by Neil Richard
The King George County Board of Supervisors began their meeting a short five minutes after the Service Authority finished their meeting.
There was an amendment to the Agenda. Dr. Neiman Young, County Administrator, recommended that the Second Amendment Sanctuary discussion be moved to directly after the County Attorney's report. The Board approved the amendment and the large audience applauded.
Because of the large crowd and the expected number of people making Public Comment, Chairman Jeff Bueche laid out some ground rules for the audience. He said that each person would be strictly limited to three minutes and needed to state their name and address. Bueche also said that the total time for everyone would be limited to one hour. He said that after 30 minutes, if the overwhelming majority were of the same opinion, in this case likely to be in support of the resolution, he would offer the second half of the allotted hour to those with an opposing opinion. Brabo asked about those members of the public that wanted to speak about something other than the Second Amendment Sanctuary and Bueche said he would afford time for them to speak as well. Bueche would also ask that the audience refrain from applause after the first speaker finished.
[Editor's Note: We normally identify those speaking during Public Comment and provide the same level of extensive detail in what they say. However, due to the extreme level of interest in the meeting, we opted to just list names and provide brief quotes. We apologize for any name that we spelled incorrectly.]
The first to speak was Chuck Rowan. He said when he travels to other places and is asked where he's from, he tells them he is American by birth, a Virginian by the Grace of God, and that he lives in a little place nobody's heard of called King George.
Those speaking in support of the proposed Second Amendment Sanctuary Resolution:
1. Rev. James Shaw - "I am a good guy with a gun"
2. Ryan Gass - "evacuated here from Maryland mostly because of their gun laws"
3. Bob Baird - "forefathers provided us with a strong document to protect our freedoms"
4. Dwight Lyons - "100% of our interactions with the Deputies have been positive, Governor Northam and allies were funded by out of state groups that want to take our guns away, how many Northam allies will risk their necks in confiscating our guns"
5. Jeremiah Hansen - "commonwealth and county are obligated to follow constitution as supreme law"
6. Lydia Hansen [minor] - "proposed laws would require anyone under 18 to have adult supervision for use of firearms even in self defense or parents face jail time"
7. Nathan Hansen [minor] - "laws proposed are unconstitutional"
8. Joel Hansen [minor] - "proposed bills make no sense, what makes 10 rounds so special"
9. Tim Hilton - "concerned my rights are being infringed on by new laws coming from Richmond"
10. Ana Maria Lovell - "want King George County to be Second Amendment sanctuary county"
11. Dr. Mary Aileen Farrell - "work in Maryland but live in Virginia because we want to have the right to defend ourselves"
12. Anthony Martinelli - read from Article 1, Section 13 of the Virginia Constitution
13. William Reed - "if we get smaller and smaller with our freedoms, we're going to have another civil war, it's about our freedom"
14. William Taylor - "if my right to bear arms offends you, then your right to vote offends me"
15. James hock - 1774 - read from a letter from Earl of Dartmouth prohibiting the export of gunpowder - "we don't want history to repeat itself"
Bueche paused comment at this point in time as it had reached the halfway point. Because everyone that had spoken was in support of the resolution, he called for those that wanted to speak out against it.
Those speaking against the proposed Second Amendment Sanctuary Resolution:
1. Barbara Jane Gaborow - "come from a family of hunters and gun owners, I support Second Amendment rights but I don't support making King George County a sanctuary... forgive the pun but passing this resolution is jumping the gun"
2. Susan Park - "Second Amendment is enshrined in our Constitution and doesn't require counties to protect it"
With nobody else approaching the podium to speak against the proposed resolution, Bueche asked for word to be passed outside that this was the time to come forward if they wanted to speak against it. This drew a loud laugh from the small crowd in the hallway.
Public Comment continued with more speaking in support of the proposed Second Amendment Sanctuary Resolution:
16. Alexander Sedanski - "Jefferson said laws to prohibit guns promotes assault and only serve to control and disarm citizens"
17. Lisa Pizana - "wanted to weigh in that he supports making King George County a Second Amendment sanctuary, I think it is the right thing to do"
18. Matthew Moore - "Brabo, I noticed there wasn't a D [Democrat] or R [Republican] next to your name on the ballot, none of you did, we're coming to you as citizens, not as Republicans or Democrats"
19. Rick Sandlin - "imperative that we pass Second Amendment sanctuary status in order to send message to Richmond"
20. Rusty Huyck - read the opening lines of the Constitution and said they "are powerful words even to this day"
After just over an hour of Public Comment, Bueche said that was the end for anything related to the Second Amendment Sanctuary resolution and asked for a show of hands of who in the audience supported it. The audience obliged. Jenkins quipped he could run outside if necessary.
Bueche then opened the floor for Public Comment unrelated to the proposed Second Amendment Sanctuary resolution.
Dreda Newman said she wanted to talk about public safety but nothing about guns. She said people being killed by drivers running red lights has hit a ten year high with 939 deaths. According to AAA data, two people die every day in the United States by those not stopping for signals. She said some of these crashes are caused by distractions or speeding. Newman said her daughter just got her learner's permit and both of them were nervous about driving around Dahlgren as they have seen people running red lights. She felt that VDOT or someone needed to do something about it.
Ryan Gass again approached the podium to give a comment unrelated to the proposed Second Amendment Sanctuary resolution but on a similar topic. He said that the Freedom Outdoor Hunt Club has his full support and felt it was a great opportunity for his family to go camping. He said it was a campground but it may interest those in the audience because it would include, as a supplement, a gun range.
John Jenkins said he wanted to give an apology for not responding to all of the emails he has received regarding the proposed Second Amendment Sanctuary resolution. He appreciated that people wrote to the Board and came out in person and said that no matter where they stood on the issue, he appreciated them speaking up.
Richard Granger also thanked everyone for coming out. He said he thought there had been some large meetings in the past but felt this one was the biggest. He thanked everyone on both sides of the issue and even though the vast majority of those present were in support of the proposed Second Amendment Sanctuary resolution, he wanted to thank Gaborow and Park for speaking as well. He said a civil discourse and respect were appreciated. To the Hansen kids that spoke, he said it was impressive they were brave enough to speak in public like that at their age and said he was nervous speaking from the dais. To Newman, he said he appreciated the info and it can certainly be shared. He wasn't sure what could be done but he did appreciate the statistics. Granger then said he had two potential candidates for the Infrastructure Advisory Committee but needed more time before making an appointment. He also said his representative on the Landfill Advisory Committee would be stepping down soon and asked that if anyone was interested in serving, especially those in the audience, to contact him.
Cathy Binder said she took some notes during Public Comment. To Newman, she thanked her for commenting and said some people need to be more considerate. She said the next life you save could be your own. She reminded everyone that she would be hosting a Town Hall on infrastructure on December 10th at the Dahlgren campus of the University of Mary Washington. She said everyone was welcome since the Wayside Park land swap would impact everyone. Binder said she visited family in Georgia over the holidays and was amazed at how much the small town had grown. She said it was more rural than King George from twenty years ago but because development was left to go crazy, it now reminds her of Fairfax. Binder also said the Freedom Hunt Club hearing would be coming before the Board on the 17th. She acknowledged the emails she and the Board received on the Second Amendment resolution and said that it took courage to speak against it tonight in public. Binder then appointed Kenny Allwine to the Infrastructure Advisory Committee and reappointed Dylan Teaford to the Economic Development Authority (EDA).
Ruby Brabo said she attended her final Good Jobs Here workshop and felt the strategic plan would be a beneficial product. She also participated in conference calls for Virginia Association of Counties (VACO) and National Association of Counties (NACO). On one of her final conference calls, she said they discussed filling her seat via a special election. Earlier in the day she also participated in a workshop and thanked Dr. Young for his presentation. Brabo apologized to those not allowed to speak tonight but said the Board has a hard stop at midnight. To Gaborow and Park, she said they weren't the only ones in opposition, just the only ones that came to speak. Brabo said Gaborow was correct that the proposed Second Amendment Sanctuary resolution was symbolic in nature, just like resolutions on Black History Month or the Farmer's Market. Brabo said it isn't a law. Brabo said that everyone was riled up and concerned right now but wanted to remind them that every vote matters. She then said the previous speaker was correct that no County Supervisor has a party label next to their name because it normally isn't done and there's an attitude that party politics don't play a part in County business. To Newman, she said that it was probably a matter more for the Sheriff's Office and trusted that Lieutenant Brandts, who was present along with three other Sheriff's Deputies, would take the concern back to the Sheriff's Office. Brabo said she truly appreciated community engagement and wished there would have been this kind of participation on past issues.
Jeff Bueche said he didn't have a report to deliver but wanted to address a couple of things. To the Hansen family, he said "that was impressive." After the applause died down Bueche said he has tried to re-institute basic civics with his own kids. Bueche thanked Kim Wilson who helped arrange for the new County decorations behind the Supervisors that tied into the upcoming 300th Anniversary. He thanked everyone for coming out tonight, especially those outside in the cold. He then read part of his Oath of Office and said that while the proposed resolution may not be law, may not be an ordinance, the next to last paragraph does say that public funds and employees would not be used to restrict Second Amendment rights nor aid other agencies trying to do so. This brought more applause from the audience. Bueche then said he is absolutely opposed to red flag laws and that the Bill of Rights were ratified. He said that even though Virginia is a Dillon Rule state, you can't legislate something away that has been ratified. Bueche then thanked everyone again for coming out and told Gaborow and Park that they had great courage for coming out tonight which drew more applause. Bueche said that even though we don't agree, we can have a civil conversation and "you have my absolute respect." The audience applauded again.
With that, the Consent Agenda was approved.
The County Attorney, Eric Gregory, had no report.
The hot topic of the evening was next on the Agenda. Dr. Young gave a brief overview of the proposed resolution then turned it over to Bueche. Brabo said that she wanted to comment for clarification that there were rumors being spread about comments she made at an earlier meeting when she cautioned Bueche about proposing such a resolution. Brabo said her words of caution were in a historical context because when she wanted to put something similar on the Agenda years ago, she was warned of the same thing by her peers then.
The Board then approved the Second Amendment Sanctuary Resolution. The hundred-plus people in the audience cheered. Their cheer was followed by another cheer from the thirty or so people in the hallway. Another second or two later and a loud cheer from outside could be heard from the several hundred people waiting outside.
Bueche called for a five minute recess at 9:01pm. The Board returned from their recess at 9:13pm with barely ten people in the audience.
Nick Minor, Director of Economic Development and Tourism, then approached the podium with Dylan Teaford from the EDA. Minor said he was disappointed the Board moved the Second Amendment Resolution ahead of him because he had a heck of a presentation prepared. The Board and the remaining public in the audience gave a good laugh before Minor continued with his presentation on the EDA's Small Business Incentive Program. Minor began his presentation and reviewed all of the previously discussed and presented key points. He said there was an update to the process that the EDA would ask the Supervisors for reimbursement through tax dollars earned from the business over four years and there was a more clearly defined claw back provision.
Brabo asked if the policy was emailed to them and Minor said it was. Brabo apologized for missing it then asked why there was a difference between the EDA requiring the business to meet requirements for three years but giving them four years to pay the grant back. Minor said they were betting on the business to be successful at four years if they made it to three years. After some discussion back and forth, Minor said he wasn't going to fight her over a great point and was happy to make the adjustment to four years as it protected the EDA and the County. With that, the Board approved to which Jenkins said "finally" as this was an important project for him.
The most heated part of the evening was next on the Agenda with the Board once again taking up the matter of the King George Middle School Expansion Project Change Orders. Dr. Young gave a presentation regarding the research he had done and the conclusions he had reached based on that data. Partway through the presentation, when Young got to the "elephant in the room" about why change orders were approved before the Supervisors approved funding them, Brabo interrupted and said the softball dugouts were not a problem until they were discovered in the field and we specifically said they couldn't be built. Young said he would cover some of that later in the presentation and Brabo said the community is great here and it was never about Title IX. Brabo said it was the cost of the dugouts that the Supervisors didn't like and felt there were other avenues that could have been used to build the dugouts. Bueche said there would be time for discussion at the end of the presentation and asked Dr. Young to continue.
Young said that if every issue in the field needed Board approval to address, the project would be delayed which would in turn cost the County more money. Of the change orders related to this project, Young said that the change orders fell into four main categories; latent conditions, design developments, document discrepancies, and owner requests. Young continued by explaining that the change orders were negotiated to get the County the best value and that the County Engineer and County Inspector have experience in large projects like this. Young said that while construction may have been completed in good faith, failure to pay for the completed work could result in litigation. He also said that if the Board decided to have every decision go through them before funding a change order, the County could incur an additional fine of $1,500 per day the contractors sit idle awaiting a decision.
In the end, Young recommended that the payment for the change orders be approved, including those that were not approved in the past, and establish a reserve in the contingency fund of $100,000 that would be used for emergency and Board approved expenditures.
With Young's report finished, Brabo said she was going to be a stickler on the softball dugouts. She said "they have our calendar, how is it we're causing a delay if they bring us a request in a timely manner?" Young asked who "they" was and Brabo said the construction had taken place that wasn't approved. The construction company, the School Board, somebody, approved it. She said that in the eight years she's served on the Board, it's never occurred to her that work would be completed before they approved it. Brabo asked what was the purpose of the Board if the they didn't need approval.
Binder said that as a former coach, she's a supporter of Title IX and felt that everyone knows they should have moved the softball fields. She said other localities have built fields and dugouts using volunteers. Binder said dugouts for girls haven't been there since 1969 and felt that $40,000 to build them was an outrageous price. She said she understood the need for the connector road because of wheelchair access but felt the Board needed to have more oversight on all projects and the County should have oversight on projects every day.
Young said he doesn't have oversight on the project, the schools do. He said he was surprised in his research about how the process works but said his recommendation was based on that research. He said that there is County oversight on the project with the County Inspector, County Engineer, and School Superintendent. He also said that the School Superintendent, Dr. Benson, was providing end-user feedback which resulted in some of the changes requested. Young said that the intention was to save the County money in the end by providing a better product. Young said he felt everyone involved in the process was acting in good faith to keep the project moving forward.
The representative from the architectural consultant then came to the podium to answer some questions form the Board. He said that it was never the understanding with the contractor that it would be automatically approved, they were instead acting in good faith. Brabo said "that's the risk you take" to which he responded it wasn't the risk of the architecture firm, they were just consultants on the project. Bueche asked who gave the authority and he said the architecture consultants gave recommendations to the County Engineer for changes to be made.
After a few more heated words, Eric Gregory, County Attorney, said that after the discussion and presentation, he agreed with Dr. Young's analysis and recommendation. Gregory said that in working through various projects over the years, he understands the concerns but the County Engineer and County staff work to further the project in the best interest of the County as the representatives of the Supervisors. He said greater scrutiny could be exercised going forward but he still advised proceeding as Dr. Young recommended.
When Bueche asked about the recommendations made for some of the changes, Gregory said he hadn't reviewed the documents in detail but the County Engineer would have made their recommendations based on the facts presented on the ground and would move forward in good faith with the best interest of the County in mind. The architecture firm's representative said that in regards to the dugouts, the County Engineer and School Superintendent asked for drawings which they gave to the contractor. When the original quote came back too high, the architecture firm did pro bono work to adjust the drawings and send back to the contractor to get the revised cost.
There was more heated discussion among the Board. Brabo said she felt the only person that could speak on the Board's behalf was the County Administrator, not the County Engineer. Granger said he was really struggling with executing a task before funds were allocated, further explaining that in the Federal Government, that was a big no-no.
In the end, the Board agreed to hold a work session to discuss how to proceed with future projects and how things should be handled in the future. The Board approved funding all of the change orders except the softball dugouts.
Next on the Agenda was the Ralph Bunche Arts and Humanities Center (RBAHC) option agreement. Brabo was concerned because there was no guarantee that the RBAHC would repay the County. Dr. Young said it was similar to the County's option on land in the Industrial Park except the County would be paid by the RBAHC over time. The Board approved of the measure.
Dr. Young then presented the Charter for the Infrastructure Advisory Committee. Brabo said there was nothing in it that said they needed to select a Chair or Vice Chair and Young said it would be addressed in the Bylaws. The Board approved the Charter. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is a member of the Infrastructure Advisory Committee.]
The agreement with Hefty, Wiley, and Gore was approved.
Next was the discussion on the Service Authority billing. Young reiterated much of what Jonathon Weakley, Service Authority General Manager, mentioned earlier in the evening. Young said there were issues with the current utility billing and that Weakley had no control over billing. He said there were numerous quality control issues and that in the end a vendor seemed like the most viable solution. He wanted the Board to know that the cost of the first six months would be paid by the County for about $80,000 while the Service Authority would take over after that as part of their regular budget.
Dr. Young then thanked his staff for keeping him on task in asking the Board for a date for their first meeting in 2020. The Board agreed on January 7, 2020 at 6:30pm. Jenkins said he had a serious problem with that which made everyone laugh. Brabo added that the reason the Supervisors needed to meet first was because they needed to appoint the Service Authority Board of Directors.
Dr. Young then got Board approval to appoint Dalyn Pettit to the Comprehensive Policy and Management Team (CPMT).
Closed Session began at 10:13pm and Gregory was invited to attend. They returned from Closed Session and adjourned at 10:38pm.
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 December 17, 2019 at 7:00 pm at the Revercomb Building.
Previous Meeting:
Read about the previous Board of Supervisors Meeting.
The King George County Board of Supervisors began their meeting a short five minutes after the Service Authority finished their meeting.
There was an amendment to the Agenda. Dr. Neiman Young, County Administrator, recommended that the Second Amendment Sanctuary discussion be moved to directly after the County Attorney's report. The Board approved the amendment and the large audience applauded.
Because of the large crowd and the expected number of people making Public Comment, Chairman Jeff Bueche laid out some ground rules for the audience. He said that each person would be strictly limited to three minutes and needed to state their name and address. Bueche also said that the total time for everyone would be limited to one hour. He said that after 30 minutes, if the overwhelming majority were of the same opinion, in this case likely to be in support of the resolution, he would offer the second half of the allotted hour to those with an opposing opinion. Brabo asked about those members of the public that wanted to speak about something other than the Second Amendment Sanctuary and Bueche said he would afford time for them to speak as well. Bueche would also ask that the audience refrain from applause after the first speaker finished.
[Editor's Note: We normally identify those speaking during Public Comment and provide the same level of extensive detail in what they say. However, due to the extreme level of interest in the meeting, we opted to just list names and provide brief quotes. We apologize for any name that we spelled incorrectly.]
The first to speak was Chuck Rowan. He said when he travels to other places and is asked where he's from, he tells them he is American by birth, a Virginian by the Grace of God, and that he lives in a little place nobody's heard of called King George.
Those speaking in support of the proposed Second Amendment Sanctuary Resolution:
1. Rev. James Shaw - "I am a good guy with a gun"
2. Ryan Gass - "evacuated here from Maryland mostly because of their gun laws"
3. Bob Baird - "forefathers provided us with a strong document to protect our freedoms"
4. Dwight Lyons - "100% of our interactions with the Deputies have been positive, Governor Northam and allies were funded by out of state groups that want to take our guns away, how many Northam allies will risk their necks in confiscating our guns"
5. Jeremiah Hansen - "commonwealth and county are obligated to follow constitution as supreme law"
6. Lydia Hansen [minor] - "proposed laws would require anyone under 18 to have adult supervision for use of firearms even in self defense or parents face jail time"
7. Nathan Hansen [minor] - "laws proposed are unconstitutional"
8. Joel Hansen [minor] - "proposed bills make no sense, what makes 10 rounds so special"
9. Tim Hilton - "concerned my rights are being infringed on by new laws coming from Richmond"
10. Ana Maria Lovell - "want King George County to be Second Amendment sanctuary county"
11. Dr. Mary Aileen Farrell - "work in Maryland but live in Virginia because we want to have the right to defend ourselves"
12. Anthony Martinelli - read from Article 1, Section 13 of the Virginia Constitution
13. William Reed - "if we get smaller and smaller with our freedoms, we're going to have another civil war, it's about our freedom"
14. William Taylor - "if my right to bear arms offends you, then your right to vote offends me"
15. James hock - 1774 - read from a letter from Earl of Dartmouth prohibiting the export of gunpowder - "we don't want history to repeat itself"
Bueche paused comment at this point in time as it had reached the halfway point. Because everyone that had spoken was in support of the resolution, he called for those that wanted to speak out against it.
Those speaking against the proposed Second Amendment Sanctuary Resolution:
1. Barbara Jane Gaborow - "come from a family of hunters and gun owners, I support Second Amendment rights but I don't support making King George County a sanctuary... forgive the pun but passing this resolution is jumping the gun"
2. Susan Park - "Second Amendment is enshrined in our Constitution and doesn't require counties to protect it"
With nobody else approaching the podium to speak against the proposed resolution, Bueche asked for word to be passed outside that this was the time to come forward if they wanted to speak against it. This drew a loud laugh from the small crowd in the hallway.
Public Comment continued with more speaking in support of the proposed Second Amendment Sanctuary Resolution:
16. Alexander Sedanski - "Jefferson said laws to prohibit guns promotes assault and only serve to control and disarm citizens"
17. Lisa Pizana - "wanted to weigh in that he supports making King George County a Second Amendment sanctuary, I think it is the right thing to do"
18. Matthew Moore - "Brabo, I noticed there wasn't a D [Democrat] or R [Republican] next to your name on the ballot, none of you did, we're coming to you as citizens, not as Republicans or Democrats"
19. Rick Sandlin - "imperative that we pass Second Amendment sanctuary status in order to send message to Richmond"
20. Rusty Huyck - read the opening lines of the Constitution and said they "are powerful words even to this day"
After just over an hour of Public Comment, Bueche said that was the end for anything related to the Second Amendment Sanctuary resolution and asked for a show of hands of who in the audience supported it. The audience obliged. Jenkins quipped he could run outside if necessary.
Bueche then opened the floor for Public Comment unrelated to the proposed Second Amendment Sanctuary resolution.
Dreda Newman said she wanted to talk about public safety but nothing about guns. She said people being killed by drivers running red lights has hit a ten year high with 939 deaths. According to AAA data, two people die every day in the United States by those not stopping for signals. She said some of these crashes are caused by distractions or speeding. Newman said her daughter just got her learner's permit and both of them were nervous about driving around Dahlgren as they have seen people running red lights. She felt that VDOT or someone needed to do something about it.
Ryan Gass again approached the podium to give a comment unrelated to the proposed Second Amendment Sanctuary resolution but on a similar topic. He said that the Freedom Outdoor Hunt Club has his full support and felt it was a great opportunity for his family to go camping. He said it was a campground but it may interest those in the audience because it would include, as a supplement, a gun range.
John Jenkins said he wanted to give an apology for not responding to all of the emails he has received regarding the proposed Second Amendment Sanctuary resolution. He appreciated that people wrote to the Board and came out in person and said that no matter where they stood on the issue, he appreciated them speaking up.
Richard Granger also thanked everyone for coming out. He said he thought there had been some large meetings in the past but felt this one was the biggest. He thanked everyone on both sides of the issue and even though the vast majority of those present were in support of the proposed Second Amendment Sanctuary resolution, he wanted to thank Gaborow and Park for speaking as well. He said a civil discourse and respect were appreciated. To the Hansen kids that spoke, he said it was impressive they were brave enough to speak in public like that at their age and said he was nervous speaking from the dais. To Newman, he said he appreciated the info and it can certainly be shared. He wasn't sure what could be done but he did appreciate the statistics. Granger then said he had two potential candidates for the Infrastructure Advisory Committee but needed more time before making an appointment. He also said his representative on the Landfill Advisory Committee would be stepping down soon and asked that if anyone was interested in serving, especially those in the audience, to contact him.
Cathy Binder said she took some notes during Public Comment. To Newman, she thanked her for commenting and said some people need to be more considerate. She said the next life you save could be your own. She reminded everyone that she would be hosting a Town Hall on infrastructure on December 10th at the Dahlgren campus of the University of Mary Washington. She said everyone was welcome since the Wayside Park land swap would impact everyone. Binder said she visited family in Georgia over the holidays and was amazed at how much the small town had grown. She said it was more rural than King George from twenty years ago but because development was left to go crazy, it now reminds her of Fairfax. Binder also said the Freedom Hunt Club hearing would be coming before the Board on the 17th. She acknowledged the emails she and the Board received on the Second Amendment resolution and said that it took courage to speak against it tonight in public. Binder then appointed Kenny Allwine to the Infrastructure Advisory Committee and reappointed Dylan Teaford to the Economic Development Authority (EDA).
Ruby Brabo said she attended her final Good Jobs Here workshop and felt the strategic plan would be a beneficial product. She also participated in conference calls for Virginia Association of Counties (VACO) and National Association of Counties (NACO). On one of her final conference calls, she said they discussed filling her seat via a special election. Earlier in the day she also participated in a workshop and thanked Dr. Young for his presentation. Brabo apologized to those not allowed to speak tonight but said the Board has a hard stop at midnight. To Gaborow and Park, she said they weren't the only ones in opposition, just the only ones that came to speak. Brabo said Gaborow was correct that the proposed Second Amendment Sanctuary resolution was symbolic in nature, just like resolutions on Black History Month or the Farmer's Market. Brabo said it isn't a law. Brabo said that everyone was riled up and concerned right now but wanted to remind them that every vote matters. She then said the previous speaker was correct that no County Supervisor has a party label next to their name because it normally isn't done and there's an attitude that party politics don't play a part in County business. To Newman, she said that it was probably a matter more for the Sheriff's Office and trusted that Lieutenant Brandts, who was present along with three other Sheriff's Deputies, would take the concern back to the Sheriff's Office. Brabo said she truly appreciated community engagement and wished there would have been this kind of participation on past issues.
Jeff Bueche said he didn't have a report to deliver but wanted to address a couple of things. To the Hansen family, he said "that was impressive." After the applause died down Bueche said he has tried to re-institute basic civics with his own kids. Bueche thanked Kim Wilson who helped arrange for the new County decorations behind the Supervisors that tied into the upcoming 300th Anniversary. He thanked everyone for coming out tonight, especially those outside in the cold. He then read part of his Oath of Office and said that while the proposed resolution may not be law, may not be an ordinance, the next to last paragraph does say that public funds and employees would not be used to restrict Second Amendment rights nor aid other agencies trying to do so. This brought more applause from the audience. Bueche then said he is absolutely opposed to red flag laws and that the Bill of Rights were ratified. He said that even though Virginia is a Dillon Rule state, you can't legislate something away that has been ratified. Bueche then thanked everyone again for coming out and told Gaborow and Park that they had great courage for coming out tonight which drew more applause. Bueche said that even though we don't agree, we can have a civil conversation and "you have my absolute respect." The audience applauded again.
With that, the Consent Agenda was approved.
The County Attorney, Eric Gregory, had no report.
The hot topic of the evening was next on the Agenda. Dr. Young gave a brief overview of the proposed resolution then turned it over to Bueche. Brabo said that she wanted to comment for clarification that there were rumors being spread about comments she made at an earlier meeting when she cautioned Bueche about proposing such a resolution. Brabo said her words of caution were in a historical context because when she wanted to put something similar on the Agenda years ago, she was warned of the same thing by her peers then.
The Board then approved the Second Amendment Sanctuary Resolution. The hundred-plus people in the audience cheered. Their cheer was followed by another cheer from the thirty or so people in the hallway. Another second or two later and a loud cheer from outside could be heard from the several hundred people waiting outside.
Bueche called for a five minute recess at 9:01pm. The Board returned from their recess at 9:13pm with barely ten people in the audience.
Nick Minor, Director of Economic Development and Tourism, then approached the podium with Dylan Teaford from the EDA. Minor said he was disappointed the Board moved the Second Amendment Resolution ahead of him because he had a heck of a presentation prepared. The Board and the remaining public in the audience gave a good laugh before Minor continued with his presentation on the EDA's Small Business Incentive Program. Minor began his presentation and reviewed all of the previously discussed and presented key points. He said there was an update to the process that the EDA would ask the Supervisors for reimbursement through tax dollars earned from the business over four years and there was a more clearly defined claw back provision.
Brabo asked if the policy was emailed to them and Minor said it was. Brabo apologized for missing it then asked why there was a difference between the EDA requiring the business to meet requirements for three years but giving them four years to pay the grant back. Minor said they were betting on the business to be successful at four years if they made it to three years. After some discussion back and forth, Minor said he wasn't going to fight her over a great point and was happy to make the adjustment to four years as it protected the EDA and the County. With that, the Board approved to which Jenkins said "finally" as this was an important project for him.
The most heated part of the evening was next on the Agenda with the Board once again taking up the matter of the King George Middle School Expansion Project Change Orders. Dr. Young gave a presentation regarding the research he had done and the conclusions he had reached based on that data. Partway through the presentation, when Young got to the "elephant in the room" about why change orders were approved before the Supervisors approved funding them, Brabo interrupted and said the softball dugouts were not a problem until they were discovered in the field and we specifically said they couldn't be built. Young said he would cover some of that later in the presentation and Brabo said the community is great here and it was never about Title IX. Brabo said it was the cost of the dugouts that the Supervisors didn't like and felt there were other avenues that could have been used to build the dugouts. Bueche said there would be time for discussion at the end of the presentation and asked Dr. Young to continue.
Young said that if every issue in the field needed Board approval to address, the project would be delayed which would in turn cost the County more money. Of the change orders related to this project, Young said that the change orders fell into four main categories; latent conditions, design developments, document discrepancies, and owner requests. Young continued by explaining that the change orders were negotiated to get the County the best value and that the County Engineer and County Inspector have experience in large projects like this. Young said that while construction may have been completed in good faith, failure to pay for the completed work could result in litigation. He also said that if the Board decided to have every decision go through them before funding a change order, the County could incur an additional fine of $1,500 per day the contractors sit idle awaiting a decision.
In the end, Young recommended that the payment for the change orders be approved, including those that were not approved in the past, and establish a reserve in the contingency fund of $100,000 that would be used for emergency and Board approved expenditures.
With Young's report finished, Brabo said she was going to be a stickler on the softball dugouts. She said "they have our calendar, how is it we're causing a delay if they bring us a request in a timely manner?" Young asked who "they" was and Brabo said the construction had taken place that wasn't approved. The construction company, the School Board, somebody, approved it. She said that in the eight years she's served on the Board, it's never occurred to her that work would be completed before they approved it. Brabo asked what was the purpose of the Board if the they didn't need approval.
Binder said that as a former coach, she's a supporter of Title IX and felt that everyone knows they should have moved the softball fields. She said other localities have built fields and dugouts using volunteers. Binder said dugouts for girls haven't been there since 1969 and felt that $40,000 to build them was an outrageous price. She said she understood the need for the connector road because of wheelchair access but felt the Board needed to have more oversight on all projects and the County should have oversight on projects every day.
Young said he doesn't have oversight on the project, the schools do. He said he was surprised in his research about how the process works but said his recommendation was based on that research. He said that there is County oversight on the project with the County Inspector, County Engineer, and School Superintendent. He also said that the School Superintendent, Dr. Benson, was providing end-user feedback which resulted in some of the changes requested. Young said that the intention was to save the County money in the end by providing a better product. Young said he felt everyone involved in the process was acting in good faith to keep the project moving forward.
The representative from the architectural consultant then came to the podium to answer some questions form the Board. He said that it was never the understanding with the contractor that it would be automatically approved, they were instead acting in good faith. Brabo said "that's the risk you take" to which he responded it wasn't the risk of the architecture firm, they were just consultants on the project. Bueche asked who gave the authority and he said the architecture consultants gave recommendations to the County Engineer for changes to be made.
After a few more heated words, Eric Gregory, County Attorney, said that after the discussion and presentation, he agreed with Dr. Young's analysis and recommendation. Gregory said that in working through various projects over the years, he understands the concerns but the County Engineer and County staff work to further the project in the best interest of the County as the representatives of the Supervisors. He said greater scrutiny could be exercised going forward but he still advised proceeding as Dr. Young recommended.
When Bueche asked about the recommendations made for some of the changes, Gregory said he hadn't reviewed the documents in detail but the County Engineer would have made their recommendations based on the facts presented on the ground and would move forward in good faith with the best interest of the County in mind. The architecture firm's representative said that in regards to the dugouts, the County Engineer and School Superintendent asked for drawings which they gave to the contractor. When the original quote came back too high, the architecture firm did pro bono work to adjust the drawings and send back to the contractor to get the revised cost.
There was more heated discussion among the Board. Brabo said she felt the only person that could speak on the Board's behalf was the County Administrator, not the County Engineer. Granger said he was really struggling with executing a task before funds were allocated, further explaining that in the Federal Government, that was a big no-no.
In the end, the Board agreed to hold a work session to discuss how to proceed with future projects and how things should be handled in the future. The Board approved funding all of the change orders except the softball dugouts.
Next on the Agenda was the Ralph Bunche Arts and Humanities Center (RBAHC) option agreement. Brabo was concerned because there was no guarantee that the RBAHC would repay the County. Dr. Young said it was similar to the County's option on land in the Industrial Park except the County would be paid by the RBAHC over time. The Board approved of the measure.
Dr. Young then presented the Charter for the Infrastructure Advisory Committee. Brabo said there was nothing in it that said they needed to select a Chair or Vice Chair and Young said it would be addressed in the Bylaws. The Board approved the Charter. [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is a member of the Infrastructure Advisory Committee.]
The agreement with Hefty, Wiley, and Gore was approved.
Next was the discussion on the Service Authority billing. Young reiterated much of what Jonathon Weakley, Service Authority General Manager, mentioned earlier in the evening. Young said there were issues with the current utility billing and that Weakley had no control over billing. He said there were numerous quality control issues and that in the end a vendor seemed like the most viable solution. He wanted the Board to know that the cost of the first six months would be paid by the County for about $80,000 while the Service Authority would take over after that as part of their regular budget.
Dr. Young then thanked his staff for keeping him on task in asking the Board for a date for their first meeting in 2020. The Board agreed on January 7, 2020 at 6:30pm. Jenkins said he had a serious problem with that which made everyone laugh. Brabo added that the reason the Supervisors needed to meet first was because they needed to appoint the Service Authority Board of Directors.
Dr. Young then got Board approval to appoint Dalyn Pettit to the Comprehensive Policy and Management Team (CPMT).
Closed Session began at 10:13pm and Gregory was invited to attend. They returned from Closed Session and adjourned at 10:38pm.
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 December 17, 2019 at 7:00 pm at the Revercomb Building.
Previous Meeting:
Read about the previous Board of Supervisors Meeting.
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