OPINION - Economic Development Town Hall

by Neil Richard

The Department of Economic Development has been hosting Town Halls in each voting district over the past two weeks, beginning with the James Madison District on December 6th. That Town Hall was followed by an At-Large Town Hall on December 10th and the Dahlgren District on December 11th. The last Town Hall, for the Shiloh District, is to be held on December 17th at 6:30pm at the Fire Department's Company 1 building.

The purpose of these Town Halls is to gather feedback from residents regarding the draft Economic Development Strategic Plan. For those residents that are unable to attend a Town Hall, the County has provided a survey in the news section of their website. During the December 14th Town Hall, hosted by Supervisor Jeff Bueche, there was a brief presentation on how and why the plan was created. Ryan Gandy, Director of Economic Development, gave the presentation with Annie Cupka, Grant Writer, and Dr. Neiman Young, County Administrator, giving a few extra points along the way.

After the short presentation, the floor was opened for public comment from the small audience of about ten to fifteen people. The questions asked, answers given, and comments made were all productive and amiable in nature. That's not to say that the questions were easy as some of them challenged Gandy and the rest on how they arrived at their plan and what the path forward was going to be.

For those that have not read the draft plan, its purpose is to develop a guideline for the County to make smart development decisions and to encourage different sources of revenue for the County all while preserving the rural and historical aspects. All of this is being driven by the impending increase in traffic because of the major construction projects on Interstate 95 and the new Nice Bridge. Without doing an in depth analysis of the plan, here are a few highlights from the Town Hall and the applicable portions of the draft Strategic Plan.

• The Mission Statement includes "rural character." It was mentioned that at previous Town Halls, residents wanted to know how that was defined. No clear definition was given.
• "Appendix A" is mentioned but not included in the draft plan.
• There are six priorities listed in the draft plan but they are not listed in any particular order. Although it may be easy for someone to assume the County feels "Healthcare" is lowest on the list of priorities because it is listed last, that's not the case. The overall feeling during the Town Hall is that all six topics are equally important as each other.
• Two of the priorities list a desire to "stunt telecommuting." Dr. Young clarified that it was a typo and it should read "stunt commuting." He further clarified that this was specifically directed towards those individuals that work in King George but live elsewhere. He said the desire was to make King George attractive enough for those individuals to live in the County and thus spend more of their money here.
• It was noted that under the Tourism and Recreation section, there was no agritourism listed. It was also noted that the desire to "Foster the continued expansion of all of the County's museums." was listed twice.
• It was noted that the school system was not mentioned in the Strategic Plan even though it would be a crucial point of it being successful. This led to a lengthy discussion on education in the County, including primary grades, secondary grades, post-secondary education, and vocational courses.
• There was some discussion and debate over the definition of affordable housing and how best to reflect the desired state of more housing options for those at various income levels. Just as different people have different definitions of "rural," the same can be said for "affordable housing."

A few key resources were either missing or only mentioned in the draft plan. In addition to the schools being missing, emergency services and the Service Authority were also missing. Dr. Young clarified these absences a bit at the beginning of the meeting and later in the evening. First, he said the school system was working on their own strategic plan. Second, both the schools and the Service Authority were their own separate entity. So even though the Service Authority was mentioned in the draft plan, and even though the schools and emergency services are vital to the success of the plan, the primary focus of the Economic Development Strategic Plan was economic development. Young said that these services would be impacted by any economic growth but if everything was included in the strategic plan, it would be too complex and too much of a burden to read.

The biggest news from the meeting came from Bueche who alluded to a plan in the works to bring a major healthcare provider to the County. Although he wasn't privy to all the details and couldn't share all of what he did know, it did sound like a promising development.

Overall, this draft Strategic Plan is one of many steps forward the County has been making. An updated Comprehensive Plan, new zoning ordinances, and other updated documents are either in progress or complete. By looking towards the future, the County is finally taking its proverbial head out of the sand and aiming to make intelligent decisions on growth. And even though growth is inevitable, this plan aims to control it in a way that is best for the residents now and into the future.

2018-09-18 - Board of Supervisors Meeting Notes

by Neil Richard

The Board of Supervisors began their September 18, 2018 meeting at 7:51pm.

First to speak during Public Comment was myself. You can read the lightly redacted comment here.

Next to speak was Jim Hanson who spoke about the same law firm being used to represent the County and the developer in a re-zoning request. He said it "doesn't smell good" and wants to know who's looking out for the County's best interest. He said it was apparent that a law firm can't serve two masters and wondered why they haven't recused themselves or why they haven't disclosed any apparent conflict of interest. He said it was starting to sound like Capital Hill.

Next to speak was Eric Kessler, who had previously spoken during the Service Authority meeting. He said he shared the same concerns as the previous gentleman about the Planning Commission and Board of Supervisors and a potential conflict of interest.

Carol Werle approached the podium to speak but got clarification from Richard Granger, Chairman, that there would be an opportunity for Public Comment on the proposed Mixed Use Development (MUD) later in the evening.

Thus concluded Public Comment.

John Jenkins began his Board report by thanking everyone for their comments. He appreciated my suggestions but didn't know the legalities of it and would leave that to the professionals. Regarding the comments about a potential conflict of interest, he said he didn't have any relationship with the developers other than speaking with them which is essential in his role. He said they had no impact on any of his decisions and he had no personal relationship with them.

On September 11th, he attended the Capital Improvement Project (CIP) meeting and felt it was very productive. He said a lot of people spoke and the big topic was the Courthouse which he felt was very high on the priority list. He then joked that saying this was a bit of a Captain Obvious comment.

On the 17th, he attended a George Washington Regional Commission (GWRC) meeting and Fredericksburg Area Metropolitan Planning Organization (FAMPO) meeting. He said broadband connectivity, or the lack of, was a popular topic and that four out of five jurisdictions in the state were not being provided with adequate broadband service. He also said the ability for a County to assess a cigarette tax was discussed but it feels like beating a dead horse because there's always a lack of progress being made.

Jenkins ended his report by reminding everyone that the King George YMCA was hosting a 10th Anniversary Gala on September 21st and it would be a great opportunity for everyone to come out and see him dressed up as Great Gatsby, but he probably wouldn't be dancing.

Jeff Bueche began his report by saying he also attended the CIP meeting on the 11th and that everybody had great presentations. Despite that, he felt that, at the end of the day, there's only so much money to spend. He encouraged citizens to speak up about how that money is spent.

Bueche reminded everyone that in addition to the YMCA anniversary was the Que-Fest on October 6th and 7th at Sealston Park with the Fall Festival the following weekend. Regarding the comments from Kessler, he said thank you for coming out and showing a visual of the water issues in Fairview Beach. He thanked Mike Bennett and the rest of the Board of Directors for their hard work. Bueche said that Ruby Brabo has often said it takes a long time to turn a big ship but he thinks it's turning pretty fast now and they're making good progress. Regarding my comments, he said he concurred with my point that appointees from the Supervisors are extensions of the Board and should be held to the same standards. Regarding the potential for conflict of interest, he said it's currently under legal review and while he wasn't an attorney, the County has a capable one in place with Eric Gregory and he planned to follow his advice. Bueche said that in layman's terms, their representative was advising them on the future Comprehensive Plan while the developer's representative was working on a project under the current Comprehensive Plan.

Ruby Brabo's report began with a long list of meetings she attended, including the Spotsylvania Regional Medical Center Board of Directors on the 5th, National Association of Counties (NACo) on the 7th, and the CIP meeting on the 11th. Also on the 11th, she attended the County employee's picnic and met with Wilson Greenlaw regarding the plans for the former Cameron Hills Golf Course. On the 12th she attended the Emergency Operations Command meeting for Hurricane Florence and on the 17th she attended a COMREL meeting. She said Dahlgren's base command staff is working with her to schedule a Town Hall meeting in the near future to discuss the declassification of the runway and the Readiness and Environmental Protection Integration (REPI) Program. Additionally, she was informed that the new bridge design for Route 301 was not approved by the Coast Guard.

Brabo said she also attended the same GWRC and FAMPO meetings already mentioned and asked Dr. Young, County Administrator, to see if the County could begin making payments to GWRC twice a year instead of monthly. Brabo said that Federal law now mandates weekend data be included in traffic studies, thus providing better analysis, however Virginia law does not allow this as of yet and will need to be updated to reflect the change. She said another topic of discussion was the inclusion of an estimated cost on a Request For Proposal (RFP) and that it might be a better idea to not include that as it may allow contractors to inflate their prices when not necessary. In other words, she said, costs should be based on materials and labor and should largely be similar across the state.

Brabo said she also attended a Joint Land Use (JLUS) meeting on the 18th and they discussed the possibility of a military overlay district to better control development. They also discussed the need for more housing for transient students on base and that Department of Defense housing requirements make it difficult for local developers to be included in approved housing lists, thus making it difficult for developers to build a viable project such as apartments or condos.

Brabo also presented a slide that showed how much staffing has increased in the Fire, Rescue, and Emergency Services Department. She said the employee count rose from 3 in 1999 to 33 in 2014 and the projected number of employees for 2020 is going to be 65. She said there are employees there, available for staffing but the Supervisors were not in charge of scheduling.

Responding to the conflict of interest comments earlier, Brabo added clarity that the firm in question was not a law firm, but rather a consulting firm. She said the firm, Bagby, Foroughi, and Goodpasture, was hired by the County because the Community Development Department was unable to handle the heavy workload. She added that the Board was unaware of the potential for conflict of interest until they attended the joint meeting with the Planning Commission. She said they were all shocked but they had the County Attorney, Eric Gregory, looking into the situation.

Cathy Binder started her report by stating she also attended the employee picnic and CIP meeting on the 11th. She said the Courthouse project is important and that she's continuing to hear from residents about the potential future use of Cameron Hills. She also thanked everyone that came forward and spoke at Public Comment.

Richard Granger thanked everyone for their public comments and discretion. He thanked me for my email and said he would review it later and entertain recommendations. Jenkins briefly interrupted and asked if it would be good to have Chief Moody come before the Board and discuss staffing and elaborate on scheduling. Brabo said it may be better to have Dr. Young reach out to him first before calling him in front of the Board.

Granger concluded his report by saying he also attended the CIP meeting and that he would defer to Gregory's input regarding any conflict of interest.

The Consent Agenda was approved.

The County Attorney, Eric Gregory, had no report.

Next was the Public Hearing on the proposed Zoning Ordinance text amendment to add Article 14 - Mixed Use Development (MUD) District. Darren Coffey of the Berkley Group presented the end result. It included several highlights such as minimum lot sizes of ten acres, maximum density of 18 units or five single family homes per acre, and various landscaping and architectural requirements. Coffey said certain things would be allowed by right, such as a convenience store, but that there would be certain restrictions like roof height, set backs, and parking.

There were some questions from the Board regarding structure height in relation to what the Fire Department could manage as well as how much open space or commercial space was required. Coffey said despite the Planning Commission voting against the MUD proposal, they did have a lot of effort involved.

Carol Werle opened Public Comment stating that, as the James Madison representative of the Economic Development Authority (EDA), she felt the MUD ordinance needed to be passed. She said that certain businesses, such as a service business, needed a certain level of density to be viable. She said zoning in the County has always been reactive and that project off Indiantown Road was still waiting on zoning after a year. She ended her comment by saying that we have to increase all businesses, not just developments and private residences.

Kim Dodge was next to speak and said she wanted to look at the financial impact. She said there were a lot of places available for her to run her business out of but many of them were too expensive. She said those that were more reasonably priced looked like they should be condemned. Dodge said she wished developers would instead rehabilitate older properties and rent them at affordable rates for a start-up business. She also said she was afraid a MUD project may mean higher taxes for residents as they would need to pay to maintain parking lots and landscaping.

Jim Hanson spoke again, this time citing his concern over a lack of infrastructure in the County. He said after leaving Northern Virginia, King George is like Heaven but it felt like the Supervisors were trying to stuff a ten pound cake in a five pound can. Hanson said the infrastructure isn't there to support Mixed Use and that we needed to manage growth the right way.

Thus ended Public Comment.

Granger said that the overlay district was for the Courthouse Settlement District and that the motivation for the MUD was to bring more commercial activity to the County. He also said that there wouldn't be an increase in taxes because it would not be the County that maintains the property.

Bueche responded to Dodge's comments saying there are a lot of places available to be leased and some are not appealing but this was something different. He also reiterated that it would be the property owner's responsibility to maintain the property, not the taxpayers. Additionally, he said the property owners would need to pay taxes to the County, even if there were no tenants. He said it was simply a tool for a developer to use, but not a requirement.

Jenkins said he felt like it gave the County a chance to create an identity. As far as prices and conditions of what was available, he said it wasn't within their control. Jenkins did say he wanted to see more small business in the County and that this might help with that.

Brabo said she recognized there was an infrastructure issue but that this could be an opportunity to get a developer to pay for capital improvements, just like the Board did with the Walnut Hill developer paying to connect the Owens and Dahlgren water systems. She said with any private property, the owner can set their own rates but even if it sat empty, they still had to pay the County taxes. Brabo said the Board can't make a property owner paint their building a certain color or cut their grass, but the goal was to address complaints from citizens about the lack of a downtown area. She said the Courthouse area doesn't really look like anything and people wanted improvements.

Brabo continued, stating it was the EDA's job to create a program for entrepreneurs and small businesses in the community. While the Economic Development office focuses on larger projects and larger businesses, she said the EDA should focus on smaller businesses.

Brabo then asked the County Attorney if any amendments could be made to the proposed ordinance and at what point would changes require a new Public Hearing process. Gregory said it would depend on what was changed but the removal of the Dahlgren District from the MUD ordinance would be fine along with other minor changes. Gregory said any large, whole-sale change would require starting over.

Brabo said she wanted to change some of the language on Page 12 regarding the application for rezoning. After some discussion among the Board, Gregory, and Coffey, they agreed that changing the wording to require the Zoning Administrator to provide written justification on waivers would be a minor clarification that wouldn't require the process to start over. With that clarity provided, the Mixed Use Development ordinance was approved with the two amendments, one to clarify the written justification needed for waivers and the other to remove the Dahlgren Primary Settlement District.

Next on the Agenda was the Debt Mitigation Plan presented by Kyle Laux of Davenport and Associates. Laux reviewed the plan and suggested language for the financial policy changes. He said that early discussions had 25% of year-end surplus going towards debt mitigation but the Board had reduced that to 10% with the theory that it could always put more towards the debt if needed. Laux said there were some modifications made due to tax code rules which brought about a discussion regarding cash funding versus creating new debt. Primarily due to tax code, the clause in the proposed policy states that funds could be taken from debt funds and used to cash fund a project.

This seemed to cause some confusion among the Supervisors who felt the debt fund should only be used for debt. Laux explained that it was just language that was needed for tax definitions in a rare scenario when it would be better to use those funds to cash fund a project versus taking on new debt which would in turn negate any positive impact the debt fund payment would have. Brabo said that a vote wasn't needed tonight and asked Laux to clarify that the goal is to pay down the debt. Laux said he could certainly take another try at the language and present the changes in the future.

Next was the approval of Hopyard Farm Section 4. Brabo said she thought this policy had changed, meaning the need to come before the Board again, but then she realized the ordinances had not been updated yet. The Board approved the plat.

Next was Lavita Cobb from the Department of Finance who presented a Change Order for the King George Middle School Expansion Project. She said the developer determined that the softball field lights needed to be removed and the cost would be $18,418.31. Cobb said funds were available in the contingency fund of the project to cover the costs. The Board approved the request.

Jeff Jenkins from the Solid Waste and Recycling Department then presented his request to have the County take control of the convenience centers. He said it takes a long time to address complaints as they come to him, then go to Waste Management, then the contractor, then back around again. He said he discussed the issue with Dr. Young and would have taken the proposal before the Landfill Advisory Committee but their meeting had been postponed. He said there was a need for a decision because the current contract ends on November 1st.

Brabo clarified that it wouldn't be an additional line item in the County's Budget because Waste Management would pay the County instead of paying the contractor. She said this would give accountability and service to the citizens of King George.

Bueche asked if these would be full time County employees with benefits and Dr. Young said yes. He said it also means that when he hears complaints from citizens, he can call Jeff Jenkins directly and have the issue addressed quickly. Bueche said "like when I complained about them closing ten minutes before 6pm."

The Supervisors approved the proposal.

Dr. Neiman Young, County Administrator, then asked the Board to adopt the Declaration of Local Emergency Resolution as required by code to end such a declaration. The Board approved.

Dr. Young then addressed the earlier comments about conflict of interest and said the firm in question was not a law firm but a firm that provided planning and engineering services. He said the integrity of his staff and himself were intact and that there have been no gifts or favors. He said the County has a small staff and it was necessary to creatively augment that staff with this firm. In turn, the firm has helped the County save money with the prime example being the increase in fees the County charges. Young said that he and Gregory were looking into the issue and were making plans for a blind review and that a letter was sent to the firm asking them to address the concerns. He said the response is also being reviewed by Gregory so that the issue can finally be put to rest.

Dr. Young asked the Board to appoint Jacque Kobuchi to the Rappahannock Area Community Service Board (RACSB) and the Board approved.

Dr. Young also wanted to publicly praise Lavita Cobb for her hard work. Young said she implemented a new process to auction items off, including several non-functional vehicles and many items at the old Middle School, that resulted in the County seeing over $14,000 in revenue. Binder added her thanks for helping clean up the old school.

Young continued, stating that there was a NACo initiative to help pay for leadership training for employees and the Board had previously agreed to send two employees. Young said he didn't ask for a Board vote at the time but was doing so now. They approved.

Young then came to a confusing scenario that he said arose. He said that in meeting with County staff and developers, they discovered a clerical error in recording plats in Dahlgren. Young said that Hertenstein sold five of twelve lots to Augustine Homes. Augustine Homes began making improvements but then learned that the plat was incorrect. When the plat was previously recorded, it split the large area into 12 lots however, the plat was vacated and should have reverted to the original 120 acre single lot. Because that vacation was improperly recorded, the County continued to assess tax on twelve individual lots. While it sounds confusing, Dr. Young said that he was asking the Board to vacate the original vacation to allow the single 120 acre lot to become the 12 ten acre lots it should be.

Bueche said he wanted to clarify for everyone that his had nothing to do with the previous re-zoning request from Hertenstein and that this was just a clerical error that needed to be corrected. He said it was an administrative error that could be corrected administratively. Gregory concurred, stating it was never intended to record the plat in such a way and that it was a mistake. Gregory again agreed that it was unrelated to the re-zoning request and he didn't see a problem in correcting the mistake.

Brabo asked if there needed to be a vote and Gregory said no, that under state code, things could be handled administratively.

The Board then went into Closed Session at 9:46pm, inviting Dr. Young and Eric Gregory. They returned at 10:00pm.

Brabo added one final comment that the JLUS meeting regarding compatible development could result in a need to hire an outside consultant.

The Board adjourned at 10:01pm.

Meeting Attendees:
John Jenkins (Board of Supervisors)
Jeff Bueche (Board of Supervisors)
Richard Granger (Chairman, 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 20, 2018 at 6:30 pm at Company 1.

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

2018-09-04 - Mixed Use Development Public Notice

2018-08-21 - Board of Supervisors Meeting Notes

by Neil Richard

The Board of Supervisors opened their August 21st meeting at 7:14pm.

There was no Public Comment.

John Jenkins began his report by jokingly saying he thanked everyone for their comments. In a more serious tone he did thank those in the audience for attending. He attended a George Washington Regional Commission (GWRC) meeting on August 20th and that ended his report.

Jeff Bueche began his report by saying school recently started. He thanked all the educators and those who worked through the summer to get ready for the school year and wished them luck. On the 14th he attended the Planning Commission and Board of Supervisors Joint Meeting to discuss the upcoming updates to the County's Comprehensive Plan. The current Comprehensive Plan is from 2013 and is required by state law to be reviewed and updated. On the 16th he attended a Virginia Association of Counties (VACo) Summit. He ended his report by moving to appoint Renee Parker to the Social Services Board of Directors. Her appointment was approved.

Cathy Binder attended the same joint meeting with the Planning Commission on the 14th as well as the VACo Summit on the 16th. She also hosted a Town Hall with Ruby Brabo regarding the purchase and plans of the former Cameron Hills Golf Course. She added that nothing is currently before the Board and that she enjoyed meeting with citizens and hearing their concerns.

Richard Granger reported that he also attended the joint meeting with the Planning Commission on the 14th and the VACo Summit on the 16th. From the joint meeting, he noted that he appreciated the streamlined process for plat approvals and thanked Jenkins for mentioning the Board's desire to remove the Dahlgren Primary Settlement Area from the future Comprehensive Plan. For the VACo Summit, he noted several education statistics, including that state aid for education has fallen in recent years and that instructional pay increases have slowed since 2009. He also attended a meeting on the 16th where he learned about the REAL ID rules and how they would impact residents in Virginia.

The Consent Agenda was approved.

The County Attorney, Eric Gregory, had no report.

Chief Lynd gave the Board an update on the Unmanned Aerial System (UAS) or drone program. He said they had purchased a DJI M210 and already taken delivery. Unfortunately, he said the FLIR (Forward Looking Infrared) system was on back order. Despite this, he said they had already flown several missions, including the recent J. C. Bean Sprouts fire and the collapsed roof at the old King George Pharmacy next to Rankin's True Value. He said several team members have taken and passed their FAA certification tests and several more are in the process. Lynd said Standard Operating Procedures (SOP) have been developed and refined.

Lynd said they have already met several benchmarks, including a meeting with Dahlgren officials. He said they had a good discussion with them and their no-fly zones as well as made sure they had an open line of communication. Lynd said the department's FAA exemption application has been approved as well. Going forward, he said they will continue training, conduct a lost person exercise, and schedule a demonstration for the Supervisors.

Granger thanked him for reaching out to the base and making sure communication lines were open with them. He asked how many pilots were planned to which Lynd said they hoped to get six pilots to ensure 24 hour coverage.

Next, Darren Coffey and Shaina Schaffer of the Berkley Group gave a presentation on the Mixed Use Development (MUD) ordinance. Coffey joked that it was hopefully more fun than the water and sewer update but probably less exciting than the drone update. Schaffer gave the basic timeline of events since they started the project in November of 2017. After researching existing MUD rules, architectural guidelines, best practices, and more, they presented a proposed ordinance to the Planning Commission and held a Public Hearing on June 12, 2018. The Planning Commission voted to forward the proposed MUD ordinance to the Board of Supervisors with a recommendation to reject the ordinance.

Their presentation continued with a few highlights of the proposed MUD rules where density could be 18 units per acre or five units per acre for single family homes. These density limits would be allowed by-right under the new rules and could be increased if the developer allows for more open space. Additionally, the MUD rules would require specific landscaping guidelines to be followed, increased pedestrian movement, bike lanes, and underground utilities.

Granger asked if the updated Comprehensive Plan removed the Dahlgren Primary Settlement Area, would the proposed MUD ordinance be in conflict by specifying the Dahlgren Primary Settlement Area as an area where mixed use was allowed. Coffey said the new MUD ordinance could be amended to reflect any changes in the Comprehensive Plan.

A long discussion regarding the traffic issues in Dahlgren, the base security concerns, and the general consensus to limit development in the area ensued. Additionally, there was back and forth discussion among the Supervisors and Eric Gregory, County Attorney, regarding the legalities of potential conflicts between the proposed Mixed Use Development ordinance and the future Comprehensive Plan. This conversation boiled down to Gregory saying that the Comprehensive Plan was a guiding document, not a legal set of rules. While it should be used to guide development, it was not strictly the only limiting factor in allowing, or disallowing, development. That fell to the zoning ordinances. With the Board's plan to update the zoning ordinances after the Comprehensive Plan is updated, there could be a short period of time where an approved MUD ordinance is in conflict with the updated Comprehensive Plan, thus opening the Board to a potential conflict.

After more discussion, the Board seemed to want to move forward with the Public Hearing for a proposed MUD ordinance with the expectation that it would remove the Dahlgren Primary Settlement Area before being passed. Gregory and Coffey felt that this would not be a substantive or more restrictive change that would require the ordinance to go through the public hearing process from the beginning. The Board also felt that by doing this, they could use the Courthouse Primary Settlement Area, the only other area being considered for Mixed Use Development, as a pilot for future iterations.

While the conversation was lengthy, Bueche did ask a crucial point for the future MUD rules. Seeing Chief Moody in the audience, he asked if the County had the ability to respond to an emergency in a building that's three stories, which is the highest allowed under the proposed MUD rules. Moody said that King George had a 35 foot extension ladder but had no ladder truck. However, he did say they rely on mutual aid and that there are several in the area they could ask to use. Moody cautioned that for an ordinance like this that allowed a 35 to 45 foot structure, public safety needs to be brought to the table to discuss things like sprinkler systems, rescues from a third story, and deploying water from a height greater than the 45 foot peak. He also said that as the County develops more, and taller  buildings go up, there needs to be a discussion about getting an aerial asset here in the County so that there was no need to rely on outside help.

In the end, the Board voted to hold a Public Hearing on September 18th regarding the proposed Mixed Use Development ordinance.

Chief Lynd then asked for approval to participate in the NACo Disaster Services program. The Board approved.

Wilma Ward, Director of Finance, asked the Board to approve the purchase of a new school bus to replace the one damaged in an accident. The Board approved.

Dr. Neiman Young, County Administrator, asked the Board to approve a new County Freedom Of Information Act (FOIA) Policy that would allow the County to charge for the amount of staff time it takes to meet the FOIA request. The Board approved.

Eric Gregory, County Attorney, then gave an update on the Memorandum of Agreement (MOA) the County had entered into for the upcoming construction of the new Route 301 bridge. Gregory said the revisions would result in a loss of park land at Wayside Park and Barnesfield Park and that VDOT would mitigate that loss of land by transferring land to the County. Additionally, land held by Virginia Tourism Corporation, would be impacted, resulting in them acquiring a part of Barnesfield Park, therefore increasing the amount of land lost by the County and increasing the amount of replacement land VDOT would be replacing it with. The Board approved of the amendments to the MOA.

Dr. Young gave his report by stating he wanted to partner with the University of Mary Washington by creating an internship program for students to work for the County. He said the cost, $8,000 for four students, would be covered by the staff compensation budget. The Board approved.

With no Closed Session, the meeting adjourned at 8:12pm.

Meeting Attendees:
John Jenkins (Board of Supervisors)
Jeff Bueche (Board of Supervisors)
Richard Granger (Chairman, Board of Supervisors)
Cathy Binder (Board of Supervisors)
Neiman Young (County Administrator)
Eric Gregory (County Attorney)

Absent:
Ruby Brabo (Board of Supervisors)

Meeting Agenda

Next Meeting:
The Board of Supervisors will next meet on September 4, 2018 at 6:30 pm at the Revercomb Building.

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

2018-05-15 - Board of Supervisors Meeting Notes

 The King George County Board of Supervisors got off to a late start at 9:07pm thanks to a very long Closed Session by the Service Authority Board of Directors.

There were no amendments to the Agenda.

Richard Granger opened the floor for Public Comment and clarified for Kim Dodge, who had stepped to the podium, that there would be time for her to comment later at the Public Hearings if she wanted to comment about the equalization rates. As Mrs. Dodge sat down, Granger asked if there were comments from any online attendees. Seeing as the speaker could not be heard and staff attempted to troubleshoot the issue, Granger read a statement from William and Margaret Heath. The Heaths wrote to express their concern about the recent decision of Sentara Pratt to end it's agreement with Dr. Rosier Dedwylder. They requested that the Supervisors secure a new medical association so Dr. Dedwylder could continue to serve the community.

Staff was unable to determine the cause of the issue with the online comments so they instead read what the individual wrote in the chat. Yvonne Richard asked the Supervisors to remove Chris Werle from his role on the Service Authority Board of Directors [EDITOR'S NOTE - Neil Richard, a co-founder of Project94, is the spouse of Yvonne Richard.].

The Board then began their reports. John Jenkins had no report.

Jeff Bueche wished everyone happy belated Mother's Day. He attended the National Day of Prayer on May 3rd in front of the Courthouse and was impressed to see so many united in prayer. On the 4th he attended the Evening Under The Stars event with his wife and felt honored to represent the district that is home to Caledon State Park. On the 12th he and his son volunteered at a cleanup in Fairview Beach. He thanked Lisa Shrewsberry for her efforts in organizing the event. On the 14th he attended a stakeholder meeting in Dahlgren. Bueche said it was Military Appreciation Month and thanked Dr. Neiman Young, County Administrator, John Jenkins, and Ruby Brabo for their service and their family's service. He also said it was Police Appreciation Week and thanked the Virginia State Police as well as the King George County Sheriff's Deputies for their service.

Ruby Brabo then began her report by reminding everyone that a lot of positives have happened in the County over the years. Despite many people focusing on the negatives, she said big improvements have been made since she took office seven years ago. Schools are accredited, teachers have better pay, many projects have been cash funded, and other examples were given. On May 2nd she attended a Spotsylvania Hospital Board of Directors meeting. On the 3rd and 4th she assisted in interviewing candidates for the George Washington Regional Commission Executive Director position. From the 6th to the 13th she was on vacation without internet and now has a lot of catching up to do. On the 14th she met with Dr. Young, Ryan Gandy, Director of Economic Development, and KGI Communications. KGI informed the County of FCC Spectrum which could be a potential source of income for the schools. On the 15th she attended the Dahlgren Joint Land Use meeting where she learned the runway on base is scheduled to be declassified or taken out of service to allow for re-development. She reminded everyone that the Public Hearing on the Mixed Land Use Ordinance is scheduled for June 12th at 7pm.

She appointed Elody Shojinaga to the Smoot Library Board of Trustees. The appointment was approved.

Brabo then read "a resolution expressing King George County's position in support of Congressman Rob Wittman's request for a detailed analysis of the potential move of the Chemical Biological Radiological Defense Division from Dahlgren to Indian Head." Essentially, the resolution was a way for the Supervisors to provide support of Congressman Wittman's provision that was inserted into the state's budget. The provision essentially requires the Navy to provide a report that shows "the timeline, costs, risks, and benefits" of the move.

After Brabo read the proposed resolution, Granger began to express his concerns. Brabo interrupted and said she had made a motion to to accept the resolution and was waiting for a second. Jenkins seconded the motion and Granger apologized for speaking out of turn. He then asked to table the decision until everyone could review the resolution due to it's significance. He didn't want to approve it without having a chance to think about it.

Brabo said Stafford County Supervisors are going to approve the same resolution tonight and Caroline County Supervisors will do so soon. She then asked if Granger supported the move. Granger said he supported the resolution but took issue with one clause and hasn't had time to read or think about it until now. Bueche said he agrees with the resolution in spirit but some language he would like to look into further. He said he wasn't sure about the paragraph that included the past history as he wasn't sure what was done in the past and would like to know. He also said he has concerns about how much it would cost to retrofit.

Brabo said that was what had been asked of the Navy and Vice Admiral Moore stated at a meeting in 2017 that everything was written down and that it would be shared within the week. Brabo said it was never shared. Bueche said the Department of the Navy should have had a long process to go through before making such a move as this. Brabo agreed and said Congressman Wittman, who is on the House Armed Services Committee, never heard about the move. There was some more discussion with Brabo appearing to get a little frustrated at the hesitancy and she called for a vote. Jenkins suggested tabling it until later. After some brief clarity from Eric Gregory, County Attorney, Brabo made a substitute motion to table the decision. Everyone vote for this with Brabo casting the lone dissenting vote.

Cathy Binder then began her report by saying she attended a meeting on April 18th at the Dahlgren Heritage Museum [EDITOR'S NOTE: Neil Richard, a co-founder of Project94, is an employee of the Dahlgren Heritage Museum.]. She loved the meeting and one of the key phrases she particularly enjoyed was "relationships make a difference." On May 2nd she attended a meeting of the Rappahannock Area Agency On Aging where they discussed accessibility issues. On the 8th she attended a Smoot Library Board of Trustees meeting where they discussed fundraising efforts. She finished by congratulating the graduating class of high school seniors, including her son.

Richard Granger's report began with a meeting on May 2nd of the Bay Consortium Workforce Investment Board along with Ryan Gandy, Director of Economic Development. On the 14th he attended the same stakeholder meeting in Dahlgren as Bueche. He then read a resolution of appreciation for Mildred Ashton Holmes which was approved.

The Consent Agenda was approved and the County Attorney, Eric Gregory, had no report.

Thus began the first Public Hearing of the night regarding the proposed Virginia Department of Transportation (VDOT) Secondary Six-Year Plan (SSYP) for FY2019-2024. Dr. Young gave a brief overview before turning over the presentation to Stephen McKeever of VDOT. McKeever reviewed the details of how the formulas were used to determine funding for roads and also highlighted some of the changes. He said the paving of Chatterton Lane is scheduled to begin in the summer of 2019 and the bridge replacement on Ashland Mill Road is already completed. He said the remaining funds from that project will need to stay in the bridge fund as he's not allowed to move it to other projects. McKeever said paving Ivy Hill Loop was moved up to a spot just below paving Peerless Road and would be followed in priority by paving Kings Mill Road. He said that Peerless was identified last year and that Ivy Hill was moved up based on previous discussions. He said that in regards to the plan to use revenue sharing, there may be enough funds to accomplish paving these roads, and maybe more, without revenue sharing.

Brabo said that the Supervisors came to a consensus based on old data, meaning before knowing about the potential of extra money, and asked if there was a possibility of another project being completed. She also asked Gregory how to proceed if the money comes in and the list hasn't been updated. She said that the Board didn't really look beyond the first couple of roads in the rankings because they didn't expect to have enough funds to take care of those projects.

Gregory asked McKeever if there was a deadline, to which McKeever replied no. Brabo asked if there would be a need for another public hearing and McKeever said yes. Granger suggested adopting it now and amending it later.

When there floor opened for public comment, there was none.

McKeever then introduced Dennis Massey as the new Maintenance Manager. He said Massey was hired in September and that he's a native of King George so if the Board had any questions, "he's the one to talk to." McKeever said that Kings Mill Road was discussed but due to costs he may not be able to complete it.

The Supervisors approved the plan and then immediately had some confusion as it appeared that Peerless needed to be added to the SSYP by resolution. Brabo and Gregory discussed how to proceed and it was determined that Brabo could rescind her prior motion. She did and that was approved. Brabo then moved to adopt the SSYP as presented with the amendment of adding Peerless and that was approved.

The next Public Hearing was for the Equalization Rate for FY2018. Mrs. Dodge again approached the podium and again Granger asked her to wait just a moment before speaking. Dr. Young then proceeded to explain in brief why the staff recommends no equalization. The highlights of his reasoning for keeping the same $0.70 per $100 tax rate as last year included mandated expenses, additional County staff that was necessary, additional School Resource Officers (SROs), and a debt reduction fund.

With the floor now open for Public Comment, Kim Dodge finally had her chance to speak. She said we elect our officials to take our interests. Her goal was to keep as much of her money as she could while the Supervisors' goal was to provide services and spend money. In a long and somewhat rambling opinion that continued for many minutes, Dodge's bottom line appeared to be that she was not in favor of the tax rate staying the same. Instead she wanted to see if reduced to an equalized rate of $0.67 per $100 or at least something less than $0.70. She felt the cumulative effect of ever increasing tax rates, homeowner's fees, and water and sewer fees were becoming an undue burden on her.

After several minutes, Granger politely reminded her to try to keep her comments to three minutes. Dodge closed by saying she wanted to limit the cumulative effects and didn't like the distortion of facts.

Next to the podium was Jim Lynch. He said he listened to Dr. Young's presentation and has read various news reports but did not have any problems with keeping the rate at $0.70. He thought Dr. Young made a compelling case on where the money goes and that we're getting a very good value on our tax dollars. He also said debt reduction is a very wise move. Lynch said that people want to move here to work here now. He said that for those of us that have lived here a long time, we have seen the positive changes and that life is better. He closed by saying the Supervisors and Dr. Young do a good job.

Once again, Yvonne Richard gave her comments via remote connection. Due to technical difficulties her short comment was read by a staff member. Mrs. Richard said she is in favor of the Board keeping the same rate of $0.70 and that if funds become available to ask the Supervisors to add an SRO at all schools, including the Preschool and Head Start building.

Bueche then said he wanted to give Dr. Young the opportunity to explain the debt fund to Mrs. Dodge. Dr. Young said the bottom line was the Supervisors are using three tiers of funding to pay down the debt. Some of it will be added to the fund now, some will be surplus funds added later, and some will be reserve funds added later. He said these will establish a debt mitigation fund and it will continue to be fed over the next five years at which time it will be used to make a payment on the County's debt. He said this payment would result in the County saving roughly $3.7 million in interest over the life of the loans. He closed by saying he couldn't think of a better way to invest our tax dollars.

Bueche thanked Dodge and Lynch for their comments. Addressing Dodge, he said we may not agree on things but he does like her passion. He said this was his first budget cycle and it was a learning experience. When he started, he had delusions of grandeur, specifically that the tax rate could be lowered. He said he learned that no matter what you fund or don't fund, there are always needs beyond what we have. He said the Board's job is to not take as much money as we can but "to rather spend wisely and make hard decisions." He said he stands by all of his votes and is proud of the budget.

Granger also addressed Dodge saying he was sorry she felt like there's a divide and a battle between the Board and the citizens. He said his actions on the Board impact him as well and that he's not a fan of paying more money. But he said he wants services that provide health and safety and pay down the debt to save money in the future. He said he's willing to move forward to get those gains. Granger said he hoped Dodge didn't look at it as "us versus you" because we're a team. He appreciated her speaking out at the meetings and liked that citizens were involved as it has an impact on everyone. He also thanked Lynch and Richard for their comments.

Brabo said that from her first day of campaigning in 2011, she wanted people to get involved, even if they had a different opinion. She said the only way officials can develop a community you want is to get involved. She said that County employees suffered immensely in the past because of a lack of tax increases. She said that 911 calls were abandoned in the past or could be put on hold for as much as eight minutes. Brabo said because of a tax increases from the Board in the past, it impacted the lives of employees and citizens. She said some services are mandated by the state and that the County is trying to be innovative in finding other ways to increase revenue.

Cathy Binder thanked all of the speakers for their public comments. She said she had a rude awakening when she learned about the mandated services in the budget process.

No action was taken by the Board.

Ryan Gandy, Director of Economic Development was next to the podium and he presented an update on the Broadband Survey. In short, he said broadband is quickly becoming a necessity instead of a luxury for residents and businesses. He was also careful to clarify that the survey results were the opinions of those in the County, not himself. He asked the Board to take a stance on supporting broadband in one of three ways. The first option was that the County can share local assets only, such as towers, roofs, or land. The second option was that the locality would pay for the capital investment while a private partner would run it. The final option, the one recommended by the committee, was a hybrid approach where the assets and capital investment were shared by the County and a private partner. In essence this is a private-public partnership (P3).

Binder said she had no questions but needed time to absorb everything before making a decision. Granger also said he was not prepared to decide and that discussing it at a work session sounded like the best bet.

Gandy apologized for submitting the presentation so late but that the committee had met the day prior. He said he would like a decision by the end of June in order to capitalize on the grant. The Board decided to add it to the Agenda for the June 12th meeting.

Brabo said she had no problem marketing something through free avenues but did have a problem with the County paying for direct mailings on behalf of a private company. She also said that providing assistance for deployment should be dependent on the County's return on investment.

Tim Ware was next to present and promptly asked if the Board wanted the short presentation or the long presentation. After the laughter subsided, he began by saying his presentation should be easy as he was giving the County something, not asking for it.  Ware gave a summary of the plan that was developed to create a rain garden at the Cedell Brooks, Jr. Park. He said there were three applicants for the grant, but two were in state parks. As he preferred to keep the money local, the County was chosen. While the grant will need to be resubmitted, he saw no issue in getting the funds. He said the funds will need to be spent by the end of the year, thus making the completion of the project happen soon. He said the County won't need to spend any money but that they may need to help water the plants the first few years until they take hold. The Board approved the plan.

Next up was Wilma Ward, Director of Finance. She asked the Board to adopt the proposed FY2018-2019 King George County Schools Operating Budget and the Virginia Juvenile Community Crime Control Act (VJCCCA) for 2019 and 2020. The Board approved both.

Steve Lynd, Emergency Management Coordinator, presented the 2018 King George County Emergency Operations Plan (EOP) or the County's disaster playbook as he called it. The Board approved.

Next was Dr. Neiman Young, County Administrator, and his request to advertise for special meetings. He requested meetings on May 23rd and May 29th in an effort to adopt the County's budget. He said the effort was because of concerns raised by the Treasurer and Commissioner of Revenue. Young said if the current timeline was not altered, the first half tax bills and revenue from them may not be received in time for the County's year-end audit.

The Supervisors then began to check their calendars to find the best date. They settled on May 24th at 5:30pm for the Public Hearing on the County Budget and May 31st at 6:30pm for votes on the Equalization Rate and County Budget. Brabo received prior approval to attend the meeting on the 24th remotely because she will be on travel. The regular schedule of meetings will resume on June 5th with the appropriation of the County Budget.

Dr. Young also asked to add VDOT to the meeting on the 31st so the Board can make a decision on the Memorandum of Understanding (MOU) about the noise wall and de minimus use.

Brabo asked Gregory about a question that was raised on social media about state law allowing the collection of personal property taxes quarterly instead of twice a year. Gregory said he didn't know but could look it up. Brabo then added a follow-up question for Dr. Young asking for him to find out if it were allowed, how much of a burden, financially and time, it would be for County staff.

Eric Gregory, County Attorney, then presented his update on the sale of the old Passapatanzy Voting Office. Gregory said he would try to make it brief to which Granger replied "that would be appreciated." Gregory said that a deed restriction was found from when the County acquired the property in 1951 but that efforts to reach the heirs were unsuccessful. Therefore the County could sell the property. The Board approved.

Gregory then presented an update on the nuisance or unsafe buildings ordinance. He said there was a question of including abandoned structures in the ordinance. Gregory said the word abandoned is used elsewhere in state code but it applies to ships and water vessels. He did feel the current language was capable of covering the issue. Brabo said a public hearing would be key.

Dr. Young began his report by saying he received correspondence from the Middle Peninsula Alliance (MPA) regarding the PamunkeyNet initiative. The MPA wished to have a representative for an advisory team and Dr. Young requested Ryan Gandy to serve as such. Gandy was approved by the Board with Annie Cupka, Grant Writer, to serve as an alternate.

Young then asked the Board to appoint Jim Howard, former Supervisor, to fill a vacancy on the Rappahannock Area Community Services Board (RACSB). The Board approved.

Brabo then began whispering to Granger and Granger asked Gregory about a potential conflict of interest. He asked if his position as an employee of Dahlgren would impact his voting on the resolution previously discussed in support of Wittman. Gregory said he would need to know more about what Granger does on base. Granger said he works in software development and has nothing to do, that he's aware of at least, with the chem-bio department that is moving. Gregory said it shouldn't impact conflict of interest but the Commonwealth's Attorney is the one to go to for an official legal opinion and that he could only give an off-the-cuff response. Granger said he did want an official response before an official vote. Binder also chimed in to say that she would need to have the same discussion as her husband worked on base.

There being no Closed Session, the meeting adjourned at 11:06pm.

Meeting Attendees:
John Jenkins (Board of Supervisors)
Jeff Bueche (Board of Supervisors)
Richard Granger (Chairman, 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 May 24, 2018 at 5:30 pm at the Revercomb Building.

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

UPDATE 2018-05-22: A previous version of this article incorrectly reported the next meeting time. The next Board of Supervisors meeting will be held May 24, 2018 at 5:30 pm at the Revercomb Building.

UPDATE 2018-05-25: A previous version of this article incorrectly identified Board of Supervisors member John Jenkins. His first name is John, not Jeff.

2018-05-10 - Planning Commission Public Hearing - Mixed Use Development

Read the DRAFT Ordinance here.