by Neil Richard
All of the Supervisors were present for their final meeting of the year at 6:45pm. At times, it would prove to be another tense and emotional meeting.
There were no amendments to the Agenda.
Richard Granger did comment that due to the full Agenda and quantity of business that needed to occur, he would be holding tight to the three minute rule for Public Comment.
John Marlowe opened up Public Comment by wishing the Board a Merry Christmas and Happy New Year. He said 50 years ago next month, he was in Vietnam wondering if he was going to die. Ever since then, Marlowe said he's had a different view on what is important and what isn't. He said the Board's vote tonight on Potomac Landing was important. He said tonight's vote will impact the lives of hundreds of people and that a vote to subdivide has no benefit to anyone that lives in the Potomac Landing Community. Marlowe added that the Board has the discretion to adopt an ordinance, as the Homeowner's Association (HOA) attorney suggested, to allow the Board to address the issue. He closed by saying the Board's primary job was to serve those they represent.
Richard McDonald followed by thanking the Board for listening to all of the comments and really hopes the Board "heard us, not just listened." He said the Board has been given reasons to disapprove, including water runoff and traffic issues and that the number of homes would be increased 500%. He said when water washes away his house, he would have no recourse. He felt that as steep as the hill was, the runoff couldn't be handled. He said left turns onto Route 218 would be doubled. He closed by saying that just because it was zoned A-2 years ago, it didn't meant the Board needed to approve this change. He asked the Board to use their heads and some reason and not listen to the lawyers.
Bob Colopy was next to speak, thanking the Board again for listening. He said he had learned that King George is one of two counties in the state that can override by-right rules. He said if there is a lawsuit for $750,000, it weighs heavy on the County's finances. But he said if other laws are violated, it may also be a burden. He said Virginia Department of Environmental Quality (DEQ) was not informed or involved at this phase but that they also have a right to change zoning. As he was winding down his comments, Granger asked him to wrap up his comments.
Eric Henry took over the podium and said he has lived in King George for 30 years. He said that if we can assume everyone has paid their property tax bills on time, and that there are about 100 residents in Potomac Landing, that amounts to about $400,000 a year. He said he heard from several sources about a $750,000 lawsuit but felt that if some or all of their concerns are realized, some homeowners may sue the County for allowing it to happen in the first place. He said he has spent $15,000 this year alone to combat drainage issues around his home. He felt these improvements should make things better but if not, he'll be contacting his attorney.
Ed Tuite spoke next, saying he moved here 53 months ago and was damn proud of where he lives. He said he didn't want to rehash what he's already said. Tuite said when he opened the King George County website, there was a high priority of natural, cultural, and rural resources. But now, he felt, the Board was saying that 87 lots instead of 18 lots was better and the Board didn't care. He said he read a quote somewhere about somebody saying that if we have a Comprehensive Plan, we should be using it. Tuite said it was simple, residents are hoping the Board votes against the plan, but if they did approve it, he hoped that the literature the County produced is changed to reflect it.
Alice Austiff was next, saying there has been no mention of the Bald Eagle nests in any of the permits. She said there are at least two nests in the area and that special permits are needed to comply with the laws. She said she hoped the Board took that into account and would hate to have the birds leave and go to Caledon. She said people are always amazed when the see the eagles in the area but for the local residents, they're a regular sight. She closed by saying she hoped the County would be known for protecting the eagles.
Mary Berns was next, stating that she wouldn't rehash what she already sent to the Board in her letter. She said her concerns are even more than what she's already said. Berns cited the need to keep certain distances from streams and that clear cutting wasn't allowed. She said if the plan was accepted as is, there would be a lot of runoff that would destroy homes and impact lives. She closed by saying she hoped the Board would vote no on the matter.
Granger gave one last call for Public Comment before moving on with the meeting.
John Jenkins began his report by saying he appreciated all of the comments but he would save his responses for Potomac Landing for later in the evening. On December 11, Jenkins said he hosted a Town Hall for the Economic Development Strategic Plan. He appreciated the turnout and participation and got a lot of feedback. He said the biggest issue was the concern over a lack of medical care and senior living in the County. Jenkins said it was a priority for him as well. On the 13th, he attended the Board's Special Meeting to pay the bills and then went to the Economic Development Authority (EDA) to discuss the modified version of the proposed small business incentive plan that could waive Service Authority connection fees. He said he didn't want to go into too much detail now as the plan was still in a draft version but did say that the EDA voted to move forward with the idea and that they had a lot of excitement about it.
Jeff Bueche opened his comments by saying Merry Christmas to everyone. He said he also attended the Special Meeting on the 13th to approve the warrants and hosted a Town Hall on the 14th for the Economic Development Strategic Plan. He thanked everyone that braved the rain to attend and thanked Dr. Neiman Young, County Administrator, Ryan Gandy, Director of Economic Development, and Annie Cupka, Grant Writer, for their hard work in getting the plan prepared. Bueche said he also attended a meeting with Fairview Beach residents regarding their concerns over the shoreline restoration project and on the 17th attended the School Board Meeting. He said it was great to see the students be recognized at the School Board meeting but was also impressed with the presentations by Gina Panciera and Kristine Hill regarding the Career and Technical Education (CTE) programs. He said several points touched on the Economic Development Strategic Plan and would like to see workforce development and CTE be included in the draft plan. Bueche also said that at the last meeting of the year, he wanted to recognize his colleagues. He said they may not always agree, but they always try to work together to make well informed decisions. He also said he was happy to see progress finally be made on the debt mitigation plan.
Bueche then addressed the comments made by the public, reading what appeared to be a prepared statement of sorts. He said he appreciated everyone making comments and that he has seen a lot of emotion but felt the need to make the decision based on law and logic. He repeated what he said at his previous Town Hall that his decision needed to be something that was in the best interest of all constituents in his district and the County. Bueche said he met with Dr. Young and Heather Hall, Zoning Administrator, to review the storm water management rules and the County's role in the project. He said he has faith in Hall and the rest of the Community Development department. Bueche said if this were a rezoning issue, he would stand against it. But because this wasn't rezoning and because the plan was by-right and within the zoning rules, he felt he had to vote in favor. He said by voting against it, by denying a by-right use by a property owner, it sets a dangerous precedent as well as promotes an image that King George does not want any new businesses. Bueche said he didn't disagree with the State Constitution that the HOA attorneys quoted, but rather disagreed with how they quoted it. He then quoted different sections of the same State Constitution that supported his stance. He closed by saying that a denial of by-right use would essentially be a government take-over of private property. He reminded everyone that this wasn't a "one and done" and that there are many other tools at the County's disposal to ensure compliance before, during, and after construction.
Ruby Brabo stated she attended several meetings in November and December, including the National Association of Counties (NACo), Belle Grove, and the King George Chamber of Commerce. On December 10th, she hosted a Town Hall for the Economic Development Strategic Plan and attended the County Holiday Luncheon on the 12th. She also participated in a NACo conference call on the 13th where the population thresholds were raised, making King George eligible for more grants for broadband and where the 2020 census was discussed.
Regarding Potomac Landing, Brabo said Fones Cliffs was a good example of a developer not doing what is required. She then questioned how to fix it once it's broken. She said she's dealt with similar issues in the past and once the damage is done, it's hard to correct. She said the Comprehensive Plan shows Fairview Beach as a primary settlement district but Potomac Landing is outside of that area, making it a rural area. She also reminded everyone that for every vote she makes as a Supervisors, she opens herself up to litigation from anyone that disagrees with the vote. Brabo said she learned that DEQ typically doesn't want to review preliminary plans, but rather wants to look at plans during the construction phase. She did say that DEQ can require the number of homes be reduced. She also agreed with Bueche that there would be a lot of scrutiny on the project but once again said Fones Cliffs was a good example.
Cathy Binder opened her report by wishing everyone a Merry Christmas. She attended the Holiday Lunch on the 12th and thanked the employees. She also attended the Special Meeting on the 13th and held a Town Hall for the Economic Development Strategic Plan on the 17th. She said the main concerns were the lack of urgent care, marketing for tourism, and housing for young adults. She said she was unable to attend the previous regular meeting because in early December, she was in Florida for training as a track and field coach. She said it's a passion of hers to teach people to be good coaches and athletes.
Binder then responded to the Potomac Landing comments by saying she had read and reread everything sent to her. She said where she lives there are power lines and she didn't have a choice when they went in. She repeated that she has listened to residents and thought long and hard about her decision.
Richard Granger began by thanking everyone for coming out to speak and having their voice heard. He echoed previous comments by saying he trusted in the Community Development department to handle their business. On December 6, he hosted a Town Hall for the Economic Development Strategic Plan. He reminded everyone to visit the County website if they missed a Town Hall. He also attended the Special Meeting on the 13th. Granger then moved to appoint Keri Gusmann to the Rappahannock Area Alcohol Safety Action Program (RAASAP). The appointment was approved. Granger closed his comments by saying that at a previous meeting both Jenkins and Brabo had stated their intentions for the upcoming election. Granger said that after much thought and prayer, he has decided to run for re-election next year.
The Consent Agenda was approved.
The County Attorney, Eric Gregory, had no report.
Andrew Grossnickle of Robinson Farmer and Cox then presented his report on the County's financial audit. He said the audit didn't produce any glaring issues but there was one material weakness reported in the Treasurer's Office. Brabo interrupted and added that this has been an ongoing issue. Grossnickle continued that there was a minor compliance finding reported as part of the school system's process in determining child nutrition costs related to eligibility testing. These two items were the highlight of his report as the majority of it was full of graphs, charts, and dollar amounts. It was noted that most expenditures were for education, the local share of the school system budget, and public safety. About half of the County's revenue comes from property taxes.
After his presentation, Brabo asked again about the ongoing issue in the Treasurer's Office. She asked if he could provide recommendations on how to rectify the situation. Grossnickle said his office could certainly come out and do one-on-one work if the County decides to do so. Brabo asked Dr. Neiman Young, County Administrator, if they could talk to the Treasurer, Randy Jones, to figure out what he needs going forward.
Young said that the Treasurer is an elected office and that the County does work closely with their office. Young said that he learned about the weakness only a few weeks ago. Grossnickle said there was a delay in the response and that was one of the issue to be addressed. Young said he didn't want to throw anybody under the bus but said that once he was informed of the issue, it was resolved in a few days. He said the Treasure's Office has all the tools to get away from the paper reconciliation process. Young said discussions were had between the Treasurer's Office and the County's Finance Department and for the upcoming year, they'll put the automated process in place and keep the County involved to make sure it works.
Brabo asked if the Treasurer's Office was receptive to that and Young said yes, they were very receptive. He said they had a detailed discussion and Wilma Ward, Director of Finance, even added feedback based on her experiences as well. Brabo closed by saying it would be nice if this issue would not continue.
Kyle Laux of Davenport and Associates then presented the debt mitigation process. He said the idea was to put a policy into place that would create a fund dedicated to paying down the debt. Laux added that any reserve the County may have could then be added to the fund to accelerate debt payments. He said that one previous suggestion was to remove language about the fund being used for other capital projects and that change was made, thus making the debt mitigation fund strictly for paying debt.
Laux said that with the Board's approval tonight, the first phase of payments would begin on the 19th. The first payment of $3 million, about five percent of the total debt, would free up over $5 million over the life of the debt. This was roughly $700,000 per year. Dr. Young interrupted and asked Laux to explain in more detail how the payments worked. Essentially, Laux said, the payment would be for $3.3 million. Those funds would then be reinvested in other funds and the County would earn back about $300,000. Thus, the net result would be the County spending $3 million to pay down the debt. Laux said it was a weird two-step process.
Young summarized that the Board was being asked to take two actions tonight, first to approve the policy, and second to approve the fund transfer. Both were approved. Brabo said it felt like everyone should be popping champagne.
Laux continued with a new presentation regarding the County taking over management of the Convenience Centers. He said the thought was how they would fit into the County and to make sure they didn't act as a drain on the General Fund over time. Laux said the idea was to put together a new policy where the centers stand alone and become self-sufficient. He said any revenue they create would be put into a capital fund used exclusively for improvements to the sites. The new policy was approved.
Brabo added a comment that she has seen the new buildings that were used for the attendants at the Convenience Centers but has yet to see anyone come out of them to check her sticker when she uses it every week. Granger said he has seen people staffing the kiosks at times. Young clarified that every employee at the Convenience Centers are County employees and they are all tasked with making sure that everyone using them is a County resident. He said "everyone that works there has the responsibility to check the stickers." Brabo thanked Young for the clarification.
Next on the Agenda was the most controversial topic, the Potomac Landing Preliminary Plan. Angela Foroughi, a Planner in the Community Development Office, began a brief review of the Potomac Landing preliminary plat, highlights from previous meetings, and ended by noting that all required approvals had been met. Brabo asked if a Home Owner's Association (HOA) would be created for the new section. Foroughi didn't know. Brabo asked if there was anything to prevent them from creating their own HOA. Heather Hall, Zoning Administrator, said an HOA would only be required for any storm water facilities. Brabo asked if there were more than one HOA, would it be possible to split the resources or even deny resources. She asked if the County Attorney, Eric Gregory, could find, with Board approval, a way to ensure there is not more than one HOA managing the property. The rest of the Board concurred to give Gregory the action item.
Bueche said he had met extensively with Hall over the past few months to review the storm water mitigation and asked if there was anything the Board can do over the different phases to ensure that residents aren't impacted. He asked what authority the County had for those situations before, during, and after construction. Hall said this is a preliminary plat, the first step in the process. She said if approved tonight, the next step would be construction, then a final plan. Hall said the construction stage looks at the plan in more detail and requires more approvals, as does the final plan which would also go before the Planning Commission and the Board of Supervisors. She said the storm water management is recorded in the Clerk's Office and must be maintained forever, but noted that those facilities would only service that section.
Hall went on to say that should there be deficiencies on site, they would need to be corrected. If not corrected, a stop work order could be issued until the issues are fixed. And if the issues still aren't fixed, a civil penalty could be imposed that could be up to about $32,000 per offense per day. Hall said if the plan needed to be amended during construction, that can be done with approval. She said any bonds would not be released until everything is completed and approved. Hall also said that Virginia Department of Transportation (VDOT) would not accept the roads into their system until three houses are complete and inspections are done.
Granger asked what the deciding factor was in reducing bonds. Hall said that sometimes after a significant section is completed and stabilized, the bonds may be reduced. She cautioned again that all of the bonds would not be released until completion. Bueche asked if, years from now, houses are built and heavy rains come and the retention pond in the old section is overrun, what actions would be taken? Hall said that regulations now say that the development needs to be brought back to the way it was. Bueche clarified he was asking what if the dam overflowed. Hall said if it can't keep up, then it's not working. And if it's not working, then they would have to fix it. Both Bueche and Brabo asked "who is they?" to which Hall said the existing HOA would be responsible for repairs.
Brabo said to the audience that Hall was employed with the County because of the situation in Chatham Village where bonds were released before infrastructure was complete. Brabo said she has faith in Hall because of her storm water management knowledge and has faith in the Community Development's new Director, Brad Hudson. Brabo said her point is that things sometimes slip through the cracks and it ends up being the homeowners that pay the price.
Bueche asked if the developer could be held to account for an overflow in the older section. Hall said yes, as long as the development is under construction and permits are open. Binder asked Gregory if there is ever a way to hold a developer accountable 20 to 30 years down the line. Gregory said a developer isn't around forever, thus the HOA becomes the responsible party. In short, no, he said, a developer can't be held accountable forever.
Binder asked if the developer would clear cut everything. Hall said it's an assumption at this point. She said during construction planning that would be clarified. She said that removing trees is allowed but storm water management needs to be in place as a result.
With the Supervisors finished with their questions, Granger opened the floor for a motion. After a decidedly long and tense silence, Jenkins made the motion to approve the preliminary plan. It wasn't clear who made the second as a woman from the audience stood and asked about Public Comment. Granger said Public Comment was already held earlier in the evening and that it wasn't possible. The Supervisors voted to approve the Preliminary Plan with Brabo casting the lone dissenting vote.
After a lot of dismayed groans, and a threat from a woman leaving who said something along the lines of "you haven't heard the last of me," the majority of the audience left the Board Room.
The request by Port Conway Solar to extend their preliminary plan for one additional year was approved.
Tim Hatch, Chair of the Landfill Advisory Committee, then approached the podium to inform the Supervisors about new hours at the Convenience Centers. The new hours at the Sealston Convenience Center would be 8am to 6pm. The new hours at the Purkins Corner Convenience Center would be the same except 10am to 2pm on Sunday. He also said the Committee asked that Easter Sunday and Martin Luther King Jr. Day be added as holidays. The Board approved. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is a member of the Landfill Advisory Committee.]
Hatch continued with the Making America Beautiful proposal that required a letter of support from the County, a $3,000 application fee, and $250 annual dues after. Hatch said by being a member of this program, the County would need to hold four clean-up days during the year and supply minor staff time but would be eligible for supplies and grants to assist in litter clean-up. He also said there would be an opportunity for national and regional sponsorships and partnerships. Brabo recommended an outline be sent to Dr. Young for consideration with the upcoming budget cycle.
Hatch's last part of his presentation was potential locations for a Dahlgren Convenience Center. He said the Committee chose three properties in the Dahlgren area with the first choice being on Windsor Drive between Route 206 and Highway 301, the second choice being on Highway 301 near Washington Mill Road, and the third choice being along Mathias Point Road. Granger asked if these lots were for sale to which Hatch said no, the Committee didn't look at anything like that or zoning. Several Supervisors were not in favor of any of the choices and voiced concerns over access, neighbors complaining, and other issues. Hatch said he was aware of that as the Committee had discussed all of those issued and more. He said that the Board should be familiar with how difficult it is to find the perfect property as they themselves have found it difficult to find a location for a new fire station. Granger conceded that was true and that the Committee did provide what they were asked to do.
Ryan Gandy, Director of Economic Development, and Saundra Pearson, Chair of the Tourism Advisory Committee, presented their update on the LOVE signage for the County. They recommended the design for Dahlgren but declined to recommend the design for Route 3. Pearson said that they were looking to add a third sign for the tricentennial in 2020. Brabo asked where the signs would be located and Gandy said whatever pleases the Board. Gandy said the general consensus on the Committee was to place it in front of or near the Courthouse. Brabo said she didn't read the recommended action to not approve the Route 3 design, a porch swing design, because when she saw the swings, she thought about growing up as a kid and sitting on one with her grandmother so she thought that was a cool idea. Gandy clarified that the Committee declined to recommend that one only because it didn't meet the criteria the Board set. The Board voted to approve both designs.
Dr. Neiman Young, County Administrator, then began his series of presentations and requests. His request for additional staff, specifically a Planner, was approved. The Rappahannock Area Health Department requested that some funds be carried over and some be used to make purchases of supplies and services. Brabo said she didn't have an issue with some of the items as they related directly to King George County but wanted to know about the other items. Young said the funds would be spent on the King George office, thus keeping the money in the County. The Board approved the request. Young then asked for appointments to various committees of the Virginia Association of Counties (VACo). Brabo said the Board doesn't vote to appoint them, only a sheet needs to be submitted. There was some question as to the need to have various staff members included on committees when Supervisors were already sitting on those committees. In the end, the Board seemed to reach a consensus to approve the names Young listed.
Next was a discussion about joining the Coalition of High Growth Communities. Brabo said she has attended their summit in the past and that King George was invited because of the fast-paced growth. She said that there was enough commonality with the other members that joining would be a benefit. Gregory added that he was familiar with the group and that he wanted to disclose that his firm was employed by them as a lobbyist. Beyond that, he said that the proffer legislation was the primary piece of legislation being worked on and encouraged the County to join. The Board approved with Binder volunteering to represent the County.
Young then continued with his report that he got a letter from Ann Bueche regarding the Comprehensive Policy and Management Team member appointments. The Board approved the long list of names cited in the Agenda. Young said that according to the new DRHT Memorandum of Agreement (MOA), a non-voting member from the Friends of DRHT needed to be appointed to the Parks and Recreation Advisory Committee. The Board approved Jim Lynch to serve. The DRHT MOA also required that a DRHT Committee be formed with a representative from the County serving. The Board approved Chris Clarke, Director of Parks and Recreation to serve. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is the Treasurer of the Friends of DRHT.]
Dr. Young ended his report by saying that the Federal Government is imposing new rules regarding flying that require a REAL ID. He said the Mobile DMV was recently at the Commissioner of Revenue Office and he was able to provide the necessary documents for the new ID and receive a paper copy of it within six minutes. He recommended all residents take advantage of this offering as the Mobile DMV comes to King George once a month.
The Board then went into Closed Session at 9:05pm and invited Gregory and Young to attend. Gregory left after a few minutes and Young left after ten minutes. They returned from Closed Session at 9:29pm.
Jenkins said the new Convenience Center hours would take affect on February 4, 2019.
Young said the Board also needed to vote to authorize him to work with the Hector-Wiley-Gore contract. The Board approved.
The meeting adjourned at 9:30pm.
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 January 8, 2019 at 6:30 pm at the Revercomb Building.
Previous Meeting:
Read about the previous Board of Supervisors Meeting.
All of the Supervisors were present for their final meeting of the year at 6:45pm. At times, it would prove to be another tense and emotional meeting.
There were no amendments to the Agenda.
Richard Granger did comment that due to the full Agenda and quantity of business that needed to occur, he would be holding tight to the three minute rule for Public Comment.
John Marlowe opened up Public Comment by wishing the Board a Merry Christmas and Happy New Year. He said 50 years ago next month, he was in Vietnam wondering if he was going to die. Ever since then, Marlowe said he's had a different view on what is important and what isn't. He said the Board's vote tonight on Potomac Landing was important. He said tonight's vote will impact the lives of hundreds of people and that a vote to subdivide has no benefit to anyone that lives in the Potomac Landing Community. Marlowe added that the Board has the discretion to adopt an ordinance, as the Homeowner's Association (HOA) attorney suggested, to allow the Board to address the issue. He closed by saying the Board's primary job was to serve those they represent.
Richard McDonald followed by thanking the Board for listening to all of the comments and really hopes the Board "heard us, not just listened." He said the Board has been given reasons to disapprove, including water runoff and traffic issues and that the number of homes would be increased 500%. He said when water washes away his house, he would have no recourse. He felt that as steep as the hill was, the runoff couldn't be handled. He said left turns onto Route 218 would be doubled. He closed by saying that just because it was zoned A-2 years ago, it didn't meant the Board needed to approve this change. He asked the Board to use their heads and some reason and not listen to the lawyers.
Bob Colopy was next to speak, thanking the Board again for listening. He said he had learned that King George is one of two counties in the state that can override by-right rules. He said if there is a lawsuit for $750,000, it weighs heavy on the County's finances. But he said if other laws are violated, it may also be a burden. He said Virginia Department of Environmental Quality (DEQ) was not informed or involved at this phase but that they also have a right to change zoning. As he was winding down his comments, Granger asked him to wrap up his comments.
Eric Henry took over the podium and said he has lived in King George for 30 years. He said that if we can assume everyone has paid their property tax bills on time, and that there are about 100 residents in Potomac Landing, that amounts to about $400,000 a year. He said he heard from several sources about a $750,000 lawsuit but felt that if some or all of their concerns are realized, some homeowners may sue the County for allowing it to happen in the first place. He said he has spent $15,000 this year alone to combat drainage issues around his home. He felt these improvements should make things better but if not, he'll be contacting his attorney.
Ed Tuite spoke next, saying he moved here 53 months ago and was damn proud of where he lives. He said he didn't want to rehash what he's already said. Tuite said when he opened the King George County website, there was a high priority of natural, cultural, and rural resources. But now, he felt, the Board was saying that 87 lots instead of 18 lots was better and the Board didn't care. He said he read a quote somewhere about somebody saying that if we have a Comprehensive Plan, we should be using it. Tuite said it was simple, residents are hoping the Board votes against the plan, but if they did approve it, he hoped that the literature the County produced is changed to reflect it.
Alice Austiff was next, saying there has been no mention of the Bald Eagle nests in any of the permits. She said there are at least two nests in the area and that special permits are needed to comply with the laws. She said she hoped the Board took that into account and would hate to have the birds leave and go to Caledon. She said people are always amazed when the see the eagles in the area but for the local residents, they're a regular sight. She closed by saying she hoped the County would be known for protecting the eagles.
Mary Berns was next, stating that she wouldn't rehash what she already sent to the Board in her letter. She said her concerns are even more than what she's already said. Berns cited the need to keep certain distances from streams and that clear cutting wasn't allowed. She said if the plan was accepted as is, there would be a lot of runoff that would destroy homes and impact lives. She closed by saying she hoped the Board would vote no on the matter.
Granger gave one last call for Public Comment before moving on with the meeting.
John Jenkins began his report by saying he appreciated all of the comments but he would save his responses for Potomac Landing for later in the evening. On December 11, Jenkins said he hosted a Town Hall for the Economic Development Strategic Plan. He appreciated the turnout and participation and got a lot of feedback. He said the biggest issue was the concern over a lack of medical care and senior living in the County. Jenkins said it was a priority for him as well. On the 13th, he attended the Board's Special Meeting to pay the bills and then went to the Economic Development Authority (EDA) to discuss the modified version of the proposed small business incentive plan that could waive Service Authority connection fees. He said he didn't want to go into too much detail now as the plan was still in a draft version but did say that the EDA voted to move forward with the idea and that they had a lot of excitement about it.
Jeff Bueche opened his comments by saying Merry Christmas to everyone. He said he also attended the Special Meeting on the 13th to approve the warrants and hosted a Town Hall on the 14th for the Economic Development Strategic Plan. He thanked everyone that braved the rain to attend and thanked Dr. Neiman Young, County Administrator, Ryan Gandy, Director of Economic Development, and Annie Cupka, Grant Writer, for their hard work in getting the plan prepared. Bueche said he also attended a meeting with Fairview Beach residents regarding their concerns over the shoreline restoration project and on the 17th attended the School Board Meeting. He said it was great to see the students be recognized at the School Board meeting but was also impressed with the presentations by Gina Panciera and Kristine Hill regarding the Career and Technical Education (CTE) programs. He said several points touched on the Economic Development Strategic Plan and would like to see workforce development and CTE be included in the draft plan. Bueche also said that at the last meeting of the year, he wanted to recognize his colleagues. He said they may not always agree, but they always try to work together to make well informed decisions. He also said he was happy to see progress finally be made on the debt mitigation plan.
Bueche then addressed the comments made by the public, reading what appeared to be a prepared statement of sorts. He said he appreciated everyone making comments and that he has seen a lot of emotion but felt the need to make the decision based on law and logic. He repeated what he said at his previous Town Hall that his decision needed to be something that was in the best interest of all constituents in his district and the County. Bueche said he met with Dr. Young and Heather Hall, Zoning Administrator, to review the storm water management rules and the County's role in the project. He said he has faith in Hall and the rest of the Community Development department. Bueche said if this were a rezoning issue, he would stand against it. But because this wasn't rezoning and because the plan was by-right and within the zoning rules, he felt he had to vote in favor. He said by voting against it, by denying a by-right use by a property owner, it sets a dangerous precedent as well as promotes an image that King George does not want any new businesses. Bueche said he didn't disagree with the State Constitution that the HOA attorneys quoted, but rather disagreed with how they quoted it. He then quoted different sections of the same State Constitution that supported his stance. He closed by saying that a denial of by-right use would essentially be a government take-over of private property. He reminded everyone that this wasn't a "one and done" and that there are many other tools at the County's disposal to ensure compliance before, during, and after construction.
Ruby Brabo stated she attended several meetings in November and December, including the National Association of Counties (NACo), Belle Grove, and the King George Chamber of Commerce. On December 10th, she hosted a Town Hall for the Economic Development Strategic Plan and attended the County Holiday Luncheon on the 12th. She also participated in a NACo conference call on the 13th where the population thresholds were raised, making King George eligible for more grants for broadband and where the 2020 census was discussed.
Regarding Potomac Landing, Brabo said Fones Cliffs was a good example of a developer not doing what is required. She then questioned how to fix it once it's broken. She said she's dealt with similar issues in the past and once the damage is done, it's hard to correct. She said the Comprehensive Plan shows Fairview Beach as a primary settlement district but Potomac Landing is outside of that area, making it a rural area. She also reminded everyone that for every vote she makes as a Supervisors, she opens herself up to litigation from anyone that disagrees with the vote. Brabo said she learned that DEQ typically doesn't want to review preliminary plans, but rather wants to look at plans during the construction phase. She did say that DEQ can require the number of homes be reduced. She also agreed with Bueche that there would be a lot of scrutiny on the project but once again said Fones Cliffs was a good example.
Cathy Binder opened her report by wishing everyone a Merry Christmas. She attended the Holiday Lunch on the 12th and thanked the employees. She also attended the Special Meeting on the 13th and held a Town Hall for the Economic Development Strategic Plan on the 17th. She said the main concerns were the lack of urgent care, marketing for tourism, and housing for young adults. She said she was unable to attend the previous regular meeting because in early December, she was in Florida for training as a track and field coach. She said it's a passion of hers to teach people to be good coaches and athletes.
Binder then responded to the Potomac Landing comments by saying she had read and reread everything sent to her. She said where she lives there are power lines and she didn't have a choice when they went in. She repeated that she has listened to residents and thought long and hard about her decision.
Richard Granger began by thanking everyone for coming out to speak and having their voice heard. He echoed previous comments by saying he trusted in the Community Development department to handle their business. On December 6, he hosted a Town Hall for the Economic Development Strategic Plan. He reminded everyone to visit the County website if they missed a Town Hall. He also attended the Special Meeting on the 13th. Granger then moved to appoint Keri Gusmann to the Rappahannock Area Alcohol Safety Action Program (RAASAP). The appointment was approved. Granger closed his comments by saying that at a previous meeting both Jenkins and Brabo had stated their intentions for the upcoming election. Granger said that after much thought and prayer, he has decided to run for re-election next year.
The Consent Agenda was approved.
The County Attorney, Eric Gregory, had no report.
Andrew Grossnickle of Robinson Farmer and Cox then presented his report on the County's financial audit. He said the audit didn't produce any glaring issues but there was one material weakness reported in the Treasurer's Office. Brabo interrupted and added that this has been an ongoing issue. Grossnickle continued that there was a minor compliance finding reported as part of the school system's process in determining child nutrition costs related to eligibility testing. These two items were the highlight of his report as the majority of it was full of graphs, charts, and dollar amounts. It was noted that most expenditures were for education, the local share of the school system budget, and public safety. About half of the County's revenue comes from property taxes.
After his presentation, Brabo asked again about the ongoing issue in the Treasurer's Office. She asked if he could provide recommendations on how to rectify the situation. Grossnickle said his office could certainly come out and do one-on-one work if the County decides to do so. Brabo asked Dr. Neiman Young, County Administrator, if they could talk to the Treasurer, Randy Jones, to figure out what he needs going forward.
Young said that the Treasurer is an elected office and that the County does work closely with their office. Young said that he learned about the weakness only a few weeks ago. Grossnickle said there was a delay in the response and that was one of the issue to be addressed. Young said he didn't want to throw anybody under the bus but said that once he was informed of the issue, it was resolved in a few days. He said the Treasure's Office has all the tools to get away from the paper reconciliation process. Young said discussions were had between the Treasurer's Office and the County's Finance Department and for the upcoming year, they'll put the automated process in place and keep the County involved to make sure it works.
Brabo asked if the Treasurer's Office was receptive to that and Young said yes, they were very receptive. He said they had a detailed discussion and Wilma Ward, Director of Finance, even added feedback based on her experiences as well. Brabo closed by saying it would be nice if this issue would not continue.
Kyle Laux of Davenport and Associates then presented the debt mitigation process. He said the idea was to put a policy into place that would create a fund dedicated to paying down the debt. Laux added that any reserve the County may have could then be added to the fund to accelerate debt payments. He said that one previous suggestion was to remove language about the fund being used for other capital projects and that change was made, thus making the debt mitigation fund strictly for paying debt.
Laux said that with the Board's approval tonight, the first phase of payments would begin on the 19th. The first payment of $3 million, about five percent of the total debt, would free up over $5 million over the life of the debt. This was roughly $700,000 per year. Dr. Young interrupted and asked Laux to explain in more detail how the payments worked. Essentially, Laux said, the payment would be for $3.3 million. Those funds would then be reinvested in other funds and the County would earn back about $300,000. Thus, the net result would be the County spending $3 million to pay down the debt. Laux said it was a weird two-step process.
Young summarized that the Board was being asked to take two actions tonight, first to approve the policy, and second to approve the fund transfer. Both were approved. Brabo said it felt like everyone should be popping champagne.
Laux continued with a new presentation regarding the County taking over management of the Convenience Centers. He said the thought was how they would fit into the County and to make sure they didn't act as a drain on the General Fund over time. Laux said the idea was to put together a new policy where the centers stand alone and become self-sufficient. He said any revenue they create would be put into a capital fund used exclusively for improvements to the sites. The new policy was approved.
Brabo added a comment that she has seen the new buildings that were used for the attendants at the Convenience Centers but has yet to see anyone come out of them to check her sticker when she uses it every week. Granger said he has seen people staffing the kiosks at times. Young clarified that every employee at the Convenience Centers are County employees and they are all tasked with making sure that everyone using them is a County resident. He said "everyone that works there has the responsibility to check the stickers." Brabo thanked Young for the clarification.
Next on the Agenda was the most controversial topic, the Potomac Landing Preliminary Plan. Angela Foroughi, a Planner in the Community Development Office, began a brief review of the Potomac Landing preliminary plat, highlights from previous meetings, and ended by noting that all required approvals had been met. Brabo asked if a Home Owner's Association (HOA) would be created for the new section. Foroughi didn't know. Brabo asked if there was anything to prevent them from creating their own HOA. Heather Hall, Zoning Administrator, said an HOA would only be required for any storm water facilities. Brabo asked if there were more than one HOA, would it be possible to split the resources or even deny resources. She asked if the County Attorney, Eric Gregory, could find, with Board approval, a way to ensure there is not more than one HOA managing the property. The rest of the Board concurred to give Gregory the action item.
Bueche said he had met extensively with Hall over the past few months to review the storm water mitigation and asked if there was anything the Board can do over the different phases to ensure that residents aren't impacted. He asked what authority the County had for those situations before, during, and after construction. Hall said this is a preliminary plat, the first step in the process. She said if approved tonight, the next step would be construction, then a final plan. Hall said the construction stage looks at the plan in more detail and requires more approvals, as does the final plan which would also go before the Planning Commission and the Board of Supervisors. She said the storm water management is recorded in the Clerk's Office and must be maintained forever, but noted that those facilities would only service that section.
Hall went on to say that should there be deficiencies on site, they would need to be corrected. If not corrected, a stop work order could be issued until the issues are fixed. And if the issues still aren't fixed, a civil penalty could be imposed that could be up to about $32,000 per offense per day. Hall said if the plan needed to be amended during construction, that can be done with approval. She said any bonds would not be released until everything is completed and approved. Hall also said that Virginia Department of Transportation (VDOT) would not accept the roads into their system until three houses are complete and inspections are done.
Granger asked what the deciding factor was in reducing bonds. Hall said that sometimes after a significant section is completed and stabilized, the bonds may be reduced. She cautioned again that all of the bonds would not be released until completion. Bueche asked if, years from now, houses are built and heavy rains come and the retention pond in the old section is overrun, what actions would be taken? Hall said that regulations now say that the development needs to be brought back to the way it was. Bueche clarified he was asking what if the dam overflowed. Hall said if it can't keep up, then it's not working. And if it's not working, then they would have to fix it. Both Bueche and Brabo asked "who is they?" to which Hall said the existing HOA would be responsible for repairs.
Brabo said to the audience that Hall was employed with the County because of the situation in Chatham Village where bonds were released before infrastructure was complete. Brabo said she has faith in Hall because of her storm water management knowledge and has faith in the Community Development's new Director, Brad Hudson. Brabo said her point is that things sometimes slip through the cracks and it ends up being the homeowners that pay the price.
Bueche asked if the developer could be held to account for an overflow in the older section. Hall said yes, as long as the development is under construction and permits are open. Binder asked Gregory if there is ever a way to hold a developer accountable 20 to 30 years down the line. Gregory said a developer isn't around forever, thus the HOA becomes the responsible party. In short, no, he said, a developer can't be held accountable forever.
Binder asked if the developer would clear cut everything. Hall said it's an assumption at this point. She said during construction planning that would be clarified. She said that removing trees is allowed but storm water management needs to be in place as a result.
With the Supervisors finished with their questions, Granger opened the floor for a motion. After a decidedly long and tense silence, Jenkins made the motion to approve the preliminary plan. It wasn't clear who made the second as a woman from the audience stood and asked about Public Comment. Granger said Public Comment was already held earlier in the evening and that it wasn't possible. The Supervisors voted to approve the Preliminary Plan with Brabo casting the lone dissenting vote.
After a lot of dismayed groans, and a threat from a woman leaving who said something along the lines of "you haven't heard the last of me," the majority of the audience left the Board Room.
The request by Port Conway Solar to extend their preliminary plan for one additional year was approved.
Tim Hatch, Chair of the Landfill Advisory Committee, then approached the podium to inform the Supervisors about new hours at the Convenience Centers. The new hours at the Sealston Convenience Center would be 8am to 6pm. The new hours at the Purkins Corner Convenience Center would be the same except 10am to 2pm on Sunday. He also said the Committee asked that Easter Sunday and Martin Luther King Jr. Day be added as holidays. The Board approved. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is a member of the Landfill Advisory Committee.]
Hatch continued with the Making America Beautiful proposal that required a letter of support from the County, a $3,000 application fee, and $250 annual dues after. Hatch said by being a member of this program, the County would need to hold four clean-up days during the year and supply minor staff time but would be eligible for supplies and grants to assist in litter clean-up. He also said there would be an opportunity for national and regional sponsorships and partnerships. Brabo recommended an outline be sent to Dr. Young for consideration with the upcoming budget cycle.
Hatch's last part of his presentation was potential locations for a Dahlgren Convenience Center. He said the Committee chose three properties in the Dahlgren area with the first choice being on Windsor Drive between Route 206 and Highway 301, the second choice being on Highway 301 near Washington Mill Road, and the third choice being along Mathias Point Road. Granger asked if these lots were for sale to which Hatch said no, the Committee didn't look at anything like that or zoning. Several Supervisors were not in favor of any of the choices and voiced concerns over access, neighbors complaining, and other issues. Hatch said he was aware of that as the Committee had discussed all of those issued and more. He said that the Board should be familiar with how difficult it is to find the perfect property as they themselves have found it difficult to find a location for a new fire station. Granger conceded that was true and that the Committee did provide what they were asked to do.
Ryan Gandy, Director of Economic Development, and Saundra Pearson, Chair of the Tourism Advisory Committee, presented their update on the LOVE signage for the County. They recommended the design for Dahlgren but declined to recommend the design for Route 3. Pearson said that they were looking to add a third sign for the tricentennial in 2020. Brabo asked where the signs would be located and Gandy said whatever pleases the Board. Gandy said the general consensus on the Committee was to place it in front of or near the Courthouse. Brabo said she didn't read the recommended action to not approve the Route 3 design, a porch swing design, because when she saw the swings, she thought about growing up as a kid and sitting on one with her grandmother so she thought that was a cool idea. Gandy clarified that the Committee declined to recommend that one only because it didn't meet the criteria the Board set. The Board voted to approve both designs.
Dr. Neiman Young, County Administrator, then began his series of presentations and requests. His request for additional staff, specifically a Planner, was approved. The Rappahannock Area Health Department requested that some funds be carried over and some be used to make purchases of supplies and services. Brabo said she didn't have an issue with some of the items as they related directly to King George County but wanted to know about the other items. Young said the funds would be spent on the King George office, thus keeping the money in the County. The Board approved the request. Young then asked for appointments to various committees of the Virginia Association of Counties (VACo). Brabo said the Board doesn't vote to appoint them, only a sheet needs to be submitted. There was some question as to the need to have various staff members included on committees when Supervisors were already sitting on those committees. In the end, the Board seemed to reach a consensus to approve the names Young listed.
Next was a discussion about joining the Coalition of High Growth Communities. Brabo said she has attended their summit in the past and that King George was invited because of the fast-paced growth. She said that there was enough commonality with the other members that joining would be a benefit. Gregory added that he was familiar with the group and that he wanted to disclose that his firm was employed by them as a lobbyist. Beyond that, he said that the proffer legislation was the primary piece of legislation being worked on and encouraged the County to join. The Board approved with Binder volunteering to represent the County.
Young then continued with his report that he got a letter from Ann Bueche regarding the Comprehensive Policy and Management Team member appointments. The Board approved the long list of names cited in the Agenda. Young said that according to the new DRHT Memorandum of Agreement (MOA), a non-voting member from the Friends of DRHT needed to be appointed to the Parks and Recreation Advisory Committee. The Board approved Jim Lynch to serve. The DRHT MOA also required that a DRHT Committee be formed with a representative from the County serving. The Board approved Chris Clarke, Director of Parks and Recreation to serve. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is the Treasurer of the Friends of DRHT.]
Dr. Young ended his report by saying that the Federal Government is imposing new rules regarding flying that require a REAL ID. He said the Mobile DMV was recently at the Commissioner of Revenue Office and he was able to provide the necessary documents for the new ID and receive a paper copy of it within six minutes. He recommended all residents take advantage of this offering as the Mobile DMV comes to King George once a month.
The Board then went into Closed Session at 9:05pm and invited Gregory and Young to attend. Gregory left after a few minutes and Young left after ten minutes. They returned from Closed Session at 9:29pm.
Jenkins said the new Convenience Center hours would take affect on February 4, 2019.
Young said the Board also needed to vote to authorize him to work with the Hector-Wiley-Gore contract. The Board approved.
The meeting adjourned at 9:30pm.
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 January 8, 2019 at 6:30 pm at the Revercomb Building.
Previous Meeting:
Read about the previous Board of Supervisors Meeting.
