No Cursing Foiled Again; P.E. Supervisors Still Unable to Pass New Restrictions on Citizen Language

As reported in the February 20, 2014 issue of The Southside Messenger, at the February Board of Supervisors’ meeting, two Prince Edward citizens criticized Supervisors’ Chairman Howard Simpson for his past actions, and questioned his integrity and ability. Although there was no mention of what had happened at the February meeting, Supervisors started the March Board meeting with discussion of a motion by Supervisor Jerry Townsend to change the Protocol for Public Participation at Board of Supervisors’ meetings. In particular, this change would ban “insulting” language. Supervisor Bob Timmons said the proposed change would be hard to interpret and might place unnecessary restrictions on citizen speech at meetings. The motion to restrict citizen language failed on a four-four vote when Supervisors McKay, Simpson, Townsend and Jones voted for it while Supervisors Wilck, Timmons, Cooper-Jones and Campbell voted against it. After the vote, Supervisor Timmons asked County staff and the County Attorney to come up with a proposal that would be specific enough to prevent some types of language, but preserve citizens’ right to question and criticize Supervisor actions. At the April 8, 2014 Board meeting, the question came up again, this time with specific language prepared by James Ennis, the County Attorney. This change encourages citizen input, but would prohibit “derogatory” or “disrespectful” speech and “personal attacks on Board members, staff or employees of the County.” Three citizens, including two who had criticized Mr. Simpson at the February meeting, spoke against this proposal. Sam Campbell said these modifications were designed to intimidate citizens and to shield supervisors from criticism. Henry Shelton and Kenneth Jackson also questioned the proposal. There was no discussion by supervisors prior to the vote. As had happened at the March meeting, Supervisors McKay, Simpson, Townsend and Jones voted for the restrictions on citizen language, while Supervisors Wilck, Timmons, Cooper-Jones and Campbell voted against it. The motion failed on a tie vote.

The public hearing on the proposed Fire and Rescue District and District Tax Levy was canceled based on the recommendation of the Supervisors’ Fire/EMS Funding Committee. There was a public hearing on the proposed County Ordinance Change to prohibit hunting or attempting to hunt with a weapon on a Prince Edward primary or secondary road or between the side ditches of the road. Under State Law, it is already illegal to fire a weapon in, across, or within the right of way of a public road. This ordinance change, suggested by Supervisor Bob Timmons, would also make it illegal in Prince Edward County to attempt to hunt, which includes “taking, hunting, pursuing, chasing, or shooting birds or animals, and assisting any person who is hunting, pursuing, chasing or shooting such bird or animal.” Mr. Timmons said this proposal was in response to citizen complaints about hunters hunting in or along County highways, sometimes restricting traffic and making some drivers uncomfortable with people carrying loaded weapons on the highway. He said this was in no way an attempt to restrict hunting in the County. Still, a number of hunters spoke against the proposal, opposing any hunting restrictions beyond those already in State Law. The proposed Hunting Ordinance Change failed to pass.

The second public hearing of the meeting related to whether Prince Edward County should implement its own Stormwater Management Program or let the Virginia Department of Environmental Quality (DEQ) run it. Stormwater Management attempts to mitigate changes to both quantity and quality of urban runoff caused through changes to land use. Two common examples of urban runoff problems would be erosion of land resulting from development and pollution of water resulting from runoff of impervious surfaces (surfaces through which water cannot penetrate.) An example of pollution from an impervious surface would be the oil and gasoline that runs off the WalMart parking lot during a rain. Localities or developers typically install control measures called Best Management Practices (BMPs) in order to prevent or reduce problems with urban runoff.

Prince Edward County, along with Amelia, Buckingham, Charlotte, Cumberland, Lunenburg, and Nottoway, got a grant to hire a consulting firm, Joyce Engineering, to provide advice on whether the county should choose to run the program or have DEQ do it. Lee Hill, a former DEQ employee, made a presentation for Joyce Engineering at the beginning of the Public Hearing. Some advantages of Prince Edward’s handling its own Stormwater Management Program are the following:

1. Plan reviews for construction are more likely to be done in a timely manner.

2. Developers will need to send plans to the County but not to DEQ.

3. No matter who runs the program, DEQ will get administrative fees paid by the developer. However, if the County runs the program, then Prince Edward gets fees for the cost of implementation. The County can change these fees at any time.

Some advantages of DEQ running the program are the following:

1. The County will not have to hire and/or train staff to implement the program.

2. Long term inspections and enforcement actions will be the responsibility of DEQ.

3. It will be easier for the County to deflect complaints about the program and its requirements.

There were two citizen speakers against the stormwater program in general. Richard Altice said this had nothing to do with stormwater, but was just an attempt to bully owners into giving up their land. He said it was a violation of Fourth and Fifth Amendment rights under the Constitution. Both of these amendments contain restrictions of the seizure of private property. Citizen Cindy Koether said this was an unnecessary environmental regulation and had language that needed to be more precise. The Board of Supervisors voted to let Prince Edward County runs its own Stormwater Management Program.

In other action, the Board tabled a request for financial assistance from the Buckingham Cattlemen’s Association until more details related to the request are available. Supervisors reappointed Director of Economic Development Sharon Carney to the Workforce Investment Board. Supervisors approved a resolution stating that the County fire companies and rescue squads are an integral part of the official safety program of Prince Edward County. This insures that members of these agencies are eligible for state benefits for public safety officers and emergency responders under the Line of Duty Act. Finally, even though Supervisors have advertised a possible 19% increase in real estate taxes for next year, they refused to approve a $90,000 savings in County employee health insurance costs. Supervisor Bob Timmons, who sponsored the proposal, and supervisors Pete Campbell and Pattie Cooper-Jones voted for the proposal. The other five supervisors voted against it.

The Board will hold budget work sessions on April 15 and at 3 p.m. on Tuesday April 22. There will also be a public hearing on Tuesday, April 22, at 7 p.m., on the County and School Budgets and the Tax Levies for the fiscal year beginning July 1, 2014. All Board meetings are open to the public and are held in the Board Room on the third floor of the Courthouse.