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Monday, October 21, 2019

OPINION - Urgent Care Project Dies On Operating Table

by Neil Richard

The King George County Board of Supervisors and the Planning Commission met on October 8, 2019 for what would be one of the most painful meetings I've attended over the past two years of following local government. Many would find it painful to sit through a five hour meeting and earn nothing but time away from your family. I don't have a brain tumor but I do enjoy going to these meetings because I get to learn about what's happening where I live and I get to meet new people and hear their story. I found this particular meeting painful because the joy was quickly sucked out on so many levels. In the spirit of being honest, I'll risk burning a few bridges to bring you what I felt about the meeting in as objective a manner as possible.

When my day began, my wife asked me when I was leaving for the meeting. I knew it would be busy night but thought that getting there an hour early was a little too crazy. Turns out, getting there an hour early was perfect. The doors were closed and nobody was allowed in until until 6:30pm. At least until Supervisor Jeff Bueche walked past and told everyone to come in regardless of what we were told previously. The extra ten minutes didn't make a huge difference but it ensured first choice of seats.



Within twenty minutes the Board Room was half full. By the time the meeting was about to begin, the County Administrator, Neiman Young, closed the meeting to further attendees and said that those outside the meeting room would still be allowed to give public comment when the time came but nobody else was allowed in for fear of violating fire codes. Based on how crowded it was, I felt he should have closed things off a little sooner. I later did a rough count of the number of people in the room and came up with about 150 people, including the Supervisors and County staff. The Maximum Occupancy sign wasn't visible but I vaguely recall it saying 155 people. Either way, the only empty seats the whole night were those on the dais, and even some of those had people sitting in them. In addition to that, another 100 or more people watched various Facebook Live feeds and another 20 or more people stood in the lobby outside the Board Room.

Standing room only minutes before the meeting begins.

The meeting started promptly at 7:00pm but I only heard the Board of Supervisors call their meeting to order. Even when I reviewed the Facebook videos from Ryan Gass and Supervisor Ruby Brabo, I did not see the Planning Commission Chair, Kristopher Parker, call their meeting to order. This may seem like a small thing but with something this big, I felt it was a little odd that the formalities and procedures weren't carefully adhered to. There was a quorum as he noted and I don't feel that Parker's minor gaffe was intentional or malicious. I've worked with him before and know him well enough to know that's not something he would do with any intent.

While Sheriff Deputies are always present for regular Supervisor meetings, they rarely attend work sessions. The only recent exception was the previous, and heated, budget work session, where a Deputy was called in to help maintain order. This was the first meeting where a second Deputy was called to help. He was put to work later in the evening as one speaker exceeded his allotted three minutes at the podium and was asked to sit down. When he didn't immediately do so, the extra deputy came forward, took the microphone away, and escorted him away from the podium.

We'll come back to the circus of Public Comment in a bit but first, there was a staff presentation on the proposed rezoning request. It took Heather Hall, Zoning Administrator and Senior Planner for the County, roughly 90 minutes to go through her 81 page PowerPoint presentation. While I have not attended a lot of Planning Commission meetings, this felt strange and abnormal to have this much detail given for a rezoning request. However, the Planning Commission meetings I've attended have been much more informal and had exponentially fewer attendees. I got the impression that Hall was doing her best to ensure that all of the boxes were checked and that nothing was left out from the County's recommendation to deny the request. She read comments from Virginia Department of Transportation (VDOT), the Service Authority, and other important stakeholders. Many of those slides were verbatim from the letters she received.

There were a few points from Hall's presentation that I feel are important to the proposed development. First, even though the request was submitted when the previous Comprehensive Plan (2013) was in effect, it still fell within the Primary Settlement Area as designated in the current Comprehensive Plan (2019). The plan covers three major parcels with one fronting Kings Highway (Route 3) and two fronting James Madison Parkway (Highway 301). There is a plan to connect them with a pedestrian path but not a road. This connector would be a sticking point for some as various sides argued the differences between an "inter-connector" and an "intra-connector" and if it would be a pedestrian path or a road or a pedestrian path capable of handling only emergency vehicles. Add to that the complications of a small creek bed and wetlands designation and in the end I think everyone was a little lost in the woods.

If the rezoning were approved, a maximum of 600 residential units would be allowed but one of the many proffers made by Hertenstein was to limit it to 450 units. Another proffer was to have a minimum of 100 age-restricted units where anyone under the age of 18 would not be allowed to live there. There were other proffers too, such as only 75 occupancy permits allowed in the first year and 50 for each successive year. There were also pocket parks, a Home Owners Association (HOA), a clubhouse, and more. The biggest proffer was to Mary Washington Healthcare which was to place $500,000 in escrow for them to use on a new building there and to gift them the acreage for the building.

Another point in Hall's presentation that stood out was the Service Authority response. Although the letter stated "In summary, the Service Authority does not object to the rezoning application. However, we do not have sufficient capacity at the existing WWTP [Waste Water Treatment Plant] for the whole proposed development." Many took this to mean that the Service Authority didn't want the development when in fact, during their joint meeting last month, the Board of Supervisors and Service Authority Board of Directors discussed the need for the development to help cover costs of the Purkins Corner WWTP replacement. Mike Bennett, Chairman of the Board of Directors, and Jonathon Weakley, Service Authority General Manager, both spoke to these points later in the evening but I feel didn't make a strong, clear statement that they had made a decision to decommission and replace the Purkins Corner WWTP.

We'll come back to the shortcomings of the County's communication in a bit but first, there was another point in Hall's presentation about the capability of the Fire, Rescue, and Emergency Services Department, namely the Fire Department, to respond to fires in a four story building. This is not a new topic of discussion as Chief Moody and others have discussed the Department's need for a ladder truck or aerial ladder that will reach something higher than three stories. Along with more Rescue units, more personnel, and more equipment, these have frequently been discussed at budget work sessions and Capital Improvement Program (CIP) meetings.

The portion of the presentation regarding the impact to the school system was the most confusing. I understood everything about how the development would be within the King George Elementary School (KGES) district and how student populations are hard to predict from year to year. I understood that KGES housed the gifted and special education programs and typically had a slightly larger student population than Sealston and Potomac. But when the presentation turned to the impact on the King George Middle School (KGMS) and the expansion currently in progress there, I got a little lost. My understanding was that all sixth grade students from all elementary schools would eventually be housed at KGMS. This would leave Kindergarten through Fifth Grade at the elementary school level. But there was a line about fifth grade moving to the middle school and the only thing that made sense was that the fifth grade class, those currently in Fourth Grade right now in the 2019/2020 school year, would be the class moving to the middle school in the 2021/2022 school year for Sixth Grade.

Hall concluded her presentation with the previously mentioned recommendation to deny the rezoning. The audience applauded but it was clear they were happy to see the end of the long presentation and admired her hard work reading for 90 minutes straight.

Landon Davis, an attorney for Darrell Hertenstein and the Hertenstein Investment Group, then gave a presentation that addressed the two main causes for the recommendation to deny as well as the paragraph at the end of the recommendation that was a mix of issues. Davis went on to discuss the "inter" versus "intra" parcel connector and felt that even if one was required, they would be exempt because of the wetlands designation. To address the concerns over potential fires, Davis said they would use non-combustible material for construction and landscaping as well as build the residential units with sprinkler systems. He also offered an additional proffer to not build anything over three stories tall. In regards to the laundry list of issues in Hall's presentation, Davis said the Service Authority was limiting their development and that it would be phased in over ten years. He also said that VDOT's statement of "no further exception" was standard at this stage of a development. Davis said the Preliminary Plan, the next stage, was typically where VDOT would begin to have more requirements on the developer.

Then the circus of Public  Comment began. I say circus because it was wild for me to see how many of my neighbors were so uninformed. Not just about this proposed development but about the County in general. It was appalling but understandable. Understandable because I've been there before. Once upon a time not too long ago I frankly didn't care who did what in government at any level, Federal, State, or local. As my family grew, I became more informed. I cared more about who I voted for or against. I cared more about the world my children would grow to inherit. Maybe I've officially reached "old man" status but I know more, and care more, about issues that are global and local. It's all important to me. But I've learned that, for me at least, I can't form a coherent opinion without having all of the facts first. One fact I saw first hand during Public Comment was the disturbing number of individuals that just didn't know enough about where they live.

Public Comment was such that it drove me to a point of anger towards my fellow residents. I was angry enough that I began crafting my own public comment while they spoke. I was angry enough to stop listening to everyone that spoke and instead just listened to if they were for or against the rezoning. Which for the record I had at 17 for, 14 against, and 5 undecided (compared to another member of the audience who counted 17 for, 18 against, and 4 undecided). I ended up not finishing my public comment as the Supervisors began reading emails that were submitted to them, which numbered about five. There were several other emails and letters that the Supervisors did not read into the record due to time constraints. Brabo alone claimed to have had 22 letters sent to her but she wasn't able to read them because her phone was being used to broadcast the event and she forgot her computer at home. [2019-10-25 - EDITED - The official count for Public Comment was "the total number (in all) that spoke were, 35 individuals and 5 were read via email."]

After taking time to decompress from the meeting, I've largely gotten over my anger at my fellow citizens. While it is their fault for not knowing more about the county they live in, I can't be angry at them for speaking passionately about something they believe in. I have friends and family that I absolutely disagree with but that doesn't give me the right to be angry at them or to hate them for having a different opinion or belief than me. If I did, I would be in the wrong. I just wish I had realized this in the moment of the meeting. One speaker even brought this up by saying it was great to see so much community involvement, regardless of if they supported the project or not. I have to agree. I didn't see it at the time, but it's great to see so many people care enough about something to become involved. If that trend continues, there may be hope for our future yet.

After another 90 minutes of Public Comment, it was time for questions from the Planning Commission. When Bueche began the meeting all those hours earlier, he said the Supervisors would ask questions, make comments, and make a decision after the Planning Commission had followed those steps. With only another 90 minutes left before the Supervisors hit their midnight deadline, everyone began checking the clock on the wall only to realize that it was broken and stopped working an hour prior.

The questions from the Planning Commission were numerous and involved answers from the engineer of the proposed plan, the developer's lawyer, Mary Washington Healthcare, the Service Authority, and more. I think what bothered me the most then, and even more so now, was the lack of knowledge of the general happenings in the County. The incredible lack of communication with the Planning Commission initially came across as a lack of intelligence but many members of the Commission quickly made it apparent that they knew their stuff. They just didn't know various things as it related specifically to the County. Let me make that clear again, to you the reader and to those that I know on the Planning Commission, I'm not calling you stupid, I'm saying not everyone is communicating with you as much as they should. And as the newly elected Chair of the Landfill Advisory Committee, and the former Secretary, I openly take part of that blame. I have never communicated to you, or any other Board or Commission or Committee, what challenges and successes we are facing. If you check your Inbox, I've taken the first step to remedy that. I hope you can do the same.

The most startling string of questions from the Planning Commission was surrounding the Service Authority. I'll admit, waste water is confusing. But when a vital form of infrastructure is operating within your wheelhouse, I would like to hope there's better communication between everyone. I know I am the odd man out that actually reads all the County Agendas for fun but it helps me form a better opinion on issues. I hope it can help the Planning Commission make better decisions on projects that come before them.

A less startling but very interesting string of questions was addressed to the Mary Washington Healthcare representative in the audience. He stated that the Hospital has a three year contract to lease their space in the old Journal Building but they had no room to expand there. He said the plan was to use the new facility in the proposed development to expand their services into King George. This led to some discussion as to the definitions of urgent care versus emergency care and that their facility now, which opens on November 11, and the one they hope to occupy in the future would be urgent care, not an emergency room. Although there are many of the same services offered, he did well at explaining some of the differences and that there were different metrics used to determine when each different type of facility had enough patient volume to open.

Just as Dr. Benson, Superintendent of Schools, was getting ready to answer questions, the Supervisors adjourned their meeting at 11:59pm. With four of them working full time jobs and with children at home to help take care of, it was no surprise they stuck to their midnight deadline. Although it should be noted that in my research for this article I discovered that the Supervisors can extend their meetings past midnight with a four-fifths vote.

Many in the audience stayed until midnight.

With the Supervisors adjourned, and much of the audience leaving, the Planning Commission took a brief recess. When they reconvened, they quickly decided to defer any further decision until the next meeting on November 12, 2019. They also deferred the rest of their Agenda, including the Public Hearings, until that same night. With nothing else to discuss, they adjourned their meeting at 12:20am.

Planning Commission Attendees:
Kristofer Parker, Chair
Andrew Westling
Tara Patteson
Josh Colwell
Kevin Myers
Gary Kendrick
Ross Devries
Jason Williams
Joseph Gaborow
DJ Watkins

Board of Supervisors 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)

Also Present:
Christopher Werle (Service Authority Board of Directors)
Jonathon Weakley (General Manager of Service Authority)
Michael Bennett (Service Authority Chairman, Citizen)
Chief Moody (Fire, Rescue, and Emergency Services)
Captain Giles (King George County Sheriff's Office)
Dr. Benson (Superintendent, King George County Schools)
Lorrie Gump (Commissioner of the Revenue)
Tammy Indseth (School Board)
T. C. Collins (School Board)
Nick Minor (Director of Economic Development and Tourism)

Meeting Agenda

Next Meeting:
The Board of Supervisors will next meet on October 15, 2019 at 7:00 pm at the Revercomb Building.
The Planning Commission will next meet on November 12, 2019 at 7:00 pm at the Revercomb Building.

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

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