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Thursday, May 30, 2019

2019-05-30 - Public Hearing Public Notice


2019-05-21 - Board of Supervisors Meeting Notes

by Neil Richard

The King George County Board of Supervisors opened their meeting at 8:02 pm.

There were no amendments to the Agenda.

Public Comment opened with Phyllis Cook stating she had lived in King George going on 34 years. She said she joined the Ralph Bunch Alumni Association (RBAA) as a lifetime member and eventually became an officer. She said she was invited to serve as a member of the Ralph Bunch Arts and Humanities Center (RBAHC) and that the Board heard from her at the last meeting but she had more to say. She said the Alumni Association wanted to believe in Marsha Stonehill's project to uplift Ralph Bunche and to tell the County's role in desegregation. Cook said that many factors went into the Alumni Association's increasing doubts and that forward progress was never made. She said the unauthorized removal of school plans was the final straw and provoked some to voice their concerns. Cook said the proposal looks very different than it is now and that the Alumni Association withdrew their letter of support after a vote of no confidence. Cook emphasized that it means the Alumni Association has no confidence in the proposal's success. Cook added that the University of Mary Washington also withdrew their letter of support but continues to support RBAA. She said the $2.5 million dollar pledge from Green Coal Solutions is highly unlikely since the company is not in business anymore and the co-owner that serves on the Arts and Humanities Board has never attended a meeting. Cook added that three other individuals quit the Arts and Humanities Board and that just making up a name and registering it doesn't make it happen. Cook said there is no timeline, no future operating costs, and no viability after the project is finished. She also urged the County to reflect on past mistakes. Cook said that the land giveaway with ProjectFAITH and the hundreds of thousands given to Virginia Broadband were prime examples. She said they have big ideas and hope for the best but it must thoroughly be planned and not be a waste of time and money. She said the current proposal is not the one that Dr. Young submitted for approval. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is a member of the Ralph Bunche Alumni Association and is a Board member of the Ralph Bunche Arts and Humanities Center.]

Next to speak was Perry Scranage who said he was not only a lifetime member of the RBAA but also a part of the history. Scranage said that in 1965 he was part of the transition of students that went to King George High School as part of desegregation. He said the alumni want to have a place to call home for memories of Ralph Bunche and that a lot of alumni have departed their life. He was just echoing what was just said about the lack of confidence and that they wanted a developer to create a dynasty or a museum for their culture in King George. Scranage said he lived here his whole life except for four years when he served in the military in Vietnam. He said he worked on base, owns land here, and is begging the Supervisors to make a decision that will create something to be proud of.

Next was Otis Penn. He said he came to let them know that he had a few words to say about the project. He then repeated "funds availability, memorandum of understanding, capital improvement, and county budget." He said he sat through several meetings when Wiley Wilson gave their report in 2017 and Echelon after that. Penn said that based on what he saw, there were a lot of good ideas that came before the Board.

Mark McDowney was next to speak and said he started at Ralph Bunche in 1959. He said he went to school there until integration and that he had a lot of memories. He said they played games, had May Day activities, and that the teachers meant a lot to the students. He said that even the older students were important to him. McDowney said that even though he graduated from King George he always says he got his start at Ralph Bunche. He said the school means an awful lot to him and that there's no other place he can show his kids. He also said he was an electrician and that the Board could call him day or night and he would do anything to help with the school.

Ernestine Jefferson was next to speak saying that in her five years as President of the Ralph Bunche Alumni Association, she always prefaced her remarks by saying she was a landowner and tax payer. She said she sat through the last meeting and heard that the Board didn't want to take tax dollars. Jefferson said that the majority of people involved with RBAA are land owners and tax payers in the County and even shop here and vote here. She said the members that live in Maryland shop here, eat here, get gas here, and help the economy in King George. She said when the Supervisors talk about tax dollars, some of the people have a vested interest. She said that she knows it is County property and a County building and that the Alumni Association doesn't own it. Jefferson said that RBAA worked with the School Board to give the building to the County and that when the alumni were offered ownership of the building they declined because they never wanted it. She said they don't want the building torn down, they just want a space to memorialize the school as it was. She said the mention of a power struggle between two non-profits over a County building is not true. She said the RBAA does not own Ralph Bunche but they do have a vested interest. Jefferson said they had no heat, hand-me-down books and instruments, and everything else King George didn't want. She said they got all of that and thrived. She said the alumni are stakeholders and that the nonprofits are not fighting over County property. She said she had personally donated $2,700 to Ralph Bunche for scholarships for King George students. She said money was raised to build a museum. Jefferson again said there was no power struggle. She said they had a meeting with Stonehill and it ended up being a business plan and proposal and there was skepticism about it. She said even though she was skeptical about the plan, she was on board because Green Coal Solutions was there with $2.5 million. She said she doesn't have any partiality to what goes in the building, just to not tear it down. She said she hasn't seen the $2.5 million and doesn't have 6 years to wait for the project to be funded. Jefferson said they needed an established developer with money up front that can put shovel to dirt and hammer to nail. She said it's been going on for 22 years and doesn't know of any other project that's been going on so long. She said you can't unring the bell and was asking the Supervisors to vote no on the Letter of Intent.

Pat Simone was next to speak saying that she first got interested in Ralph Bunche when she heard the presentation by the University of Mary Washington where they unveiled the panels that are now on the Dahlgren Campus. She said the video was good and felt it was the Supervisors responsibility to consider the integrity and accomplishments of those working on Ralph Bunche. She said they've worked hard and want to preserve the history and legacy.

Claudette Jordon, President of the Ralph Bunche Alumni Association, was next to speak. She said she's in King George two or three times per week and said that everything said tonight was heartfelt. She said there was no power struggle and it was all about the legacy and integrity of Ralph Bunche. Jordon said the jails and fire and rescue stuff didn't give King George the national claim that Ralph Bunche did. She said the state of Virginia and the nation recognizes that and the Alumni Association also has supporters in other countries because they understand it too. Although Jordon never mentioned the Ralph Bunche Arts and Humanities Center by name in her comments, she said she meant no disrespect to "Stonehill or those in her group." She said it's a wonderful concept but it's not ready to go. She said the County owns the property but it doesn't own the blood, sweat, tears, and souls that put together Ralph Bunche. Jordon said the alumni went to Ralph Bunche but the association is multicultural. She said 73 years ago it took a lawsuit to make things proper and equal but it still hasn't happened yet. She said it takes compassion and common decency and so she didn't think it was that critical to sign the Letter of Intent tonight. Jordon said the Alumni Association is just asking for some leeway to go back to the drawing board to find a developer with the money and experience. She asked the Supervisors to table the decision for 90 days and asked to be included in the process. She said a lot of things should be in the Request For Proposal (RFP) like experience and funds. Jordon said Ralph Bunche was in a crisis and gave an analogy of it being like a heart patient. She asked if an inexperienced heart surgeon should do the surgery or if an experienced one should. She again asked to be given a chance. Jordon concluded that Jeff Bueche asked her two weeks ago what she wanted and she said to win the lottery and solve it all. Instead she asked again for 90 days and said that she had been contacted by people with ideas and funds.

Jim Lynch was next to speak saying that later in the evening there would be a presentation about an event on the Dahlgren Railroad Heritage Trail (DRHT). He said there was a number of other activities taking place on the trail as well. Lynch said a group recently produced a video about biking the length of the trail. He said there was also an event with Dr. Neiman Young for County employees. His phone alarm went off and he said his three minutes were up much to the amusement of the audience. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is the Treasurer of the Friends of DRHT.]

A letter from Lester Harvey was read by Cathy Binder. Harvey said he regretted he could not attend the meeting but wanted to share his support for Marsha Stonehill and the Ralph Bunche Arts and Humanities Center. He said he is not a member of the Ralph Bunche Alumni Association but was a former Ralph Bunche student and supported the school's preservation.

John Jenkins opened his board report by thanking Lynch for his non-Ralph Bunche comments. He immediately apologized for making a terrible joke. Jenkins then wanted to recognize his father, a King George resident, for competing in the International Power Lifting competition in Tokyo. He said not only did his father qualify to compete in the Masters Division but he also won. He said he was super proud of his father and not just because he can out bench him at the age of 61. Jenkins said he was proud of the hard work he put into the process and that he was very determined. Jenkins said his father did it all on his own with maybe a little help from his mother yelling at him.

Richard Granger thanked everyone for coming out to speak and thanked Marsha Stonehill and Julie Chatman and other for meeting with him. He said Ralph Bunche was an important topic. He clarified that it was not a six year plan but a 3 year plan in the Letter of Intent with benchmarks every year. Granger said that if the Arts and Humanities Center does not meet those benchmarks then the deal falls through. He also clarified that the land would not be handed over until the end, not at the start. He said that has been problematic in the past. Granger said he would love to have someone bring a shovel and hammer but there was only one response to the County's RFP. He said he put his faith in Dr. Young and the County staff and that if they didn't believe it would be successful, they would not have brought it to the Supervisors. He said he heard everyone say there's no animosity between the groups. Granger ended his comments by saying he attended a meeting on the 13th and the King George Education Foundation Evening of Excellence on the 14th. He thanked the schools for all that they do.

Cathy Binder said she was on the Education Foundation but wasn't able to attend. She said a lot of the people that won awards had an impact on the lives of her kids. She wanted to point out Katina Wynes for her work in the humanities. Binder also went to the Small Business Appreciation Dinner where she talked to the owner of Tink's Catering who found her new calling in doing catering work. She said that Wynes worked with the Opp Shop to get clothes for her school products and then returned them. She said memories were important and that only two high schools are named after Ralph Bunche in the United States, one in King George and one in Oakland, California. She said the stories are important and the wished she could tie all three museums together to tell the whole story of the County. She said we need to think about saving Ralph Bunche. She circled back to Jordon's heart patient analogy and closed out her comments by saying the patient could die in 90 days.

Ruby Brabo met with Jay Jarrell on the 9th about a public-private partnership for capital infrastructure needs. On the 13th she went to the Central Park Insurance ribbon cutting and on the 15th went to the Small Business Appreciation Dinner. She also attended the Spotsylvania Hospital meeting and the County employee running event on the DRHT. Brabo said she ran the Marine Corps Historic Half Marathon with Ainsely's Angels and attended GWRC and FAMPO meetings on the 20th. On the 21st she attended the COMREL meeting and a White House conference call. She also mentioned that the Mary Washington Healthcare system signed a lease with Jessica Herrink at the Journal Office Building for an urgent care center that will open in June. Brabo then appointed Amberleigh Scheungrab to the Economic Development Authority. The Board approved.

Jeff Bueche thanked everyone who came out to speak. He said it's always a hot topic and that he gave public comment before he was elected. He said there are a lot of things to do in the County with taxpayer dollars and that he isn't opposed to the County paying for Ralph Bunche but only if there's money for it. He said he didn't want to continue to go through cycles every three or four years where developers come in and deals fall through like Echelon. Bueche said the building is just sitting there decaying and we should maintain it as long as the County owns it. He suggested that maybe the County should look into why there are broken windows on a County building and that he looked forward to the discussion later in the evening.

Bueche continued his report by saying that Public Comment didn't happen until 8:15 pm and he felt citizens should be afforded the opportunity to talk to the Supervisors at a reasonable hour. He said he did appreciate the thoroughness of the Service Authority, especially after what they inherited. Bueche said they are doing a phenomenal job and that's he glad it's not the short five minute meetings that it used to be years ago. He suggested flipping the meetings so the Supervisors would meet first followed by the Service Authority so that citizens could talk to elected officials at a reasonable hour. Bueche said it wasn't an effort to be self-serving but rather to serve the citizens. He asked his peers to take it into consideration and that he wasn't asking for a decision tonight. Brabo interrupted and said the Bylaws say they meet until midnight. She then suggested the citizens may appreciate earlier meetings like some surrounding counties. Jenkins said he disagreed that earlier meetings may not appeal to citizens who may be working. Brabo said she thought the reason the meetings went so late was because of the variety of issues that come before the Board. She also said she had not heard a citizen complain about how late the meetings are. She said citizens now have the convenience of attending meetings online and submitting public comment via email. Brabo said there was no disenfranchising and that when she held Town Halls, residents said a later start time was better for them. Bueche then tried to explain himself again by saying the Service Authority and the Supervisors swap meeting times since most people don't attend the meetings to hear the Service Authority. Jenkins suggested taking the discussion offline. Brabo then said it was an offline discussion and that they had already voted on the calendar for meeting dates. She said if Bueche wanted to change it in January, that's when it needs to be done as she had told him many times before. She chided Bueche for continuing to bring the topic up. Bueche said he did continue to bring the topic up because the meetings are going longer and longer. Brabo responded "because of things like this." Jenkins said "let's move on please." Although Brabo didn't speak into the microphone, it was audible to the audience when she said "somebody act as Chair." With a bit of a gasp from the audience, Bueche looked at her like a child acting up and said "Really?" Brabo looked at him and said "Really." This was not the first time Bueche and Brabo sparred at Supervisors but Bueche held his composure this time and remained professional.

Bueche continued his report by saying that he appreciated everyone's enthusiasm over the employees running on the DRHT but that he wouldn't be participating. He congratulated everyone that did it. He then thanked the Education Foundation for their hard work. Bueche said he attended a meeting on the 15th with Virginia Department of Transportation (VDOT) and the National Park Service regarding the Nice Bridge project. Bueche then appointed Christina Buck to the 2020 Census committee and the Board approved.

While the Consent Agenda is normally approved without any discussion there was some cross-talk and discussion about the Consent Agenda and the Meeting Minutes. In the end, the Consent Agenda was approved without the Meeting Minutes and then the Meeting Minutes were approved with the amendment that they reflected that all the Supervisors voted for the Resolution.

The County Attorney, Eric Gregory, gave an update on the Mallows Bay action from a previous meeting. Gregory said the Supervisors submitted comments on the proposed marine sanctuary in Mallows Bay, the home of many scuttled ships. He said there are several options in the proposal but namely there are three main options for the sanctuary size; 100 miles, 50 miles, or 18 miles. He said the Supervisors had expressed their concern over the size of the proposed designation and that a 50 mile or 100 mile option would impact the Dahlgren firing range in the Potomac River. He said the comments were in opposition to the larger footprint. Gregory said that while he could not commit to where the process will wind up, he felt confident that the 18 mile option was the most likely choice.

Next was a presentation by Jim Lynch and Chris Chalkey about the Sheetz to Sheetz run on the DRHT. Lynch went to the podium and said he was only there to introduce Chris. Chalkey then gave a presentation on the Sheetz to Sheetz event held a few months ago. He said it began at the Sheetz across from King George Middle School, went down Route 3 (Kings Highway) then Comorn Road before getting onto the DRHT. From there the runners took the trail all the way to the Dahlgren Sheetz just across from the base's B-Gate. He said this was a charity event that had no registration fee and no awards but instead was designed to raise money and awareness for Ainsely's Angels. Ainsely's Angels is a group that allowed athletes with disabilities to be included in running events. Volunteers will push a chariot with a rider at road races but this was the first time an event was held on a trail. Chalkey said there were 24 runners at last year's event and over 60 this year. He said enough money was raised this year to equip another chariot with special tires designed for trails. Chalkey said local resident and runner Michelle Tritt is the head of the Fredericksburg Chapter of Ainsely's Angels and it is one of the fastest growing in the country. Chalkey also went through the survey results from the event and said that the runners enjoyed not just the event but also the trail itself. He said they want to expend the event next year but keep the small town feel. He also said the Ainsely's Angels will be tackling a new event, an obstacle course race, this summer with Hunter Pitts as the star athlete. Chalkey thanked Dr. Cottrell for supplying shuttle buses for the runners, the Friends of DRHT for their support on the trail, and the Sheriff's Office for their help on the road.

Todd Gordon from the Berkley Group was next to present to the Supervisors. He shared a Fiscal Impact Profile presentation which essentially took all the variables involved in a development and calculated the fiscal impact. Although each project is different, he said this was using the base data available to come up with a template for the County to use. To make things a little easier to understand, he gave two different examples to illustrate his point. His first scenario was a residential subdivision with 100 homes, 251 residents, and 43 students. He said that based on those figures, the County would realize over $293,000 in revenue yet have over $417,000 in expenses. In other words, the County would lose about $124,000, namely because of the service it would need to provide such as teachers and police officers. In his second scenario, he had a commercial shopping center with a main grocery store and eight other retailers. There was a mix of food, retail, and service companies and about 300 employees. With this scenario, he said the County would realize about $575,000 in revenue and have about $319,000 in expenses. This would net the County about $256,000 in income. Gordon said that the development industry has a general rule that building houses loses money for the locality but cautioned that every project is different and the variables are numerous. He said the model is made to assess future development applications which should have more concrete numbers that can be used. His alarm went off and he said his ten minutes were up.

Granger said he didn't have any questions but thanked him for his hard work and his warnings. He felt it would be a great tool that would allow the Supervisors to be more informed. Brabo said she reached out to Drew Williams, the COO of the Berkley Group and was glad to see the company come to present. Dr. Young said there was a flat fee to establish the profile and there would be an hourly cost to do any work on it after. Brabo said they may want to discuss the impact in the future but personally felt that every project was important enough to have a profile and felt it may be a good idea to put it into policy that each development have this profile included in their application. Bueche said there should be a threshold but concurred. He asked who would own the process and Dr. Young said he recommended that the County Administration should since there were a lot of departments involved. Bueche asked if the County would incur the cost or the developer and Young said he would rather take that question to the staff to see what they think. He also said it could be a good tool for future use but wanted to test it on existing projects first to see how it performs.

Next on the Agenda was an action item regarding the expansion of the Purkins Corner Convenience Center. Dr. Young began by saying that in 1993 the County executed an agreement with Waste Management. Jeff Jenkins, Director of Solid Waste and Recycling and no relation to Supervisor John Jenkins, said that the Purkins Corner Convenience Center would be expanded from Phase 1 to Phase 3 power which would help prolong the life of the trash compactors. He also said that by adding three compactors for trash and one for recycling will increase capacity. He said that drains would be installed under each compactor and that new lighting would be installed. Waste oil capacity would also be increased and a new trailer would be put in for the County employees. Best of all, Jenkins said that Waste Management would pay for these expenses as well as increase their contribution to the daily operating costs that would allow for two part time employees to be upgraded to full time. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is the Secretary of the Landfill Advisory Committee.]

Binder asked if there was a bin for metal there and if it would be bigger. Jenkins said that were two there already but an additional one just for metal wasn't part of the plan. Brabo asked if the expansion would allow residents to bring trailers to dump their trash. Jenkins said that two of the compactors can be made just for trailers but that the site still would not be able to take bulk items. He said that trailers of trash would be fine though. Dr. Young expanded on that by saying lanes would be expanded and that there can be a more deliberate plan for larger things like trailer. Jenkins added that Waste Management wanted a decision quickly so they could put it into their budget plan and start the expansion next year. Brabo said she was amenable as long as trailers were allowed. Granger agreed, especially with the drains. He felt there were enough benefits. Binder asked for more signs on what is acceptable as plastic in regards to recycling so citizens can understand what is and is not allowed. With that, the Board approved the expansion plan.

Next was Lavita Cobb from the Department of Finance who asked for approval to transfer funds from the King George Middle School Project contingency line to the King George County Middle School Construction project line. She said the transfer was for the track access road. The Board approved.

Next was Wilma Ward, Director of Finance, who asked the Board to approve the adoption of the budget by category for the FY2019-2020 King George Schools Operating Budget. Bueche asked about the debt transfer. There was some cross-talk discussion about the Honeywell program and whether it really saved the schools money or not before the Board approved.

Next on the Agenda was the topic of the Ralph Bunche Arts and Humanities Center (RBAHC) and the signing of the Letter of Intent. Brabo said she had questions regarding the Letter of Intent (LOI) and said she felt like she was always catching different aspects as they came. She said she noticed there was a clause under Number 2 that was related to the County not being liable for any damages to the developer's equipment but there was nothing about what happens if the developer damages County property. She also said under Number 3 that it doesn't define the property and that the only benchmarks were for fundraising, not for mold remediation or anything like that. She also said that under Number 6 there's a mention of a cost for the County but nothing says what that cost is. She said she felt remiss that she didn't catch these earlier but requested the County take a better look. She then asked why there was a Memorandum of Understanding (MOU) with Echelon and an LOI with the RBAHC.

Dr. Young said there was no MOU with Echelon but rather a purchase agreement. He said the intent with RBAHC is to transfer ownership of the property if the project succeeds. Brabo said there were no benchmarks, just fundraising. She asked why there was no plan on what the first $2 million would be for. She said that caused her concern as the only benchmarks were for fundraising. She then asked why not give the Alumni Association three years.

The County attorney, Eric Gregory, said the transaction is staged. The first stage is the LOI. He said the next step was an option agreement that would have a deadline. During that time there would be more opportunities to assess the site and find out what exactly is needed and what terms each party would want for the option agreement. He said if that was successful, then there's also an option of a lease or lease-to-own for RBAHC. Bueche asked if the Supervisors would approve that option and Gregory said they would. He said the negotiation would be between the Supervisors and the Arts and Humanities Center so the LOI was not the end-all-be-all of an agreement.

Binder asked if the LOI could have a timeline of what was needed. She said the original three page agreement with Echelon showed that they wanted to charge the County for repairs. Gregory said it would be impossible to know what the expectation would be for the RBAHC as for their terms in an option agreement. Gregory said that would be negotiated during the period after the LOI was signed and before the option agreement was signed.  He said the Arts and Humanities Center may have expectations and the County may need to do some things. Binder said that would be true with any developer and right now they're not asking for much, just an LOI. Brabo said the Supervisors wouldn't know until the option agreement stage.

Bueche said that if the Arts and Humanities Center is going to negotiate an option agreement with their developer and the County, the County may need to pay for some costs during that time frame. He said even with an LOI with the RBAHC, the Alumni Association could use that time to prepare a counter proposal with another developer since there is no contract. Gregory said the LOI is just that, an intent to negotiate. He said that if the two groups can't come to terms, then it's a no harm no foul scenario and both parties walk away. Gregory said there is no exclusivity clause so it's not exclusive to the Arts and Humanities Center.

Bueche said the LOI gives the RBAHC the ability to fund raise as a partner with the County and Gregory said he felt that was the intent of the RBAHC so they could approach potential donors and prove that it's a legitimate project. Gregory said it also gives RBAHC access to the facility for their developers and contractors.

Jenkins said he wasn't sure if there would be a motion or not later but felt it was an important issue for the County. He said he was very torn on what the correct decision would be tonight and that he had wrestled with himself and changed his mind twenty times today. He said the term 'no confidence'  has been mentioned a lot and that he had confidence in the proposal. He said it's the most promising thing to date and that it would help the progress of Ralph Bunche greatly. He said that despite this, the Alumni Association are vested stakeholders and while they don't own the building, they represent Ralph Bunche. He said he thought it was a great deal but as a representative of the citizens who are part of the Alumni Association, he would have to vote nay.

Brabo said that during Public Comment, the School Board and Board of Supervisors were mentioned and their lack of maintenance. She said that the previous Supervisors promised they would maintain the building if they got the deed to it but that was the first year she was in office and they never kept that promise. She said that as she learned about the history of Ralph Bunche and the bravery of the parents involved, she had respect for those who lived it. Brabo said she had no understanding of segregation in that she never saw it or lived it but the alumni show up with a positive attitude and want to preserve it. She said she has a lot of issues with the LOI and no matter how people feel to either move forward or table it, she had to agree with Jenkins. Brabo said that the Stonehills have done a great job with the marina but Phyllis Cook reminded her that Joe Grzeika was touted for his ingenuity for the broadband deal that ended with six years of litigation and thousands of dollars spent. She said she herself jumped on board with the Project Faith project and she said she learned her lesson to be more cautious with an idea. She said if nothing else, the LOI should have the issues and concerns addressed.

Gregory said the LOI is binding that the two parties negotiate and if unsuccessful, they walk away. Binder said that she had to add her 70 cents. She said she felt like the County may have jumped too soon at an idea with a developer but maybe if the LOI gets approved the Arts and Humanities Center can do their fundraising. She said that during the same time the Alumni Association could look for a developer as well but that waiting for a miracle from heaven doesn't help preserve the story of Ralph Bunche.

Bueche said that there's no transfer of property like with Project Faith or Echelon and that the LOI is a way forward. He reaffirmed that if the benchmarks were not met, then it's null and void. He also said that in negotiations, new timeline goals can be set. Bueche said he didn't want to just write off an idea because there's no faith in the project when there was faith before. He said that the staff reviewed and approved the plan and that told him the subject matter experts approved it. Brabo again said the expenses are legally binding but not specified. Bueche said he talked to Dr. Young about that and Young said he was not an attorney but from his reading of the paragraph in question it simply meant that each party was responsible for their own expenses. Brabo asked again what costs and Gregory clarified again that the LOI is legally binding to negotiate. He said that it wasn't a contract where a product was being conveyed and that during the negotiation process each party may incur costs. He said, as an example, that the Arts and Humanities Center may hire consultants or engineers or architects but those expenses were their responsibility. Gregory said that if RBAHC hired somebody, RBAHC would have to pay them, not the County. He said that if the County hired somebody to do something, then the County would have to pay for them, not RBAHC. He said it was up to each party what to do and that the LOI was inherently vague because it's not a full-blown contract.

Brabo said that Echelon didn't drop out of the sky and that the Supervisors and Dr. Young recognized them as a potential developer. She said the Echelon project in Culpeper that started at the same time they were dealing with King George was completed. She said they have a proven track record but it just didn't work out for us.

With the discussion over, Binder made a motion to approve the Letter of Intent between King George County and the Ralph Bunche Arts and Humanities Center. With Jenkins and Brabo casting the only nay votes, the LOI was approved.

Next to the podium was Ryan Gandy, Director of Economic Development. He presented a brief overview of the finalized Economic Development Strategic Plan and asked for the Supervisors to approve it to go to print. Brabo asked if the business in the image on page 11 was still in business and if not they should use a different picture. She then noted a lot of typo errors and that on page 12 it talked about 'stunt commuting to Dahlgren.' Gandy said that was the wording the Supervisors previously approved. Brabo said she knew that but they have a lot to read and don't always catch everything. Jenkins suggested changing it to "mitigate commuting" instead and the Board agreed. After reading a long list of other formatting errors, Brabo said she would email them to Gandy. Young said there may have been some issues when scanning the document for the Board packet. The Board then approved the printing of the plan.

Gandy then presented an even shorter version of the Small Business Incentive Plan that he previously presented to the Service Authority Board of Directors. After some discussion among the Supervisors, they agreed to meet earlier in the evening on June 20th.

Dr. Young, County Administrator, then gave a very short update asking the Supervisors to approve the date for the County employee picnic. With the date approved, the Supervisors went into Closed Session at 10:20 pm with Young and Gregory attending.

The Supervisors returned from Closed Session at 10:37 pm.

Bueche then read a statement related to the Nice Bridge replacement project and that it was progressing. He said the County has been working to replace the property that would be lost at Wayside Park and the County now feels as though a reasonable replacement has been found. He said that he would like the County Administrator and County Attorney to take action on the transaction without untimely delay. The Board approved.

The meeting adjourned at 10:39 pm.

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 June 4, 2019 at 7:00 pm at the Revercomb Building.

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

Wednesday, May 29, 2019

2019-05-28 - Planning Commission Public Notice


2019-05-21 - Service Authority Meeting Notes

by Neil Richard

The Service Authority Board of Directors got off to a later start than normal and opened their meeting at 6:32 pm.

There were amendments to the Agenda to add the action item to approve the five year rate plan advertisement during June.

There was no Public Comment.

Christopher Werle began his board report by saying he fielded a call from the Virginia Department of Emergency Management (VDEM) regarding the Fairview Beach riverbank stabilization project. Werle said the May 13th phone call was an update from Debbie Messmer at VDEM related to the status of the project as it was currently being reviewed by the Federal Emergency Management Agency (FEMA). FEMA has had the final design since December 2018 and as of last week was still reviewing it. Werle said that it is unlikely FEMA will give any substantive comments on the design, there will need to be an Environmental Assessment (EA) as required by the National Environmental Policy Act (NEPA). Because FEMA is funding the project, they are required to pay for the EA. Werle said there was hope that the stabilization project would qualify for a categorical exclusion under NEPA but the County Engineer and he had determined that the EA was required under the law. Werle read from a long, but not all inclusive, list of topics the EA looks at before saying it could take three to six months to complete. Once completed, the EA will tell FEMA if the project will need an Environmental Impact Statement (EIS) or if it gets the thumbs-up with a Finding of No Significant Impact (FONSI). Werle said the bottom line was that it looked like FEMA approval for the project wouldn't come until next year. Werle also stated that VDEM can contract out the EA but there was no additional funding for that.

Ruby Brabo added during his report that the Federal representatives should get involved as we were approaching hurricane season. Werle said he didn't think that would have much impact on FEMA moving any faster. Werle said FEMA is well aware of the situation. During the discussion of funding for the EA, Brabo asked what the cost would be to the County. Werle said we don't know yet but it would still take six months to complete. Brabo asked why the County couldn't do the EA and Werle said he asked that question and was told that the County would not be reimbursed for the expense. Mike Bennett added that contacting our Federal representatives may not hurt but as a former Federal employee it may not help. Bennett said that at various points he was charged with responding to Congressional inquiries on stuff he was working on and that the squeaky wheel may get the grease but it doesn't always move things along faster.

Werle added that there were several plants and animals that may be impacted in the area such as a relative of the pea plant, the northern long eared bat, and various species of fish. He said even if they are present in the project site, they may not stop the project from moving forward. Bennett said he was a fan of bats since they eat mosquitoes. He said they shouldn't be impacted because no trees would be removed. He also commented that Jeff Bueche said a larger environmental impact may occur if a sewer line breaks and spills into the Potomac River. Bennett also noted that in the report it mentioned "surgeons" being impacted instead of "sturgeons." The audience gave a chuckle when he said he doubted they cared about the impact to doctors. Werle said they ran into the sturgeon issue in Hopyard and were told work had to be delayed until after July 1 to avoid their spawning season. Brabo commented that government just takes way too long.

Dr. Neiman Young, County Administrator, asked Werle if he had a ballpark idea how much the cost would be to the County. Werle said he did but couldn't disclose it as it may be a proprietary figure. Bennett said if the project didn't start quickly it would be winter before the project began and that was only if the riverbank survived another hurricane season. Werle ended his report by saying he attended the COMREL meeting on the 21st.

Richard Granger, Cathy Binder, and Ruby Brabo had no report.

Mike Bennett apologized and said he did have a report. He participated in a conference call on the 13th related to the stabilization project. On the 16th he met with Hertenstein and others to discuss the Service Authority requirements related to the phasing of the proposed development in the Route 3 and Route 301 area. The question was related to the capacity of the existing Purkins Corner Waste Water Treatment Plant (WWTP) and if it could be expanded or replaced. Bennett said in his opinion it was better to have a new plant that appealed to potential developers instead of decommissioning the plant and sending everything to Hopyard WWTP. Bennett also attended a meeting with Davenport in Richmond to discuss the debt restructuring with Virginia Resources Authority (VRA). Bennett said that they made their case and that Davenport gave a great presentation and answered questions. He said the VRA's requirement was to have the five year rate plan approved via a public hearing and that Eric Gregory, County Attorney, worked on the language to make it legal. While the VRA wanted the rates set in stone, the current Board cannot force a future Board to take action.

The Consent Agenda was approved.

The County Attorney, Eric Gregory, had no report. Bennett again thanked Gregory for all of his hard work.

Next was a presentation by Ryan Gandy, Director of Economic Development. Gandy quickly reviewed the new incentive program that he has been working on with the Economic Development Authority (EDA). In summary, the company requesting funds must be registered and have a Federal Employer Identification Number (EIN), must be located within King George, must not be delinquent on their tax payments, and must submit a budget. The business must also not relocate outside of the County within the agreed upon time frame. Gandy said the funds cannot be awarded retroactively nor can they be given to an individual.

After his presentation, Brabo said that the sticker shock for small businesses was due to the Service Authority connection fees, especially as they relate to the other costs of starting a new business. She said it is a conversation to have. Brabo said a review was being done on economic incentives and recommended Gandy should look at the findings when they're released. Gandy said the results are already out and the study only looked at state level incentives, not local incentives. He said that generally speaking, the results said that grants worked better than tax breaks because a grant would be towards a specific project where a tax break would be towards an entire industry.

Dr. Young added that he and Gandy had several discussions about the policy and felt it was a little muddy because it dealt with three different groups, the Board of Supervisors, the EDA, and the Service Authority. Young said so far the discussion on the impact has only been internal to the interested parties and felt it should be a combined conversation with all three groups. To that end, Young asked if they could schedule a special joint meeting between the three. Brabo agreed.

Bennett said that connection fees are high but he wasn't too concerned with residential connection fees as the cost would be spread out over 30 years and be a part of the mortgage. He said the same wasn't really true for a business and the Service Authority didn't want to stand in the way of a small business. However, he cautioned, he didn't want to see a big chain like Wendy's qualify as a small business. Bennett also mentioned that low income residential customers can apply to be on a payment plan whereas small businesses cannot. He felt that it would be fair to apply the same logic to a small business. Bennett said he wasn't quite clear on how the connection fees were calculated and Werle said it was based on the meter size and throughput of water. Werle also added that the new Tractor Supply paid the same price as a residential customer because they had a smaller meter put in and use less water. Consensus was then reached on a joint meeting date for June 20th.

The Board then "affirmed and ratified" the public notices and hearings for June 4th along with the five year rate plan. There was some discussion as to ensuring that even though the rates are set for the next five years, they still require Public Hearings and a Board vote to approve them each year. It was also cautioned that the Board only voted to approve advertising the Public Hearing, not the rates themselves. Bennett said the point was to give the public the chance to come and comment on the five year plan and that the future rates are still subject to public hearings every year.

5 Year Rate Plan Public Notice


Next was the General Manager's report by Jonathon Weakley. He started by thanking Gregory for his hard work reviewing everything and keeping Davenport informed about the VRA vote tonight. Weakley said he met with water tank maintenance contractors and met with the contractor for the Walnut Hill booster station. He said the booster station is not complete yet and he will be meeting with them to review the design. Weakley said they are working to address comments from the Virginia Department of Health (VDH) regarding the Consumer Confidence Reports and that he toured the Port Royal well system to see if it would be a reasonable design for the Nindes water system. He said it looked very nice but cautioned that it was a different system and may not be applicable here. Weakley said the Fairview Beach water system flush had been completed. Bennett added that one of the joys of serving on the Board is taking Weakley water samples when the water is brown. Weakley said he "got that mason jar sir, thank you" which caused the audience to laugh. There was also some discussion about the use of orthophosphate to combat the discolored water and they agreed that it would not impact the WWTPs because it would be such a small amount.

Weakley also said that repairs had been made to a water line in Presidential Lakes. Weakley noted that a utility contractor had damaged the line even though they were properly marked and they would be receiving a bill for the time and material used to make repairs. He also said that one customer had to be left without water for the night before repairs could be made and that they supplied them with several cases of water and that they were very understanding.

On the wastewater side of things, Weakley said that they continue to review testing at all five WWTPs and that the pump station Preliminary Engineering Report (PER) meeting would begin soon. Weakley said they were continuing to troubleshoot sewer pressure issues in the industrial park and that new pressure gauges were installed. He said that they have yet to see the high pressure that customers are complaining about but data will continue to be collected. Weakley also said he met with the Department of Environmental Quality (DEQ) on the 14th and then went through each WWTP and their latest Total Nitrogen and Total Phosphorus amounts. At the Oakland Park WWTP, he said they were working to locate the source of abnormal influent at the plant and that once located, they would have a nice conversation with the source about their lack of pre-treatment.

In other news, Weakley said that the budget would need to be appropriated in June since the Board does not meet in July. He also said they were working with the County's Finance Department regarding billing issues and that he had an upcoming meeting with a developer looking at a potential project on Indiantown Road. Weakley said he was also in talks with a land owner about a potential interconnect of the Circle water system.

There was no Closed Session.

The meeting adjourned at 7:55 pm.

Meeting Attendees:
Christopher Werle (Board of Directors)
Jonathon Weakley (General Manager of Service Authority)
Richard Granger (Board of Supervisors)
Michael Bennett (Chairman, Citizen)
Ruby Brabo (Board of Supervisors)
Cathy Binder (Board of Supervisors)
Neiman Young (County Administrator)
Eric Gregory (County Attorney)

Meeting Agenda

Next Meeting:
The Service Authority will next meet on June 4, 2019 at 6:30 pm at the Revercomb Building.

Previous Meeting:
Read about the previous Service Authority Meeting.

Tuesday, May 28, 2019

2019-05-07 - Board of Supervisors Meeting Notes

by Neil Richard

The Board of Supervisors opened their meeting at 7:09pm to a full crowd of citizens in the Board Room.

There were no amendments to the Agenda.

Public Comment opened with Jeron Hayes and Sandy Pearson stepping up to the podium. Hayes said she was the Public Affairs Officer (PAO) for the Navy's base in Dahlgren and was there on behalf of Captain O'Leary. She read a letter from the Captain stating that the base would host a Fourth of July celebration in 2020 to help King George County celebrate its 300th anniversary. Hayes said the celebration is advantageous for the base and the County and that Pearson was an amazing asset to the County. Hayes said they are already discussing planning and budgets and said the Dahlgren Heritage Museum would host a tourism event later this summer as well. She said it was a rare occasion when everyone can come on base for an event. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is an employee of the Dahlgren Heritage Foundation.]

Pearson added that it was a pleasure to on the event even though they had to keep things quiet until now. She said they've been working closely with the base to make it the centerpiece of the 300th celebration.

Next to speak was Claudette Jordon, President of the Ralph Bunche Alumni Association (RBAA). She asked for her fellow RBAA members in the audience to stand, of which about 15 people did so. Jordon said that instead of all them standing in line behind her to speak, she would ask the Supervisors if she could speak on their behalf. Jeff Bueche, Chairman, allowed it.

Jordon began her presentation by saying she had sent the Supervisors two letters, one from the RBAA Executive Committee and General Membership and another letter from the Center for Historic Preservation at the University of Mary Washington. Both letters rescinded their support for the Ralph Bunche Arts and Humanities Center (RBAHC) and their proposed preservation and development of the Ralph Bunche property. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is a member of the Ralph Bunche Alumni Association and a Board member of the Ralph Bunche Arts and Humanities Center.]

Jordon continued by saying that the RBAA was excited when Echelon, a developer, was working to develop the property. Jordon said that when Echelon backed out of the deal, Marsha Stonehill came up with a plan. Jordon said everything works on paper with the plan but she felt they didn't read the fine print and should have. Jordon said she was an original member of the RBAHC Board and tried to help as much as she could. She said some things were antagonistic and rigid and that the whole thing was built on the fact that they could do this. Jordon said the group never got to meet with the architects and developers and that the previously estimated cost of $6 million was too high. Jordon said the promised $2.5 million donation never materialized, there are no officers, and ten months was wasted working on a logo. She said Stonehill was not developing money to work on the development and that Federal and State grants were "poopooed" because Stonehill felt there were too many regulations involved. Jordon said nothing was getting done. She said you don't turn on the oven and put the pan in and then worry about the ingredients. She felt Stonehill parachuted into the project but didn't have the resources. Jordon said RBAA will continue to work this thing but doesn't think they should wait for a neophyte organization, the RBAHC, to come into their own while nothing happens. Jordon said there are other developers out there that have experience and funds to get started and that's what they're looking for. She said it's okay that Stonehill wants to develop the RBAHC group but not at the expense of the project. Jordon said the RBAHC will probably do a presentation later and that if Julie does it, it will be nice since she has skills. She said it became apparent to her that no input was going to be accepted and decided to rededicate herself to the Ralph Bunche project instead. Jordon said too much was at stake. She ended her comments with a scripted call and response from the crowd by asking "how long?" and the audience responding "too long."

Phyllis Cook was next to speak. She read an open letter to the RBAHC Board announcing her resignation from the Board. She said as a lifetime member of Alumni Association, she served as one of two members to represent the RBAA on the Arts and Humanities Board. Cook said she concurred with the recent votes of no confidence and, like others, was distressed to hear of the unauthorized removal of plans from the Ralph Bunche building by Marsha Stonehill. Cook said she was relieved to hear that Dr. Neiman Young, County Administrator, retrieved them. She said that Stonehill has a dream and she's heard a lot of talk but not a lot of progress. She said she heard about the no bid architect but there was an inability to follow through and report Board decisions accurately. Cook said that Stonehill has no President, no CEO, no executive leadership, and no funding yet still says there is no problem in getting $6 million in funding in three years. Cook also said the $10,000 in seed money was never mentioned and the proposed Letter of Intent (LOI) on tonight's Agenda will only delay the realities. Cook said she was confident that an experienced developer can be found by Dr. Young and appreciated Young's support.

John Jenkins started his report by thanking everyone for making comments. He said it certainly gives him something to think about regarding Ralph Bunche and that it was great to hear about the upcoming base event. He finished his report by saying he attended the budget work sessions on April 23rd and 30th.

Richard Granger also thanked everyone for coming out to comment. He said he was also excited to hear about the 300th celebration on base and thanked everyone for sharing their concerns with Ralph Bunche. He said he had not received the letters until that morning so had not had time to talk to staff or other parties about the issues. He finished his report by saying he also attended the budget work sessions on April 23rd and 30th.

Cathy Binder thanked everyone for coming out to speak and echoed previous comments that the base event was great news. She said her older son enjoyed past events but her younger daughter hasn't had the chance. She also thanked everyone for coming out to speak about the history of Ralph Bunche and the school's legacy. She said one of her many degrees is in history and that many don't know she has made it a mission to scan all of the high school yearbooks, including 11 from Ralph Bunche.

Ruby Brabo said that on April 17th she attended the Fredericksburg Chamber Legislative award ceremony and was happy to see her good friend Bob Thomas be recognized as Delegate of the Year. She said she and Bob have worked well together over the six years when he served on the Stafford Board of Supervisors and that the relationship has continued now that he's at the state level. On April 18th, Brabo spoke at the Hopyard Homeowners Association meeting. She attended the budget work session on the 23rd and 30th as well as the Electoral Board appreciation dinner on the 25th. On May 1st she was the guest of Stu Ashton at the Community Foundation Philanthropy Luncheon. On May 2nd she attended the National Day of Prayer and on the 4th she spoke at the Ralph Bunche Alumni Association meeting.

Brabo continued and said it was fantastic news about the base fireworks. She also thanked RBAA for sharing their concerns and letters and felt that it was obviously their project and their history and that their support was extremely important. Brabo said that the Mallows Bay issue needs to stay on the radar and asked for a new, updated letter be sent to all of the representatives as it has a big impact on the base. She then asked if the language in the No Wake Zone ordinance could be clarified as some residents were worried it applied to the entire Upper Machodoc Creek. Dr. Young said the ordinance is named after the Upper Machodoc Creek but the No Wake Zone boundaries are approved by Virginia's Department of Game and Inland Fisheries (DGIF). Young said they deliberately measure the boundaries. Brabo asked if there was a way to add that as a reference point int he ordinance and Young said the purpose was to allow other property owners to pursue a No Wake Zone if they wanted so that constant amendments to the ordinance wouldn't be needed. Brabo asked again if that was the only area, and Young said yes it was.

Brabo then read a letter from Juan Marte, CEO of KGI Communications, thanking her for speaking with the National Association of Counties (NACo) regarding the delay in acquiring approval for the non-line-of-sight frequency. Brabo then went on to issue County Challenge Coins to Heather Hall, Angela Foroughi, Louis Pancotti, and Brad Hudson, for their hard work in helping the County. Additionally, she read a Resolution to this effect stating that they "went above and beyond to ensure due diligence was done regarding the Heilman project..." and for "Making a Difference" in the County.

(l to r) Foroughi, Hudson, Pancotti, and Brabo.

After the Board approved the Resolution, Dr. Young further clarified the No Wake Zone was hard to miss as the bouys were already in the water and very conspicuous.

Jeff Bueche, in a report nearly as long as Brabo's, made up for not giving reports at the last few meetings. On April 9th, he participated in the Local Emergency Planning Committee meeting which he felt was very educational. He said the information in the Tier II Facility Summary Report prepared by Monique Dina was going to be useful to the fire department for training as well as hazmat responders. On April 10th he participated in the Meet In The Middle torch run and was proud of his wife Ann and everyone else who worked to put on an amazing event. That same day he also went to the Tappahannock Region Local Government Round-table to discuss the Chesapeake Bay Watershed Implementation Plan (WIP) Phase III. Bueche said he had concerns about the WIP as it straddled the line between appropriate regulation and over regulation. He said the Bay needed an intervention but that due to years of regulations and oversight, the grasses and crabs are returning to the Bay in numbers that haven't been seen in decades. Bueche said he felt like the initial phases of the WIP worked but putting the financial burden on localities to enforce stricter rules was concerning.

Bueche continued his report saying he participated in the April 16th Board meeting remotely and was there for the budget work sessions on the 23rd and 30th. Also on the 23rd, Bueche said he visited the Purkins Corner Convenience Center and was pleased to see the employees were helpful and that the site was clean. He said there's a tendency to only hear the negative complaints and felt it was nice to share some positive news. Bueche said he felt the experience was not the exception but rather the norm. On the 25th, Bueche attended the Election Workers Appreciation Dinner and was impressed by the volunteers who dedicate so much time to protect the integrity of our democracy. He thanked Lorrie Gump, Registrar, for her help. On May 2nd, Bueche attended the National Day of Prayer. Regarding the comments from the public, he said it was good to hear both sides to gain insight.

Brabo added that as a point of interest, she had reengaged discussions with Vakos and Jarrell and would be meeting with them this week. Binder asked what the discussions concerned and Brabo said the Ralph Bunche building, the old King George Middle School, and the School Board Office buildings.

The Consent Agenda was approved.

The County Attorney, Eric Gregory, had no report.

Bueche then asked for an update on the Fairview Beach Residents Association and a letter of credit related to the Army Corps of Engineers study. Gregory said the letter of credit was part of the agreement and amendments to the agreement are allowed. Bueche asked when a draft could be reviewed and Gregory said he would try to provide one by the next meeting.

Next on the Agenda was Steve McKeever from Virginia Department of Transportation (VDOT) to discuss the proposed Secondary Six Year Plan. McKeever asked the Supervisors if they had the drafted list in their packets and Brabo said they do but it's sideways and hard to read. After some wrangling of paper copies McKeever continued without any formal presentation in an attempt to simplify the process. He said that Peerless Lane is nearly complete and Chatterton Lane will begin construction in about two months. McKeever said he and his crews visited each road in question and even videoed each one, to get an estimate of how much it would cost to pave them. He said based on that, he highlighted in the list which roads he thought would be best to pave with the funds available. He asked the Board to approve the final list by their first meeting in June.

Binder asked about Alden Road and said it was mentioned last year. She said a lot of elderly residents live on the road and that it is subject to flooding in some areas and that it washes out in others. Brabo said that because of the low vehicle count and the length, it couldn't be done but agrees that it's dangerous and problematic. She suggested maybe there could be a temporary fix. McKeever said they could look at it again but that some drainage pipes fall under the definition of bridges because of their size.

Brabo reminded McKeever that the Board has looked to stretch funds by paving shorter roads in an effort to pave as many as possible on the list. She chided him for changing the order and that citizens are going to be mad. McKeever said he hasn't changed the order of the list and that they were simply listed in order of vehicles per day. Brabo said that citizens don't see it that way. McKeever said he didn't rank anything as a priority, just listed them in order of vehicle traffic. Brabo asked why he suggested paving the roads he did to which he said it based on numerous factors. In addition to the number of vehicles traveling the road each day, McKeever said he also looked at length, estimated cost, and the number of homes on each road. He said many of the ones he suggested were off Highway 301 in the Dahlgren District and they totaled 2.2 miles of improvements and would serve 53 homes and one church. McKeever said he felt that would give the biggest bang for our buck but that he wasn't trying to push the Board into picking these roads, instead he was just explaining his methodology.

Brabo asked if this was the year for revenue sharing to which Dr. Young said it was. Brabo said that would give the County more funding and McKeever cautioned that would be the case only if it was approved. McKeever added that some of the shorter roads also faced more complex issues, such as drainage and wetlands, and that's why their estimated costs were higher. He said if money was still left over he could try to pave part of Alden Road. Brabo said she didn't have any heartburn but hasn't heard from citizens. To Binder, Brabo said that residents may not like Chestnut Hill Loop getting paved before Alden but the Board didn't have to decide tonight.

Bueche said he had a few more wrenches to throw at him but felt if McKeever could dodge a wrench, he could dodge a ball. Bueche said Dixon Lane looked like a better choice as did Woodland Way. Granger said he drove all the unpaved roads in the past and took notes on each one. He said some have school buses and that families may have moved into those areas since then. Binder said she knows a bus used to go down Ivy Hill Loop but doesn't this year. McKeever also added that between Chestnut Hill Loop and Dixon Lane that there was a large gap in the number of homes they served. He said he thought about adding Dixon Lane but needed to keep some money on hand to address other issues in the County as they arose. Brabo asked if he needed a motion and Dr. Young said the Public Hearing had already been advertised. McKeever added that before their next meeting, he would like to know what the Board was thinking so he could enter it into the work portal before it closed.

Next on the Agenda was the Ralph Bunche Arts and Humanities Center (RBAHC) Letter of Intent Presentation by Marsha Stonehill and Julie Chatman. Before they began, Dr. Young added for clarity that he has never had a conversation with either Vakos or Jarrell and that the meeting was only set up a few hours earlier. Stonehill and Chatman took turns presenting various portions of the planned development of the Ralph Bunche High School. With a timeline of three years to raise $6 million dollars, specifically $2 million each year, the Arts and Humanities Center would restore the school and provide museum space for the Ralph Bunche Alumni Association (RBAA) as well as meeting areas for a variety of events. A restaurant could help provide revenue over the life of the project as well as leased office space. Artist studios and a gallery is also planned along with classrooms that could be used to teach art. With economic benefits to King George County, especially related to tourism and tax revenue, Stonehill and Chatman said the project is unique and offers a service unlike any other in the area. They said the location and history are great and the project is aligned with community planning.

Binder asked for clarification on the items that were removed from the building. Stonehill said that when she and others went to the building to get a program estimate, they discovered architectural plans and documents in a non-climate controlled environment. She saw it as an opportunity to better preserve them and thus removed them and notified Dr. Young.

Bueche asked for clarity about the funding. He said there was a lot of talk about $6 million and wanted to know if there were benchmarks along the way. Chatman said that yes, in the drafted Letter of Intent (LOI), the Ralph Bunche Arts and Humanities Center would be required to obtain $2 million in funding each year for three years. Bueche asked that if the LOI was ratified, could the County come back in a year and nullify the agreement if RBAHC didn't get the necessary $2 million. Chatman said that was correct, if RBAHC didn't get the $2 million in a year, the agreement was void and the property would remain under the control of the County.

Brabo said that, recognizing the current situation with the earlier revocation of support from the Alumni Association, could this plan be considered for a different building. Stonehill said not for her personally because the proposal was inspired by the importance preserving the African American heritage of Ralph Bunche. Stonehill said she felt that now that the plan is public, the County's endorsement would allow for a more aggressive pursuit of donors and philanthropists.

Binder asked how can RBAHC do it better than a big corporation or big developer. Chatman said the RBAHC can do it better because we live in the County and care about the County. She said the facility is something feeds back into the County while developers may be more concerned with adding something else like apartments. Stonehill added that there's a potential that a developer would donate money to the project but said these types of things are more about collaborating rather than competing. She also said that previous statements frequently mentioned only her name and she felt that instead of it being "Marsha Stonehill will, it's we will." Stonehill said it's an effort of many people and has to be endorsed by the community. She said there has been a lot of apprehension but with the County's endorsement, she feels that apprehension will subside.

Granger said that because of some of the comments tonight, he would like to do more investigating. He asked what the impact would be if the Board waited two weeks before deciding. Chatman said there would not be an impact and offered to address anything mentioned previously in the meeting. Granger said he would prefer to table the decision until later.

Jenkins said it was too important of a project to make a rushed decision. However, he did not want to just continue to kick the decision down the road and would like to make a decision by the next meeting. Binder said that most on the Board only heard about the project the day before. She said her daughter plays soccer on the fields below the school and there are a lot of broken windows. She added that the mold is bad inside and that it should be addressed sooner rather than later. Chatman asked if it was the project itself of the opposition that Binder had just learned about and Binder said it was the project. Binder said she would like to study it more before making a decision. Brabo said that Bueche and Binder didn't have the historical knowledge on the project.

Bueche said that, speaking for himself, he liked the concept. However, he did not like two nonprofits that have a similar vision but can't seem to get along. He felt it was a power struggle over a building that belongs to the citizens. Bueche said he wants to see something happen with the building and there have been a lot of dreams and delusions of grandeur, but nothing has happened. He said that the building is still there decaying and that it was unfortunate that three organizations, the Dahlgren Heritage Museum, the King George Historical Society, and the Ralph Bunche Alumni Association, can't collaborate to house everything in one place. He felt that would be a benefit to everyone in King George. Bueche said he was not willing to commit any County money to building at Ralph Bunche as long as there are other needs in the County. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is a lifetime member of the King George County Historical Society.]


Brabo moved to postpone any decision until the next Board meeting and the rest of the Board approved.

Stonehill added that Larry Abell was present in the audience and it might be a good time to ask him about the building. Abell stood and said he was the President of the Maryland Veterans Museum at Patriot Park in Maryland. He said it felt like deja vu with all the discussions that occurred. He said the project in Maryland had a building with a similar age but in worse condition. He said the county was going to demolish the building but his non-profit group worked to get involved to preserve it. He said it took them eight years to deal with a bad roof, mold, asbestos, and lead paint but in the end they had 20,000 square feet of exhibit space covering everything from the Revolutionary War to the Gulf War. Abell said their plan was for a county museum but it has turned into a state museum instead because of their support. He said a project like this can happen and that it's a place for the community. Abell said they've hosted everything from weddings to funerals. He said they have to take the first step and believe in each other.

Dr. Young said he wanted to address two things that were left a little ambiguous. First, he said the Board was not aware of the proposal's details because, as with any project proposal, the Supervisors see the highlights. He said that a proposal of 80 or more pages, regardless of who it comes from, it too much for the Supervisors to digest. Instead, he said the full proposal goes to staff and has the development office give the Supervisors a summary of the proposal and keeps the full proposal in his office for their review if they desire to do so. Second, regarding the removal of documents from the school, Young said that normally he would lead the tour of a County building. Due to scheduling conflicts, and that there was County staff in the building, he felt comfortable not being present. He said that Stonehill was going on vacation shortly after her tour so he went to pick up the documents himself since they did belong to the County. He added that having documents like this in a non-climate controlled environment was part of his reason for pushing to implement a document scanning project.

Bueche asked if County staff reviewed the proposal and if they did, what was their recommendation. Young said they had reviewed the proposal and the recommendation was to approve the signing of the Letter of Intent. He said that was before the concerns were raised by the Ralph Bunche Alumni Association. Brabo added that previously the Arts and Humanities Center had letters of support from the Alumni Association. Bueche asked if Jordon could stand again and answer a question about their vote on Saturday. Jordon said the Executive Committee had met earlier and voted for no confidence and then the general membership voted for no confidence on Saturday. Bueche asked when the Executive Committee met and made that vote and Jordon said she didn't have the date on hand but they meet once a month.

Bueche said the plan looks good on paper and seems like a viable project. He asked Jordon what would the Alumni Association do if this project didn't go forward. Jordon said the Alumni Association's plan has never changed. She said the County spent $65,000 on the Wiley Wilson report and that it was to be an education project. She said that every time a developer gets involved, the plan morphs. She said there was nothing wrong with the original plan from Wiley Wilson and the Alumni Association recommends every developer look at it. Bueche said that the previous plan didn't come to fruition. Jordon said that was because the developer couldn't work with the County. She said that whoever comes next, they need to have the funding to hit the ground running with shovels in the ground and hammers on the wall. Jordon said the building is going down and so are the alumni. She said there was no conflict between the groups, it just fell apart when the funding wasn't there. She said again that she was a founding member of the Arts and Humanities Center's Board.

Binder asked how can we be promised that a new developer can offer anything. She felt the important part was to keep the story alive for the people here instead of arguing about it. Jordon said she was just saying that a neophyte group isn't the one to use but rather an established group is the way to go. Bueche said he thinks things may have changed when a developer showed interest and that it may be a single organization's project instead of a joint project. Brabo said that was what she mentioned earlier but that the general membership of the Alumni Association had already voted before that. Binder said that not all members knew about it beforehand. Brabo said there was no disclosure to them beforehand and that she spoke to Vakos and Jarrell only this morning. Granger interrupted and said he felt the meeting was getting out of order with the discussion.

Next on the Agenda was Ryan Gandy, Director of Economic Development, who proposed a new tax rate be created for data centers. He said this would allow King George to be competitive with surrounding counties as current zoning does not address data centers and therefore a tax rate can't be adopted for them. A Public Hearing was approved.

Gandy then presented along with Pearson about the Civil War Trails Application for tourism funding for signage. There were four proposed signs to be installed in the County to mark significant events from the Civil War. The funding would not be a grant but rather straight funding to pay for five years of membership. The Board approved. Jenkins added that he was excited to finally see this happen. He said the Civil War industry was huge and he could see a lot of tourism in the area. He thanked Annie Cupka for putting in a lot of work prior to her leaving to make it happen. Binder added that Elizabeth Lee is also working on a new John Wilkes Booth book about his route through the County.

Gandy and Pearson were joined by Jordon to discuss the Fall Festival applications for tourism funding. Brabo said every year they go through the same thing and ask for explanations and consensus from the Board and recommended they give the Fall Festival Committee the same amount as they gave them last year. Pearson said the decision was tabled in order to get the after action report on the Fall Festival and that the report is in the Tourism Advisory Committee agenda where they talked about inflatables. Brabo said that wasn't the intent of the funding but rather it was for marketing. She said they've removed inflatables in the past and again recommended they do so this year and explain that the funds were for marketing. Pearson said that was why they tabled the decision and didn't know it would be on the Agenda for tonight.

Binder asked if she could get a copy of the state law because she continues to hear about inflatables but needs to know what the law says about funding. She said that in the minutes there was an obsession with attendance but felt it was hard to track. Pearson said Brabo suggested they try to capture demographics in an effort to improve attendance because that drives tourism funding.

Gregory offered to cite the law on tourism funding. After reading it, he said it authorizes the County to levy a transient occupancy tax and as long as the County consults with those tourism organizations, it can spend money on tourism. He added that the Tourism Advisory Committee (TAC) has that as part of their Charter. Binder joked that there was no mention of inflatables. Bueche said he had no problem moving forward with the staff recommendation. Gregory said the organizations only need to provide input and the Board doesn't have to agree. Granger said he felt the TAC needed to make a decision first before the Board did. Everyone voted in favor of a motion to table the decision except for Binder.

Brabo said it was enlightening. After misguidance six years ago she felt the need for clarity going forward. She asked if the TAC had a copy of what Gregory just read. Gregory repeated himself that the language is in their Charter. Gandy added that each jurisdiction does it different. Some hire employees while others spend tourism funds on events. Gregory agreed saying that some counties hire staff while others build ball fields.

Next on the Agenda was Chris Clarke, Director of Parks and Recreation. He began with a presentation on the proposed update to the Bylaws for the Parks and Recreation Advisory Committee. Brabo said she had concerns about his staff putting up and taking down signage. Clarke said that was his next point and that he was talking about the Bylaws. Binder said she appreciated the update to the Bylaws because she used to serve on that Committee. Clarke said they had to make several updates because what the Committee was doing, such as meeting times, was different than the Bylaws. Additionally, some new changes needed to be made to address quorums and the student representative. The Bylaws were approved.

Clarke then presented his request for the creation of a policy regarding signs and banners for facilities. He said there is currently no policy on the construction of signs, size, or content on signs and banners that are displayed in parks. Brabo repeated her earlier concern about staff placing or removing signs. She said that was a concern to her because it seemed like additional work for staff. Clarke said that as the policy states, either County staff or the organization can put a sign up or take it down. He said right now it's just the King George Little League that has a lot of signs. Brabo again asked why staff would be involved. Clarke said the intent was to make the policy work for future plans of the Parks and Recreation Department installing sponsored signs. Clarke further explained that these would be affiliate signs that the County could earn revenue from. Brabo asked Gregory if the language needed to be clarified to address this. Gregory said he felt the language was clear enough. Bueche commented that it sounded like he was proposing what they suggested the schools do for their fields so seasonal signs could be installed. Dr. Young said the reason for the request was that the Little League was asked to install a sign for a political candidate. Because of the request, they realized there was no policy in place. Young said the policy would ensure there is a guideline, not just for political signs but also to prevent hate speech. The Board approved the policy.

Clarke then presented information on the Complete Census Count Committee. Brabo asked if the meetings would be in the evenings. Young said he wasn't sure since the Committee hasn't been established yet. Brabo asked if they would meet during business hours and Clarke said it wasn't clear yet. Young said it was best to assume they would meet in the evenings for now. Brabo asked if anyone was interested on the Board in serving since her plate was already full. Granger offered to serve as the representative. Bueche asked if he was sure since he had already taken one of his seats in a previous meeting. The Board approved Bueche serving as the representative as well as the rest of the individuals listed in the Agenda. Bueche thanked Granger for being willing to take on another duty.

Dr. Neiman Young then gave a brief report saying that all of the air conditioning units had been replaced at the Courthouse and the mold remediation had been completed. He said Mike Muncie, Director of General Properties, spent over 30 hours of his own time on weekends ensuring the project was completed. Young said the Deputy Treasurer, Camyell Pratt, completed the necessary training to participate in the Virginia Department of Taxation's Debt Set Off Collection Program, allowing the County to realize over $300,000 in revenue. He thanked Muncie and Pratt for their hard work and service to the community.

The Board then went into Closed Session at 9:20pm and invited Gregory and Young to attend. They returned from Closed Session at 9:50pm.

Once back in Open Session, the Board voted to remove Sandy Pearson from the Tourism Advisory Committee. All of the Supervisors approved with Brabo abstaining.

The meeting adjourned at 9:51pm.

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 May 21, 2019 at 7:00 pm at the Revercomb Building.

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

Friday, May 24, 2019

2019-05-07 - Service Authority Meeting Notes

by Neil Richard

The Service Authority Board of Directors opened their meeting promptly at 6:30pm as a few audience members took their seats.

There were no amendments to the Agenda.

Mike Bennett, Chairman, gave the audience a brief reminder that there would be two Public Comment sections tonight. The first was for general comments to the Service Authority Board while the second comment period would be for the Public Hearing on the new rates later in the evening. With that, he opened the floor for comment.

There was no Public Comment.

Christopher Werle began his report with an update on the April 26 meeting he attended with Bennett, Jonathan Weakley, General Manager, and Dan Sweeney, Vice President of Hazel Land Company [Editor's Note: Dan Sweeney is not related to former Service Authority employee Scott Sweeney]. Werle said the meeting was to get information on the Hopyard Farm water and sewer needs for the planned residential and commercial developments. Werle said the current permitted capacity of Hopyard Farm Waste Water Treatment Plant (WWTP) is 375,000 gallons per day but could be increased to 500,000 gallons without any plant modifications. He said the plant could handle 1 million gallons per day but would need a physical expansion to do so. Werle ended his report by saying he attended the April 30 budget work session.

Cathy Binder opened her report stating she had also attended the budget work session as well as numerous other agenda meetings. Binder said she had also met with several citizens about their concerns with the Service Authority. She also thanked County employees Kim and LaWanda who found several scrap books that documented much of the history of the Service Authority from the mid 1970s to the 1990s. She aid they were really big books so they can't be scanned easily but was surprised to see that many of the same problems we have now were present back then. Binder said the Board wants to fix the problems as best as they can but it's hard to right a ship that's been tilting for awhile.

Ruby Brabo echoed Binder's comments and said that a lot of people expect the Board to fix things overnight. She said the problems happened over several decades of mismanagement. Brabo said she also spoke on April 18 at the Hopyard Farm Homeowners Association and attended the same April 30 budget work session.

Mike Bennett reported that he attended the April 26 meeting as Werle had already stated and felt it was a productive discussion on current and future needs. He also echoed Binder in attending several other agenda meetings. Bennett said that the scrapbooks Binder mentioned were a great find but he couldn't decide "if it's comforting or horrifying that we face the same issues." Bennett ended his report saying he also attended the April 30 budget work session and again wanted to thank the citizens for all their help.

The Consent Agenda was approved.

The County Attorney, Eric Gregory, had no report.

The Public Hearing on the proposed rates was next. Weakley gave a solid overview of the changes prior to the floor opening for Public Comment. Weakley said his presentation was similar to the April 30 budget work session but included a few extra details for the public. He said the total expenses would be $6,528,884 which was a $632,944 increase over last year. He said the increase was larger due to water and sewer maintenance needs. Water maintenance increases $175,728 and sewer maintenance increased $356,142. Out of $6.5 million in expenses, $2,270,851 was just for debt payments. With debt fees for water and sewer totaling $1,863,980 in revenue, there is a shortfall of over $400,000.

Weakley said the proposed ten percent increase would be across the board except for bulk water charges, unusual waste water charge, and septic disposal fees. He also said that deposits and tampering fees would remain the same. When Weakley said that the unmetered customers would also see a ten percent increase, Bennett asked about a letter that was sent to all unmetered customers. Weakley said the Service Authority was unable to locate any records of a letter being sent but the Finance Department may have done so. Either way, he said they'll work with the roughly 75 unmetered customers to develop plans to install meters.

Weakley continued his presentation by saying the minimum bill, based on 3,000 gallons per month, would increase by $6.67 per month or $13.33 per bill. He said the average rate increase, based on the average bill of 10,000 gallons per month, would go up by $11.95 per month or $23.90 per bill. Weakley said the rate increase would address the water and sewer maintenance backlog as well as the current Department of Environmental Quality (DEQ) Consent Order. Additionally, he said it should reduce or remove the need for payouts, or fees, for under-performing WWTPs. He said lyear, the Service Authority paid over $140,000 in these payouts. Weakley said the rate increase "won't fix everything at once but would give us solid footing moving forward."

The floor then opened for Public Comment. There was none.

Bennett said the plan was to vote on the budget and the rate increase at the next meeting so their was no vote tonight.

Weakley then gave a brief General Manager's report. He said they were working to update the lead and copper sampling plans and since the issues in Flint, Michigan, everyone was more concerned about them. He praised Kyle Conboy, GIS Manager, for making his life easier in using the GIS system for their plans. Weakley said that if the Service Authority calls citizens about this sampling, it's not because they feel there is any danger but rather because they need to take samples and send them to the Virginia Department of Health. He said regardless of the test results, they are shared with the residents. As it was explained to me when I volunteered to participate, residents will be given instructions on how to collect samples from inside their home later in the summer, usually August. Once the samples are collected, they're sent to a lab for testing and then the results are sent to VDH, the Service Authority, and the resident. The purpose of the test is to ensure the water supplied by the Service Authority isn't causing a homeowner's pipes to leach lead into their drinking water.

Weakley continued his report saying they did a pre-inspection of the School Board Office building and the old King George Middle School prior to VDH inspecting them. Additionally, they met with Potomac Landing Developers to discuss the utility infrastructure and sent several alerts regarding the upcoming hydrant flushing in Fairview Beach on May 9th. Bennett interrupted and said that if anyone is a Service Authority customer, he recommended signing up for KGALERTS. Bennett said you could sign up just for those alerts related to the Service Authority so you don't necessarily need to be flooded with school or gym class cancellations.

Weakley said they will meet with Wiley Wilson regarding the Preliminary Engineering Report (PER) for the pump stations and met with DEQ regarding Purkins Corner WWTP improvements. He said he met with a developer to discuss an upcoming rezoning request in the Dahlgren Gateway Plaza and continued to hold weekly management meetings.

Brabo said she wanted to remind everyone that round table discussions regarding developments in Dahlgren should include representatives from the Dahlgren Navy base. She said the base has concerns about rezoning in Dahlgren which is why the Board of Supervisors voted to "undesignate Dahlgren as a Primary Settlement Zone." She said she wanted to make sure a base representative was present. While it remains unclear if the Supervisors did indeed make this vote, it is clear that the Navy supports keeping Dahlgren as a Primary Settlement Area.

Weakley said there was somebody there from the base but he forgot her name. He said there was also representation from Virginia Department of Transportation (VDOT) and other parties. Bennett thanked him for all of his hard work, especially considering this was his first budget cycle.

The meeting adjourned at 7:03pm.

Meeting Attendees:
Christopher Werle (Board of Directors)
Jonathon Weakley (General Manager of Service Authority)
Richard Granger (Board of Supervisors)
Michael Bennett (Chairman, Citizen)
Ruby Brabo (Board of Supervisors)
Cathy Binder (Board of Supervisors)
Neiman Young (County Administrator)
Eric Gregory (County Attorney)

Meeting Agenda

Next Meeting:
The Service Authority will next meet on May 21, 2019 at 6:30 pm at the Revercomb Building.

Previous Meeting:
Read about the previous Service Authority Meeting.