Several residents spoke at the Monday, January 13 Patrick County Board of Supervisors meeting on topics largely focused on the Berkley Group, LLC (an outside consulting firm), the county’s need for protection against forced solar energy, and finances.
Karen DeCapp said the median family income in Patrick County is $41,130, and out of 134 counties in Virginia, Patrick County ranks as the 119th poorest.
“The comprehensive spending and concern for the welfare of the citizens seem to be lost. When the County Administrator salary is three times the family income, has a $500 allowance for a vehicle and paid travel, yet believes and authorizes the taxpayers of the 119th poorest county in the state should also pay for her lunch while the food pantry has to appeal for a dime, something is amiss in this county,” she said.
When a six-figure salary is paid to a County Attorney, who becomes flummoxed by the word “redacted” while absent a hospital, and the board balks at funding an Emergency Medical Service (EMS) and resource squad, DeCapp said something is amiss in Patrick County.
“When actual, accurate internal texts are exposed by FOIA (Freedom of Information Act), and the (now former) chairman believes the reporting is slanted, something is amiss in this county. When a board member suggests having a PR (Public Relations) liaison to assist with a problem which the board created along with an unelected County Administrator who thinks and is allowed to control communication between The Enterprise, the citizens, and other employees, this only underscores how the county is on a runaway track of misguided leadership and unwise spending while ignoring and discounting the devastation its causing the county and the citizens,” DeCapp said.
As the term “rumor mill,” misinformation, and an outage of social postings and reporting are still being spoken by the BOS (Board of Supervisors) suggesting a mediator is the answer to the lack of trust and communication, DeCapp said this only highlights the lack of comprehension and frustration felt by residents.
DeCapp noted many boards of supervisors hold town hall meetings where residents are allowed to express their concerns and receive a response in a direct forum. It also allows the supervisors an opportunity to be transparent.
“Instead of playing a PR game, town hall meetings would be a direct and concise question and answer discussion between the BOS and the Patrick County citizens. Removed as the go-betweens, unelected position and businesses being an obstacle in secretly influencing an unwanted direction. It would also show and restore BOS leadership quality and dignity, which is amiss in this wonderful county,” DeCapp said.
LeeAnn Seeley said she has great concern with the county’s direction, especially with the role of the outside consultants and related costs.
“I have reviewed the agreement originally between Patrick County and the Berkley Group and understand they were used to find us a candidate for County Administrator. Now our County Administrator is using the Berkley Group for Third Party Land Use Review Support to Patrick County, principally for the review of solar facility projects,” she said.
Seeley noted the cost of hourly rates are up to $900 an hour for the Berkley Group “at least for the review of solar projects,” and $3,600 is paid per month for planning services with $120 per hour paid for on site trainings.
Seeley also had a few questions she hopes and expects to be answered at the next meeting including liability assumed by the group for its recommendations concerning any solar projects or any land use review, if there a vote taken by the Planning Commission or the board of supervisors concerning the group’s role, if the county administrator acted alone to execute the contract for third party review and support without the approval of the Planning Commission or the board, and if the county has a toxic waste ordinance or resolution.
“As a citizen of this county, I don’t trust the way our money is being spent or being run. Most of the people … live paycheck, or are living on Social Security. Have any one of you, including the County Administrator, gone to the food bank on distribution day, and seen the line of people who need food. I have. This county is not rolling in the dough, but we spend as though we are,” Seeley said.
On multiple occasions, Vance Agee said county residents proposed that a toxic chemical control resolution should be established by the county.
“As our business sector evolves, clear and concise guidelines must be in place to manage commercial endeavors in Patrick County. The establishment of toxic chemical guidelines must meet or exceed state and federal regulations,” he said.
Agee said he believes these restrictions should be at the sole discretion of county residents and taxpayers.
“Our goal is to prevent any catastrophic risk and liability that are present in all industrial scale operations. Protecting human health and the environment should be the highest priority goal to any rational thinking administration,” he said.
Agee then listed 11 documented lawsuits involving toxic chemicals, per-and polyfluoroalkyl substances (PFAS), (also known as forever chemicals), chemical spills, dumping, and pollution.
Ed Pool said the foundational principle of a risk management analysis is to determine the value of a contract that does not perform.
“If the contract does not perform for any reason, default, bankruptcy, mismanagement or an act of God as defined – who experiences the financial loss or liability including injury,” he asked.
Pool said it’s imperative that the county establish the terms of a contract for toxic chemicals and establish the risks for all industrial projects.
He believes the Planning Commission must establish a non-negotiable policy for the production of documentation certified by sellers declaring the content of the registered Environmental Protection Agency (EPA) Toxic Substances Control Act (TSCA) chemicals or compounds and other chemicals that the county deems to be threatening to environmental resources and assets.
“The county must demand that safety data sheets be provided establishing known toxic hazardous risks from manufactures, assemblers and sellers to conclude a risk management analysis. Alternatively, certifications of warrant of fitness or warrants of safety executed by corporate signatories may be provided in lieu of SDS sheets solely at the county’s discretion,” Pool said.
As Agee stated, Pool noted that private, county, state, and corporate entities are now involved in serious litigations to clean up hazardous materials that have been known for decades but not acted upon by the governing bodies who should have been protecting the public.
He added that these governmental operations are faced with enormous financial losses, which will be paid for by the public and could have been avoided by prudent risk management analysis.
He said the consulting groups “who has no financial liability for their work product, should clearly communicate instruments such as confirmed and irrevocable letters of credit, bonding terms backed up by executed letters of intent from bonding underwriter operations and how to negate the Western District of Virginia Danville Divisions March 9, 2011, ruling in case No. 4:20 – cv 00057 to the” county’s advantage.
A little over a year ago, Trena Anderson recalled the county was in need of a new county administrator and the consulting firm was hired to search for candidates.
The board hired one of the candidates, and was then hired by the county administrator “to assist in writing our comprehensive plan and solar ordinance,” she said, and alleged financial relationships with various solar companies.
Noting the county also is a member of the Virginia Association of Counties (VACO), Anderson said, “By now I think that everyone in the room tonight gets it.” She added that templates provided for local governments to write their own ordinances also can be found all over the internet.
“There is no financial benefit for us, only additional expenses. Patrick County is paying for personnel and consultants that don’t benefit us. The county administrator is spending money that we can’t afford on services, additional county employees and creating new positions,” she said.
The county is currently in a precarious financial position, Anderson said, adding the spending must stop immediately.
“We need a county administrator with experience and a proven track record. An administrator who is not engaged with all of these consultants. This board and taxpayers are being taken advantage of,” Anderson said.
Malcolm Roach spoke about the need to move the Ayer’s Orchard voting precinct to meet the Americans with Disability Act (ADA) standards.
Galen Gilbert discussed Brightspeed – a telephone and internet provider, the county’s budget, and Jeb Stuart Volunteer Rescue Squad.
