Friday night lights

Have you been to a Goochland Bulldogs’ football game recently, or ever? Local high school football, especially when the home team is reigning state champ in its division, is one of the many savors of life in a rural community.

Last night’s (September 20) game was just about perfect. A nearly full moon peeked out of lush clouds on an almost autumn night. The warm day cooled just enough that many folks slipped on a light jacket, or Bulldog sweatshirt at half time.

The football was excellent. Goochland vanquished the visiting Randolph Henry team 56-7. The cheerleaders, perhaps even better athletes than the guys on the gridiron, defied gravity and flainted their agility while egging the team to its win.

Our marching band presented an ambitious half time show and treated the crowd to celebratory riffs to exit the stadium by. In addition to performing at football games, the band struts its stuff in area competitions.

The atmosphere was down home and friendly. There were lots of empty seats on the home side of the field. The admission fee, $5, is modest. Those over 62 get in free. But if you can afford it, lie about your age and buy a ticket. You won’t get carded and the money will be put to good use.

Speaking of money, the band boosters, that intrepid group of parents that works hard to raise money and provide other support to the band, is collecting recipes for a cookbook.  Chapters include: no bake; best of tailgating; snack attack; easy crockpot; and the most important meal of the day—breakfast. Visit the band booster website at:http://goochlandbandboosters.blogspot.com/ or drop an email to goochladbandboosters@gmail.com.

The next home game is Friday, October 4. Kick-off is 7 p.m. Wear red!

Lunch with the sausage

Lunch with the sausage makers

Crafting legislation has been compared to making sausage—you might like the result, but the process is best left unseen.

Goochland’s current board of supervisors drew criticism in 2012 when it declared membership in lobbying groups the Virginia Organization of Counties (VaCO) and the National Organization of Counties (NaCO) unnecessary expenses. Goochland supervisors, however, contended that the concerns of small counties are ignored, or overruled, by the big boys.

The most tangible benefit to membership in these organizations was the annual conferences, which allegedly provided an opportunity for local officials to learn from their peers, like the NaCO conference in Hawaii a few years back. This board will pay for their own vacations.

Rather than get lost in the priorities of statewide lobbying groups, Goochland supervisors prefer to deal directly with the legislators who represent the county in the Virginia General Assembly to evaluate attitudes on specific issues.

Virginia is a Dillon Rule state, which means that localities have only those powers given to them by the General Assembly. So, local governing boards must engage in a cumbersome ritual of “mother may I” to change anything.

In the 2013 General Assembly session, Goochland’s Delegation: Senator Tom Garrett, 22^nd District, along with Delegates Lee Ware, 65^th District, and Peter Farrell, 56^th District, successfully carried several pieces of legislation requested by the supervisors. This is the result of good communications among local and state officials.

These include: the ability to amend service district boundaries following proper notice and a public hearing; changes to land use taxation rules going forward; exclusion of inmate populations from decennial redistricting; construction of a Department of Corrections Water line; and a solution to the long sought delineation of the boundary between Goochland and Louisa using a GIS map.

Bills to provide reimbursement to localities for electoral reimbursement failed.

Possible legislative requests—items the county would like to see the General Assembly address in 2014—were discussed with the delegation at a meeting, held in the community room at J. Sargeant Reynolds Community Room on September 3.

This year’s initial wish list includes: funding for replacement of the Department of Corrections water storage tank on River Road West; construction of a bridge over Tuckahoe Creek connecting Henrico with Rt. 288; more local input in the need for traffic control devices; regulation of sewage sludge; reimbursement for political party primary expenses, compensation of registrar and electoral board; affordable access to high-speed internet services; expedited test retakes; impact of home school athletic legislation; elimination of post Labor Day school start; and increase of the technical assistance funding percentage for Virginia agricultural cost share program. Items were submitted by the county, school division and Monacan Soil and Water Conservation District respectively.

Some items were an easier “ask” than others. The water tank funding, which has been also requested by the DOC, is fairly easy. On the other hand, construction on the bridge over Tuckahoe Creek will start about the 12^th of never.

Because Henrico County—one of the big dogs in the region-- opposes the bridge and has about 15 times as many people—read voters—as Goochland it can veto our request.

Board of Supervisors’’ Chair Ken Peterson, District 5, pointed out that, barring Henrico’s disapproval, VDOT—the state agency whose motto is “oops”—believes a bridge connecting Ridgefield Parkway with Tuckahoe Creek Parkway, would provide regional traffic benefits. The Metropolitan Planning Organization, which addresses regional road issues, would give this bridge its number one priority, except for the Henrico opposition.

According to Ware, our neighbor to the east opposes the bridge because Rt. 288, the final portion of the circumferential highway around Richmond, was built in Goochland. Ware said that one of the reasons he opposed the western option, which we know as Rt. 288, was that the more easterly version offered better connective options. He also foresaw the bad feelings on the part of Henrico.

Aside from easing congestion where Rt. 288 connects with Broad Street Road and Route 6, the bridge would provide quick access to the West Creek Emergency Center from western Henrico.

Farrell believes there is no room for compromise—that Henrico does not want the bridge. Farrell and Garrett then sang a duet cautioning that compromising the property rights of one locality could result in unintended consequences statewide.

Herb Griffith, chair of the county electoral board, said that the “pockets of every taxpayer in Goochland are being picked by the very people we are working to elect,” with respect to reimbursement of localities for the cost of partisan primaries. Indeed, candidates seem to have very deep pockets to fund annoying robocalls, commercials, and endless mailings, but refuse to pay for primary elections.

The entire delegation claimed to agree that the system should be changed. They have sponsored legislation to remedy the situation, but the bills fail.

Griffith also pointed out that the state mandated change from electronic voting machine to paper ballots will cost Goochland more than $100,000 on top of the increased election costs. Griffith said that electricity to power the electronic machines costs ten cents PER DAY while paper ballots cost 25 cents EACH and must be stored in a secure location. He vigorously contended that every jurisdiction in Virginia faces a similar unfunded mandate and should be properly compensated by the Commonwealth.

Ware pledged to work with other jurisdictions to increase advocacy of the issue.

A major toothache for county motorist is the lack of traffic signals at several dangerous intersections. County Administrator Rebecca Dickson explained that funds to install signals at several places have been pledged by developers and local companies, but cannot be built because traffic counts at these locations do not exceed the arcane VDOT warrant threshold. The Board would like more control over this matter.

The legislators sort of agreed with this. Although the General Assembly passed legislation to  provide VDOT with a massive amount of money for transportation, little thought was given to reforming the agency itself.

School superintendent Dr. James Lane had a short list that boils down to increased local control of schools. Greater flexibility in the timing of tests, he said, would allow students to focus on more rigorous and relevant instruction.

Allowing schools to determine when they will start the school year—doing away with the so-called “Kings Dominion” law that prohibits classes from beginning before Labor Day—would also give greater local control over the instructional calendar. (Goochland has had a “waiver” to start classes in August for several years.)

Ware, Farrell and Garrett praised Goochland’s elected officials for keeping them informed about issues facing the county and for crafting a clear and concise wish list for the General Assembly.

In recent weeks, the Board of Zoning Appeals and School Board struggled to understand and apply convoluted and sometimes contradictory state laws. It would be nice, as our General Assembly delegation goes forth to legislate, if they would make laws can be interpreted by mere mortals.

Upcoming opportunities for citizen engagement

On September 11, 2013, Goochland Volunteer Fire-Rescue will hold two events commemorating the 9/11 attacks on Manhattan and Virginia.

At Courthouse Volunteer Fire-Rescue Company 5 on Fairground Road a memorial will begin at 9:45 to honor the victims and heroes of the attack on the World Trade Center.

At 7 p.m. Manakin Company 1 on Route 6 will dedicate the county's September 11 monument, which contains artifacts from both the World Trade Centre and Pentagon.

Twelve years after these heinous acts America continues to struggle against the forces of evil intent on destroying our way of life. It is important to remember those who died in the attacks and those who gave their lives trying to save others: the passengers of Flight 93; firefighters and police officers.

On a lighter note, the next Goochland Leadership Enterprise class begins on September 26. Registration closes on September 18.

Even though our county is currently in good hands, citizen engagement is vital to ensure that continues.
 
Graduates of GLE are involved in every facet of the county, including the Board of Supervisors, School Board, and Christmas Mother program. it is a great way to learn about Goochland and meet other citizens that you might not otherwise encounter. Knowledge is power. Get to know your county!

For additional information, brochure, and applications call the Goochland Extension Office at 804-556-5841 or go online at  
http://offices.ext.vt.edu/goochland/Gooch_Leadership_Class.html           

Dog wars

Goochland is not a one size fits all kind of place, especially when it comes to crafting local ordinances about dogs and hunting. Our supervisors grappled with this at their September 3 meeting as they sought to update the portion of Goochland law that deals with animal nuisances, which essentially means excessively noisy dogs.

The existing ordinance, which has been deemed unconstitutionally vague, provides no remedy for residents tormented by noise from dogs on neighboring properties. A proposed revision to the “companion animals causing public nuisance” section of the code drew a large crowd of owners of hunting and show dogs.

The proposed changes include: civil, rather than criminal penalties; specifying the duration and time of unacceptable noise; citing trespass only if it animals cause damage; and attacking other companion animals to cause injury or death. (The complete text is in Part B of the September 3 Board packet on the county website: www.co.goochland.va.us)

As Board Chair Ken Peterson, District 5, pointed out, the baying of hunting dogs in pursuit of prey is music to the ears of some people, others, not so much.

Many speakers at the public hearing on the matter observed that Goochland is country and the sounds, sights and smells of a rural area are different from a city and part of the elusive notion of rural character than everyone claims to want preserved.

Catherine O’Brien, who raises show dogs, contended that the two dog noise complaints received by the county do not constitute a clear need to tighten regulations on everyone.

Goochland County Attorney Norman Sales explained that the ordinance needs revision to make it constitutional and follow state statutes.

Several speakers contended that reducing the number of complainants from two to one provides a handy mechanism to fuel grudges between neighbors.

Floyd Smith, a gentleman of firm opinions who lives in the upper end of the county, often cautions the supervisors when he believes they are about to take the first steps on the road to ruin. He complained that the ordinance under discussion was not the same one advertised. He asked how the county would fulfill the portion of the proposed ordinance that required confinement of accused animals, which in the case of a kennel, could be 50 dogs. After consultation with animal control officers, the confinement provision was removed from the proposed ordinance.

Smith also chided the supervisors for listening to comments via email and phone from people who did not bother to attend the hearing.

Expressions of passionate concerns that the ordinance changes would eventually prevent hunting in Goochland received vigorous applause.

One gentleman contended that every change made to this part of local law affects current kennel owners. “I have no use for Goochland if I can’t have dogs,” he said.

Currently, there are more than 200 registered kennels in Goochland. Given the county’s cost structure for dog licenses, it is more cost effective to buy a kennel license than register many dogs separately.

County Administrator Rebecca Dickson pointed out that the supervisors will address revisions to the definitions section of the county code in future months. She suggested that, going forward, modifying the definition of a kennel and regulating where they may be located with regard to nearby homes could alleviate some of the issues.

Jonathan Lyle of Manakin Road pointed out that animals other than dogs can be noisy. “If the city comes to Goochland, the city needs to adapt to Goochland and not the other way around…I don’t know what problem we’re trying to solve.”

Following a break, Sales explained that the proposed ordinance exempts kennels, hunting, show, service, and rescue dogs as well as hunting and training activities.

All kennels are exempt under the proposed ordinance. Those in existence before any ordinance changes are voted into law will be grandfathered. The supervisors expect to consider revisions to the definition of "kennel"  later this year. To be on the safe side,folks considering establishing a “kennel” should do so immediately.

Bob Minnick, District 4, pointed out that, while most dog owners are responsible and respect their neighbors; some have no regard for others.  He contended that the supervisors need to provide a pathway to resolution of grievances. While the proposed ordinance revisions include civil penalties, there is no guarantee that a court will uphold a complaint. He said that he wants to receive additional input on the matter and believes that the county needs to craft a clear ordinance.

After a good bit of thoughtful discussion, the supervisors voted to defer action on the matter. As Manuel Alvarez, Jr. District 2, said the proposed ordinance as written was not “ready for prime time.”

Sales will tweak the proposed ordinance using input from the meeting and bring it back to the board in October. If the next version is substantially different from that presented on September 3, a second public hearing will be scheduled.

Growth will bring challenges to the prevailing rural sensibilities. Conflict between longtime residents and come heres will be a staple on the menu of government. The supervisors seek balance between the expectations of newcomers and the rights and traditions of Goochland. That is a worthy quest.

 

 

 

 

 

 

BZA rules on Benedictine appeal

White smoke did not emanate from the board meeting room on August 26, but the Goochland Board of Zoning Appeals finally ruled on an appeal to the Benedictine College Preparatory (BCP) School’s plan of development for its property on River Road.

Surgically “splitting the baby,” the BZA voted unanimously to overturn only the portion of the POD dealing with storm water runoff, everything else stands. The decision has no impact on the start of classes on September 3.

The four member BZA—an appointment to fill a District 5 vacancy and designate alternates are expected soon—has been grappling with this appeal since spring. Efforts to streamline the process only dragged things out.

Following the vote, BZA counsel Maynard Sipe explained that only the drainage issue portion of the POD appeal was overturned. The ruling carries a general expectation that county staff will work with BCP to adequately address the storm water management issue.

(Space was reserved on the Goochland Circuit Court docket earlier this month for November 5 to address the issue of BZA jurisdiction and expected appeals to the August 26 decision.)

Appellant Andrew Thexton, who lives about 300 yards east of the BCP property on the north side of River Road, testified under oath that, since road improvements, which include a new entrance and turn lanes, were completed, significant amounts of storm water runoff has been channeled onto his property. During storms, Thexton said, water flows across the pavement with sufficient velocity to force gravel onto River Road.

He contended that the storm runoff, shown in a video as a torrent at the eastern edge of his property, backs up his home’s foundation drains resulting in significant amounts of water in his crawl space. A photo of a ruler under Thexton’s house seems to indicate that there had been between five and nine inches of water there this summer.

Thexton said that while he has not yet seen indications of mold in his crawlspace, he is concerned about possible health issues that could arise from the moisture. Thexton said that he regularly inspects his HVAC and other equipment located under the house and had never noticed moisture on the vapor barrier before the BCP road improvements.

Thexton explained that water flowing on the south side of River Road is forced to the north side by an “earthen dam” in the ditch just west of the entrance to the Pembroke Farms subdivision, roughly opposite his home.

When he learned of the plans to widen River Road, Thexton said that he raised concerns with the county and VDOT about excess runoff winding up on his property with little result. He contended that he never received any response to enquiries made about the matter.

In response to a question from Yasmine Hamad, District 4, about remedying the situation, Thexton opined that BCP could build a retention basin to collect the runoff.

At that point, an attorney for Goochland observed that Thexton has not established any bona fides in civil engineering and was not qualified to speak on mitigation.

Then the county and BCP shared an hour for their side of the story.

Goochland Plan of Development Administrator Debbie Byrd, a professional engineer with more than 30 years of experience in erosion and sediment control, explained that her job is to ensure that state and county laws and regulations are followed. She also explained that VDOT is responsible for all roads in the county, including approval of the road component, which includes drainage, of a POD. She said that she approved the POD for BCP on January 29, 2013 after all of the parts were properly addressed, including storm water runoff management along River Road as approved by VDOT.

Byrd then explained that VDOT uses formulas to determine adequacy of outfalls that handle storm water based on specific criteria using historical rainfall data. These formulas are designed to indicate if culverts and channels that handle drainage in a particular area are either adequate or need improvement.

She said that data “plugged into” this formula must be submitted to VDOT by a licensed engineer. This seems to have been submitted by an engineer retained by BCP.

In response to a question from Hamad, Byrd confirmed that public hearings on the BCP relocation were held by the planning commission and board of supervisors resulting in approval of a conditional use permit by special exception in December of 2011.

Byrd visited the site on June 19, 2013, the day after five and one half inches of rain fell in about twelve hours, and took photos of the ditch on the south side of the road. On that day, she said, it was in good condition with no erosion or sediment in the road and no sign of flooding in the ditch in front of the Thexton property.

Dr. Richard Carchman District 1 explained the reasoning of the BZA decision saying “a picture is worth a thousand words.” Compelling images of torrents of rainwater coursing through the Thexton property during a recent storm overrode lengthy technical arguments contained in briefs undoubtedly more than a thousand words long. Also, a video of a school bus easily and safely negotiating the new entrance from the BCP property onto River Road refuted claims it could not handle vehicles expected to access the property on a regular basis.

Before the final vote was taken, Hamad said that as a Goochlander, she is proud that BCP chose to locate in the county, glad the school is here, and hopes that all parties can come to a decision to address the storm water situation.

A truncated appearance by BCP witness civil engineer Todd Borden highlighted a paucity of data submitted to VDOT for use in the outfall channel adequacy calculations. He contended that the VDOT application lacked an analysis of existing drainage, so it would not be possible to calculate change caused by road improvements.

Dr. Harriet “Dee” Phillips, District 3, supported this contention saying that, in all the evidence presented, she failed to find adequate documentation to support the VDOT decision on the water issue. She contended that even minimal increases in storm water runoff from road improvements should trigger mitigation efforts.

The narrow ruling by the BZA upheld most of the POD, which the appellants argued had been improperly approved.

If this appeal was really about storm water runoff issues, it seems to have been justified. All property owners must be protected from adverse effects of storm water runoff caused by upstream development. If it was designed to make BCP go away, it failed.

Members of the BZA are to be commended for approaching the matter in a thorough and objective manner. They spent countless hours listening to arguments, conferring with counsel, visiting the site, reading briefs, researching state and local laws, and using their intellectual skills to arrive at an impartial ruling.

Goochland is blessed to have such citizens willing and able to contribute their time and talents to the well-being of the community.

 

 

 

 

 

 

 

 

Benedictine update

No, it's not over.

Goochland Circuit Court Judge Timothy K. Sanner, after dismissing a request to impose a injunction against VDOT for approving  essentially completed River Road alterations on August 6, set a hearing date of November 5 to address an appeal  filed by Benedictine and the county on August 14. 

On Monday, August 13, the Board of Zoning Appeals voted unanimously to decline a request by the county and Benedictine to stay further proceedings until the Circuit Court rules on the jurisdiction matter.

Sanner said "good" when informed of the BZA August 13 vote. He explained that there is no way that he could rule on jurisdiction before the August 26 hearing on the merits of the appeal to the Plan of Development that has been on the BZA's plate since at least April. He also predicted that the losing party in the BZA deliberations will file an appeal and hoped for consolidation of all issues in November.

At the August 13 BZA session, Dr. Harriet "Dee" Phillips District 3 astutely observed that if the BZA had not acceded to various requests to allegedly streamline the proceedings, the BZA would have already ruled on the appeal. The  composition of the BZA is expected to change in the next few months with the addition of new members and departures of current appointees. Ruling on the matter, sooner rather than later, by. BZA familiar with the situation, is more than reasonable.

On August 26 beginning at 10 a.m., both sides will put on their full arguments. Each side will have an hour for oral presentation and witness testimony followed by questions, a linch break an deliberations. This will take place in the board meeting room of the county administration building at 1800 Sandy Hook Road on Courthouse Village. It will be a full that, hopefully, ends with a decision.

Know your county

It’s that time again. Goochland Leadership Enterprise (GLE) is accepting applicants for its fall class. Since created in the fall of 1996, GLE had informed and engaged several hundred people. Graduates participate in every facet of county life from Christmas Mother to the Board of Supervisors. They enhance the quality of life in Goochland.

In addition to exploring topics that range from Goochland history to the budget process of local government, GLE participants get to know a wide range of people from the entire county. This provides insight about the challenges and opportunities facing the county as a whole.

The GLE program consists of a series of 15 classes held approximately every other Thursday at 7 p.m. from September through March. Sessions, which are held at different locations around the county, include a dinner with the Board of Supervisors, and a visit to the Virginia General Assembly to meet with our representatives to state government.

The first class is scheduled for September 19. Registration will remain open until capacity is reached. To sign up or obtain further information, contact the Goochland Extension office at 556-5841 or visit http://offices.ext.vt.edu/goochland/Gooch_Leadership_Class.html.

The final class is devoted to the exploration of ways to get involved. Citizen engagement is vital for our form of government to flourish. GLE provides an interesting and rewarding path to community involvement.