by Neil Richard
The Board of Supervisors began their meeting later than normal, at 8:38pm, as the Service Authority held a longer than average meeting. Despite it being the longest combined set of meetings in the last year, it was not the longest Supervisors meeting. But it was close.
There were no amendments to the Agenda.
Vera Means kicked off Public Comment by once again voicing her concerns over the proposed campground and gun range at the former Cameron Hills golf course. Her first concern was the impression that the hunt club would skip the meeting with the Planning Commission and go straight to the Board of Supervisors. She said she was against that. She also said that, in regards to the gun range, "no means no." Means said the gun range shouldn't be hidden behind a description of a campground and said she doubted the Supervisors told their kids to break the rules but only under the disguise of something else.
Linda Peterson also returned to speak out against the proposed campground and gun range. She thanked the Board for serving and said that those individuals who chose to live in the Shiloh District did so to get away from the city life. They chose to be near rural areas with wildlife and quiet. Peterson said that as far as she could see, there was no benefit to a gun range in the Shiloh District. She said that once the quiet was lost, it can't be regained.
Rob Neal was also a returning citizen with concerns over the proposed gun range. He said that every first and third Tuesday he drives by the Revercomb Building and wants to stop and talk about his opposition but didn't. He felt bad for the Supervisors sitting here all night. Neal said he has a lot invested in his home and life here. He said the Supervisors are here to plan for the future and to protect the County and it's residents. He again said that he can't believe anyone would welcome a gun range as a neighbor. Neal said he also has a lot of heartburn over the special exception part of the process. He said the company's website has images of gun ranges and shooting but not camping. Neal said a neighbor of his went to a gun show in Fredericksburg and they got a flyer about the project and it was billed as an outdoor shooting facility with shotgun, rifle, and pistol ranges but again, no mention of camping. Neal said he felt that everyone knows this isn't about camping, it's about a gun range. He said if the Planning Commission was circumvented and the Supervisors say no, then he was okay with that as it "get there fast." He said he and his wife have put their lives on hold until they got to the conclusion of this issue.
Billy Clift was back again to speak out against the gun range. He said he appreciated everything the Supervisors do and the time they spend doing it. He said he agreed with his neighbors and said there was a lot of passion from the people involved. Clift said if a project like this was approved, how could the Board say no to the next one? He hoped they would preserve the rural nature of the County and that a large number of citizens, though not social media gurus, were concerned about losing those rural aspects. Clift asked what reason the project could have for not going to the Planning Commission first but also agreed that if the Supervisors voted against it now, he would be okay getting it over with sooner. He asked if the project benefited County residents or people from outside the County and also asked about the zoning permit not having a specific line item for gun ranges.
Greg Peterson was next to speak and re-read his comments from September of last year. He said his comments were against a variance for a shooting area in an area that was not designated for it. He said he doubted anyone would invite a shooting range to infringe on their lifestyle and that the project needed to be directed to a larger piece of property without homes nearby. Peterson said the issue was with noise pollution that would be on a consistent basis and it wasn't just about decibels but rather the ongoing gunfire that is unpleasant and disturbing. He said he attended the first Town Hall on the issue and one of the Ognek brothers said he knew about noise pollution because his neighbor's dog barked. Peterson said that doesn't compare to range fire.
Bob Baird was next to speak and said he was in favor of one issue later in the Agenda, the rezoning for the Hertenstein project. He said he and his wife were recently on vacation and he had to take his wife to a hospital because of a stroke. Thankfully there was a medical facility near them and she's okay because of that. Baird said that here in King George, there is no medical facility like that and it's needed. He also urged the Supervisors to consider the second part of the project, housing for older residents. As a real estate agent, Baird said he sees the need and we need to accommodate them. He also added that because of the late evening he may not be able to stay for the tourism funding decision but also wanted to voice his support for that.
John Wheeler then gave a brief comment, saying he had spoken earlier against the proposed gun range. He said since then a neighbor discovered he could have a firing range on his property and has taken advantage of that. Wheeler said he has found it to be a disconcerting sound. He said that even though he doesn't live in the Shiloh District, he does live in this community and felt his fellow residents would be negatively impacted by it.
Ruby Brabo, Supervisor, began to read a submitted comment then realized she should save it for the appropriate Public Hearing.
John Jenkins then started off the Board reports by thanking everyone for their comments. He said that as the Board gets to the campground issue, the Board will discuss it more and then move forward. On September 10th he attended the Capital Improvement Program (CIP) work session and looked forward to continuing the discussion. On the 16th he attended the George Washington Regional Commission (GWRC) meeting.
Richard Granger also thanked everyone for coming out to speak and also thanked them for coming out early in the process. He encouraged everyone to speak at the Planning Commission meetings as well. He then clarified for Clift that he made a mistake early in the discussion about the list of uses for special exceptions but said he wouldn't conjecture on the reasons why the application changed since then. To Baird, Granger said he was glad to hear his wife was doing better and thanked him for speaking on the issues. Granger also attended the CIP meeting as well as a Fredericksburg Regional Alliance (FRA) meeting on the 16th where they approved their strategic plan for the coming years.
Cathy Binder thanked everyone for speaking, especially those that live in her district. To Baird she wished his wife well and thanked him for everything he does in the community. Binder then gave an uncharacteristically long report. On the 4th she met with Vic Mason, Clerk of the Court, to discuss the needs of the new Courthouse. She said she would be touring the Hanover County Courthouse to get ideas for future incorporation. On the 7th she attended Jean Graham's crab fest and, although she attended it socially, she did discuss the future 301 bridge expansion with many of the residents there as they live off the impacted Roseland Drive. On the 9th she attended a 300th Anniversary meeting and reminded everyone that Founder's Day would be the kick-off event on November 15th. On the 10th she held her Coffee with Shiloh and even though nobody attended, she was able to talk to the staff at Smoot Library. Later that day she also attended the CIP meeting. On the 11th she attended the Dahlgren Heritage Museum meeting and reminded everyone of the upcoming Ira and Gladys West Scholarship Dinner on October 4th. On the 12th she attended an Agenda meeting for the Service Authority and later in the evening attended the Sports Hall of Fame ceremony. She said that it was great to recognize teams and individuals from Ralph Bunche even though records and trophies have been lost over the years.
Binder continued her board report by saying that on the 13th, Binder helped with the Sports Hall of Fame tournament and that evening went to the football game. Binder said that by being part of the Hall of Fame Committee she volunteers her services to preserve the "history, artifacts, and stories" of sports history in King George. She said that even though she doesn't travel the country absorbing information, she does feel it's important to listen to the people of King George County. Binder said that even though what she does may not be considered a full time job, much of her time is taken by doing it. She said there are many challenges that the County faces but feels that with hard work, capable staff, and helpful volunteers, the challenges can be conquered. Earlier in the day, Binder held another Coffee with Shiloh where she was able to meet a new resident, Kathie Ramey, and spoke with her for an hour. Binder said Ramey gave her a fresh perspective on the challenges and attractions of the County. Binder said the new Director of Economic Development, Nick Minor, will have a youthful vision that will help the County evolve and attract new business. She said that the rural nature of King George is what attracts many people to the area and that it's not a bad word. She said development can still occur, just in their designated areas. Binder listed four different volunteer projects being coordinated by the King George Garden Club and King George Extension Office; the Revercomb Building on the 20th, two projects in Cedell Brooks Park on the 24th, and the Citizens Center on the 25th. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is an employee of the Dahlgren Heritage Foundation.]
Ruby Brabo said on the 6th she was reappointed by the Governor to the Chesapeake Bay Watershed committee. On the 10th she attended a Virginia Association of Counties (VACo) conference call and the CIP meeting. On the 16th she attended the GWRC meeting where they sent a similar letter to the state regarding Phase III of the Watershed Improvement Plan (WIP). She said there was also some discussion about terminating legislative services and that Spotsylvania County asked to have a future discussion about localities paying the same rate or implementing a weighted vote. She then moved to reappoint Billy Clift to the Wetlands Board. The appointment was approved. To Baird, Brabo said that his suggestion to have a Service Authority meeting on a different night would be up to the Board when they set their calendar in January. She said that it would be asking a lot of the staff since they don't get paid overtime. She said it would also be a burden on those serving on both boards since they technically only get paid for their Supervisor work. Regarding the proposed gun range, Brabo said she appreciated the comments. She said Stafford has a gun range at their landfill and that when she visits her boyfriend, who lives near there, it gives her a sense of appreciation for what people would be experiencing.
Jeff Bueche said that on the 7th he attended the Belle Grove Spirits Festival and a Local Emergency Planning Committee meeting on the 10th, as well as the CIP meeting. Earlier in the day, he attended the Career and Technical Education (CTE) expansion meeting and was impressed by how many people showed up. He said that things were moving forward and everyone was taking it seriously. To everyone that spoke during Public Comment, Bueche thanked them and said that the Supervisors ran for office and were expected to give up their time but it was nice to see residents give up their time to speak. Regarding Freedom Hunt Club, he clarified that the Board also has the capability or option to review it before or instead of the Planning Commission but agreed that it should go before them first. He said the Board relies on the Community Development staff to give perspective on things as well as the Planning Commission. To Neal, he said the decision needs to be made on the merits of the project. To Baird, he said he was glad his wife was doing well and appreciated everything he did for the community. He agreed that the Supervisors and Service Authority should hold meetings at different times.
The Consent Agenda was approved.
The County Attorney, Eric Gregory, had no report.
The first Public Hearing was on an amendment to the Erosion and Sediment Control Ordinance to comply with changes made to the Code of Virginia. Louis Pancotti, County Planner, gave an overview and with no Public Comment, it was approved.
The next Public Hearing was on the amendment to the Zoning Ordinance to allow keeping of chickens in R-1, Single Family Dwelling District, and R-2, General Dwelling District. Pancotti again gave the presentation, this one a little longer, and said that about 87% of the County was zoned agricultural. Of the lots that would be impacted by this new rule, only 4% of the County were zoned R-1 or R-2. Pancotti gave details on the conditions required for keeping chickens, such as no roosters, a maximum of 6 chickens, and not being allowed to sell byproducts commercially. Pancotti then displayed the neighborhoods that were zoned appropriately and had lots large enough, at least 25,000 square feet, to allow chickens. Major neighborhoods included were Presidential Lakes, Oakland Park, Cleydael, and Bayberry. Hopyard was not included and Pancotti said that this was a general listing and that not all lots in the neighborhoods were large enough.
Granger asked if other localities in the state allowed chickens in a residential area like this. Pancotti said they looked at Caroline, Spotsylvania, and Fredericksburg as well as other areas like James City. Jenkins asked what some of the differences were between their ordinances and this one and Pancotti said that in some areas, like Caroline and Spotsylvania, the maximum number of chickens goes up proportional to the lot size where the proposed ordinance in King George was a flat number. Jenkins asked how they came up with the 25,000 square feet, or roughly half an acre. Pancotti said the original amendment that was sent to the Planning Commission was smaller but they decided to change the minimum size to match public water requirements.
Public Comment then opened up and Brabo read a statement from Jermiah Hansen who was unable to attend the hearing. Hansen said he was in favor of allowing chickens and that several aspects were not addressed. He said the limit of six chickens has unintended consequences such as raising chickens. He said that a property owner would be limited to six fertilized eggs regardless of how many hatched and it would also require the County verify the count. He said there was no reason for a property owner to own more chickens that was needed because they can't sell the extras. He suggested removing the arbitrary limit. Hansen also said that the ten foot offset to the property line would require owners to have a second fence ten feet from their existing fence. Hansen then gave several reasons why chickens were beneficial, including pest control and education opportunities.
Reverend James Shaw was next to speak, also in favor of the amendment. He said members of his congregation have had chickens in the past and many of the previous comments had a lot of things that made sense. He said the general rule of thumb was three chickens per person. Changing the maximum to 20 or 25 would mean not discriminating against larger families.
Bueche then read a letter from Carol Werle who said the County has gone mad trying to force people back a century with zoning. She said King George can only count about five real farms within its borders, not counting the farmers who live outside of the County. She said the state defines a small county as one with a population of 25,000 or less and King George is no longer a small county.
Bob Baird then spoke saying that he has neighbors with chickens who live in an agriculturally zoned property and felt it was necessary to have a graduated scale for large lots. He said a two acre lot had a lot more room for chickens to roam.
The amendment was approved.
Dr. Linda Millsaps from GWRC then gave a presentation. She said she appreciated them allowing her to speak tonight and promised to keep it brief. With her presentation already part of the Agenda, she hit the highlights. She said that an annual presentation is required under their charter and wasn't sure if that was done in the past but she was working to correct that. She said she wanted to quantify the return on the investment and said that for every dollar King George contributes to GWRC, they can leverage roughly four to nine dollars in return. Millsaps said GWRC has programs in economic development (GO Virginia grants), environmental services, human services, and transportation (GWRideConnect). She said their budget is about $4.7 million and the number one expense is personnel with about $1.8 million for salary and benefits.
Next to present was Joan Waters who gave an update on the Jazz In the Country event. She said about 45% of the attendees were from King George and about 60% were from Virginia. Ten hotel rooms were used by performers and workers and the event generated $31,000 in revenue although no proceeds were realized. Waters said that over 80% of the attendees said the event was well organized and several sponsors were from King George. She said it was good to know people wanted to support not only the Mt. Bethel Retreat Center but also tourism in King George. She said she was excited for the support given this year and was looking forward to next year's event.
Brabo said she was glad to hear they were doing it again next year because she was unable to attend this year. She said something to keep in mind was that King George is a member of the Northern Neck Tourism Commission and the Rappahannock Council and they may be able to help advertise. Waters said the Rappahannock Council did share the event. Bueche said he saw a lot of percentages in the presentation but wanted to know how many people were there. Waters said that 160 tickets were sold and about 15 or 20 tickets were comped to artists and sponsors. She said she would love to grow the event to 500 to 1,000 people but felt about 200 people wasn't bad for the first year. Bueche said he was glad to hear and said events like this take a lot of commitment.
Kyle Laux of Davenport and Associates gave a very brief overview of the Debt Refinancing options the County had before them. He said that even though the market has been volatile lately, it is largely in favor of refinancing the County's debt. He said that, similar to a home mortgage, refinancing will save money in the long run. He said the two resolutions before the Board were necessary for the process and that if there was no savings within the next 45 days, the refinancing wouldn't happen, thus making this a no risk scenario. Laux said the bottom line savings was roughly $2.3 million if the County refinanced the $29.9 million that was eligible. He said the School Board would also need to take some action as the debt was tied to some of their loans for buildings. Dr. Neiman Young, County Administrator, recommended the Board adopt the resolutions to authorize himself and the County Attorney, Eric Gregory, to act as needed to take further action. The Board approved.
Next was the Special Exception Permit request from Freedom Hunt Club. Brad Hudson, Director of Community Development, gave his summary of information then asked the Board for action. Brabo said Public Comment was needed first. Hudson said this was an Action Item, not a Public Hearing and Public Comment wasn't necessary. Brabo asked what percentage of the property would be used for camping versus gun activities and Hudson said he would need to research that and answer later. The Board then approved sending the request to the Planning Commission.
Hudson stayed at the podium to present the next item, a rezoning request by Darrell Hertenstein. Hudson said Hertenstein has asked for a joint meeting between the Planning Commission and the Board of Supervisors where his project could be presented. Brabo asked for clarity about the proffer statement and changes that could be made to the plan. Hudson said once it's rezoned, then the plan can be changed. Brabo asked if anything could be changed and Hudson said yes. Brabo asked if that was typical and Hudson said yes, this is a conceptual plan and those have been presented before. Brabo asked if drastic changes could be made to a proposed plan and Hudson said those would need to go through an approval process. Bueche said they were being asked to hold a special meeting and wondered if there was a reason. Hudson said he assumed it was because of a pressing timeline. A member of the audience asked to be recognized and said the reason was because the land was under contract until the end of October so a delay would be detrimental to the project. Brabo asked if October 8th at 7:00pm was okay for everyone else. Binder said she had some heartburn about this project not going before the Planning Commission before the Supervisors look at it. She said she was trying to treat everyone the same even though this has been done before. Bueche said that was why he asked if there was a time crunch. Brabo asked if the discussions at the joint meeting would be separate. Gregory said that it would be a joint Public Hearing and, although not often held, the conversation would be joint but the decisions and votes would be separate to each body, meaning the Planning Commission would vote then the Supervisors would vote. Brabo said that would be good since the Supervisors could reap the benefit of hearing the Planning Commission's discussion. Bueche said the Planning Commission could vote then the Supervisors could ask questions and then vote but Gregory said with a Public Hearing staff would present, there would public comment, and then the Planning Commission would vote and the Supervisors would vote. He said there could be discussion between the two bodies, meaning the Planning Commission and the Supervisors, but the decision would be separate. The Board approved advertising for a special meeting.
Hudson again remained at the podium to present a special exception permit request by Rodney Rollins to amend his existing Special Exception Permit. Hudson gave a summary that stated the Virginia Department of Environmental Quality (DEQ) was requesting that Rollins install a cover on his sludge storage facility and Rollins was asking for one requirement, to only spread the sludge on his farm, be removed from his permit. Brabo asked if DEQ was "requesting" or "requiring" the cover. Hudson said they were "requesting." Brabo said she wasn't sure how this played into Rollins' negotiations with DEQ. Gregory said he couldn't speak for DEQ but said they were in favor of the change requested by Rollins. Gregory said the bio-solids need a place to go and Rollins provides that. Gregory said this would allow Rollins more flexibility and DEQ felt that was a good thing. The cover would also allow Rollins to run the facility more efficiently. Gregory said he couldn't speak for Rollins either but felt Rollins was willing to make the investment but wanted to spread the bio-solids elsewhere. Brabo said she didn't see why this needed to skip the Planning Commission and Gregory said they were just trying to streamline the process but had no issues going before the Planning Commission. Brabo said her concern was if the Planning Commission was left out, it was one less opportunity to hear from neighbors. The Board approved sending the request to the Planning Commission.
The new Director of Economic Development, Nick Minor, and Bob Baird then presented an application for tourism funding from Parks and Recreation to help pay for updated guide books for the Plant Central Rappahannock Natives publication. Baird said the request was for $1,200 and would include the new native plant garden in Cedell Brooks Park. Brabo asked when the last edition was published and Minor said two years ago. Brabo asked how it was funded previously and Baird said a grant from GWRC covered the $30,000 expense to develop and publish the original booklet. Brabo asked what the cost was this year and Baird said he didn't know but the $1,200 was a cost share portion they were asked to provide. Binder said she found the publication useful as she's found it difficult to grow plants in her yard. Brabo said she wasn't opposed to it but was wondering if it should use tourism funds or general funds. Binder said she felt tourism funds were appropriate as she has seen people visiting Cedell Brooks Park from outside of the area. The fund request was approved.
Next to present was David Howard from Waste Management. He came before the Board to request an amendment to allow for additional waste tonnage at the landfill. Howard said there's an opportunity this year to accept more due to a closure in Fairfax. He said there would be no change to the hours of operation and that the waste would arrive by truck and rail just like the rest.
Granger thanked Dr. Young for providing the historical numbers and limits and said that the past few years the County has been able to increase the amounts and get more funds for capital projects. He said it makes sense to move forward but felt it was something the Board shouldn't get in the habit of doing. Granger said that he didn't want to get addicted to the extra money. The Board approved the additional tonnage. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is the Secretary of the Landfill Advisory Committee.]
Bueche then began reading the wrong item on the Agenda, caught himself, then apologized. He said he had "no idea what I was reading" but mentioned Project94 recommended bringing extra coffee for tonight's meeting and he regretting not bringing a backup thermos.
Dr. Young then presented a resolution for Potomac Landing to allow golf carts. Young said that in discussions with Gregory, they discovered that there also needs to be a Public Hearing before the resolution. Gregory said because it requires an ordinance amendment, there needs to be a Public Hearing first. The Board approved advertising a hearing.
Next was a discussion of the noise ordinance. Granger said he asked to add this to the Agenda because he was approached by a resident who had a neighbor that has been firing guns through the night. Granger said it wasn't a one-off situation but instead has been a regular occurrence. He said the resident complained to the Sheriff's Office but they said the firing of the gun was lawful and exempt from the noise ordinance. Granger said the neighbor was "disinclined to stop" so he felt it was something that should be addressed and had Gregory look into the issue. He said he was bringing it to the Board to see if anyone had any interest in amending the noise ordinance to prohibit firing guns at night in non-hunting situations.
Brabo said she was okay sending the issue to the Planning Commission but Gregory said it wasn't a zoning issue and therefore wouldn't go before the Planning Commission. Gregory said he did some analysis and it was a thorny issue but he was able to come up with a drafted amendment. He said that because noise was a subject issue, ordinances needed to have an objective measurement, as the County discovered when it originally implemented the noise ordinance. He said that because of firearm restrictions and state laws, there were certain limits they had to abide by. He said the current noise ordinance had an exemption for firearms. Gregory said that unfortunately they can't just make up a law that says knock it off so his suggestion was to restrict the exemption to prohibit non-hunting firearm use between 10:00pm and 6:00am and to not be above 65 decibels. He said he ran the proposal by the Deputy Commonwealth's Attorney and the Sheriff and both thought it would work. Gregory said he wasn't sure how well the measuring equipment would do.
Bueche appreciated his work but thought that by the time a deputy showed up, the firing may be over with. He also said it may be a landowner shooting at nuisances like foxes or coyotes. He was also not a fan of times that were outside of the typical sunup to sundown for hunting. Gregory said his proposal was 10:00pm to 6:00am. to which Bueche apologized saying he heard it wrong. Gregory added that they can't restrict firearms more than any other activity so that's why they used those hours. Granger added that the Sheriff has received multiple complaints and the neighbor has still been "disinclined" to stop. Jenkins said that going for a nuisance animal may fall under hunting and felt, as a member of law enforcement, this proposal gives the officers the tools to do their job. Bueche added that "sometimes you can't legislate common sense." Brabo agreed that it was another tool in the tool box. Gregory closed out the discussion by saying the next steps would be to prepare a draft ordinance amendment, give a Board report, authorize a Public Hearing, and then approve or deny.
The County Administrator, Dr. Neiman Young, had no report.
The Closed Session began at 10:56pm and Dr. Young, Eric Gregory, Jonathon Weakley (Service Authority General Manager), Brad Hudson, Heather Hall, and Mike Bennett (Service Authority Board of Directors) were all invited to attend. Hudson and Weakley left at 11:13pm and the Board returned from Closed Session at 11:27pm. They adjourned their meeting one minute later, making this the longest recorded pair of meetings in all of 2018 and 2019. The previous record was 10:22pm this year and 11:06pm in 2018.
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 September 18, 2019 at 5:30 pm at the Revercomb Building.
Previous Meeting:
Read about the previous Board of Supervisors Meeting.
The Board of Supervisors began their meeting later than normal, at 8:38pm, as the Service Authority held a longer than average meeting. Despite it being the longest combined set of meetings in the last year, it was not the longest Supervisors meeting. But it was close.
There were no amendments to the Agenda.
Vera Means kicked off Public Comment by once again voicing her concerns over the proposed campground and gun range at the former Cameron Hills golf course. Her first concern was the impression that the hunt club would skip the meeting with the Planning Commission and go straight to the Board of Supervisors. She said she was against that. She also said that, in regards to the gun range, "no means no." Means said the gun range shouldn't be hidden behind a description of a campground and said she doubted the Supervisors told their kids to break the rules but only under the disguise of something else.
Linda Peterson also returned to speak out against the proposed campground and gun range. She thanked the Board for serving and said that those individuals who chose to live in the Shiloh District did so to get away from the city life. They chose to be near rural areas with wildlife and quiet. Peterson said that as far as she could see, there was no benefit to a gun range in the Shiloh District. She said that once the quiet was lost, it can't be regained.
Rob Neal was also a returning citizen with concerns over the proposed gun range. He said that every first and third Tuesday he drives by the Revercomb Building and wants to stop and talk about his opposition but didn't. He felt bad for the Supervisors sitting here all night. Neal said he has a lot invested in his home and life here. He said the Supervisors are here to plan for the future and to protect the County and it's residents. He again said that he can't believe anyone would welcome a gun range as a neighbor. Neal said he also has a lot of heartburn over the special exception part of the process. He said the company's website has images of gun ranges and shooting but not camping. Neal said a neighbor of his went to a gun show in Fredericksburg and they got a flyer about the project and it was billed as an outdoor shooting facility with shotgun, rifle, and pistol ranges but again, no mention of camping. Neal said he felt that everyone knows this isn't about camping, it's about a gun range. He said if the Planning Commission was circumvented and the Supervisors say no, then he was okay with that as it "get there fast." He said he and his wife have put their lives on hold until they got to the conclusion of this issue.
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| Rob Neal speaks against the proposed campground and gun range. |
Billy Clift was back again to speak out against the gun range. He said he appreciated everything the Supervisors do and the time they spend doing it. He said he agreed with his neighbors and said there was a lot of passion from the people involved. Clift said if a project like this was approved, how could the Board say no to the next one? He hoped they would preserve the rural nature of the County and that a large number of citizens, though not social media gurus, were concerned about losing those rural aspects. Clift asked what reason the project could have for not going to the Planning Commission first but also agreed that if the Supervisors voted against it now, he would be okay getting it over with sooner. He asked if the project benefited County residents or people from outside the County and also asked about the zoning permit not having a specific line item for gun ranges.
Greg Peterson was next to speak and re-read his comments from September of last year. He said his comments were against a variance for a shooting area in an area that was not designated for it. He said he doubted anyone would invite a shooting range to infringe on their lifestyle and that the project needed to be directed to a larger piece of property without homes nearby. Peterson said the issue was with noise pollution that would be on a consistent basis and it wasn't just about decibels but rather the ongoing gunfire that is unpleasant and disturbing. He said he attended the first Town Hall on the issue and one of the Ognek brothers said he knew about noise pollution because his neighbor's dog barked. Peterson said that doesn't compare to range fire.
Bob Baird was next to speak and said he was in favor of one issue later in the Agenda, the rezoning for the Hertenstein project. He said he and his wife were recently on vacation and he had to take his wife to a hospital because of a stroke. Thankfully there was a medical facility near them and she's okay because of that. Baird said that here in King George, there is no medical facility like that and it's needed. He also urged the Supervisors to consider the second part of the project, housing for older residents. As a real estate agent, Baird said he sees the need and we need to accommodate them. He also added that because of the late evening he may not be able to stay for the tourism funding decision but also wanted to voice his support for that.
John Wheeler then gave a brief comment, saying he had spoken earlier against the proposed gun range. He said since then a neighbor discovered he could have a firing range on his property and has taken advantage of that. Wheeler said he has found it to be a disconcerting sound. He said that even though he doesn't live in the Shiloh District, he does live in this community and felt his fellow residents would be negatively impacted by it.
Ruby Brabo, Supervisor, began to read a submitted comment then realized she should save it for the appropriate Public Hearing.
John Jenkins then started off the Board reports by thanking everyone for their comments. He said that as the Board gets to the campground issue, the Board will discuss it more and then move forward. On September 10th he attended the Capital Improvement Program (CIP) work session and looked forward to continuing the discussion. On the 16th he attended the George Washington Regional Commission (GWRC) meeting.
Richard Granger also thanked everyone for coming out to speak and also thanked them for coming out early in the process. He encouraged everyone to speak at the Planning Commission meetings as well. He then clarified for Clift that he made a mistake early in the discussion about the list of uses for special exceptions but said he wouldn't conjecture on the reasons why the application changed since then. To Baird, Granger said he was glad to hear his wife was doing better and thanked him for speaking on the issues. Granger also attended the CIP meeting as well as a Fredericksburg Regional Alliance (FRA) meeting on the 16th where they approved their strategic plan for the coming years.
Cathy Binder thanked everyone for speaking, especially those that live in her district. To Baird she wished his wife well and thanked him for everything he does in the community. Binder then gave an uncharacteristically long report. On the 4th she met with Vic Mason, Clerk of the Court, to discuss the needs of the new Courthouse. She said she would be touring the Hanover County Courthouse to get ideas for future incorporation. On the 7th she attended Jean Graham's crab fest and, although she attended it socially, she did discuss the future 301 bridge expansion with many of the residents there as they live off the impacted Roseland Drive. On the 9th she attended a 300th Anniversary meeting and reminded everyone that Founder's Day would be the kick-off event on November 15th. On the 10th she held her Coffee with Shiloh and even though nobody attended, she was able to talk to the staff at Smoot Library. Later that day she also attended the CIP meeting. On the 11th she attended the Dahlgren Heritage Museum meeting and reminded everyone of the upcoming Ira and Gladys West Scholarship Dinner on October 4th. On the 12th she attended an Agenda meeting for the Service Authority and later in the evening attended the Sports Hall of Fame ceremony. She said that it was great to recognize teams and individuals from Ralph Bunche even though records and trophies have been lost over the years.
Binder continued her board report by saying that on the 13th, Binder helped with the Sports Hall of Fame tournament and that evening went to the football game. Binder said that by being part of the Hall of Fame Committee she volunteers her services to preserve the "history, artifacts, and stories" of sports history in King George. She said that even though she doesn't travel the country absorbing information, she does feel it's important to listen to the people of King George County. Binder said that even though what she does may not be considered a full time job, much of her time is taken by doing it. She said there are many challenges that the County faces but feels that with hard work, capable staff, and helpful volunteers, the challenges can be conquered. Earlier in the day, Binder held another Coffee with Shiloh where she was able to meet a new resident, Kathie Ramey, and spoke with her for an hour. Binder said Ramey gave her a fresh perspective on the challenges and attractions of the County. Binder said the new Director of Economic Development, Nick Minor, will have a youthful vision that will help the County evolve and attract new business. She said that the rural nature of King George is what attracts many people to the area and that it's not a bad word. She said development can still occur, just in their designated areas. Binder listed four different volunteer projects being coordinated by the King George Garden Club and King George Extension Office; the Revercomb Building on the 20th, two projects in Cedell Brooks Park on the 24th, and the Citizens Center on the 25th. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is an employee of the Dahlgren Heritage Foundation.]
Ruby Brabo said on the 6th she was reappointed by the Governor to the Chesapeake Bay Watershed committee. On the 10th she attended a Virginia Association of Counties (VACo) conference call and the CIP meeting. On the 16th she attended the GWRC meeting where they sent a similar letter to the state regarding Phase III of the Watershed Improvement Plan (WIP). She said there was also some discussion about terminating legislative services and that Spotsylvania County asked to have a future discussion about localities paying the same rate or implementing a weighted vote. She then moved to reappoint Billy Clift to the Wetlands Board. The appointment was approved. To Baird, Brabo said that his suggestion to have a Service Authority meeting on a different night would be up to the Board when they set their calendar in January. She said that it would be asking a lot of the staff since they don't get paid overtime. She said it would also be a burden on those serving on both boards since they technically only get paid for their Supervisor work. Regarding the proposed gun range, Brabo said she appreciated the comments. She said Stafford has a gun range at their landfill and that when she visits her boyfriend, who lives near there, it gives her a sense of appreciation for what people would be experiencing.
Jeff Bueche said that on the 7th he attended the Belle Grove Spirits Festival and a Local Emergency Planning Committee meeting on the 10th, as well as the CIP meeting. Earlier in the day, he attended the Career and Technical Education (CTE) expansion meeting and was impressed by how many people showed up. He said that things were moving forward and everyone was taking it seriously. To everyone that spoke during Public Comment, Bueche thanked them and said that the Supervisors ran for office and were expected to give up their time but it was nice to see residents give up their time to speak. Regarding Freedom Hunt Club, he clarified that the Board also has the capability or option to review it before or instead of the Planning Commission but agreed that it should go before them first. He said the Board relies on the Community Development staff to give perspective on things as well as the Planning Commission. To Neal, he said the decision needs to be made on the merits of the project. To Baird, he said he was glad his wife was doing well and appreciated everything he did for the community. He agreed that the Supervisors and Service Authority should hold meetings at different times.
The Consent Agenda was approved.
The County Attorney, Eric Gregory, had no report.
The first Public Hearing was on an amendment to the Erosion and Sediment Control Ordinance to comply with changes made to the Code of Virginia. Louis Pancotti, County Planner, gave an overview and with no Public Comment, it was approved.
The next Public Hearing was on the amendment to the Zoning Ordinance to allow keeping of chickens in R-1, Single Family Dwelling District, and R-2, General Dwelling District. Pancotti again gave the presentation, this one a little longer, and said that about 87% of the County was zoned agricultural. Of the lots that would be impacted by this new rule, only 4% of the County were zoned R-1 or R-2. Pancotti gave details on the conditions required for keeping chickens, such as no roosters, a maximum of 6 chickens, and not being allowed to sell byproducts commercially. Pancotti then displayed the neighborhoods that were zoned appropriately and had lots large enough, at least 25,000 square feet, to allow chickens. Major neighborhoods included were Presidential Lakes, Oakland Park, Cleydael, and Bayberry. Hopyard was not included and Pancotti said that this was a general listing and that not all lots in the neighborhoods were large enough.
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| Louis Pancotti shares the major neighborhoods impacted by the proposed chicken ordinance amendment. |
Granger asked if other localities in the state allowed chickens in a residential area like this. Pancotti said they looked at Caroline, Spotsylvania, and Fredericksburg as well as other areas like James City. Jenkins asked what some of the differences were between their ordinances and this one and Pancotti said that in some areas, like Caroline and Spotsylvania, the maximum number of chickens goes up proportional to the lot size where the proposed ordinance in King George was a flat number. Jenkins asked how they came up with the 25,000 square feet, or roughly half an acre. Pancotti said the original amendment that was sent to the Planning Commission was smaller but they decided to change the minimum size to match public water requirements.
Public Comment then opened up and Brabo read a statement from Jermiah Hansen who was unable to attend the hearing. Hansen said he was in favor of allowing chickens and that several aspects were not addressed. He said the limit of six chickens has unintended consequences such as raising chickens. He said that a property owner would be limited to six fertilized eggs regardless of how many hatched and it would also require the County verify the count. He said there was no reason for a property owner to own more chickens that was needed because they can't sell the extras. He suggested removing the arbitrary limit. Hansen also said that the ten foot offset to the property line would require owners to have a second fence ten feet from their existing fence. Hansen then gave several reasons why chickens were beneficial, including pest control and education opportunities.
Reverend James Shaw was next to speak, also in favor of the amendment. He said members of his congregation have had chickens in the past and many of the previous comments had a lot of things that made sense. He said the general rule of thumb was three chickens per person. Changing the maximum to 20 or 25 would mean not discriminating against larger families.
Bueche then read a letter from Carol Werle who said the County has gone mad trying to force people back a century with zoning. She said King George can only count about five real farms within its borders, not counting the farmers who live outside of the County. She said the state defines a small county as one with a population of 25,000 or less and King George is no longer a small county.
Bob Baird then spoke saying that he has neighbors with chickens who live in an agriculturally zoned property and felt it was necessary to have a graduated scale for large lots. He said a two acre lot had a lot more room for chickens to roam.
The amendment was approved.
Dr. Linda Millsaps from GWRC then gave a presentation. She said she appreciated them allowing her to speak tonight and promised to keep it brief. With her presentation already part of the Agenda, she hit the highlights. She said that an annual presentation is required under their charter and wasn't sure if that was done in the past but she was working to correct that. She said she wanted to quantify the return on the investment and said that for every dollar King George contributes to GWRC, they can leverage roughly four to nine dollars in return. Millsaps said GWRC has programs in economic development (GO Virginia grants), environmental services, human services, and transportation (GWRideConnect). She said their budget is about $4.7 million and the number one expense is personnel with about $1.8 million for salary and benefits.
Next to present was Joan Waters who gave an update on the Jazz In the Country event. She said about 45% of the attendees were from King George and about 60% were from Virginia. Ten hotel rooms were used by performers and workers and the event generated $31,000 in revenue although no proceeds were realized. Waters said that over 80% of the attendees said the event was well organized and several sponsors were from King George. She said it was good to know people wanted to support not only the Mt. Bethel Retreat Center but also tourism in King George. She said she was excited for the support given this year and was looking forward to next year's event.
Brabo said she was glad to hear they were doing it again next year because she was unable to attend this year. She said something to keep in mind was that King George is a member of the Northern Neck Tourism Commission and the Rappahannock Council and they may be able to help advertise. Waters said the Rappahannock Council did share the event. Bueche said he saw a lot of percentages in the presentation but wanted to know how many people were there. Waters said that 160 tickets were sold and about 15 or 20 tickets were comped to artists and sponsors. She said she would love to grow the event to 500 to 1,000 people but felt about 200 people wasn't bad for the first year. Bueche said he was glad to hear and said events like this take a lot of commitment.
Kyle Laux of Davenport and Associates gave a very brief overview of the Debt Refinancing options the County had before them. He said that even though the market has been volatile lately, it is largely in favor of refinancing the County's debt. He said that, similar to a home mortgage, refinancing will save money in the long run. He said the two resolutions before the Board were necessary for the process and that if there was no savings within the next 45 days, the refinancing wouldn't happen, thus making this a no risk scenario. Laux said the bottom line savings was roughly $2.3 million if the County refinanced the $29.9 million that was eligible. He said the School Board would also need to take some action as the debt was tied to some of their loans for buildings. Dr. Neiman Young, County Administrator, recommended the Board adopt the resolutions to authorize himself and the County Attorney, Eric Gregory, to act as needed to take further action. The Board approved.
Next was the Special Exception Permit request from Freedom Hunt Club. Brad Hudson, Director of Community Development, gave his summary of information then asked the Board for action. Brabo said Public Comment was needed first. Hudson said this was an Action Item, not a Public Hearing and Public Comment wasn't necessary. Brabo asked what percentage of the property would be used for camping versus gun activities and Hudson said he would need to research that and answer later. The Board then approved sending the request to the Planning Commission.
Hudson stayed at the podium to present the next item, a rezoning request by Darrell Hertenstein. Hudson said Hertenstein has asked for a joint meeting between the Planning Commission and the Board of Supervisors where his project could be presented. Brabo asked for clarity about the proffer statement and changes that could be made to the plan. Hudson said once it's rezoned, then the plan can be changed. Brabo asked if anything could be changed and Hudson said yes. Brabo asked if that was typical and Hudson said yes, this is a conceptual plan and those have been presented before. Brabo asked if drastic changes could be made to a proposed plan and Hudson said those would need to go through an approval process. Bueche said they were being asked to hold a special meeting and wondered if there was a reason. Hudson said he assumed it was because of a pressing timeline. A member of the audience asked to be recognized and said the reason was because the land was under contract until the end of October so a delay would be detrimental to the project. Brabo asked if October 8th at 7:00pm was okay for everyone else. Binder said she had some heartburn about this project not going before the Planning Commission before the Supervisors look at it. She said she was trying to treat everyone the same even though this has been done before. Bueche said that was why he asked if there was a time crunch. Brabo asked if the discussions at the joint meeting would be separate. Gregory said that it would be a joint Public Hearing and, although not often held, the conversation would be joint but the decisions and votes would be separate to each body, meaning the Planning Commission would vote then the Supervisors would vote. Brabo said that would be good since the Supervisors could reap the benefit of hearing the Planning Commission's discussion. Bueche said the Planning Commission could vote then the Supervisors could ask questions and then vote but Gregory said with a Public Hearing staff would present, there would public comment, and then the Planning Commission would vote and the Supervisors would vote. He said there could be discussion between the two bodies, meaning the Planning Commission and the Supervisors, but the decision would be separate. The Board approved advertising for a special meeting.
Hudson again remained at the podium to present a special exception permit request by Rodney Rollins to amend his existing Special Exception Permit. Hudson gave a summary that stated the Virginia Department of Environmental Quality (DEQ) was requesting that Rollins install a cover on his sludge storage facility and Rollins was asking for one requirement, to only spread the sludge on his farm, be removed from his permit. Brabo asked if DEQ was "requesting" or "requiring" the cover. Hudson said they were "requesting." Brabo said she wasn't sure how this played into Rollins' negotiations with DEQ. Gregory said he couldn't speak for DEQ but said they were in favor of the change requested by Rollins. Gregory said the bio-solids need a place to go and Rollins provides that. Gregory said this would allow Rollins more flexibility and DEQ felt that was a good thing. The cover would also allow Rollins to run the facility more efficiently. Gregory said he couldn't speak for Rollins either but felt Rollins was willing to make the investment but wanted to spread the bio-solids elsewhere. Brabo said she didn't see why this needed to skip the Planning Commission and Gregory said they were just trying to streamline the process but had no issues going before the Planning Commission. Brabo said her concern was if the Planning Commission was left out, it was one less opportunity to hear from neighbors. The Board approved sending the request to the Planning Commission.
The new Director of Economic Development, Nick Minor, and Bob Baird then presented an application for tourism funding from Parks and Recreation to help pay for updated guide books for the Plant Central Rappahannock Natives publication. Baird said the request was for $1,200 and would include the new native plant garden in Cedell Brooks Park. Brabo asked when the last edition was published and Minor said two years ago. Brabo asked how it was funded previously and Baird said a grant from GWRC covered the $30,000 expense to develop and publish the original booklet. Brabo asked what the cost was this year and Baird said he didn't know but the $1,200 was a cost share portion they were asked to provide. Binder said she found the publication useful as she's found it difficult to grow plants in her yard. Brabo said she wasn't opposed to it but was wondering if it should use tourism funds or general funds. Binder said she felt tourism funds were appropriate as she has seen people visiting Cedell Brooks Park from outside of the area. The fund request was approved.
Next to present was David Howard from Waste Management. He came before the Board to request an amendment to allow for additional waste tonnage at the landfill. Howard said there's an opportunity this year to accept more due to a closure in Fairfax. He said there would be no change to the hours of operation and that the waste would arrive by truck and rail just like the rest.
Granger thanked Dr. Young for providing the historical numbers and limits and said that the past few years the County has been able to increase the amounts and get more funds for capital projects. He said it makes sense to move forward but felt it was something the Board shouldn't get in the habit of doing. Granger said that he didn't want to get addicted to the extra money. The Board approved the additional tonnage. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is the Secretary of the Landfill Advisory Committee.]
Bueche then began reading the wrong item on the Agenda, caught himself, then apologized. He said he had "no idea what I was reading" but mentioned Project94 recommended bringing extra coffee for tonight's meeting and he regretting not bringing a backup thermos.
Dr. Young then presented a resolution for Potomac Landing to allow golf carts. Young said that in discussions with Gregory, they discovered that there also needs to be a Public Hearing before the resolution. Gregory said because it requires an ordinance amendment, there needs to be a Public Hearing first. The Board approved advertising a hearing.
Next was a discussion of the noise ordinance. Granger said he asked to add this to the Agenda because he was approached by a resident who had a neighbor that has been firing guns through the night. Granger said it wasn't a one-off situation but instead has been a regular occurrence. He said the resident complained to the Sheriff's Office but they said the firing of the gun was lawful and exempt from the noise ordinance. Granger said the neighbor was "disinclined to stop" so he felt it was something that should be addressed and had Gregory look into the issue. He said he was bringing it to the Board to see if anyone had any interest in amending the noise ordinance to prohibit firing guns at night in non-hunting situations.
Brabo said she was okay sending the issue to the Planning Commission but Gregory said it wasn't a zoning issue and therefore wouldn't go before the Planning Commission. Gregory said he did some analysis and it was a thorny issue but he was able to come up with a drafted amendment. He said that because noise was a subject issue, ordinances needed to have an objective measurement, as the County discovered when it originally implemented the noise ordinance. He said that because of firearm restrictions and state laws, there were certain limits they had to abide by. He said the current noise ordinance had an exemption for firearms. Gregory said that unfortunately they can't just make up a law that says knock it off so his suggestion was to restrict the exemption to prohibit non-hunting firearm use between 10:00pm and 6:00am and to not be above 65 decibels. He said he ran the proposal by the Deputy Commonwealth's Attorney and the Sheriff and both thought it would work. Gregory said he wasn't sure how well the measuring equipment would do.
Bueche appreciated his work but thought that by the time a deputy showed up, the firing may be over with. He also said it may be a landowner shooting at nuisances like foxes or coyotes. He was also not a fan of times that were outside of the typical sunup to sundown for hunting. Gregory said his proposal was 10:00pm to 6:00am. to which Bueche apologized saying he heard it wrong. Gregory added that they can't restrict firearms more than any other activity so that's why they used those hours. Granger added that the Sheriff has received multiple complaints and the neighbor has still been "disinclined" to stop. Jenkins said that going for a nuisance animal may fall under hunting and felt, as a member of law enforcement, this proposal gives the officers the tools to do their job. Bueche added that "sometimes you can't legislate common sense." Brabo agreed that it was another tool in the tool box. Gregory closed out the discussion by saying the next steps would be to prepare a draft ordinance amendment, give a Board report, authorize a Public Hearing, and then approve or deny.
The County Administrator, Dr. Neiman Young, had no report.
The Closed Session began at 10:56pm and Dr. Young, Eric Gregory, Jonathon Weakley (Service Authority General Manager), Brad Hudson, Heather Hall, and Mike Bennett (Service Authority Board of Directors) were all invited to attend. Hudson and Weakley left at 11:13pm and the Board returned from Closed Session at 11:27pm. They adjourned their meeting one minute later, making this the longest recorded pair of meetings in all of 2018 and 2019. The previous record was 10:22pm this year and 11:06pm in 2018.
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 September 18, 2019 at 5:30 pm at the Revercomb Building.
Previous Meeting:
Read about the previous Board of Supervisors Meeting.
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