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Thursday, October 17, 2019

2019-10-01 - Board of Supervisors Meeting Notes

by Neil Richard

The King George County Board of Supervisors began their meeting after another quarterly, and short, Wireless Authority meeting.

There was an amendment to the Agenda as Dr. Neiman Young, County Administrator, asked the Board to move the Virginia Department of Transportation (VDOT) presentations to the beginning of the meeting as requested by Steve McKeever who was from out of town. The Board approved.

Public Comment began with Dan Hingley, Operations Manager for AQUA and former Interim General Manager of the Service Authority. Hingley wanted to take a minute of the Board's time to make them aware of a Sanitary Sewer Overflow (SSO) in Presidential Lakes. He said about 750 gallons of untreated waste water leaked due to a break in a force main. Hingley said the Virginia Department of Environmental Quality (DEQ) was notified as required and the issue had been corrected. He said that several residents notified the Supervisors and he just wanted to give them additional information.

Next was Alan Tye who was there to speak about the noise ordinance and said he appreciated everyone looking into the issue. He thanked Sheriff Dempsey who introduced him to Richard Granger. He said that the noise laws don't grow and account for the neighbors that shoot guns all night long. He was talking about large caliber rifles and handguns that would begin shooting at exploding targets after dark and go all the way into the morning. Tye said you can't cut grass after 10 pm but you can shoot guns 24 hours a day. He knew that because Sheriff Dempsey has sent officers to his house for years concerning his neighbor. Tye asked the Supervisors to consider the information given but also offered anecdotal evidence when his mother in law nearly fell out of her chair one night because of the noise. Tye said the noise impacts the health and welfare of residents.



Granger then read a letter from Carol Werle who said she has heard of the Golden Triangle [the rough triangle of land surrounded by Route 3, Route 205, and Highway 301] for the past few years but didn't think an architect's report from her position should be something the County adopts. Werle said that as a former Planner for the Army Corps of Engineers, she noted the presentation neglected to explain urban sprawl. She felt there was no population density near the Golden Triangle area to allow for it to serve as the center of the County. She said a major premise of planning is to separate industry from social activities yet the presentation showed a stone pit in the Golden Triangle. Within five miles of the Courthouse she said there were churches and schools and doctors and that these activities form a town center. Werle said an architect can build anywhere but a planner needs to plan. She closed her comments by saying the Golden Triangle was "fake coinage."

John Jenkins thanked everyone for their comments. He attended the Capital Improvement Program (CIP) work session on the 18th, the joint work session on Purkins Corner on the 19th, and a YMCA Board meeting on the 25th. He attended the Candidate Forum on the 26th and was "happy to be on the other side of it." On the 28th he attended the Fall Festival Pageant and wanted to give a shout-out to his daughter for winning Little Miss. He also congratulated the participants and volunteers for making the show run smoothly. On the 30th he attended another CIP meeting. Jenkins ended his report by saying he felt there was good progress being made on what capital projects to fund. He was excited that they added a pedestrian path along Owens and felt it would aid in the public's safety.

Richard Granger also thanked everyone for coming out and appreciated AQUA coming out and being up front. He attended the CIP meeting on the 18th, the joint meeting on the 19th, and another CIP meeting on the 30th. Granger said they finally figured out, for the most part, what the Board is taking on this year and the discussion on Thursday the 3rd would be just about the Courthouse. He said that was the elephant in the room and he was looking forward to Binder's presentation on it. Granger said earlier in the day he reached out to Community Development to get answers to his questions about the upcoming rezoning request for the joint public hearing on the 8th.

Cathy Binder thanked everyone that came out to speak and said that, regarding the Golden Triangle, she's talked to numerous residents and they've called it that for years. She said that before the recession hit, there were many plans for a government center. She then said she would present her vision of future development in King George on the 3rd and that some people may not like it. She's been working on it for two months and felt it would address the needs of the County in a phased approach. She said she's gotten a lot of feedback on it and it can be expanded upon and encouraged everyone to come out to see it. Binder added that she's toured many courthouses lately and learned a lot about modular construction. She's met with a lot of people about it.

Ruby Brabo attended the same set of meetings on the 18th, 19th, and 30th. She also attended a workshop at the University of Mary Washington on the 19th, Senator Warner's pig roast on the 21st, and the Governor's summit on Rural Prosperity on the 23rd and 24th. She said the summit is to ensure that rural communities are successful and prosperous and that it was important for local officials to get out of their county to bring back fresh ideas. Brabo participated in the Candidate Forum on the 26th and another in Fairview Beach on the 28th. She also attended a COMREL meeting on the 27th where the Primary Settlement Areas of King George were discussed. She said she would be holding a Joint Town Hall on the 29th as well.

Jeff Bueche also attended the same CIP meetings and work sessions on the 18th, 19th, and 30th. He also attended the Candidate Forums on the 26th and 28th. Regarding the Purkins Corner meeting, he felt it was a fruitful discussion that ended with consensus that there needs to be a new Waste Water Treatment Plant (WWTP) built. He said revenue is needed to address the infrastructure needs in the County, regardless of if the County grows or not, and that a diverse revenue source is needed.

Steve McKeever from VDOT then gave his presentation on an amendment to the Secondary Six Year Plan. He said the plan was approved in June of this year but they need to add a new project that's related to the Fairview Beach Riverbank Stabilization Project. He asked the Board to approve funds to be moved to cover the new project. The Board did so.

McKeever then spoke about the increased speed limit study for Kings Highway (Route 3) and James Madison Parkway (Highway 301). He said that the State Code required a study to be presented before the speed limit could be changed and that was what he presented. The three main sections reviewed and approved for increase were:

  1. Kings Highway (Route3) - just east of Birchwood Creek Road (Route 665) to just west of Barbara's Way
  2. James Madison Parkway (Highway 301) - just north of Caroline County line to half a mile south of Kings Highway (Route 3)
  3. James Madison Parkway (Highway 301) - quarter mile north of Ridge Road (Route 205) to a quarter mile south of Windsor Drive (Route 218)

McKeever said VDOT, Virginia State Police, and Sheriff Dempsey approved all three sections for an increased speed limit from 55 mph to 60 mph. According to the VDOT study, there would be limited impact to residents and businesses on the road, there was little to no pedestrian or bicycle usage, and the accident rate was lower than the state average.

Steve McKeever, VDOT, presents the third proposed area for a speed limit increase.

Bueche asked Dr. Young and Eric Gregory, County Attorney, if something like this, that impacted all citizens, needed to have a Public Hearing. Gregory said it wasn't required by law. Bueche said he didn't really care about that as much as if it was the right thing to do. Gregory said there was never anything wrong with having a Public Hearing. Jenkins said he would support a Public Hearing if it didn't impact the process. He said that although he didn't mind public input what stood out to him was the support from law enforcement agencies which was big for him. Granger said he was in lockstep with Jenkins and asked McKeever if there would be an issue pushing the final decision out a little bit. McKeever said it was entirely up to the Board.

Granger thanked McKeever for the presentation and agreed that law enforcement support was good but he also saw no problem in having citizens weigh in on the issue. Binder said she had a concern because she lives off 301 and her child gets on the bus there. She said there was no data on the amount of bus stops in the areas studied and she has seen numerous drivers cut off the bus driver. She said the bus driver needs to make a left turn and many times cars won't let them move over safely. Binder said there was a study that discussed removing some of the cross-overs and to build deceleration lanes but right now there are none. As it stood, she did not support increasing the speed to 60 mph.

Brabo said she welcomed public feedback and had no issue holding a Public Hearing. She said that the reason this was pursued in the first place was many residents requested an increased speed in these areas. It required state legislation to make that happen. She said Sheriff Dempsey blessed the idea before they approached state representatives but was okay moving forward with a Public Hearing. Bueche also thanked McKeever for his presentation and said what he noticed in the VDOT study was that everyone already exceeded 60 mph. He said increasing the speed limit would mean people would go even faster. While the law enforcement supported carried a lot of weight with him, Bueche said he was a "free thinking man" and really wanted to hear from the public. Brabo asked if Dr. Young could save McKeever a trip by giving the presentation in his place and Young said he could do that. A Public Hearing was approved for the 15th.

The Consent Agenda was approved.

The County Attorney, Eric Gregory, had no report.

Next on the Agenda was the Public Hearing on the 2019 Comprehensive Plan. Angela Foroughi gave a quick review of the process over the last several months of how the drafted Comprehensive Plan had gone through several public presentations, Board work sessions, and Planning Commission reviews. Foroughi said some of the major changes from the 2013 Comprehensive Plan included coordination with the Navy base in Dahlgren, cooperation with the Department of Economic Development and Tourism, and the changes to the Courthouse and Dahlgren Primary Settlement Areas.

Angela Foroughi shares one of the changes made to the Comprehensive Plan.

Justin Boyington spoke during Public Comment and asked that the Supervisors include the area off Indiantown Road that he and his parents have been working to rezone and develop. He said it currently abuts the currently drafted Courthouse West Primary Settlement Area and felt the potential development could help the water and sewer issues faced by the County. He felt the 107 acre parcel adjacent to the high school could be part of the solution instead of another development with wells and private septic systems.

Ed Murphy was next to speak and wanted to simply endorse the drafted Dahlgren Primary Settlement Area and thank the Supervisors for everything they've done.

Binder responded and asked what her colleagues thought about the Boyington's request. Granger said that the big concern is access to and the amount of congestion on Indiantown Road. While he appreciated where Boyington was coming from and that they've been working on a plan, he felt there were challenges. Brabo said she was not in favor of changing the boundaries as they are but did say the Board had the right to change the Comprehensive Plan in the future. Jenkins concurred. Bueche said he appreciated everyone's hard work, saying it was a long road but they got there. Brabo reminded her peers that there have been a lot of conversations about the boundaries and wanted to again say they were close to being required to have an MS4 [Municipal Separate Storm Sewer System] permit that would require the County to create a new department and staff it with people. She asked if anyone was willing to reduce the boundary of the Dahlgren Primary Settlement Area again because of this.

Granger asked what the parameters were for being designated as an urbanized area that required an MS4 permit and what data drove that decision. Brabo said she wasn't an expert but said it was something the County faced. Granger said he wasn't an expert either but wanted to know how close they were and asked if they were 100 feet away or 2 feet away. Brabo asked for consensus to have Dr. Young ask Virginia Department of Environmental Quality (DEQ) to help them better understand what is needed for an MS4 permit and Granger agreed.

Binder thanked everyone for their input and hard work and reiterated that it could be amended in the future. Bueche added that the Primary Settlement Areas were needed for growing a diverse area and the majority of the County is still agricultural. He said there's a lot of trees out there and, although he didn't know the proper community development term for it, there was a lot of green space. With that, the Supervisors approved the Comprehensive Plan.

Next was a presentation from Battalion Chief Lynd regarding an upcoming Point Of Distribution (POD) Exercise. Lynd's presentation said the idea was to help County staff prepare for their role in an emergency or natural disaster. With Dr. Young's monthly emergency management meetings with the department heads, Lynd said the exercise will help prepare for various scenarios. He said there would be a mock scenario of a loss of power and water due to severe storms. In the scenario, a delivery of emergency supplies would be made, primarily cases of water, and County staff would distribute the water to both role players and real residents. He said residents would receive a KGAlert when the facility was open and they could arrive to collect their free case of water. [EDITOR'S NOTE: If you are interested in being a role player, please contact Neil Richard at tk42one@gmail.com.]

Brabo asked about the Chief's plan to have three shifts and he responded that it was something that would happen on the back end and wouldn't impact the residents or role players. Brabo said she really appreciated all of the hard work that Dr. Young and the Fire, Rescue, and Emergency Services Department has put into better training everyone in the event of a disaster. She also reminded Chief Lynd that she frequently hears from residents about reinstating a citizen response team and to allow residents to give their name and contact info in the event of a disaster.

Moving to the next item on the Agenda, Dr. Young asked the Board to approve funds for a fireworks display in 2020. He said the Navy base in Dahlgren has agreed to act as host if the County would pay for the fireworks and some rides. The total cost of $33,000 was approved to be used from the Tourism Fund.

Proposed Fourth of July Celebration for 2020.

Next was a discussion of the Noise Ordinance Amendment. Gregory gave a brief overview of the draft amendments he submitted saying that the original ordinance was created in 2013. Due to court cases it needed to have an objective measure of noise and thus the Sheriff's Office was required to purchase noise or decibel meters to enforce the ordinance. Gregory said there is no state law that prohibits discharging a firearm at night but also said that a reasonable response isn't prohibited. He said the proposed amendment will prohibit the non-hunting use of firearms from 10 pm to 6 am if it exceeds 65 decibels. A Public Hearing was approved.

Dr. Young then began his County Administrator's report with an update on the Nice Bridge replacement. The Maryland Transportation Authority (MDTA) contacted him regarding an upcoming archaeological study that would be conducted in Wayside Park in 2020. Brabo said Binder would probably appreciate her question about what would happen to the artifacts uncovered. She also wanted to make sure they became the property of King George County and not disposed of or stolen. Binder said many people didn't realize that there used to be a plantation house there that played a big role in the Civil War. According to stories she's heard, there were also Native American villages there as well. Brabo said she wasn't sure if it was something they could request and Young said there was a dig in 2016 but wasn't sure about the custody of the artifacts found. He said he would need to research that and follow up.

Dr. Young continued by saying Anne Bueche asked that Christopher Rezendes be appointed to the Comprehensive Policy and Management Team. The Board approved. Dr. Young then said the Virginia Association of Counties (VACo) has asked for a delegate for their upcoming business meeting. Brabo said that typically the Chair of the Board fills this role and the Board approved Bueche to be the delegate with Binder as the alternate.

The meeting adjourned 9:14 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 October 3, 2019 at 6:00 pm at the Revercomb Building.

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

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