by Neil Richard
The King George County Board of Supervisors opened their meeting at 7:06pm on January 22, 2019.
There were no amendments to the Agenda.
Public Comment was opened by Michele Darnell of The Belle Grove Plantation. She said she has faced issues with signage on the property since 2013 noting that for their bed and breakfast business it is limited to one sign. She said during the winter months it's easy to see but not so for the other three months. Darnell said they have installed banners and other signs as allowed but they had to be removed due to a recent complaint. She felt that there was a double standard where other businesses, especially those outside of King George, are allowed multiple signs, while they are not. She said she had permission from the land owner and the farmer leasing the cropland to place additional signs there. Darnell said she wasn't there to make it harder for others but rather easier for everyone. She noted that their success at Belle Grove is the success of others. Their business employs many local residents and vendors and their signs from the holidays brought in 360 tour guests, which was enough to employ four people for the entire month of December and earn nearly $1,000 in tax revenue for the County. Darnell continued by noting that the way complaints about signs are handled needs to be changed. She said that at this time, anyone can complain about a sign without giving their name. She felt this was an opportunity for people to harass business owners. She asked that the Board change this policy to collect the name of the complainant. Darnell noted that the name doesn't need to be shared with the other parties, but rather kept by the County as a safeguard against potential harassment.
Next to speak was Rob Neal who came to speak against the proposed shooting facility at the former Cameron Hills Golf Course. He thanked Cathy Binder for her service and support. He said he was there not to offend or insult but was passionate about this. He said many years ago there was a Board of Supervisors meeting where there was a vote to allow the property to be used as a golf course. He said this vote had no impact on the neighbors but the same couldn't be said for the proposal of a gun range. He said around Christmas time he was outside decorating and heard a steady stream of gunfire from the golf course property. He said the high powered rifle would fire every thirty seconds or so. Neal said he became agitated and went inside to calm down and think about how to deal with the noise. He said he could still hear the gunfire inside and the idea of hearing that multiplied by multiple guns on multiple ranges was overwhelming. He said he couldn't live the rest of his life there unhappy. Neal continued by saying he had heard a Supervisor say in the past that the decision would be based on facts. He asked whose facts would be used in this decision. He said no one on the Board, County employees, or the Ognek brothers would be living in the area and said that they wouldn't be subjected to the noise like he would be. Neal said that the decision the Board makes would impact him and the rest of the community. He said his neighbor has over 2,000 acres and all of their future choices on how to use their property would be based on how the Board votes.
John Jenkins was first to give a Board report. He thanked everyone for their comments and for attending the meeting. To Mrs. Darnell he said he appreciated her comments and that she raised valid points about the signs, not just for her business but others too. He said he has heard similar complaints but has also heard complaints about too many signs. To Mr. Neal, Jenkins said he appreciated his comments as well and was confident that the Board would make the right decision "for you and the rest of the community." Jenkins concluded by saying he attended the Economic Development work session on January 16 noting that there was a lot of good discussion. He was excited that they're close to being done. Jenkins then appointed Ross Devries to the Planning Commission and Jeff Stonehill to the Citizen Budget Advisory Committee.
Richard Granger began his report by thanking Mrs. Darnell for coming out. He said they had talked about this before and felt it might be a good idea to have Community Development prepare some information for the next meeting to look at the specific points in her complaint as well as determining how the County ordinances compare to other nearby localities.
Ruby Brabo interrupted and said she was going to recommend sending it to the Planning Commission as she noticed a lot of contradictions and sections that needed updates. She also asked the Board to consider how much they were willing to invest in policing signs in the County. Jeff Bueche asked for a consensus from the Board and they agreed to send the matter to the Planning Commission.
Granger continued his report by thanking Mr. Neal and repeating earlier statements that the current zoning ordinances do not specify gun ranges. Granger said he appreciated the concern and getting out early. He continued by adding he also attended the work session on the 16th and that it was good to see citizen feedback.
Granger then commented on the recent alerts from Fredericksburg City about the odor issues in the Ferry Farm area being caused by the King George Landfill. He appreciated Dr. Neiman Young, County Administrator, Fire and Rescue Chief Moody, Jeff Bueche, and others for their work in determining that the claims were inaccurate and unfounded. He said Fredericksburg later rescinded the alert. Granger also noted that Waste Management has moved up their timeline to install gas wells at the landfill to further assist in reducing odor complaints.
Cathy Binder opened her report by thanking everyone for coming out. She thanked Mrs. Darnell for her input on the signs and told Mr. Neal that she was currently reading the gun range proposal and had concerns. Binder said she attended the Dahlgren Heritage Foundation Board of Directors meeting on January 16 and noted they were working to finalize programs to celebrate the 100th anniversary of Dahlgren [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is an employee of the Dahlgren Heritage Museum.]. She also attended the work session on the 16th and appreciated the citizens who came out. On January 17, Binder attended the Smoot Library Board of Trustees meeting where she learned a lot about the paintings that a local artist painted and installed in the Courthouse.
Ruby Brabo started her report by thanking Mrs. Darnell for speaking. She said that the current ordinance allows for an additional, temporary banner to be used for an event for 30 days. She said her understanding from Community Development was that the farm area next to the Bed and Breakfast wasn't included in the allowed area which made no sense to her.
Dr. Young interjected that there are two different parcels with one owner. With the Belle Grove house on one parcel, that was the only parcel that could be used for advertising while the second parcel was for agricultural use. Brabo said she didn't see that stipulation in the ordinances so maybe she didn't understand. Granger added that he read it to mean that it was only the business property that could be used for signs. Brabo said it sounded like there needed to be something to clarify that point going forward.
Brabo then thanked Mr. Neal for coming out and said this was a serious issue. She said a lot of times in the past she was the odd man out on votes because she always thought about how it would impact her if the project in question were in her back yard.
Brabo continued her report saying she participated in a National Association of Counties (NACo) conference call on January 11. She said she also participated in a White House conference call on border security and was surprised to hear the President on the call. She quoted the President as saying the "first duty of government is to protect the nation and its borders." She also added the President said the shutdown would continue as long as necessary. Brabo said she also attended the work session on the 16th and the Planning Commission Open House on January 17. She said it was great for them to do this and said it was probably the first time the County has done this.
Brabo also participated in another NACo conference call on January 22 where the upcoming 2020 census was discussed. It was noted that it was aiming to do the majority of the data collection online, leading to a high potential for under reporting in rural counties where internet isn't present. She said this would create inaccurate data. Also discussed was the current Federal Communication Commission (FCC) process where internet service providers self-report their coverage. She said this data is used by Congress to determine funding for broadband but is also not accurate for many rural areas. Brabo said NACo is working to develop an app that can measure internet speeds to give a better picture of any gaps between what is reported and what actually exists.
Brabo continued her report by noting several proposed bills in the Virginia Senate and House. She noted Senator Hanger's proposed bill, SB 1328, would allow more counties to use Stormwater Local Assistance Funds. She asked for a letter of support to be sent and the Board agreed. Brabo also noted HB 2222 which would allow for a School Board to collect revenue from advertisements on a school bus. She asked if the Board would like to send a letter of support and the general consensus was to do so. Brabo also brought everyone's attention to proposed bills SB 1430 and SB 1431 that would require Conflict of Interest and Freedom of Information Act training for elected officials but would also prohibit a Commonwealth Attorney from concurrently serving as a County Attorney. She ended her report by saying Congressman Wittman was named the Co-Chair of the Rural Broadband Caucus.
Jeff Bueche started his report by thanking Mrs. Darnell for coming out. He said he always enjoys going to Belle Grove and noted that his in-laws like tea there, but not so much himself. Bueche said he has enjoyed several events there in the past and thanked Darnell for bringing the issues to their attention. He felt confident the Planning Commission would do their part. Bueche then thanked Mr. Neal for his comments and said they added a personal touch to the issue instead of just looking at things on paper. He appreciated that and encouraged Neal to have his neighbors come out and speak about the potential impacts to them.
Bueche then thanked the Service Authority Board of Directors for what they did earlier in the evening, offering a way to provide assistance to those impacted by the government shutdown. He said he is affected by the closure as a Coastie, a member of the Coast Guard, but was not a Service Authority customer. Regardless, he said, he appreciated that they are doing something for those are are affected.
Bueche said he also attended the work session on the 16th as well as the Open House on the 17th. He thanked Ryan Gandy, Director of Economic Development, Annie Cupka, Economic Development Coordinator, and Dr. Young for all of their hard work and long hours in producing the Economic Development Plan. He also noted that the Open House was highly attended and was surprised at how much interest there was. On January 20, Bueche joined Dr. Young to visit the Route 205 and Sealston Convenience Centers. He said he's been using the Route 205 Center since 2005 and noted the change since then. Gone was the white sludge leaking from the containers and instead he noticed it was clean and the County employees were polite and busy working. He said he could understand how some residents may not always get the help unloading trash like in the past but noted that the employees do have other duties to attend to. Bueche said he spoke to one employee who recently dealt with an individual that came in without a County sticker, a requirement to use any convenience center. Bueche said the employee approached the individual, told them they wouldn't be allowed to dump trash, and was told "you can't stop me." Bueche said the persons information was collected and reported to the appropriate authorities and cautioned everyone that "manhandling our employees" can't happen here. Bueche closed his comments by thanking Delegate Ransone for her comments on the floor of the House of Delegates.
Bueche then opened the floor for the other Supervisors to make nominations for the Citizen Budget Advisory Committee. Granger nominated Jillian Wittering. Binder nominated Joseph Gaveraux. Brabo nominated Harry Pendleton. Bueche nominated Carrie Cleveland. Binder also nominated Ted Klopsis to the Building Code of Appeals.
The Consent Agenda was approved.
The County Attorney, Eric Gregory, had no report.
Lavita Cobb, Payroll Specialist, and Travis Self, Building Inspector, then gave the Board a presentation on their recent attendance of the NACo Leadership Course. They took turns during the presentation and started by thanking the Board, Dr. Young, Brad Hudson, Director of Community Development, Wilma Ward, Director of Finance, and Amanda Sumiel, Director of Human Resources for allowing them to attend. They said the twelve week class taught people how to better handle situations and manage teams while adapting to change. Brabo asked if they were put into the same group for their exercises and they said no, they were split up. They said the course leaders wanted each group to have a mix of every region as well as different levels of leaders. Cobb and Self continued that the main pillars or concepts for the course were based on General Colin Powell's 13 Rules of Leadership. The first rule that repeatedly applied to their course, they said, was that "it ain't as bad as you think, it'll look better in the morning." They also said the principle of "it can be done" applied many times as well as the idea of perpetual optimism. Cobb and Self said this optimism, or "bringing your own weather," really could impact the people around you in a positive way. Self specifically said that the value he gained from the leadership course was that it taught him to develop leadership tendencies and processes that were more positive, even though he wasn't in a position of leadership. They ended their presentation by again thanking them for sending them to the leadership course and hoped two more people would be able to go to the next one. Brabo said that the Board had already approved two more employees to attend and was excited that Cobb and Self got to attend.
Next on the Agenda was an update to the Personnel Policy to add a section on Sexual Harassment and Workplace Violence. Granger said he had already sent some corrections that were reflected in the printed copy they had before them. Brabo said the policy mentions "staff" but does not mention elected officials and felt that they, meaning the Board, should also be included. The general consensus of the Board was to agree. Bueche also noted a minor spelling correction was needed in one section. The Board approved the new policy with the noted corrections.
A discussion of a Cigarette Tax was next with Eric Gregory, County Attorney, starting things off with an overview of the current status. He said that in the State of Virginia, the taxing authority is divided between counties on one side and cities and towns on the other. He said for counties to tax cigarettes, there needs to be a specific statutory authorization and that King George is not one that is currently authorized to levy such a tax. Gregory said the rationale was that cities and towns would need to use such a tax to pay for various services, such as schools, roads, and emergency services. He said bills have been proposed in the past, including two this year, but have been killed. He noted that two more bills are still alive and that a letter of support has been prepared and ready for submission to show the Supervisors' support for the tax. He did caution the Board that a letter of support was not a guarantee that the bills would pass. Gregory did say that if a bill passed, it would not go into effect until 2020 and would need to be studied before then to ensure they didn't conflict with existing laws.
Brabo said her only suggestion was to include an addendum to the letter to add that the Board supported the tax based on what the Sheriff had to say. Bueche said that was part of why he invited Sheriff Dempsey to come out and speak.
With that, Sheriff Dempsey came forward and gave a brief overview of the involvement of the Sheriff's Department in the cigarette industry. He said historically, they've worked to fight cigarette smuggling and have worked with both Federal and New York authorities in the past to solve major cases. Dempsey said King George is one of two counties in the state that is known as a cigarette capital and that 1,714 cartons are sold per day. He said this amounts to over 600,000 cartons sold per year and that doesn't account for what is sold out the back door. Dempsey also said that while Missouri has the lowest tax rate for cigarettes at 17 cents ($0.17) per pack, Virginia is second with 30 cents ($0.30) per pack. Meanwhile, Maryland charges two dollars ($2.00) per pack, DC is a little more at two and a half dollars ($2.50), and New York is over six dollars ($6.16) per pack. He said Virginia is providing a great deal of cigarettes to the East Coast because of how we're geographically located.
Brabo asked Sheriff Dempsey if he felt this was a burden on his resources, especially with the smuggling. Dempsey said it was. He said the large smuggling ring a few years ago as well as multiple break-ins every year at cigarette stores resulted in investigations.
Granger said he felt they should move forward with the letter. Bueche asked Gregory if he could add what the Sheriff contributed, noting that King George is being exploited and that the new bridge would result in even more traffic and more smuggling. Granger said the letter should also make it clear that this isn't just a money grab but that there was a clear negative impact on things from a law enforcement perspective. Brabo also added that safety is paramount and said the big ring that was investigated a few years ago netted nearly 30 arrests with some having ties to terrorist organizations in the Middle East. She said that did not combine well with the proximity to the Navy's premier research and development station in Dahlgren.
Dr. Young then gave a report on the recent complaints about trailers at the Convenience Centers. He noted that on three recent occasions he was told that the Purkins Corner (Route 205) Convenience Center was near or at capacity and would need to close. As a result, he said he and County staff worked to find creative solutions to keep the Convenience Center open for the hours posted. Young said he met with Jeff Jenkins, Director of Landfill Operations and no relation to Supervisor John Jenkins, and discovered that the Convenience Center reached capacity quickly because it was not being used as originally designed. Young said the Purkins Corner Convenience Center was designed for smaller loads and that bulk and oversize loads should be going to the Sealston Convenience Center next to the landfill. Young said this information was posted at the Convenience Center as well as online and that the original intent of the phrases "bulk waste" and "oversized loads" was to include trailers, box trucks, sofas, and more. He said it was impossible to list everything that was prohibited, be that what the garbage consisted of or how it was transported to the Convenience Center.
Young said he later spoke with the County Engineer who confirmed the original intent of the rules, specifically the prohibition of trailers. As it was explained to Young, the Purkins Corner Convenience Center was designed to handle only minor waste that could be carried in a household garbage can, not a bulk load. It was further explained that bulk loads could be inspected at the Sealston Convenience Center before they were dumped to insure any commercial waste was rerouted to the landfill itself.
Young said he also spoke with Waste Management who provided additional confirmation that during their management of the Purkins Corner Convenience Center, bulk waste was not allowed. Waste Management contracted out the management of the facility in 2013 and the enforcement of the policies became lax.
Young continued by saying the restriction against bulk waste at the Purkins Corner Convenience Center was a standing policy historically and was included on signs at the site itself as well as online. He conceded that there was no policy in the County's Code or ordinances and said that the operation of the Convenience Center is hardly mentioned. Young said the Board is allowed to adopt ordinances and operating procedures for the Convenience Centers. He said this was never done in the past because the County was never directly in charge of the facilities. Because of a lack of existing and clearly defined codes and ordinances, Young said he felt obligated to enforce the existing policies but would defer to the Board's judgement if they felt inclined to have him modify or rescind them. Young also added that it wasn't just a capacity issue at the Purkins Corner Convenience Center, noting that the extra length of the trailer could cause a traffic hazard on Henry Griffin Road or Route 205 (Ridge Road).
Granger said that until such time as the Board codifies a policy, he felt the subject fell under the day-to-day operations and that Dr. Young was well within his purview. He said the Board can look at it when it comes before them as a policy to adopt but until then it fell to Dr. Young to enforce the rules.
Brabo said she concurred and that, as already discussed, there will be extenuating circumstances for some residents and that they can call the Director, Jeff Jenkins, to ask for a one-time exemption. She also said she wanted to make sure the Landfill Advisory Committee was being tasked with creating a Standard Operating Procedure [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is a member of the Landfill Advisory Committee.].
Young said that Jeff Jenkins had already spoken to the Chair of the Landfill Advisory Committee and they expected to have something before the Board by February.
Brabo said she appreciated the clarifications.
Next on the Agenda was a discussion about a good date and time for a joint meeting with the Tourism Advisory Committee and a leadership summit. There was a general consensus among the Board to invite the chair and vice-chair of the various committees to the leadership summit. The Board also agreed to meet with the Tourism Advisory Committee on February 4 at 6:30pm.
Dr. Young then commended Annie Cupka, Economic Development Coordinator, for her hard work on the SmartScale project submissions. Young said the University Drive Double R-Cut project earned the highest score in the Fredericksburg District and the Route 301 and Route 3 Median U-Turn project ranked fourth out of ten. Brabo added that if the University Drive project had any sort of beneficial impact on the Navy base, she recommended asking Captain O'Leary for a letter of support.
The Board then went into Closed Session at 8:26pm and invited Dr. Young and Eric Gregory to attend.
The Board returned from Closed Session at 8:39pm.
Granger then attempted to appoint Gina Panciera to the Building Code of Appeals but Brabo noted that she was an elected official, she serves on the King George County School Board, and thus may not be eligible. Gregory said he would look into it.
The meeting adjourned at 8:40pm.
Meeting Attendees:
John Jenkins (Board of Supervisors)
Jeff Bueche (Chairman, Board of Supervisors)
Richard Granger (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 24, 2019 at 6:30 pm at Company 1 Headquarters.
Previous Meeting:
Read about the previous Board of Supervisors Meeting.
The King George County Board of Supervisors opened their meeting at 7:06pm on January 22, 2019.
There were no amendments to the Agenda.
Public Comment was opened by Michele Darnell of The Belle Grove Plantation. She said she has faced issues with signage on the property since 2013 noting that for their bed and breakfast business it is limited to one sign. She said during the winter months it's easy to see but not so for the other three months. Darnell said they have installed banners and other signs as allowed but they had to be removed due to a recent complaint. She felt that there was a double standard where other businesses, especially those outside of King George, are allowed multiple signs, while they are not. She said she had permission from the land owner and the farmer leasing the cropland to place additional signs there. Darnell said she wasn't there to make it harder for others but rather easier for everyone. She noted that their success at Belle Grove is the success of others. Their business employs many local residents and vendors and their signs from the holidays brought in 360 tour guests, which was enough to employ four people for the entire month of December and earn nearly $1,000 in tax revenue for the County. Darnell continued by noting that the way complaints about signs are handled needs to be changed. She said that at this time, anyone can complain about a sign without giving their name. She felt this was an opportunity for people to harass business owners. She asked that the Board change this policy to collect the name of the complainant. Darnell noted that the name doesn't need to be shared with the other parties, but rather kept by the County as a safeguard against potential harassment.
Next to speak was Rob Neal who came to speak against the proposed shooting facility at the former Cameron Hills Golf Course. He thanked Cathy Binder for her service and support. He said he was there not to offend or insult but was passionate about this. He said many years ago there was a Board of Supervisors meeting where there was a vote to allow the property to be used as a golf course. He said this vote had no impact on the neighbors but the same couldn't be said for the proposal of a gun range. He said around Christmas time he was outside decorating and heard a steady stream of gunfire from the golf course property. He said the high powered rifle would fire every thirty seconds or so. Neal said he became agitated and went inside to calm down and think about how to deal with the noise. He said he could still hear the gunfire inside and the idea of hearing that multiplied by multiple guns on multiple ranges was overwhelming. He said he couldn't live the rest of his life there unhappy. Neal continued by saying he had heard a Supervisor say in the past that the decision would be based on facts. He asked whose facts would be used in this decision. He said no one on the Board, County employees, or the Ognek brothers would be living in the area and said that they wouldn't be subjected to the noise like he would be. Neal said that the decision the Board makes would impact him and the rest of the community. He said his neighbor has over 2,000 acres and all of their future choices on how to use their property would be based on how the Board votes.
John Jenkins was first to give a Board report. He thanked everyone for their comments and for attending the meeting. To Mrs. Darnell he said he appreciated her comments and that she raised valid points about the signs, not just for her business but others too. He said he has heard similar complaints but has also heard complaints about too many signs. To Mr. Neal, Jenkins said he appreciated his comments as well and was confident that the Board would make the right decision "for you and the rest of the community." Jenkins concluded by saying he attended the Economic Development work session on January 16 noting that there was a lot of good discussion. He was excited that they're close to being done. Jenkins then appointed Ross Devries to the Planning Commission and Jeff Stonehill to the Citizen Budget Advisory Committee.
Richard Granger began his report by thanking Mrs. Darnell for coming out. He said they had talked about this before and felt it might be a good idea to have Community Development prepare some information for the next meeting to look at the specific points in her complaint as well as determining how the County ordinances compare to other nearby localities.
Ruby Brabo interrupted and said she was going to recommend sending it to the Planning Commission as she noticed a lot of contradictions and sections that needed updates. She also asked the Board to consider how much they were willing to invest in policing signs in the County. Jeff Bueche asked for a consensus from the Board and they agreed to send the matter to the Planning Commission.
Granger continued his report by thanking Mr. Neal and repeating earlier statements that the current zoning ordinances do not specify gun ranges. Granger said he appreciated the concern and getting out early. He continued by adding he also attended the work session on the 16th and that it was good to see citizen feedback.
Granger then commented on the recent alerts from Fredericksburg City about the odor issues in the Ferry Farm area being caused by the King George Landfill. He appreciated Dr. Neiman Young, County Administrator, Fire and Rescue Chief Moody, Jeff Bueche, and others for their work in determining that the claims were inaccurate and unfounded. He said Fredericksburg later rescinded the alert. Granger also noted that Waste Management has moved up their timeline to install gas wells at the landfill to further assist in reducing odor complaints.
Cathy Binder opened her report by thanking everyone for coming out. She thanked Mrs. Darnell for her input on the signs and told Mr. Neal that she was currently reading the gun range proposal and had concerns. Binder said she attended the Dahlgren Heritage Foundation Board of Directors meeting on January 16 and noted they were working to finalize programs to celebrate the 100th anniversary of Dahlgren [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is an employee of the Dahlgren Heritage Museum.]. She also attended the work session on the 16th and appreciated the citizens who came out. On January 17, Binder attended the Smoot Library Board of Trustees meeting where she learned a lot about the paintings that a local artist painted and installed in the Courthouse.
Ruby Brabo started her report by thanking Mrs. Darnell for speaking. She said that the current ordinance allows for an additional, temporary banner to be used for an event for 30 days. She said her understanding from Community Development was that the farm area next to the Bed and Breakfast wasn't included in the allowed area which made no sense to her.
Dr. Young interjected that there are two different parcels with one owner. With the Belle Grove house on one parcel, that was the only parcel that could be used for advertising while the second parcel was for agricultural use. Brabo said she didn't see that stipulation in the ordinances so maybe she didn't understand. Granger added that he read it to mean that it was only the business property that could be used for signs. Brabo said it sounded like there needed to be something to clarify that point going forward.
Brabo then thanked Mr. Neal for coming out and said this was a serious issue. She said a lot of times in the past she was the odd man out on votes because she always thought about how it would impact her if the project in question were in her back yard.
Brabo continued her report saying she participated in a National Association of Counties (NACo) conference call on January 11. She said she also participated in a White House conference call on border security and was surprised to hear the President on the call. She quoted the President as saying the "first duty of government is to protect the nation and its borders." She also added the President said the shutdown would continue as long as necessary. Brabo said she also attended the work session on the 16th and the Planning Commission Open House on January 17. She said it was great for them to do this and said it was probably the first time the County has done this.
Brabo also participated in another NACo conference call on January 22 where the upcoming 2020 census was discussed. It was noted that it was aiming to do the majority of the data collection online, leading to a high potential for under reporting in rural counties where internet isn't present. She said this would create inaccurate data. Also discussed was the current Federal Communication Commission (FCC) process where internet service providers self-report their coverage. She said this data is used by Congress to determine funding for broadband but is also not accurate for many rural areas. Brabo said NACo is working to develop an app that can measure internet speeds to give a better picture of any gaps between what is reported and what actually exists.
Brabo continued her report by noting several proposed bills in the Virginia Senate and House. She noted Senator Hanger's proposed bill, SB 1328, would allow more counties to use Stormwater Local Assistance Funds. She asked for a letter of support to be sent and the Board agreed. Brabo also noted HB 2222 which would allow for a School Board to collect revenue from advertisements on a school bus. She asked if the Board would like to send a letter of support and the general consensus was to do so. Brabo also brought everyone's attention to proposed bills SB 1430 and SB 1431 that would require Conflict of Interest and Freedom of Information Act training for elected officials but would also prohibit a Commonwealth Attorney from concurrently serving as a County Attorney. She ended her report by saying Congressman Wittman was named the Co-Chair of the Rural Broadband Caucus.
Jeff Bueche started his report by thanking Mrs. Darnell for coming out. He said he always enjoys going to Belle Grove and noted that his in-laws like tea there, but not so much himself. Bueche said he has enjoyed several events there in the past and thanked Darnell for bringing the issues to their attention. He felt confident the Planning Commission would do their part. Bueche then thanked Mr. Neal for his comments and said they added a personal touch to the issue instead of just looking at things on paper. He appreciated that and encouraged Neal to have his neighbors come out and speak about the potential impacts to them.
Bueche then thanked the Service Authority Board of Directors for what they did earlier in the evening, offering a way to provide assistance to those impacted by the government shutdown. He said he is affected by the closure as a Coastie, a member of the Coast Guard, but was not a Service Authority customer. Regardless, he said, he appreciated that they are doing something for those are are affected.
Bueche said he also attended the work session on the 16th as well as the Open House on the 17th. He thanked Ryan Gandy, Director of Economic Development, Annie Cupka, Economic Development Coordinator, and Dr. Young for all of their hard work and long hours in producing the Economic Development Plan. He also noted that the Open House was highly attended and was surprised at how much interest there was. On January 20, Bueche joined Dr. Young to visit the Route 205 and Sealston Convenience Centers. He said he's been using the Route 205 Center since 2005 and noted the change since then. Gone was the white sludge leaking from the containers and instead he noticed it was clean and the County employees were polite and busy working. He said he could understand how some residents may not always get the help unloading trash like in the past but noted that the employees do have other duties to attend to. Bueche said he spoke to one employee who recently dealt with an individual that came in without a County sticker, a requirement to use any convenience center. Bueche said the employee approached the individual, told them they wouldn't be allowed to dump trash, and was told "you can't stop me." Bueche said the persons information was collected and reported to the appropriate authorities and cautioned everyone that "manhandling our employees" can't happen here. Bueche closed his comments by thanking Delegate Ransone for her comments on the floor of the House of Delegates.
Bueche then opened the floor for the other Supervisors to make nominations for the Citizen Budget Advisory Committee. Granger nominated Jillian Wittering. Binder nominated Joseph Gaveraux. Brabo nominated Harry Pendleton. Bueche nominated Carrie Cleveland. Binder also nominated Ted Klopsis to the Building Code of Appeals.
The Consent Agenda was approved.
The County Attorney, Eric Gregory, had no report.
Lavita Cobb, Payroll Specialist, and Travis Self, Building Inspector, then gave the Board a presentation on their recent attendance of the NACo Leadership Course. They took turns during the presentation and started by thanking the Board, Dr. Young, Brad Hudson, Director of Community Development, Wilma Ward, Director of Finance, and Amanda Sumiel, Director of Human Resources for allowing them to attend. They said the twelve week class taught people how to better handle situations and manage teams while adapting to change. Brabo asked if they were put into the same group for their exercises and they said no, they were split up. They said the course leaders wanted each group to have a mix of every region as well as different levels of leaders. Cobb and Self continued that the main pillars or concepts for the course were based on General Colin Powell's 13 Rules of Leadership. The first rule that repeatedly applied to their course, they said, was that "it ain't as bad as you think, it'll look better in the morning." They also said the principle of "it can be done" applied many times as well as the idea of perpetual optimism. Cobb and Self said this optimism, or "bringing your own weather," really could impact the people around you in a positive way. Self specifically said that the value he gained from the leadership course was that it taught him to develop leadership tendencies and processes that were more positive, even though he wasn't in a position of leadership. They ended their presentation by again thanking them for sending them to the leadership course and hoped two more people would be able to go to the next one. Brabo said that the Board had already approved two more employees to attend and was excited that Cobb and Self got to attend.
Next on the Agenda was an update to the Personnel Policy to add a section on Sexual Harassment and Workplace Violence. Granger said he had already sent some corrections that were reflected in the printed copy they had before them. Brabo said the policy mentions "staff" but does not mention elected officials and felt that they, meaning the Board, should also be included. The general consensus of the Board was to agree. Bueche also noted a minor spelling correction was needed in one section. The Board approved the new policy with the noted corrections.
A discussion of a Cigarette Tax was next with Eric Gregory, County Attorney, starting things off with an overview of the current status. He said that in the State of Virginia, the taxing authority is divided between counties on one side and cities and towns on the other. He said for counties to tax cigarettes, there needs to be a specific statutory authorization and that King George is not one that is currently authorized to levy such a tax. Gregory said the rationale was that cities and towns would need to use such a tax to pay for various services, such as schools, roads, and emergency services. He said bills have been proposed in the past, including two this year, but have been killed. He noted that two more bills are still alive and that a letter of support has been prepared and ready for submission to show the Supervisors' support for the tax. He did caution the Board that a letter of support was not a guarantee that the bills would pass. Gregory did say that if a bill passed, it would not go into effect until 2020 and would need to be studied before then to ensure they didn't conflict with existing laws.
Brabo said her only suggestion was to include an addendum to the letter to add that the Board supported the tax based on what the Sheriff had to say. Bueche said that was part of why he invited Sheriff Dempsey to come out and speak.
With that, Sheriff Dempsey came forward and gave a brief overview of the involvement of the Sheriff's Department in the cigarette industry. He said historically, they've worked to fight cigarette smuggling and have worked with both Federal and New York authorities in the past to solve major cases. Dempsey said King George is one of two counties in the state that is known as a cigarette capital and that 1,714 cartons are sold per day. He said this amounts to over 600,000 cartons sold per year and that doesn't account for what is sold out the back door. Dempsey also said that while Missouri has the lowest tax rate for cigarettes at 17 cents ($0.17) per pack, Virginia is second with 30 cents ($0.30) per pack. Meanwhile, Maryland charges two dollars ($2.00) per pack, DC is a little more at two and a half dollars ($2.50), and New York is over six dollars ($6.16) per pack. He said Virginia is providing a great deal of cigarettes to the East Coast because of how we're geographically located.
Brabo asked Sheriff Dempsey if he felt this was a burden on his resources, especially with the smuggling. Dempsey said it was. He said the large smuggling ring a few years ago as well as multiple break-ins every year at cigarette stores resulted in investigations.
Granger said he felt they should move forward with the letter. Bueche asked Gregory if he could add what the Sheriff contributed, noting that King George is being exploited and that the new bridge would result in even more traffic and more smuggling. Granger said the letter should also make it clear that this isn't just a money grab but that there was a clear negative impact on things from a law enforcement perspective. Brabo also added that safety is paramount and said the big ring that was investigated a few years ago netted nearly 30 arrests with some having ties to terrorist organizations in the Middle East. She said that did not combine well with the proximity to the Navy's premier research and development station in Dahlgren.
Dr. Young then gave a report on the recent complaints about trailers at the Convenience Centers. He noted that on three recent occasions he was told that the Purkins Corner (Route 205) Convenience Center was near or at capacity and would need to close. As a result, he said he and County staff worked to find creative solutions to keep the Convenience Center open for the hours posted. Young said he met with Jeff Jenkins, Director of Landfill Operations and no relation to Supervisor John Jenkins, and discovered that the Convenience Center reached capacity quickly because it was not being used as originally designed. Young said the Purkins Corner Convenience Center was designed for smaller loads and that bulk and oversize loads should be going to the Sealston Convenience Center next to the landfill. Young said this information was posted at the Convenience Center as well as online and that the original intent of the phrases "bulk waste" and "oversized loads" was to include trailers, box trucks, sofas, and more. He said it was impossible to list everything that was prohibited, be that what the garbage consisted of or how it was transported to the Convenience Center.
Young said he later spoke with the County Engineer who confirmed the original intent of the rules, specifically the prohibition of trailers. As it was explained to Young, the Purkins Corner Convenience Center was designed to handle only minor waste that could be carried in a household garbage can, not a bulk load. It was further explained that bulk loads could be inspected at the Sealston Convenience Center before they were dumped to insure any commercial waste was rerouted to the landfill itself.
Young said he also spoke with Waste Management who provided additional confirmation that during their management of the Purkins Corner Convenience Center, bulk waste was not allowed. Waste Management contracted out the management of the facility in 2013 and the enforcement of the policies became lax.
Young continued by saying the restriction against bulk waste at the Purkins Corner Convenience Center was a standing policy historically and was included on signs at the site itself as well as online. He conceded that there was no policy in the County's Code or ordinances and said that the operation of the Convenience Center is hardly mentioned. Young said the Board is allowed to adopt ordinances and operating procedures for the Convenience Centers. He said this was never done in the past because the County was never directly in charge of the facilities. Because of a lack of existing and clearly defined codes and ordinances, Young said he felt obligated to enforce the existing policies but would defer to the Board's judgement if they felt inclined to have him modify or rescind them. Young also added that it wasn't just a capacity issue at the Purkins Corner Convenience Center, noting that the extra length of the trailer could cause a traffic hazard on Henry Griffin Road or Route 205 (Ridge Road).
Granger said that until such time as the Board codifies a policy, he felt the subject fell under the day-to-day operations and that Dr. Young was well within his purview. He said the Board can look at it when it comes before them as a policy to adopt but until then it fell to Dr. Young to enforce the rules.
Brabo said she concurred and that, as already discussed, there will be extenuating circumstances for some residents and that they can call the Director, Jeff Jenkins, to ask for a one-time exemption. She also said she wanted to make sure the Landfill Advisory Committee was being tasked with creating a Standard Operating Procedure [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is a member of the Landfill Advisory Committee.].
Young said that Jeff Jenkins had already spoken to the Chair of the Landfill Advisory Committee and they expected to have something before the Board by February.
Brabo said she appreciated the clarifications.
Next on the Agenda was a discussion about a good date and time for a joint meeting with the Tourism Advisory Committee and a leadership summit. There was a general consensus among the Board to invite the chair and vice-chair of the various committees to the leadership summit. The Board also agreed to meet with the Tourism Advisory Committee on February 4 at 6:30pm.
Dr. Young then commended Annie Cupka, Economic Development Coordinator, for her hard work on the SmartScale project submissions. Young said the University Drive Double R-Cut project earned the highest score in the Fredericksburg District and the Route 301 and Route 3 Median U-Turn project ranked fourth out of ten. Brabo added that if the University Drive project had any sort of beneficial impact on the Navy base, she recommended asking Captain O'Leary for a letter of support.
The Board then went into Closed Session at 8:26pm and invited Dr. Young and Eric Gregory to attend.
The Board returned from Closed Session at 8:39pm.
Granger then attempted to appoint Gina Panciera to the Building Code of Appeals but Brabo noted that she was an elected official, she serves on the King George County School Board, and thus may not be eligible. Gregory said he would look into it.
The meeting adjourned at 8:40pm.
Meeting Attendees:
John Jenkins (Board of Supervisors)
Jeff Bueche (Chairman, Board of Supervisors)
Richard Granger (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 24, 2019 at 6:30 pm at Company 1 Headquarters.
Previous Meeting:
Read about the previous Board of Supervisors Meeting.
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