The sound of silence

 

People live in “the country” for peace, quiet, and freedom to do as they please. Sometimes those goals clash.  

One person’s aggravating noise may be the sound of another’s enjoyable activity. Conflicts arise when people ignore the comfort of neighbors. Inconsiderate folk seem to be moving to Goochland in greater numbers than ever believing that they can do as they please, run bulldozers near neighboring homes after dark for fun; play music at ear splitting levels all night long; and ride loud ATVs and dirt bikes endlessly with no regard for others.

Sound carries, perhaps more in sparsely populated areas because there is nothing to absorb it. Depending on atmospheric conditions, trains, which run along the James River, can be heard as far away as Hadensville.

Unlike neighboring jurisdictions, Goochland has no noise ordinance on the books. We do have an ordinance governing nuisance companion animals.  A previous noise ordinance was struck down because it was too vague. So, it’s open season for the inconsiderate in Goochland.

About two years ago, a group of citizens presented a petition to the supervisors begging for local noise regulation. Before taking action, the board decided to solicit public opinion on the matter and held a well-attended “listening session” on noise about two years ago. (Go to https://www.goochlandva.us/DocumentCenter/View/5536/May-22-2019-Noise-Listening-SessionViews for an audio recording) Residents expressed strong opinions on both sides of the issue. Some told horror stories of children being unable to sleep due to loud music played by neighbors throughout the night, every night. Others contended that they moved to the country to shoot guns, ride ATVs, and do as they please without nanny government supervision.

Noise complaints came from all parts of the county, not only the more rural upper end. Those who live, farm, and keep animals near Hermitage Country Club contended that the club’s fireworks trigger seizures in elderly people, episodes of PTSD among veterans, and caused livestock to miscarry. Indeed, as more small lot communities spring up, a mechanism to govern acceptable levels of noise seems unavoidable.

One wise woman said, “some people are jerks, and you can’t fix stupid”.

After the listening session, the supervisors realized that noise regulation is a complex subject and decided to form a committee comprised of people with varying views on the subject representing all parts of Goochland.

Led by intrepid County Attorney Tara McGee, the committee first met in October of 2019. As the committee members held strong feelings and opposing views on the topic, McGee set out ground rules to ensure that all sides were heard, and all opinions respected. (Go to https://www.goochlandva.us/1050/Noise-Committee to review minutes from all meetings of this committee. The agenda packet from January 27, 2020 includes a list of noise complaints filed with the sheriff’s office by street address as does the final report.)

In spite of pandemic restrictions, the committee continued to explore all facts of the subject and craft a proposed ordinance whose intent is to address unreasonable repetitive noise that interferes with the peaceful enjoyment of one’s own property. The committee exempted sounds generated by agricultural pursuits, including forestry. Before any punitive action can be taken a warning must be given to the alleged offender, providing an opportunity to resolve issues in a neighborly manner. Violations will carry civil rather than criminal penalties. Gunfire provisions may need tweaking. All forms of legal hunting are exempted.  The Sheriff’s Office said that deputies need to be able to take target practice at their homes to maintain firearm proficiency.

Goochlanders take their Second Amendment freedoms seriously. Following Labor Day, the Fall Festival of Firearms gets under way as responsible gun owners hone their skills for upcoming hunting seasons filling the air with the sound of gunfire. Unfortunately, there are always a few bad actors who discharge weapons too close to home, or in other dangerous ways spoiling it for everyone else.

Feedback on the proposed ordinance was sought and received from the agricultural committee, Virginia Farm Bureau, the Commonwealth’s Attorney, and representatives of the county’s apartment communities.

On April 6, McGee presented a report on the noise committee to the supervisors. It can be read in its entirety in the board packet beginning on page 141.  After some discussion, the board authorized a public hearing at its May 4 meeting on the proposed ordinance.

The purpose of the proposed ordinance is: “Residents should be able to use and enjoy their homes free from repetitive noise that rises to the level of a nuisance. To that end, this article prohibits the creation of a noise nuisance on residential property which, by virtue of its volume, pitch, duration, repetition, and time of day, unreasonably and substantially disturbs or interferes with someone else’s peaceful enjoyment of their residential property.”

To read the proposed ordinance go to https://www.goochlandva.us/DocumentCenter/View/7687/Proposed-Nuisance-Noise-Ordinance-to-be-considered-by-the-Board-of-Supervisors-at-a-public-hearing-on-May-4-2021.

Susan Lascolette, District 1 said that this has been a long time coming. She supported a public hearing on May 4 to give citizens time to review and comment on the proposal.

 Neil Spoonhower, District 2 said that noise is one of the “top three” subjects that he gets call about. “People who call me about this feel they cannot enjoy their property. Those who want more freedom will be more vocal.”

Don Sharpe, District 4 said that “any more community meetings to me is insanity. Tons of meetings and input in the last two years. If everybody paid their taxes, we wouldn’t need the IRS; if everybody respected everybody else, we wouldn’t need a noise ordinance. Problem is, everybody doesn’t. A lot of people complain about it (noise)”.

Lascolette said that people who have complained to her about noise “need relief. My conscience won’t let me delay any longer.”

Ken Peterson, District 5, observed that the issue is “a bit dicey” and commended McGee for her leadership. “Goochland citizens place a high value on their freedoms.” He said that deciding where personal freedoms start, and stop is part of the conundrum of adopting a noise ordinance. Community meetings, said Peterson, are useful for gathering information but public hearings provide an opportunity to react to specific actions. “We want everybody’s input before we reach a decision.”

McGee said that although Sheriff Creasey has been involved in the crafting of the ordinance, he will be out of town on May 4.

The public hearing will be held in the board room of the administration building at 1800 Sandy Hook Road in Courthouse Village on May 4. Public hearings begin at 6 p.m.  The supervisors may take a vote or defer action to a later date to allow changes.

April 20 Miscellany

 

·       Goochland has opened its Thursday Covid vaccination clinic to walk-ins over the age of 18 who live and/or work in the county. The clinic is located at the Central High School Cultural and Educational Complex at 2748 Dogtown Road, Goochland, VA 23063.  Walk-in hours are Thursdays from 10:00 a.m. – 11:30 a.m. and 1:00 p.m. – 3:30 p.m. This is for first dose of Moderna vaccine.  The county is in the top tier of localities in Virginia for the number of vaccines administered relative to its population. Visit https://www.vdh.virginia.gov/coronavirus/covid-19-in-virginia/ for the latest numbers.

·       The supervisors approved and appropriated funds for the county budget for FY2022, which begins on July 1.  Tax rates remain unchanged. Utility rates and connection fees will increase. Totally disabled veterans are exempted from personal property tax on one vehicle. 

·       For FY22 the total all funds budget is $ 141,274,251, a 64.7% increase over the adopted budget for the current year. (See page 20 of the April 20 board packet for details.)

·       As approved, FY2022 budget includes $ 46,766,819 in capital improvements. A significant portion of that amount is for construction of the new Goochland Elementary School. A bond referendum on the November general election ballot, which has been approved by the school board, is expected to be addressed by the supervisors at their May 4 meeting.

·       County ordinances dealing with loitering and panhandling were repealed. County Attorney Tara McGee explained that the laws are unnecessary and violate Constitutional standards. Both Goochland Sheriff Steven Creasey and Commonwealth’s Attorney Mike Caudill, support the action stating that the ordinances were never used and not needed for “the public safety of county residents”.

·       Maureen “Jamie” Sherry was promoted to Director of Community Development effective April 16. This is the latest personnel change in local government. When the supervisors hire a new county administrator—this has happened three times since 2009—staff realignments unfortunately result in departures and hard feelings.

 

April 6 board highlights

 

April is the month when Goochland County finalizes its annual budget for the coming fiscal year and sets tax rates and fee schedules for the calendar year. That vote will be at 4 p.m. on April 20.

During its April 6 afternoon meeting, the Goochland Board of Supervisors addressed  some other topics.

Personnel changes

Jo Ann Hunter was introduced as the new Deputy County Administrator for Community and Economic Development and Utilities. Barbara Horlacher was introduced as Deputy County Administrator for Administrative Services. Jessica Kronberg was introduced as the new Director of Parks and Recreation.

Provisions for emergency housing

The supervisors authorized County Administrator Kenneth Young to execute a memorandum of understanding with Kaylan Hospitality LLC for emergency shelter services with the Residence Inn by Marriott at the Notch in West Creek. This will simplify finding emergency shelter for people displaced by fire, disaster, or other disruptions of normal living conditions until permanent solutions can be identified. All hotel room stays under this agreement must be approved by the county administrator. The entire document is included in the April 6 board packet beginning on page 58.

Emergency preemption equipment

Young was given authority to execute an agreement between Goochland County and the Virginia Department of Transportation for the installation and maintenance of emergency preemption equipment—the devices on fire-rescue apparatus to control traffic signals during emergency response. VDOT will install and cover the cost of putting the devices on future signals, the county will pay to have them put on apparatus. They are still discussing placing these devices on existing traffic signals.

Oak Hill performance agreement

A road under construction on the Oak Hill property near the intersection of Rts. 6 and 288 to connect Rt. 6 with West Creek Parkway will represent an investment of approximately $8.44 million by the developer. This will relieve congestion at nearby intersections and increase future tax revenues by expanding access to interior parcels of land. The supervisors authorized Young to execute a performance agreement as a financial incentive to build the road and donate rights of way in return for tax abatements of up to $40,000 if the road is accepted by VDOT into the state system by September 1, 2024. This agreement was approved by the county Economic Development Authority.

National Crime Victims’ Rights Week

The supervisors adopted a proclamation recognizing Crime Victims’ Rights Week, April 18-24.

Set public hearings

The supervisors voted to approve advertisement of public hearings at their May 4 meeting for an application to include a parcel at 1745 St. Mathews Lane into the Tuckahoe Creek Service District; to amend the Goochland County Code to make changes to county voting precincts; to consider a right-of-way agreement with Dominion energy Virginia for a 1,500 square foot easement at the northwest corner of the Goochland library property to accommodate equipment for a sewer pump site; and a proposed noise ordinance.

 

 

 

 

 

Final stretch of the FY2022 budget process

 

Goochland County supervisors held public hearings on the proposed FY2022 county budget, tax rates, and utility fees on April 6. The final vote to adopt the budget will be held at a 4 p.m. meeting on April 20. A generous increase in property values enabled new spending on county needs. Wise use of tax dollars is perhaps the most important job of elected officials. 

The all-in figure for the proposed FY 2022 budget is $139,741,345. For details, see page 230 of the April 6 board packet available at http://goochlandcountyva.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1298&Inline=True.

This includes a county transfer of $34.5 million to schools.

This budget will probably be amended several times during the year as the county receives additional federal stimulus money and details as to how those funds may be used are clarified.

The real estate tax rate remains at 53 cents per $100 of valuation. This is technically a tax increase because the amount of revenue this rate generates using the 2021 county wide assessed valuation exceeds last year’s revenues by more than one percent.

Board vice chair Ken Peterson, District 5, contended that maintaining a level tax rate is revenue neutral in the long run, generating more revenue in good times and less in bad to avoid raising taxes during economic downturns.

The FY22 budget increases funding for public safety and education. Being able to offer salary scales and benefit packages attractive enough to enable Goochland to compete with neighboring jurisdictions for the best employees is a significant challenge.

An item on the April 6 consent agenda was an amendment to the employment contract of County Attorney Tara McGee “due to a change in the market value of the position.” As proposed, the FY22 budget showed no increase for this department. For all of the alleged “transparency” in the budget process, this amendment, which would seem to affect the final budget, is buried in numbers. McGee’s position, responsible for all county legal matters, illustrates the salary conundrum. She should be compensated to reflect her valuable contribution to the success of local government, as should all county and school employees. Paying for that is the tricky part.

School Board Chair Karen Horn, Vice Chair Mike Newman, and Jeremy Raley, speaking as a private citizen, advocated for funding to offer health insurance benefits to bus drivers and food service employees who are vital to the success of local education.

The public hearing was just that, the supervisors listened. Comments were accepted until April 12. The supervisors have a week to consider the budget and ponder citizen input before final adoption of the budget.

 

 

 

Light at the end of the tunnel

 

Fiber optic broadband no longer a dream for western Goochland

Covid lockdowns highlighted the need for universal access to broadband. In Goochland, addressing the digital divide between areas with internet access and those without, became more urgent as school went online and people worked from home. Connectivity gaps can be found throughout the county but are most pronounced in the west. Wireless solutions have met with varying degrees of success. Starlink satellite service, which some residents will test later this year, could be another solution.

The supervisors understand the importance of universal broadband access to all Goochland residents, especially those who are un and underserved by broadband. Following a presentation at their April 6 meeting, they authorized the county administrator to execute a memorandum of understanding (MOU) with Dominion Energy Virginia, Firefly Fiber Broadband, and Rappahannock Electric Cooperative to join a regional broadband initiative. (This document may be viewed in the April 6 board packet, available on the county website https://www.goochlandva.us/, beginning on page 127)

This brings the electric utilities that serve the county, Dominion, Central Virginia Electric Cooperative (CVEC), and Rappahannock Electric Cooperative (REC) together with Firefly Fiber Broadband, a private company that will serve as the internet service provider. The collaboration will leverage existing resources of these electric utilities, including rights of way for fiber installation. It is not anticipated that eminent domain— “taking” of private property for public projects—will be used in this process.

During the presentation Gary Wood, CEO of CVEC and President of Firefly, said that the idea for the regional initiative arose from the notion “if we can supply everyone with electric, we should be able to distribute broadband to un and underserved locations in our respective service areas.”

Firefly is already working to bring high speed internet access to its customers in western Goochland as part of an agreement it entered into with Goochland County last year. It hopes to connect all of those in its service area by 2022.

If all goes well, the end result will be a fiber to the premises “last mile” network to offer service to all underserved locations.

The MOU is the first step of the first phase of the plan. This will identify areas where the service is needed, jump through regulatory hoops at the state level, design, and estimate build out costs. Then, funding sources, including applicable grants and amounts of local contributions will be identified. Goochland has a $10 million placeholder for broadband expansion in its capital improvement plan.

If all goes well, the pieces of this important puzzle will fall into place to provide reliable broadband at an affordable price—Firefly offers two packages, $49.99 and $79.99 monthly. (See https://www.fireflyva.com/for details.)

Goochland joins other counties in Central Virginia, including Louisa, in this endeavor.  To be sure, the MOU is the first step in a complicated journey to universal broadband, but this collaboration a leap in the right direction to provide high speed internet access to all of Goochland sooner rather than later. The light at the end of the tunnel is not an oncoming train.

 

 

 

Of Covid and financial matters

 

The virtual town hall meeting held by Goochland County outlined the proposed budget for FY 2022, which begins on July 1, discussed vaccinations, and included a presentation by School Superintendent Dr. Jeremy Raley about local educational achievement. To watch the session, go to https://www.youtube.com/watch?v=mZ1RKqD66P4.

Tax rates will likely remain unchanged from last year. However, because revenues generated by the 2021 assessed valuations will be more than a one percent increase over 2020, keeping the rate steady is a tax increase.

(Public hearings on the proposed budget; utility rates, and fee schedule adjustments will be held at 6 p.m. on Tuesday April 6. The meeting is open to the public. Alternate participation options including Live stream and Zoom are at https://goochlandcountyva.iqm2.com//Citizens/detail_meeting.aspx?ID=1326)

Vaccinations in our county are proceeding at a brisk clip. As of April 4, according to the Virginia Department of Health, (go to https://www.vdh.virginia.gov/coronavirus/covid-19-in-virginia/ for details) 15,669 “shots” have been administered to Goochlanders, putting us in the top tier of vaccinators. There is still much work to do. If you know of anyone in groups 1a, b, or c seeking a vaccine please ask them to preregister at www.vaccinate.virginia.gov or call 1-877-VAX-IN-VA (877-829-4682). They can also call the district’s local call center at 804-365-3240 (open Mon. – Fri. from 8 a.m.-4:30 p.m.)  Goochland County 65+ COVID Hotline | (804) 556-5828 for those without internet access. Leave a message and a volunteer will call you back.

 

County Administrator Kenneth A. Young gave a brief overview of the proposed FY 2022 budget at the beginning of the town hall meeting. In essence, the county plans to increase spending on public safety and education. Financing capital improvements, including a new 650 student Goochland Elementary School, circuit courthouse, and a West Creek fire-rescue/public safety facility could involve a bond referendum. A decision on a possible bond referendum will be made in the coming weeks. A three percent merit increase will be given to all county and school employees who went above and beyond the call of duty to deliver governmental services during the pandemic.

In addition to the strains placed on their workload by the pandemic, our intrepid LEOs, led by Sheriff Steven Creasey, dealt with protests in Courthouse Village last month, which diverted deputies form other duties to keep order in Courthouse Village.

The proposed budget (go to https://www.goochlandva.us/ArchiveCenter/ViewFile/Item/1925 for complete document) includes funding for seven of the eight deputies requested by Creasey. When all new positions are filled, the Sheriff’s Office, the primary law enforcement agency for Goochland, will have 48 full time and one part time employee to provide 24/7 coverage for the entire county, whose land area is slightly larger than that of Henrico County.

The FY22 proposed budget also includes seven full-time and five part-time fire-rescue employees, one of which will be a battalion chief.  Fire-Rescue and Emergency Services Chief D.E. “Eddie” Ferguson, Jr. explained that, as his agency adds career personnel to the combination (volunteer and paid providers work in concert to serve the citizens) responder corps, middle management is needed to ensure effective operations.

Go to https://www.goochlandva.us/943/Video-of-Past-BOS-Meetings  beginning at the 1:42 mark for budget presentations made by Creasey and Ferguson at the February 16 supervisors’ meeting.

A major challenge, going forward, contended Young, is Goochland’s ability to attract and retain highly qualified employees, which are in short supply across the board.  Henrico, our main competitor for workers, recently announced that it will increase salaries for all government employees, including teachers, to attract the best talent. Raley’s presentation includes proposed school salary scale adjustments to address the pay disparity issue between Goochland and its competition.

The ad valorem tax levied landowners in the Tuckahoe Creek Service District will remain at 32 cents per $100 of assessed valuation. Revenues generated by this tax pay debt service on TCSD bonds. It is hoped that the TCSD debt will be retired in the next decade or so, eliminating the tax. Rates paid by utility customers will increase modestly to ensure that the utility system is self-sustaining financially.

Young said that the county has set aside $10 million to help partners expand broadband. He said that the county had mixed success with grant applications for more broadband coverage, details to be revealed in the near future.

The virtual town hall was a good faith effort by county government to engage with the citizens. Let’s hope by fall that we are able to gather by district to discuss matters of concern countywide and of more local interest.