposed Potomac Landing Subdivision was next on the Agenda. Angela Foroughi began by giving the Board a summary of the proposed development. The total area was about 223 acres and zoned A-2. While it was originally 18 parcels with about ten acres each, the developer planned on changing that to 87 lots. It would be developed in one phase with about 11 acres dedicated to right of way and about six acres for storm-water management. Foroughi said the plan, as proposed, meets the minimum requirements. She also said the Planning Commission held a public hearing on October 9 with 22 speakers against the project. The Planning Commission eventually voted to approve the plan as did the County staff. Foroughi also stated that the King George Sheriff's Office noted no issues with the Home Owner's Association ordinance.
Next was H. Clark Leming, the attorney for the current property owner, Virginia Real Estate Holding. Leming is a prominent land use attorney known for working controversial development cases from Crow's Nest to Crucible since the 1990s. He said this was the first time he had seen a public hearing on a preliminary plan because most often these decisions are delegated staff for approval. Leming said it was important to note that this is a preliminary plan and under Virginia law, it was a ministerial function, not a legislative function. He said the single question that Foroughi answered, does the preliminary plan comply with County Ordinances, that it does comply. He said that staff recommends it and the Planning Commission, after a long meeting, recommends it. Leming said the Board would likely hear about covenants tonight but the Virginia Code sections that govern the review are 15.2-2259, 15.2-2260, and 15.2-2281. All of those, he said, show that there needs to be a specific problem with the plan that needs to be cited, such as a violation of an ordnance, if the plan is rejected. There being no issues, and because of the subdivision being allowed by right, the plan should be approved.
Richard Granger asked the County Attorney, Eric Gregory, for legal council about local ordinances. Gregory said he concurred with the staff report for the reasons previously stated. He said this was largely a ministerial act under state law because the plat meets all of the requirements. Gregory also said this won't be the final review, that it's just the preliminary plan. He also said it bears no relation to the Subdivision Ordinance that references private easements. He said, in other words, it is a private matter between the Fairview Beach Resident's Association, the Home Owner's Association, and the developer.
Bob Colopy was first to speak for Public Comment. He said this development is an unusual situation in Fairview Beach as it may create the potential for explosive conflagration similar to what was happening in California. He said the density of the population, dry vegetation, and winds hitting the hill could create a dangerous situation where the proposed additional 87 homes and their residents wouldn't be able to evacuate. He also mentioned the Colby County landslide where 52 people died after a forecast of light rain. He said the slope in the area is as high as 30 percent and that many counties won't allow development on slopes over 25 percent.
Wayne Woodis was next to speak. He started by saying he was known to be pro-development but that he couldn't support this plan. He was concerned about the impact of 87 homes and noted the cost to the school system and fire and rescue department. Woodis said we need more commercial or industrial development. He said the steep slopes will make home building very challenging at best and that the land and topography will require a lot of cutting to build on a usable space. He said the applicants are not developers but rather investors. His final concern was the storm water discharge as all of it would flow downhill into existing homes.
Cathy Puskar was next to the podium. She cited concerns with significant traffic, water runoff, and wildlife impacts. She said her property abuts a wetlands area and that she has already experienced significant water issues. Puskar said these runoff issues would be exacerbated by the development and cannot believe the pat answers that these water issues will be taken care of. She closed by saying she wondered about the location of nests in the area and the impact the development would have on wildlife.
Eric Henry of Tides Road opened his comments by asking the Board to not approve the change in lot size. He said the current owners expected these to be larger lots. He noted his concerns over increased traffic, including a single boat launch that has parking for maybe four cars. He said many times he's had to unload his boat and drive home to park then walk back down to the ramp. He felt the additional homes would be too far away to walk and could potentially impede traffic by parking on the road. He said there was no way to accommodate the increased use and would not have bought his house if he knew the lot size would change.
Saundra Pearson spoke next. She said looks can be deceiving. She said when looking at the plans, the ten acre lots are divided into two acre lots and everything looks great with cul-de-sacs and streets. But if you walk through the 223 acres where the lots are located, you could see first hand the natural terrain and the illusions of the plan would disappear. She thanked Bueche for looking at the water. Pearson said that by visiting the area, you'd see that trees would need to be removed and terrain leveled. Approval would forever change their quality of life and the impact of the increased water run off into a 28 year old dam would be dangerous. She said the wildlife habitat would be impacted and the increased traffic on Route 218 would pose a danger.
James Shall of Potomac Landing Drive then voiced his concerns. He said he chose the neighborhood because of it's charm and aesthetics. He felt threatened by the development and very strongly opposed it. He said he understood the Board doesn't have the power to enforce the Home Owner's Association (HOA) rules but there is a spirit of integrity. He also said he was concerned about the significant issues with traffic, wildlife, safety, and the inability of the amenities to accommodate growth of this size.
Glenna Marlowe of Anchor Court then gave her comments, noting that this was the third time she has spoken out against the proposed development. She said it is very important to her and her neighbors. Her concerns include storm water runoff, the environment, traffic, and wildfires. She said she examined her own intentions regarding her opposition and they were honorable and right. She felt the problem was an investment company was interloping and disrupting the life of residents. She felt the investment company would take their money and run and King George County and the residents would have to clean up the mess. She felt it set the wrong precedent for King George and asked the Board to not approve the request.
Richard MacDonald thanked the Board for listening to everyone's comments and reading everyone's correspondence. He said that maybe the Board's hands are tied and that it feels like he's beating a dead horse. He said the traffic issues involved were based on the 500% increase in homes, resulting in a doubling of traffic. He felt like an outside company was coming into King George to take advantage of the situation and would take their profit and leave. He cited the increased runoff coming off the mountain that was very steep and water damaging homes that have already been constructed.
The daughter of Jacky Legrand was next to speak. She was there to speak for her father who owned 78 acres next to the proposed development. She said it has been used for hunting since the 1990s and that he has noticed a decrease in wildlife and an increase in litter over time. She said he was concerned about the storm water runoff and asked the area not be developed.
Alice Austiff of Potomac Landing then spoke. She said she's been there since 1999 and felt like the neighborhood was well planned from the start but that now it felt like the rug was being pulled out from under them. She said based on an average of 3.4 people per house, the proposed 87 lots would mean an increase of 325 to 350 people. She said these people would want to use the beach and boat ramp but neither could accommodate that many. She said the beach is only about 100 feet long and there are no bathrooms. Austiff also noted her concerns over the earthen dam that has been there for a long time and the only thing holding water back. She urgently and sincerely asked the Board to not vote for the proposed plan.
Ed Tuite of Vista Court said he was proud to call Fairview Beach home. He said he was very emotional and passionate about where he lives and felt the violation of the covenants had nothing to do with it. He said the investors won't add to the amenities. He said he drives 150 to 210 miles a day for work and he's always excited when he comes home. He said people "bitch about seeing deer" in the road but he looks forward to it every day. Tuite said that until he moved here, he never knew what sound Bald Eagles made. He grew up in New Jersey, lived in Montgomery County and even lived in Stafford. But he said he worked hard to move here to King George. He thanked everyone for listening to him and thanked his neighbors for speaking.
Eric Kessler, one of Tuite's neighbors, then spoke. He thanked the Board for the opportunity to again address the issue. He said he is in opposition to the change and fully concurs with everything that's already been said. Kessler said the Board should maintain the plans as they were put into place by the previous developer, Dr. Kelsey. He said the proposed plan does not represent or mark where the Bald Eagle's nests are. He said it's not unusual to get emotionally charged and nervous when your family plans rest with their decision but he was relying on the Board's stewardship over the matter. He said the Planning Commission apparently forgot the meaning of planning and that according to their website, they are charged with reviewing and making recommendations. Kessler said he appreciated Bueche coming out in the rain to view the property. Kessler also said the amenities were built with the intention of the lots remaining at their larger size and that any growth beyond that is unacceptable. He closed by saying he wanted his grandchildren to see the Bald Eagles behind his house.
Geoffrey Florschutz then spoke against the proposed development. He said he didn't want to reiterate what he's already said to each of the Supervisors but rather wanted to say that the current Comprehensive Plan does not support approval of the subdivision. He called special attention to the land use patterns that sustain and promote the health of residents. Florschutz said those "criteria would be adversely affected" if the plan was approved. He said the plan's policy was to ensure low density development based on the wooded area and the key provision of the plan is to direct the majority of new development to the Dahlgren and Courthouse areas. He said the large majority of the land in the area proposed is steep and has wildlife habitats that would be impacted. He felt those habitats should be protected based on the Comprehensive Plan and that subdividing the lots does not support this. He strongly urged the Supervisors to think carefully about the negative effects the proposed plan would have on residents and asked them to either reject or defer a decision until further studies could be done.
Mary Berns, a neighbor of Florschutz, said she moved here more than six years ago and is opposed to the expansion. Her big concern was over the environmental impact, especially the nitrate plumes that would impact bird species. She said the Potomac River already has issues with pollution and this development threatened to make it worse. Berns also said she asked the United States Army Corps of Engineers about the earthen dam that would be impacted by runoff from the development and they referred her to the Virginia Department of Environmental Quality (DEQ). She said when she talked to DEQ, they had no idea of any potential project there. Berns said land erosion is already an issue before any potential development. She closed by saying the Service Authority noted high bacterial levels in the Potomac River at their last meeting and that she respectfully asks the Board to decline the expansion.
Chris Sample of Tides Road said he stood in solidarity with his fellow residents. He said the major issue is storm water runoff. Sample said that every year he's been there, he's asked Virginia Department of Transportation (VDOT) for help with standing water. He thanked Bueche for coming out to see the property in question. He said that in 1861, the Confederates blockaded Mathias Point. This led to the first death of a Union Naval officer in the Civil War. He said the Union troops would come to occupy the hills of what would become Fairview Beach as they made their way to the Battle of Fredericksburg. He said the letters home from those Union troops say that they wanted to bring their families back to this area because it was rich with a wonderful ecology, including birds of prey. Sample said that as a graduate of the Naval Academy and a Marine officer, he feared for the safety of his children because of this development. He said other residents have fled other counties because of over-development and asked the Board to not make the same mistake here.
Ray Brown, whose house abuts the wooded uphill area of the proposed development, said he knew ten acre lots could be sold uphill from him when he bought his house. He said he was okay with that but not with the proposal of bringing another Hopyard Farm to his backyard. He said he has had to spend money to mitigate the continual flooding in his crawlspace but that outside the house there is still an issue. He said such a large development up-slope from him would leave him "inundated with water." He said the open swales area already overloaded and can't handle the rain. Brown also said property values would be diluted. He said the roads in the area are not made for that much traffic and egress is an obvious safety issue. He also noted his concern over the storm water runoff that would be an issue because of the impermeable clay soil in the area. Brown said there is no space for doubling the population and then added concerns over boat ramp parking and wildlife impacts.
Jim Lynch, who is not a resident of Fairview Beach but does live in King George, said the Board of Supervisors does perform ministerial and legislative roles in matters. He said when he was Vice-Chair of the Planning Commission a long time ago, one of the things they tried to do was see how the proposals meshed in with the neighborhoods around them. Lynch said it was important that they not disturb the areas around them and this proposal doesn't meet that test. He said the developers bought the property when it was already subdivided into ten acre lots and an already platted development.
John Marlowe, President of the Potomac Landing Overlook Association, then spoke. He said he stood before the Board and the Planning Commission before to oppose this plan. He noted that despite Leming's earlier warnings that the Board would often hear about the covenants being brought up, the citizens didn't mention them. He then said Public Comment was provided so the Board could hear what constituents have to say and weigh the impact on the County. He said he encouraged many of his neighbors to email the Supervisors and many of them did. He said many got responses from the Supervisors and then shared them with Marlowe. Marlowe said he could summarize the responses from the Supervisors with three quotes. One Supervisor said "the Board of Supervisors has no option but to approve this request." Another is quoted as saying "the property is currently zoned A-2 and if not approved, the County would be sued." The last quote Marlowe gave was "to be honest with you, I don't see how a development within this zone can be stopped." Marlowe then asked if the entire Board supported these statement or not. He also asked what the real purpose of this hearing was for because it sounded like the Board has already made a decision and if the Board has already made a decision, why bother with a Public Hearing. Marlowe said he knew the Board couldn't respond right now but wanted to pose those questions to them. He finished his comments by asking everyone in the audience that opposed the subdivision to raise their hand to which nearly all of the 100 people in attendance did.
Ed Dowl of Sunrise Court said he just moved in five days ago from Hawaii. He said nature is important there and he chose this area because of the quality of life exactly met what he wanted. He felt it was unconstitutional to approve the request.
Don Shelton stood up to briefly state that as a Native American he would research and take action to protect the wildlife in the area.
By 9:58pm, Public Comment was over. The Board moved to defer action until their December 18, 2018 meeting. Everyone except Jeff Bueche voted in support of the delay.
Granger called for a short recess at 10pm and called the meeting back to order at 10:08pm. During this time, the majority of the audience left.
Jim Lynch remained to give the Board a brief introduction of the Memorandum of Agreement (MOA) between the County's Parks and Recreation Department, the Friends of Dahlgren Railroad Heritage Trail (DRHT), and the trail's owner, David Brickley. He also introduced the President of the Friends of DRHT Dave Jones and Friends of DRHT members Paula Van Alstine and Fred Germond. Lynch also introduced the owner of the DRHT, David Brickley. Lynch mentioned that the previous owner, Joe Williams, had intended to use the former railroad bed as an underground path for fiber optic lines. When Brickley purchased the property, he intended to turn it into a trail and began to organize local residents to help with that effort. Lynch said the original plan was to turn the DRHT into an alternative route for residents to get to the base in Dahlgren and the industrial park. He said that plan is now a success as many people use the trail to bike commute to and from the base. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is the Treasurer of the Friends of DRHT.]
Lynch then related a story of a call he got from the Sheriff about a litter of kittens that were left on the trail. Lynch said the Sheriff's office worked quickly to bring out Animal Control and the King George Animal Rescue League to help locate the kittens and find them homes. Lynch said there are other groups in the community that have developed a relationship with the Friends of DRHT, including the Rappahannock Railroad Museum, the King George High School Cross Country and Cheerleader teams, the County's Fire and Rescue Department, Virginia Department of Conservation and Recreation, the National Park Service, local Ham Radio clubs, and many more.
David Brickley then got up and said it was a quarter past ten and he was sure someone on the Board would get a call early tomorrow morning so he would keep his comments short. He said when you have local government and volunteer groups work together, it can make great things happen. He said the goal is still to have the DRHT become a part of the Virginia State Park system and connect to Caledon State Park. Brickley said when that happens, there will be a 16 mile trail that will be part of a system that goes from the Chesapeake Bay all the way to Pittsburgh. He said a recent magazine article talked about a trail near Roanoke and that building a trail would cost about $1 million per mile. He said there is plenty of evidence that trails have a strong and positive economic impact on the locality and the partnership with the DRHT is a fantastic way to maximize the trail's use. He added that the partnership will also be an incentive for grants and that could only bode well for the County.
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| David Brickley watches as Richard Granger signs the MOA. Photo by Paula Van Alstine. |
Lynch then said it looks like everyone is ready to sign. As everyone made their way to sign the MOA, Lynch also wanted to thank Tim Smith, Neiman Young, and Eric Gregory for all of their help. Brickley also wanted to thank Brabo for being on point from the very beginning and thanked the rest of the Board for everything they've done. Ruby Brabo thanked the Friends of DRHT saying they've been there from the beginning despite no support from previous Supervisors along with hurdles from the State legislature. She said the Friends of DRHT have a tenacity and a lot of other folks would have given up. She said the trail is truly an asset to the community and thanked her fellow Board members for seeing the opportunities it provides.
Next on the Agenda was a request from Ryan Gandy, Director of Economic Development, to get funding for the "Lights Up! King George" initiative. The project, organized by the Tourism Advisory Committee, plans to provide holiday lights to residents and businesses along the Kings Highway (Route 3) corridor between Dr. Wendy Moore's Dentistry Office and Tractor Supply.
Binder asked what the cost would be to which Gandy said no more than $2,000. Binder asked if the lights would be used for all three years leading up to the County's 300th anniversary in 2020. Gandy said yes, the lights would be turned on the night of the Christmas tree lighting ceremony. Gandy said the Chamber of Commerce would collect the lights at the end of the holiday season on January 2nd then redistribute them next year. Brabo asked about accountability and who would monitor the inventory of lights. Gandy said the Chamber of Commerce would keep an inventory and that County staff would hold them accountable. Gandy also said that only those residents and businesses that agree to put the lights up will be given lights. With all the questions answered, the Board approved the funding request.
Next on the Agenda was Lavita Cobb from the Procurement Office, asking the Board to adopt the Public-Private Education Facilities and Infrastructure Act Guidelines. The Board approved.
Wilma Ward, Director of Finance, was next, asking the Board to amend the King George County FY18-19 Budget to appropriate the revenue and expenditures related to the County's operation and maintenance of the landfill convenience centers. The Board approved.
Dr. Neiman Young, County Administrator, then presented an updated Economic Development Strategic Plan for the County. He said the previous plan was from 1999 and about 150 pages long. He said the new plan was much shorter, and easier to read, at only 13 pages. He wanted to give the Board time to digest the updated plan before approval and hoped to release the final version to the public in January of 2019.
The Board then discussed how best to gather feedback from residents using surveys and Town Halls while doing their best to keep to the short time frame Dr. Young proposed. The Board agreed to hold a work session the same night as their organizational meeting on January 8, 2019.
Dr. Young began his County Administrator's report by saying he sometimes likes to comment on the Board Reports from the Supervisors. He mentioned Bueche's earlier comments about Veteran's Day and wanted to thank him. Young said he would be remiss for not mentioning Bueche's service in the Coast Guard as well as Brabo being a military spouse and mother. Young then said "never forget" before moving into his formal report.
With the Board already agreeing to their first meeting in 2019 being on January 8, Young moved to his second request from the Board. He asked they approve the staff's request for their holiday party to be held on December 12 and the Board approved.
Dr. Young then humbly requested the Board to change funding on the previously approved Capital Budget noting that they approved the County-wide fiber but not the server upgrades. Young said the servers would need to be upgraded before the fiber is installed and asked the Board to approve the change. The Board approved the change.
Dr. Young then mentioned the Making a Difference Award where one County employee, one Service Authority employee, and one citizen are recognized for their contributions. Young asked the Board to submit their candidates to which Brabo asked who gets them. Young said himself or Amanda Sumiel, Director of Human Resources. Binder asked how long the nominations need to be and Brabo said as long as you feel necessary. Young also said the Board could retain the voting right on the winners or create a committee to do so. Bueche asked who the award is from, the County or the Board of Supervisors. Young said both. Brabo said that based on how the Free Lance-Star does their awards, it might be nice to have a separate committee decide for the citizen but that she would like the Board to decide for the County employee winner.
The Board then went into Closed Session at 10:44pm with Dr. Young and Eric Gregory, County Attorney invited to attend. They returned from Closed Session at 11:01pm.
Dr. Young then realized he had forgotten to introduce the new Director of Parks and Recreation, Chris Clarke. He said Clarke has already been here working for nearly a month. Clarke thanked Dr. Young and the Board for their support and he has already found that the people in King George and the volunteers are very dedicated. Young told the Board that Clarke will be a valuable asset to the team and already helped out at the recent Veteran's Day event. Brabo thanked Clarke for his patience tonight. Dr. Young also issued a Press Release regarding Clarke being hired.
The Board then moved and approved working with the Ralph Bunche Arts and Humanities Center.
The meeting adjourned at 11:04pm.
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)
Next Meeting:
The Board of Supervisors will next meet on December 4, 2018 at 6:30 pm at the Revercomb Building.
Previous Meeting:
Read about the previous Board of Supervisors Meeting.
[2018-12-07 - Updated to correct the spelling of Chris Clarke's name.]
[2018-12-07 - Updated to correct the spelling of Chris Clarke's name.]
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