by Neil Richard
The Board of Supervisors began their meeting at 7:12pm much to the delight of Jeff Bueche.
There were amendments to the Agenda to shuffle the order of the meeting in order to move the Service Authority resolution out of the Action Items to just before the County Attorney's report.
Public Comment began with Jim Lynch giving the Supervisors an update on the recently held 50k and half marathon races on the Dahlgren Railroad Heritage Trail (DRHT). Lynch said everyone was happy that the weather cooperated and that none of the runners got "cooked" out there. He said a total of 121 runners, the largest for the event, participated and some came from as far away as California. He said Steve DeSantis finished his 11th year running the 50k this year. Lynch also said he had never seen a woman outrun the male competitors to win a race but this year's half marathon winner, Leigh West, was able to do just that by about two minutes. He also thanked all of the volunteers that helped make the event possible, including King George High School Cross Country Coach Paul Koepfinger and his team as well as Jack Deem and the King George Radio Operators. Lynch also thanked Don Kirkpatrick and the Fredericksburg Railroad Historical Society, the neighbors in the Meadows and Indiantown Road, as well as sponsors High Mark Brewery and River Rock Outfitters. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is the Treasurer of the Friends of DRHT.]
Next to speak was Justin Grimes who came to voice his concerns over the special exception request from the Estate at Whitehall. Grimes, a neighbor of the Estate, said that wineries in Lake Anna and other parts of the state hold weddings and events but they are not held in subdivisions like his. He said he would be the figurehead of the opposition even though he has been threatened by patrons of the Estate. Grimes said he could not enjoy a peaceful weekend at home when over 350 people attend events. He said his children can't ride their bikes or go for walks because of the increased traffic on the road. Combined with alcohol being served, he felt it was a recipe for disaster. Grimes said that large and wide party buses frequently miss the entrance and have even run a neighbor off the road. He said he can hear the music in his daughter's bedroom when putting her to bed at night. Grimes said that the evidence is there to prove the Estate holds more than what the owners have stated while under scrutiny from the County. He said he moved to Whitehall Road for the peace and quiet. While Grimes has no problem with people running a business, he said ruining a neighborhood isn't right. Grimes said the discrepancies between the application and the documents is easily seen and asked the Supervisors to imagine living across the street from this event venue.
John Jenkins opened his report by thanking Lynch and Grimes for speaking. To Lynch he said it was good to hear about the trail and the events hosted there. He said it was a great reflection on the community bringing people in. He hoped some of those people spent money in the County. To Grimes, he said he appreciated his comments and concerns. On June 20th, Jenkins attended a joint meeting with the Service Authority and the Economic Development Authority (EDA) to discuss the small business incentives and was glad that the discussion is still continuing. On June 24th he attended the Comprehensive Plan meeting and on the 26th he was honored to swear in the newest class of fire and rescue personnel.
Richard Granger thanked Lynch for his report and told Grimes he appreciated him coming out early. He said there was no vote before the Board tonight to approve the Special Exception but instead it's a vote to send it to the Planning Commission. He thanked Grimes for his input and said the more info, the better. He encouraged him to continue to be engaged and that he valued Grimes' input. On June 20th, Granger attended the same joint meeting previously mentioned as well as the one on the 24th. On June 27th he said he attended the Northern Neck Tourism Commission meeting and said the group is trying to get the Northern Neck designated as a National Heritage Area. He said the first step, a study, has already been completed but they still need approval from the Secretary of the Interior and Congress. On July 15th he attended the Fredericksburg Regional Alliance (FRA) work session and said an upcoming meeting would focus on Amazon's new Headquarters and how surrounding communities worked together as regional neighbors to help each other.
Cathy Binder thanked Lynch for his update and said she wishes she could still run that far. She thanked Grimes for voicing his concerns. Binder attended the County Employee picnic on June 27th and visited Belle Grove on July 4th. She said because of the rain she managed to avoid the crowds and got a great tour of the house. On July 1st she attended a joint meeting with the base in Dahlgren, the County, and the Service Authority about joint purchasing needs. On July 18th and 19th she attended a conference and on the 24th she met with Wiley Wilson regarding the decommissioning of the Purkins Corner Waste Water Treatment Plant. Binder also attended a Dahlgren Heritage Foundation meeting in July. Binder said she also attended the welcoming event for teachers and loved talking with teachers that taught her kids and those that she had worked with. Just prior to the meeting, Binder went to the National Night Out event at the High School and mentioned the Sheriff's Office had an internship that may be beneficial to students. She ended her report by saying she would be doing a trial run on Tuesdays in September at the Library from 11am to 1pm where residents could come and talk to her. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is an employee of the Dahlgren Heritage Foundation.]
Ruby Brabo gave a lengthy report beginning with the work session meeting on June 24th. On June 25th she participated in a National Association of Counties (NACo) conference call. Brabo attended the County picnic on June 27th and a conference call on veteran suicide later in the day. On July 2nd she met with Dr. Young and others regarding the potential annexation of Lake Caledon as part of Caledon State Park. Later in the day she met with the owner of Mary's Cakery regarding the limitations of the sign ordinance. On the 9th she participated in another NACo conference call and then attended the NACo annual conference from the 11th to the 16th. On the 22nd she attended the Virginia Rural Center's Board of Directors meeting and had another NACo conference call on the 26th. On August 3rd she visited the DRHT 50k and half marathon race. Prior to tonight's meeting, Brabo also attended the welcome back lunch for teachers and the National Night Out event. She thanked Grimes for coming out and then asked Dr. Neiman Young, County Administrator, what it means to the County if the Estate at Whitehall is just now filing for a Special Exception but has been operating in violation prior to that. Eric Gregory, County Attorney, said the matter is currently in enforcement and part of the agreement was to require the Estate to apply for a special exception. He said the Supervisors have been informed during the process.
Jeff Bueche began his report by addressing Dr. Young and saying he was pleased to notify him that he was awarded the Distinguished Budget Award along with certificates of recognition for those being primarily responsible for achieving the award. With that, he called Wilma Ward, Director of Finance, and Barbara Howard-Johnson, Accounting Manager, forward to be recognized.
After photos, Bueche thanked Lynch for the update on another successful trail run. Bueche said "that's tourism." He said he's never run the trail and never will but he enjoys going there and thinks the caboose is awesome. With the majority of the trail running through his district, he said the trail was a treasure. To Grimes, he said thanks and repeated earlier comments to come out early to speak on issues. Bueche said he appreciated Grimes putting it on their radar. On June 20th Bueche attended the joint meeting. On the 21st he attended the Friends of Caledon picnic. After the Comprehensive Plan meeting on the 24th, Bueche went to the County picnic on the 27th before hosting a Town Hall at Caledon. Bueche went to the CTE Expansion Committee meeting on July 2nd and was happy to report that over the Fourth of July weekend, the Sheriff's Office and Fire and Rescue Department kept Fairview Beach safe and secure. Bueche said he posted to his Facebook page on July 12th about making improvements to Route 206 (Dahlgren Road) and three days later Virginia Department of Transportation (VDOT) began their repaving project. He said he couldn't take credit for VDOT coming out so quickly and that it was just a happy coincidence. Bueche said that while the repairs are inconvenient, they are necessary. On July 15th he attended a Fredericksburg Area Metropolitan Planning Organization (FAMPO) meeting. On the 18th he received approval from the Coast Guard to retire effective December 1st, 2019. On the 27th he attended the Fairview Beach Residents Association and reminded other local groups and homeowner associations that he is willing to meet with them as well. Prior to the night's meeting he also attended the welcome lunch for teachers and thanked Dr. Benson, Superintendent of Schools, for the opportunity to speak. Bueche said he has a good working relationship with the School Board and the County has an outstanding school system. He also stopped by the National Night Out event and thanked law enforcement for doing an amazing job protecting and serving the community. Bueche ended his report by saying he was going to begin a community outreach program by walking around neighborhoods. He said his retirement would give him plenty of time to get fat and that he was also planning to quit smoking so he wanted to get some exercise while meeting with local residents. He said he would post details on these events via social media.
The Consent Agenda was approved.
The County Attorney, Eric Gregory, had no report.
As amended earlier in the evening, the next item on the Agenda was the Line of Credit Resolution in support of the Service Authority. The Board approved it.
Next on the Agenda was VDOT's Steve McKeever to discuss the Speed Limit Increase Study. McKeever was absent so Dr. Young said he would see if he would be available for the next meeting. Brabo added that the request was for the section of Route 3 (Kings Highway) from Hopyard to the Stafford County line and the section of Highway 301 (James Madison Parkway) from Tractor Supply to the Caroline County line.
Next was a detailed presentation by Bob Dick, Vice President of SCS Engineers regarding the Landfill Odor Study. Dick detailed the primary odor sources as being the waste being received, landfill gas emissions, and leachate. He said when waste was received, handled, and placed at the landfill, it mostly arrived via truck with about one third arriving via train car. He said the smell generated from this was fairly obvious and could be compared to what people would experience in their own kitchen garbage can. He said the landfill gas was being collected via wells throughout the facility but it was fugitive gases, the gas that wasn't collected, that led to the smell. He said Waste Management has more gas wells than is required by law, more than is required by their permit, and is installing them sooner than most other landfills. The leachate, the liquid runoff from the waste, was also a source of odors and was being collected and processed. Dick said that his company found that the landfill was operated just as comprehensively as others. He said they felt like the Supervisors would want recommendations and listed several, including accelerating the final cap installation, increasing the vacuum on landfill gas wells, and using air dispersal modeling software. In conclusion, he said the landfill meets all requirements and standard industry practices. He said it was operating consistent with other landfills and was progressive enough to meet nearly all of the requirements in the Draft Odor Guidance from DEQ. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is the Secretary of the Landfill Advisory Committee.]
Granger said he appreciated the presentation and had already sent his questions earlier. He asked Dr. Young if it would be good to have Waste Management come and give their feedback on the recommendations from SCS Engineering. Dr. Young said he would invite Waste Management to the next meeting. Brabo said she was interested in the modeling software because she and other Supervisors have been contacted multiple times by residents living in Oakland Park about the smell. She said the answer she has heard Waste Management give is that they can't smell anything but thought the software would be great because it would help understand how weather impacts the dispersal of the odor. She said it may also help so that residents don't feel like they're being called a liar when in reality it may have smelled bad earlier due to the weather. She said that if residents know the odor is coming they may not be as upset about it. Dick clarified that there is no meter than can be used to measure odor. He said each individual has different sensitivities and everyone has a different opinion on what smells bad. He said some people may like the smell of a certain flower but others may not. Brabo said she had heard Waste Management responds to odor complaints with a meter. Dick said this was a Jerome 631-X meter that measures hydrogen sulfide which is commonly referred to as a "rotten egg" smell. He also said there's no such thing as a zero odor landfill yet.
Next on the Agenda was Heather Hall from the Department of Community Development who presented the request from the Estate at Whitehall for a Special Exception Permit. Hall stated that the County had received complaints about the venue and issued the Estate a notice of violation in June 2018. With no response from the owners, David and Bethany Cassell, another violation notice was sent in July 2018. This finally prompted a meeting between the owners and the County in August 2018 where Hall said the Cassells felt they were exempt from the requirement to get a permit because they were a winery. At that same meeting it was agreed that the County would cease issuing violation notices and the owners would cease holding events until a permit was approved. Hall stated the Estate continued to host events for all of 2018 and 2019 and didn't obtain a Virginia Alcohol Beverage Control (ABC) Authority License until May 2019.
Granger said he felt like the Public Hearing should go before the Planning Commission first. He said he spoke to Grimes and the Cassells before and he was under the impression that the Estate would stop holding events and would respect the County's ordinances. Gregory said there were some flaws in the violation notices and the County encouraged them to file for the Special Exception Permit. He reiterated that the County agreed to suspend further notices until they got the permit but that the enforcement actions were still outstanding and that each additional event was another infraction that potentially exposes the owners. Bueche said "that's bullshit." Granger gently chided Bueche on his language before stating it was upsetting to him that the owners want to move towards compliance but the continue to not care. Granger asked rhetorically what that does for the County trying to enforce ordinances with others. Bueche asked what good an ordinance was if it wasn't going to be enforced.
Gregory said the issue with farm wineries is a matter of great controversy and that other localities are in litigation over the issue. He said there are ordinances on the books and that action of the owners to continue to hold events has an impact on the Supervisor's decision. Gregory said he hesitated to offer further commentary because of the sensitive nature of the topic but would be happy to discuss it further in Closed Session.
A motion was made and seconded to table the decision until a Closed Session discussion could be held. Before approving that decision, there was more discussion. Brabo said she found it disturbing that the County is encouraging small business and entrepreneurs when it appears someone has a blatant disregard for zoning, ordinances, and the health and welfare of neighbors. Jenkins added that he may not have the legal background but felt it was setting a precedent. He said he was a pretty fair guy but felt this was insane. Binder said she knows another winery is looking to get a Special Exception Permit and they were doing all the right things and wondered what kind of message this sent to them. Brabo said there needed to be a serious course of action taken. Bueche said there are things everyone would like to see or not like to see but there was a process to go through and it can be time consuming. He said it wasn't right they should be able to take a short cut, especially with a special exception.
Heather Hall stayed at the podium and presented her next item, an amendment to the County's Erosion and Sediment Control Ordinance. Hall said this was mostly a housekeeping change to stay in line with state code. The Board approved putting it before the Planning Commission as a Public Hearing.
Next was a presentation by the Department of Economic Development for the approval of tourism funding through the Tourism Advisory Committee (TAC). Dr. Young said that Kim Young was scheduled to present but was celebrating the birth of her first grandchild who was born earlier in the day. Bob Baird was there to present on behalf of the TAC. Baird gave a summary of the four applications that included:
Baird and Young said the TAC and County staff recommended full funding for both requests from Parks and Recreation. Brabo said she appreciates that it's tourism related but wanted to know if it was part of regular maintenance or not. She said the Citizen's Center was not something used by tourists all the time. Binder said she was torn on that one because the Historical Society could use that $1,000 to improve the electrical connection but it could also fall under maintenance. Brabo said she felt the electrical request was an upgrade, not regular maintenance. Granger asked how many events were held at the Citizen's Center that brought in people from outside the county. Young said he wasn't sure but that four events were scheduled to be held there for the 300th anniversary. Baird added that David Zabelsky, the manager at the Holiday Inn Express in Dahlgren, was looking forward to an improved facility to recommend his clients to that need a larger space. Bueche asked if it was an enhancement or a repair to which Baird said a little bit of both. Young agreed and said the electrical request was more of an upgrade while the Citizens Center request was due to a lack of maintenance. Binder asked if there was enough money in General Properties to cover the costs and Young said there were other properties to maintain as well. Brabo said that issues were created in the past when tourism funds were used to cover regular maintenance and repairs instead of using general funds. With that the Supervisors approved the request to make electrical improvements and denied the request to replace and repair ceiling tiles and lights.
The Board then tackled the large request from Jazz in the Country. Baird said the TAC recommended funding only $5,000 for advertising but also recommended a second tier of funding of $15,000 to cover expenses only if the event did not meet first year attendance level goals. He said the TAC wasn't keen on adding to the profit margin of the group but felt the first year of any event was risky and felt that covering some expenses was good. Young said that staff recommended funding only $1,000 and had severe reservations on giving so much money, especially to one without a proven concept. He said staff couldn't see giving twice as much to a brand new event than what is given to something with a long history like the Fall Festival. The Supervisors approved $1,000.
Regarding the Backporch Vineyard's request, Baird said the TAC recommended $2,500 while Young said staff recommended tabling the decision until more information could be gathered. Young said some of the information in the application appeared to be related to start-up costs instead of advertising. Brabo asked if their special exception permit had been approved yet and said she didn't feel comfortable giving money if they haven't gotten their permit yet. Young said they didn't have a lot of information on them yet and would rather wait. With that, the Supervisors tabled the decision.
Brabo added that she was excited about the Jazz in the Country event but said that there needs to be some caution used when dealing with a new event. Bueche said that the KG Que Fest lost a lot of money from outside investors but the TAC didn't put money into it.
Next to the podium was Lavita Cobb from the Department of Finance who presented a request for a $246,973 change order on the Middle School expansion project. Binder said she was a little upset about this because the building is old and there should have been some forethought used when considering the upgrading of communication lines. Brabo agreed and said that some things can't be controlled like the discovery of the power line or the price of asphalt but the upgrade to existing communication lines should have been planned for. After some side discussions and commentary, Young added that the project is large and complex and that change orders are to be expected. He added that this wasn't a "bait and switch" and that the contractor has found ways to save money along the way. Bueche said that while he would normally like to see something like this go through the Capital Improvement Process (CIP), he felt the best decision for the taxpayer was to do the work now while the building is under construction rather than wait until later. The rest of the Board agreed and approved the request.
Wilma Ward, Director of Finance, then presented a grant for the School Resource Officer that required a local match of $22,853. The Board approved.
Next on the Agenda was a discussion on work session dates for the Comprehensive Plan and the CIP. The Board settled on August 21, 2019 at 5:30 pm for the Comprehensive Plan meeting. For the CIP meetings, the Board agreed to meet on September 10, 2019 and September 18, 2019 at 5:30 pm and planned to include the Citizen Budget Advisory Committee members.
Dr. Young then gave his County Administrator's report giving the Board short updates on the 98th Civil Affairs bringing in a small team in August for an exercise. Young also said that all of the positions on the Tourism Advisory Committee (TAC) would expire at the end of August and that he recommended Kim Wilson replace Ryan Gandy on several tourism related seats, which the Board approved. Brabo noted that there were several empty seats on the TAC and suggested her peers come with recommendations at the next meeting. Young added that the County had published their Economic Development Strategic Plan and said printed copies were available as well as electronic copies online. He said printed copies were limited and when they ran out, he would need to talk to the Board before printing more as they cost about $13 per copy to print.
Young also gave kudos to the Fire, Rescue, and Emergency Services Department. He said dividends had paid off in their purchasing a drone. Young said a boat went missing on the Rappahannock River and both the Coast Guard and Caroline County emergency services were unable to locate it. He said they called in King George to assist with their drone and the boat was quickly located.
Young also updated the Board on the recent request for a broadband grant. Young said two businesses came forward but only one, KGI Communications, was a good match. He said that the proposal from KGI was much better than their proposal in previous years and had addressed previous concerns. The Board gave consensus to move forward.
The Board then went into Closed Session at 9:17 pm with Dr. Young and Eric Gregory invited to attend. They returned from closed session at 10:11 pm. The Board then approved a third amendment to Dr. Young's employment agreement.
The meeting adjourned at 10:12 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
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The Board of Supervisors will next meet on August 20, 2019 at 7:00 pm at the Revercomb Building.
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The Board of Supervisors began their meeting at 7:12pm much to the delight of Jeff Bueche.
There were amendments to the Agenda to shuffle the order of the meeting in order to move the Service Authority resolution out of the Action Items to just before the County Attorney's report.
Public Comment began with Jim Lynch giving the Supervisors an update on the recently held 50k and half marathon races on the Dahlgren Railroad Heritage Trail (DRHT). Lynch said everyone was happy that the weather cooperated and that none of the runners got "cooked" out there. He said a total of 121 runners, the largest for the event, participated and some came from as far away as California. He said Steve DeSantis finished his 11th year running the 50k this year. Lynch also said he had never seen a woman outrun the male competitors to win a race but this year's half marathon winner, Leigh West, was able to do just that by about two minutes. He also thanked all of the volunteers that helped make the event possible, including King George High School Cross Country Coach Paul Koepfinger and his team as well as Jack Deem and the King George Radio Operators. Lynch also thanked Don Kirkpatrick and the Fredericksburg Railroad Historical Society, the neighbors in the Meadows and Indiantown Road, as well as sponsors High Mark Brewery and River Rock Outfitters. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is the Treasurer of the Friends of DRHT.]
Next to speak was Justin Grimes who came to voice his concerns over the special exception request from the Estate at Whitehall. Grimes, a neighbor of the Estate, said that wineries in Lake Anna and other parts of the state hold weddings and events but they are not held in subdivisions like his. He said he would be the figurehead of the opposition even though he has been threatened by patrons of the Estate. Grimes said he could not enjoy a peaceful weekend at home when over 350 people attend events. He said his children can't ride their bikes or go for walks because of the increased traffic on the road. Combined with alcohol being served, he felt it was a recipe for disaster. Grimes said that large and wide party buses frequently miss the entrance and have even run a neighbor off the road. He said he can hear the music in his daughter's bedroom when putting her to bed at night. Grimes said that the evidence is there to prove the Estate holds more than what the owners have stated while under scrutiny from the County. He said he moved to Whitehall Road for the peace and quiet. While Grimes has no problem with people running a business, he said ruining a neighborhood isn't right. Grimes said the discrepancies between the application and the documents is easily seen and asked the Supervisors to imagine living across the street from this event venue.
John Jenkins opened his report by thanking Lynch and Grimes for speaking. To Lynch he said it was good to hear about the trail and the events hosted there. He said it was a great reflection on the community bringing people in. He hoped some of those people spent money in the County. To Grimes, he said he appreciated his comments and concerns. On June 20th, Jenkins attended a joint meeting with the Service Authority and the Economic Development Authority (EDA) to discuss the small business incentives and was glad that the discussion is still continuing. On June 24th he attended the Comprehensive Plan meeting and on the 26th he was honored to swear in the newest class of fire and rescue personnel.
Richard Granger thanked Lynch for his report and told Grimes he appreciated him coming out early. He said there was no vote before the Board tonight to approve the Special Exception but instead it's a vote to send it to the Planning Commission. He thanked Grimes for his input and said the more info, the better. He encouraged him to continue to be engaged and that he valued Grimes' input. On June 20th, Granger attended the same joint meeting previously mentioned as well as the one on the 24th. On June 27th he said he attended the Northern Neck Tourism Commission meeting and said the group is trying to get the Northern Neck designated as a National Heritage Area. He said the first step, a study, has already been completed but they still need approval from the Secretary of the Interior and Congress. On July 15th he attended the Fredericksburg Regional Alliance (FRA) work session and said an upcoming meeting would focus on Amazon's new Headquarters and how surrounding communities worked together as regional neighbors to help each other.
Cathy Binder thanked Lynch for his update and said she wishes she could still run that far. She thanked Grimes for voicing his concerns. Binder attended the County Employee picnic on June 27th and visited Belle Grove on July 4th. She said because of the rain she managed to avoid the crowds and got a great tour of the house. On July 1st she attended a joint meeting with the base in Dahlgren, the County, and the Service Authority about joint purchasing needs. On July 18th and 19th she attended a conference and on the 24th she met with Wiley Wilson regarding the decommissioning of the Purkins Corner Waste Water Treatment Plant. Binder also attended a Dahlgren Heritage Foundation meeting in July. Binder said she also attended the welcoming event for teachers and loved talking with teachers that taught her kids and those that she had worked with. Just prior to the meeting, Binder went to the National Night Out event at the High School and mentioned the Sheriff's Office had an internship that may be beneficial to students. She ended her report by saying she would be doing a trial run on Tuesdays in September at the Library from 11am to 1pm where residents could come and talk to her. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is an employee of the Dahlgren Heritage Foundation.]
Ruby Brabo gave a lengthy report beginning with the work session meeting on June 24th. On June 25th she participated in a National Association of Counties (NACo) conference call. Brabo attended the County picnic on June 27th and a conference call on veteran suicide later in the day. On July 2nd she met with Dr. Young and others regarding the potential annexation of Lake Caledon as part of Caledon State Park. Later in the day she met with the owner of Mary's Cakery regarding the limitations of the sign ordinance. On the 9th she participated in another NACo conference call and then attended the NACo annual conference from the 11th to the 16th. On the 22nd she attended the Virginia Rural Center's Board of Directors meeting and had another NACo conference call on the 26th. On August 3rd she visited the DRHT 50k and half marathon race. Prior to tonight's meeting, Brabo also attended the welcome back lunch for teachers and the National Night Out event. She thanked Grimes for coming out and then asked Dr. Neiman Young, County Administrator, what it means to the County if the Estate at Whitehall is just now filing for a Special Exception but has been operating in violation prior to that. Eric Gregory, County Attorney, said the matter is currently in enforcement and part of the agreement was to require the Estate to apply for a special exception. He said the Supervisors have been informed during the process.
Jeff Bueche began his report by addressing Dr. Young and saying he was pleased to notify him that he was awarded the Distinguished Budget Award along with certificates of recognition for those being primarily responsible for achieving the award. With that, he called Wilma Ward, Director of Finance, and Barbara Howard-Johnson, Accounting Manager, forward to be recognized.
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| Wilma Ward, Jeff Bueche, and Barbara Howard-Johnson pose in front of John Jenkins, Richard Granger, Cathy Binder, Ruby Brabo, Dr. Neiman Young, and Eric Gregory. (l to r) |
After photos, Bueche thanked Lynch for the update on another successful trail run. Bueche said "that's tourism." He said he's never run the trail and never will but he enjoys going there and thinks the caboose is awesome. With the majority of the trail running through his district, he said the trail was a treasure. To Grimes, he said thanks and repeated earlier comments to come out early to speak on issues. Bueche said he appreciated Grimes putting it on their radar. On June 20th Bueche attended the joint meeting. On the 21st he attended the Friends of Caledon picnic. After the Comprehensive Plan meeting on the 24th, Bueche went to the County picnic on the 27th before hosting a Town Hall at Caledon. Bueche went to the CTE Expansion Committee meeting on July 2nd and was happy to report that over the Fourth of July weekend, the Sheriff's Office and Fire and Rescue Department kept Fairview Beach safe and secure. Bueche said he posted to his Facebook page on July 12th about making improvements to Route 206 (Dahlgren Road) and three days later Virginia Department of Transportation (VDOT) began their repaving project. He said he couldn't take credit for VDOT coming out so quickly and that it was just a happy coincidence. Bueche said that while the repairs are inconvenient, they are necessary. On July 15th he attended a Fredericksburg Area Metropolitan Planning Organization (FAMPO) meeting. On the 18th he received approval from the Coast Guard to retire effective December 1st, 2019. On the 27th he attended the Fairview Beach Residents Association and reminded other local groups and homeowner associations that he is willing to meet with them as well. Prior to the night's meeting he also attended the welcome lunch for teachers and thanked Dr. Benson, Superintendent of Schools, for the opportunity to speak. Bueche said he has a good working relationship with the School Board and the County has an outstanding school system. He also stopped by the National Night Out event and thanked law enforcement for doing an amazing job protecting and serving the community. Bueche ended his report by saying he was going to begin a community outreach program by walking around neighborhoods. He said his retirement would give him plenty of time to get fat and that he was also planning to quit smoking so he wanted to get some exercise while meeting with local residents. He said he would post details on these events via social media.
The Consent Agenda was approved.
The County Attorney, Eric Gregory, had no report.
As amended earlier in the evening, the next item on the Agenda was the Line of Credit Resolution in support of the Service Authority. The Board approved it.
Next on the Agenda was VDOT's Steve McKeever to discuss the Speed Limit Increase Study. McKeever was absent so Dr. Young said he would see if he would be available for the next meeting. Brabo added that the request was for the section of Route 3 (Kings Highway) from Hopyard to the Stafford County line and the section of Highway 301 (James Madison Parkway) from Tractor Supply to the Caroline County line.
Next was a detailed presentation by Bob Dick, Vice President of SCS Engineers regarding the Landfill Odor Study. Dick detailed the primary odor sources as being the waste being received, landfill gas emissions, and leachate. He said when waste was received, handled, and placed at the landfill, it mostly arrived via truck with about one third arriving via train car. He said the smell generated from this was fairly obvious and could be compared to what people would experience in their own kitchen garbage can. He said the landfill gas was being collected via wells throughout the facility but it was fugitive gases, the gas that wasn't collected, that led to the smell. He said Waste Management has more gas wells than is required by law, more than is required by their permit, and is installing them sooner than most other landfills. The leachate, the liquid runoff from the waste, was also a source of odors and was being collected and processed. Dick said that his company found that the landfill was operated just as comprehensively as others. He said they felt like the Supervisors would want recommendations and listed several, including accelerating the final cap installation, increasing the vacuum on landfill gas wells, and using air dispersal modeling software. In conclusion, he said the landfill meets all requirements and standard industry practices. He said it was operating consistent with other landfills and was progressive enough to meet nearly all of the requirements in the Draft Odor Guidance from DEQ. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is the Secretary of the Landfill Advisory Committee.]
Granger said he appreciated the presentation and had already sent his questions earlier. He asked Dr. Young if it would be good to have Waste Management come and give their feedback on the recommendations from SCS Engineering. Dr. Young said he would invite Waste Management to the next meeting. Brabo said she was interested in the modeling software because she and other Supervisors have been contacted multiple times by residents living in Oakland Park about the smell. She said the answer she has heard Waste Management give is that they can't smell anything but thought the software would be great because it would help understand how weather impacts the dispersal of the odor. She said it may also help so that residents don't feel like they're being called a liar when in reality it may have smelled bad earlier due to the weather. She said that if residents know the odor is coming they may not be as upset about it. Dick clarified that there is no meter than can be used to measure odor. He said each individual has different sensitivities and everyone has a different opinion on what smells bad. He said some people may like the smell of a certain flower but others may not. Brabo said she had heard Waste Management responds to odor complaints with a meter. Dick said this was a Jerome 631-X meter that measures hydrogen sulfide which is commonly referred to as a "rotten egg" smell. He also said there's no such thing as a zero odor landfill yet.
Next on the Agenda was Heather Hall from the Department of Community Development who presented the request from the Estate at Whitehall for a Special Exception Permit. Hall stated that the County had received complaints about the venue and issued the Estate a notice of violation in June 2018. With no response from the owners, David and Bethany Cassell, another violation notice was sent in July 2018. This finally prompted a meeting between the owners and the County in August 2018 where Hall said the Cassells felt they were exempt from the requirement to get a permit because they were a winery. At that same meeting it was agreed that the County would cease issuing violation notices and the owners would cease holding events until a permit was approved. Hall stated the Estate continued to host events for all of 2018 and 2019 and didn't obtain a Virginia Alcohol Beverage Control (ABC) Authority License until May 2019.
Granger said he felt like the Public Hearing should go before the Planning Commission first. He said he spoke to Grimes and the Cassells before and he was under the impression that the Estate would stop holding events and would respect the County's ordinances. Gregory said there were some flaws in the violation notices and the County encouraged them to file for the Special Exception Permit. He reiterated that the County agreed to suspend further notices until they got the permit but that the enforcement actions were still outstanding and that each additional event was another infraction that potentially exposes the owners. Bueche said "that's bullshit." Granger gently chided Bueche on his language before stating it was upsetting to him that the owners want to move towards compliance but the continue to not care. Granger asked rhetorically what that does for the County trying to enforce ordinances with others. Bueche asked what good an ordinance was if it wasn't going to be enforced.
Gregory said the issue with farm wineries is a matter of great controversy and that other localities are in litigation over the issue. He said there are ordinances on the books and that action of the owners to continue to hold events has an impact on the Supervisor's decision. Gregory said he hesitated to offer further commentary because of the sensitive nature of the topic but would be happy to discuss it further in Closed Session.
A motion was made and seconded to table the decision until a Closed Session discussion could be held. Before approving that decision, there was more discussion. Brabo said she found it disturbing that the County is encouraging small business and entrepreneurs when it appears someone has a blatant disregard for zoning, ordinances, and the health and welfare of neighbors. Jenkins added that he may not have the legal background but felt it was setting a precedent. He said he was a pretty fair guy but felt this was insane. Binder said she knows another winery is looking to get a Special Exception Permit and they were doing all the right things and wondered what kind of message this sent to them. Brabo said there needed to be a serious course of action taken. Bueche said there are things everyone would like to see or not like to see but there was a process to go through and it can be time consuming. He said it wasn't right they should be able to take a short cut, especially with a special exception.
Heather Hall stayed at the podium and presented her next item, an amendment to the County's Erosion and Sediment Control Ordinance. Hall said this was mostly a housekeeping change to stay in line with state code. The Board approved putting it before the Planning Commission as a Public Hearing.
Next was a presentation by the Department of Economic Development for the approval of tourism funding through the Tourism Advisory Committee (TAC). Dr. Young said that Kim Young was scheduled to present but was celebrating the birth of her first grandchild who was born earlier in the day. Bob Baird was there to present on behalf of the TAC. Baird gave a summary of the four applications that included:
- $1,000 - Parks and Recreation - Electrical improvements for the Christmas tree lighting ceremony
- $11,500 - Parks and Recreation - Ceiling tile and lighting replacement and improvement at the Citizen's Center
- $40,000 - Jazz in the Country - Expenses
- $7,500 - Backporch Vineyard - Advertising expenses
Baird and Young said the TAC and County staff recommended full funding for both requests from Parks and Recreation. Brabo said she appreciates that it's tourism related but wanted to know if it was part of regular maintenance or not. She said the Citizen's Center was not something used by tourists all the time. Binder said she was torn on that one because the Historical Society could use that $1,000 to improve the electrical connection but it could also fall under maintenance. Brabo said she felt the electrical request was an upgrade, not regular maintenance. Granger asked how many events were held at the Citizen's Center that brought in people from outside the county. Young said he wasn't sure but that four events were scheduled to be held there for the 300th anniversary. Baird added that David Zabelsky, the manager at the Holiday Inn Express in Dahlgren, was looking forward to an improved facility to recommend his clients to that need a larger space. Bueche asked if it was an enhancement or a repair to which Baird said a little bit of both. Young agreed and said the electrical request was more of an upgrade while the Citizens Center request was due to a lack of maintenance. Binder asked if there was enough money in General Properties to cover the costs and Young said there were other properties to maintain as well. Brabo said that issues were created in the past when tourism funds were used to cover regular maintenance and repairs instead of using general funds. With that the Supervisors approved the request to make electrical improvements and denied the request to replace and repair ceiling tiles and lights.
The Board then tackled the large request from Jazz in the Country. Baird said the TAC recommended funding only $5,000 for advertising but also recommended a second tier of funding of $15,000 to cover expenses only if the event did not meet first year attendance level goals. He said the TAC wasn't keen on adding to the profit margin of the group but felt the first year of any event was risky and felt that covering some expenses was good. Young said that staff recommended funding only $1,000 and had severe reservations on giving so much money, especially to one without a proven concept. He said staff couldn't see giving twice as much to a brand new event than what is given to something with a long history like the Fall Festival. The Supervisors approved $1,000.
Regarding the Backporch Vineyard's request, Baird said the TAC recommended $2,500 while Young said staff recommended tabling the decision until more information could be gathered. Young said some of the information in the application appeared to be related to start-up costs instead of advertising. Brabo asked if their special exception permit had been approved yet and said she didn't feel comfortable giving money if they haven't gotten their permit yet. Young said they didn't have a lot of information on them yet and would rather wait. With that, the Supervisors tabled the decision.
Brabo added that she was excited about the Jazz in the Country event but said that there needs to be some caution used when dealing with a new event. Bueche said that the KG Que Fest lost a lot of money from outside investors but the TAC didn't put money into it.
Next to the podium was Lavita Cobb from the Department of Finance who presented a request for a $246,973 change order on the Middle School expansion project. Binder said she was a little upset about this because the building is old and there should have been some forethought used when considering the upgrading of communication lines. Brabo agreed and said that some things can't be controlled like the discovery of the power line or the price of asphalt but the upgrade to existing communication lines should have been planned for. After some side discussions and commentary, Young added that the project is large and complex and that change orders are to be expected. He added that this wasn't a "bait and switch" and that the contractor has found ways to save money along the way. Bueche said that while he would normally like to see something like this go through the Capital Improvement Process (CIP), he felt the best decision for the taxpayer was to do the work now while the building is under construction rather than wait until later. The rest of the Board agreed and approved the request.
Wilma Ward, Director of Finance, then presented a grant for the School Resource Officer that required a local match of $22,853. The Board approved.
Next on the Agenda was a discussion on work session dates for the Comprehensive Plan and the CIP. The Board settled on August 21, 2019 at 5:30 pm for the Comprehensive Plan meeting. For the CIP meetings, the Board agreed to meet on September 10, 2019 and September 18, 2019 at 5:30 pm and planned to include the Citizen Budget Advisory Committee members.
Dr. Young then gave his County Administrator's report giving the Board short updates on the 98th Civil Affairs bringing in a small team in August for an exercise. Young also said that all of the positions on the Tourism Advisory Committee (TAC) would expire at the end of August and that he recommended Kim Wilson replace Ryan Gandy on several tourism related seats, which the Board approved. Brabo noted that there were several empty seats on the TAC and suggested her peers come with recommendations at the next meeting. Young added that the County had published their Economic Development Strategic Plan and said printed copies were available as well as electronic copies online. He said printed copies were limited and when they ran out, he would need to talk to the Board before printing more as they cost about $13 per copy to print.
Young also gave kudos to the Fire, Rescue, and Emergency Services Department. He said dividends had paid off in their purchasing a drone. Young said a boat went missing on the Rappahannock River and both the Coast Guard and Caroline County emergency services were unable to locate it. He said they called in King George to assist with their drone and the boat was quickly located.
Young also updated the Board on the recent request for a broadband grant. Young said two businesses came forward but only one, KGI Communications, was a good match. He said that the proposal from KGI was much better than their proposal in previous years and had addressed previous concerns. The Board gave consensus to move forward.
The Board then went into Closed Session at 9:17 pm with Dr. Young and Eric Gregory invited to attend. They returned from closed session at 10:11 pm. The Board then approved a third amendment to Dr. Young's employment agreement.
The meeting adjourned at 10:12 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 August 20, 2019 at 7:00 pm at the Revercomb Building.
Previous Meeting:
Read about the previous Board of Supervisors Meeting.
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