Local Leader Interviews

Click here for a list of all the interviews with #localleaders.

Tuesday, February 12, 2019

2019-02-05 - Board of Supervisors Meeting Notes

by Neil Richard

The Board of Supervisors began their first meeting of February at 7:24pm.

There was an amendment to the Agenda to add a presentation by Ryan Gandy regarding the King George Stakeholder Report on the partnership with the Fredericksburg Regional Alliance (FRA).

The Public Comment portion of the meeting began with Jerry Courtney. He said he lived about a mile as the crow flies from the former Cameron Hills Golf Course property, was a Navy veteran, and currently worked in the acoustics field. He wanted to give a demonstration, without teaching a class, about how sound can intensify. Giving the example of the King George High School Royal Regiment Marching Band at a football game, he asked everyone to imagine a student performing a solo. He then asked everyone to imagine the entire band performing. He said this simple example explains how sound can amplify and intensify. He then compared this to a single lane on a gun range being used versus multiple lanes being used at once. Courtney said there are formulas and calculators available online that can give further examples on how this process works. He said he reviewed the application from the Ognek brothers and could see where investors had tried to mitigate the concerns. He continued by saying there are multiple studies available that show gun ranges have a negative impact on home values and that he feels bad for those that live closer to the potential gun range. He closed by asking the Supervisors to please take into account the surrounding residents and vote against the proposal.

Next to speak was Dave Dooley who also wanted to voice his concerns over the proposed gun range. He said the Board has heard from several people on Salem Church Road and that may have minimized how broad the impact would be. He said he was a little closer to the golf course than the previous speaker. Dooley said during the winter, he can hear duck hunting on the Rappahannock River, nearly two miles away, from inside his house. He wanted people to understand that this wasn't just a Salem Church Road issue, that it was a broader issue. He said he's been in the County for 25 years and in the Rollins Fork area for more than ten. He said he wasn't anti-gun or even anti-development. Dooley said hunting and target shooting were part of country living and it wasn't a problem when it happened as a part of the natural life of the area. He said most people that hunt and target practice are respectful to their neighbors. He didn't want to say the business was going to be disrespectful but did feel it would have a negative impact on the area. Dooley closed by thanking the Supervisors for their efforts for the County and asked that they keep the Rollins Fork area in mind.

John McCullough was next to speak against the gun range. He kept his comments short by saying nobody could be more pro-gun than him but he couldn't imagine living there and hearing nothing but gunfire all weekend long.

Rob Neal was next to speak, again repeating his stance against the potential gun range. He cited a recent Free Lance-Star article where Richard Granger was quoted as saying the Comprehensive Plan would need to be revised to make gun ranges acceptable and a special exception permit would need to be obtained. Neal said the article also quoted the Ogneks as saying their application will demonstrate change isn't needed. He then directed his thanks to Ruby Brabo for her comments in the article about not wanting something like this in her backyard. Neal said he wanted to thank her for "publicly stating what you feel." Neal then moved off the topic of the gun range and said he recently noticed the plantings in the median of Kings Highway (Route 3). He said he was recently invited to attend an economic seminar and one of the things that came up in the discussion was how to help the County economically. Neal said he appreciated them for making the County more beautiful. Neal closed out his comments by telling Jeff Bueche the guys at the Convenience Center were awesome.

John Jenkins was absent.

Richard Granger began his report by thanking everyone for coming out to speak. He thanked Mr. Courtney for his real world example of how sound intensifies. Regarding the potential gun range, Granger said he needed to make a correction. He said the County Ordinances would need to be changes to allow gun ranges and then a Special Exception Permit would need to be obtained. Granger continued his report saying he attended the Tech Transfer meeting and budget work session on January 24, another budget work session on the 31st, and the military outbrief on February 1st. He also attended the joint meeting with the Tourism Advisory Committee (TAC) on the 4th. He then thanked Chris Clarke for recommending someone to fill a vacancy on the Parks and Recreation Advisory Committee. With that, he nominated Allen R. Parker to serve on the Committee.

[EDITOR'S NOTE: After the meeting, we obtained further information and clarification about the proposal and approval process for the potential development of the former Cameron Hills Golf Course. First, the application filed with the Department of Community Development is under the name of Freedom Hunt Outdoor Club. The owner of record is 170, LLC which shares an address with Michael Ognek. So although the development project has been identified under various names the Freedom Hunt Outdoor Club is the official name at this time. Second, the application filed was for a campground, not a gun range. Under Proposed Use, the application does list various activities such as "...camping, hiking, wildlife viewing and photography, archery and shooting." But the specific part of the application regarding the Special Exception Permit is for a "campground." Third, the application asks for variances to the Zoning Code. These variances are mostly related to the tent camping that is being proposed. The application asks for the elimination of laundry facilities and portable toilet requirements as well as improved roads. Finally, to further clarify the approval process, the Freedom Hunt Outdoor Club would need to obtain approval for their Special Exception Permit as a campground. This would require a Public Hearing before the Board of Supervisors.]

Cathy Binder began her report by thanking everyone for speaking. She said she read the newspaper article and spoke with Heather Hall, Zoning Administrator and Senior Planner, and confirmed that Granger's earlier correction was right. Binder met with Jonathan Weakley, Service Authority General Manager, on the 25th, attended the Mock Town Hall on the 29th, and attended the Virginia Association of Counties (VACo) Chairperson's Institute where there was positive discussions about King George's use of a Citizen Budget Advisory Committee. On the 24th and 31st she attended budget work sessions and the joint meeting with the TAC on the 4th.

Ruby Brabo's report began with her attending the budget work session on the 24th, a National Association of Counties (NACo) Military and Veterans Affairs Committee meeting on the 28th, and the Mock Town Hall on the 29th. On the 30th she attended a Rural Action Caucus reception and a VACo Board of Directors meeting on the 31st and the budget work session that same evening. On February 1st she attended the military out-brief and on the 4th she attended the joint meeting with the TAC. On the 5th she participated in a conference call with the Governor's Chief Broadband Advisor to discuss plans for broadband in the state.

Brabo thanked everyone for speaking during Public Comment and thanked Mr. Neal for his positive comments on the plantings. She said she has received calls, emails, and comments in person, all praising the plantings. She said the TAC came before the Board and they approved of the idea.

Regarding the proposed gun range, Brabo asked Dr. Neiman Young, County Administrator, if County staff has correctly interpreted the ordinances. Dr. Young responded that the parcels are zoned A1 or A2 and that looking under the ordinances, several uses are allowed by-right and several are listed as requiring a special exception. He said where the ordinance is silent or doesn't specifically mention a use, such as a gun range, that use is not allowed. For it to be allowed, it would need to be added to the zoning ordinance and then allowed by a Special Exception Permit. Eric Gregory, County Attorney, added that the Comprehensive Plan is a part of the zoning scheme for the County but is not a governing document. He said it is a guideline and not binding. In other words, Gregory said, the zoning ordinances are the important ones. Brabo then stated for further clarity on the process that if the zoning ordinances were amended, they would require a public hearing to add gun range as a use and it would apply to the entire County.

Brabo then asked if the Board would give consensus to send a letter of support for broadband in the state instead of using the state's excess budget amounts for state employee bonuses. After some discussion as to how broad or specific to word the letter, a consensus was reached to send a letter that broadly asks for more financial support for broadband.

Brabo asked Dr. Young for an update on the installation of a blinking warning light on Dahlgren Road near the new stoplight at the Caledon Road intersection. Young said he would look into it and update the Board but from the audience somebody said they took a picture of it today and it was installed.

Jeff Bueche thanked everyone for commenting and said unfortunately people too often wait too far along in the process to speak up. He commended everyone for doing that. He continued by stating he attended the budget work sessions on the 24th and 31st as well as the joint meeting with the TAC on the 4th. He thanked the citizens that served on the Citizen Budget Advisory Committee for the County and felt Dr. Young gave a very informative State of the County presentation. On the 25th, Bueche attended the Fire, Rescue, and Emergency Services Awards Banquet. He congratulated the award winners and thanked both the career staff and volunteers that help protect residents every day. On the 31st he attended the County Government Day in the Virginia General Assembly and enjoyed exposing his son to the inner workings of government. Bueche also attended the VACo Chairperson's Institute on the 1st and 2nd. He closed by giving a few thoughts on the budget process including that "every line item has an impact to someone, some department, etc."

The Consent Agenda was approved.

The County Attorney, Eric Gregory, reported on two items. First was a request for a Deed of Easement from Scarlett Cooper for a storm water management facility. Gregory apologized for the late nature of the request but there were delays in the real estate transactions. He said the facility would be the responsibility of the property owner and that if they failed to maintain it, the County could repair it as needed and place a lien on the property to recoup the expenses. The Board approved the easement.

The second half of Gregory's report included various bills that were in the State's House or Senate that impacted localities. He listed several that passed one house, some that died, and some that were delayed. Of those he discussed, he said the ability for localities to tax cigarette sales failed and the legislation improving proffers passed. Brabo asked about the bill to transfer development rights, HB2139. Gregory said it passed the House and was sent to the Senate. He said if it passed there, it would be something the County would need to look at. Brabo asked if it passed would it be mandated. Gregory said no, an ordinance would need to be created to clarify the process. Brabo warned the rest of the Board that this is a potential source of Stafford's explosive growth and that it should be considered carefully if it passes. Gregory agreed that it may not be right for King George.

The Public Hearing regarding the amendment to the Subdivision Ordinances was next. Heather Hall gave a summary presentation of the history, the changes, and the recommendation from the Community Development Department. Nobody made a public comment and the Board approved.

Next was a presentation from Jeff Stonehill, partial owner of Machodoc Creek Marina, on his request to make the area near the Marina a No Wake Zone. He said they have found that because of the Marina's location in the Machodoc Creek, boats speed through the area and cause damage to his customers' boats docked at his location. Stonehill also said it makes fueling boats dangerous. Additionally, he said there is a blind corner coming through the area and he's afraid an accident may occur with boats leaving his boat ramp. He said the State defined No Wake as "slowest possible speed required to maintain steerage and headway" and said buoys would be placed about 50 feet form the dock. He also said that boats cannot stop like cars. Stonehill said he has consulted with various authorities, including the Virginia Department of Game and Inland Fisheries (DGIF) and said that because King George does not have an existing No Wake Zone, a county ordinance would need to be created. He said that for a No Wake Zone to be created, the applicant, in this case himself, would be required to bear all the costs of installing the buoys and maintaining them. He said the Virginia State Marine Police, DGIF, and even the King George County Sheriff's Office could enforce the No Wake Zone rules.

Granger asked if the steerage and headway was different for different sized boats and how law enforcement could enforce that. Stonehill said there are various factors including tides, wind, and the size or displacement of the boat that would determine the safest speed. He said it would be up to the officer to determine what was safe and what was not.

Binder asked how many buoys needed to be installed. Stonehill said he planned on four but it was ultimately up to DGIF to determine how many are required. He added that many residents further up the creek expressed an interest in expanding the No Wake Zone to include all of the creek. Binder then asked how much it would be policed and how would speeder be ticketed. Stonehill said they have asked for an increased police presence but it has been limited due to a small DGIF staff. He did say that anyone that witnesses a boat speeding in a No Wake Zone could testify to it and the offending boat captain would receive a ticket just like a speeding ticket for car drivers.

Gregory said he had to hand it to Stonehill for doing the research and looking at everything involved. His suggestion was for Stonehill to apply to the Board of Supervisors and submit an application for the new ordinance as well as send an application to DGIF. He said while the application with the state was being reviewed, the County could work on the new ordinance. Gregory said once DGIF approves the application, the County could give Public Notice, hold a Public Hearing, and adopt the new ordinance. He said the Planning Commission wouldn't need to be involved but the state was in charge of the waterways. Brabo told Stonehill he may want to think about including other entities in the No Wake Zone proposal. Gregory reminded her that whoever applies is fiscally responsible for the buoys and he may not want to do that for the entire creek. There was then some confusion over the potential name of the ordinance as Gregory referred to it at the Machodoc Creek No Wake Zone but Brabo said it was called Williams Creek. Which name is correct depends on which documents and maps are reviewed. Generally speaking, Williams Creek begins north of Owens Drive and flows south into Machodoc Creek. It ends prior to the Machodoc Creek Marina. Machodoc Creek and Upper Machodoc Creek begin near the High School and flows generally east into the Potomac River. In the end, Gregory said the Board could tailor the name as desired and with DGIF input.

Next was a presentation by Brad Hudson, Director of Community Development, regarding the Dominion Medical building located next to Big Dog Outfitters. In his presentation he shared photos and information regarding the building's unsafe nature and deterioration. He shared aerial photos taken by Chief Lynd as well as ground level images that easily showed the roof leaking and partially collapsed. He said it was difficult to see in the images but inside the building were records that were presumed to be medical records and that mold was growing throughout the building. Hudson also shared the timeline of notices that were attached to the building as well as published in the newspaper. He said all correspondence sent to the building's owner were returned by the Post Office. Hudson's bottom-line request was for $25,000 to remove the building down to the concrete slab. He said the expense would be recouped by placing a lien on the property.

After the presentation, Brabo asked if the building was attached to the Big Dog Outfitters store next to it. Hudson said they share a masonry firewall but that wall served as the property line. Brabo asked if the buildings were owned by the same person and Hudson said they had different owners. Brabo said that even though Hudson's research said the County was not required to shred any medical records found inside, she wanted to do the right thing to ensure they were destroyed properly. Binder agreed. Brabo asked if the Treasurer or the Commissioner of Revenue would be able to waive the lien and Gregory said no, they would not be involved in that transaction because it was the County placing the lien and the County that had the right to waive the lien. Gregory further clarified by saying the County in this case was defined as the Board of Supervisors. The Board approved Hudson's request for funds.

Next was the amended portion of the Agenda, Ryan Gandy's presentation on the Fredericksburg Regional Alliance (FRA). Gandy gave numerous facts and figures, both written and in chart form, on how the FRA was funded, how their expenses broke down by each locality, and how the FRA compared to other regional economic development groups. After the presentation, Granger said he serves on the FRA Board and never had any concerns about the value that they provide to King George. He did appreciate Gandy putting everything together.

Brabo agreed that it was nice to see all of the information. While she meant no disrespect to Curry Roberts, FRA President, she felt his presentation would have been a marketing pitch whereas Gandy's presentation looked more at how money was utilized. She said it appears to her, the largest benefit is the access to the data and research that allows staff to be freed up for other tasks. She did question why the FRA only joined the Fredericksburg Chamber of Commerce and not the King George Chamber of Commerce.

Brabo also called attention to the fact that it appeared Fredericksburg received the bulk of FRA's spending. Each locality contributes one dollar ($1.00) per capita to the FRA so with roughly the same population, Fredericksburg and King George contribute roughly the same amounts in 2017 (Fredericksburg contributed $29,213 while King George contributed $24,739). However, of the spending budget to each locality, Fredericksburg was allocated $971,249 while King George was given $164,081. This equates to King George getting a return on their investment of roughly 563%, the lowest among the five member localities in the FRA. Fredericksburg in turn gets the highest rate of return at 3,225%.

Gandy said it would be up to the Supervisors to determine how much is expended with FRA in the County's budget. Brabo thanked him for bringing all of the information to their attention and said again that it was great information to have. Granger added that as the FRA representative, he could sit down with Gandy and Curry Roberts to discuss how the FRA could maybe focus more on King George. Brabo also pointed out that although it's great to have a regional partnership like this, in the end the partners were competitors when it came to economic development. Bueche thanked Gandy for his hard work and asked Dr. Young to supply this information to the citizens serving on the Budget Advisory Committee.

Next was a request from the Department of Finance to transfer funds from the General Fund to the Capital Fund as it related to the debt mitigation payment. The Board approved.

Chris Clarke, Director of the Parks and Recreation Department, then presented his request to update the fees associated with the use of the Citizen's Center. He said the current fees date back to 2010 and possibly beyond that. He said his first few days on the job he was confused by how much a customer had to pay for rental fees, cleaning fees, security deposits, and more. To end the confusion and to make the rates more reasonable to cover costs, he presented an updated fee schedule. He gave a few examples showing how modest the increases were. For an eight hour wedding reception, he said the current fee would be $406 while the new fee would be $460. He said this is still one of the cheapest rates in the area with Hopyard charging $800 for the same event and White Oak Fire Department charging $500. He said both of those venues don't clean while the staff at the Citizen's Center does. He also said events that would involve alcohol would have a larger fee. In the end, he said the Citizen's Center would still be the cheapest place to rent but the goal was to increase fees to create more revenue and decrease the cost to residents. Clarke also clarified that if the new fees were approved, they would not impact reservations that have already been made but would only be for future rentals. The Board approved the new rates.

Dr. Neiman Young, County Administrator, was next to present his request for funding for an outside vendor to study the odor complaints at the landfill. He said he received proposals from several firms. Granger said the landfill was in his district and would appreciate everyone's support on this. He said as with the FRA, he felt this was the Board doing their due diligence on behalf of the residents of King George. The Board approved.

Next was a request to write a letter of thanks for Hap Connors and his contributions over numerous years to the Commonwealth Transportation Board, especially as it related to the SMART SCALE projects. Consensus was given.

Dr. Young then gave his report on a letter from the Virginia Department of Environmental Quality (DEQ) stating that CROPS, Inc. had requested increasing the amount of land they can apply biosolids to. Because the request was greater than 50% of the existing land used, DEQ must hold a Public Meeting to get comments from residents. DEQ was asking for help from the County in coordinating the event. Consensus was given.

The Board went into Closed Session at 9:25pm and invited Eric Gregory, County Attorney, and Dr. Neiman Young, County Administrator, to attend.

The Board returned from Closed Session at 9:58pm.

The meeting adjourned at 9:58pm.

Meeting Attendees:
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)

Absent:
John Jenkins (Board of Supervisors)

Meeting Agenda

Next Meeting:
The Board of Supervisors will next meet on February 13, 2019 at 6:30 pm at the Revercomb Building.

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

No comments:

Post a Comment