Delegate Tim Hugo and Supervisor Pete Candland will receive the "Champion of Oak Valley" award presented by the Oak Valley HOA for the extraordinary efforts both put forth to resolve the safety issues with the dump truck traffic on Catharpin Road.
The awards will be presented at the Oak Valley HOA Annual Meeting on Wednesday, March 28 at 7 pm at the Bull Run Middle School (cafeteria) and the public is welcome to attend.
Wednesday, March 28, 2012
Monday, March 12, 2012
Prince William County Settles Lawsuit with Smith Dump Operators
Here is an email from PWC Assistant Attorney Jeff Notz that outlines the terms of the settlement with the Smith Dump operators:
March 9, 2012
Judge O’Brien signed a final order today in the Smith case. A copy of the order attached. This is a public document and you are free to share it with whomever you like.
As you will see, the order allows Mr. Smith to complete work on two ponds and a pasture area near the ponds, but he may only do so under certain important conditions. Mr. Smith may only receive a maximum of 50 truck loads of dirt per day, and he may not make any money from the dirt deliveries. Delivery hours are restricted to weekdays 7:00 a.m. to 5:00 p.m., but when Bull Run Middle School is in session the entrance gate to the farm must be closed from 7:00 a.m to 8:15 a.m., and 2:45 p.m. to 3:15 p.m. Mr. Smith has three months to complete his project. Other provisions of the order allow the County to monitor and inspect the work being done.
Given the entry of the order and its favorable terms for the County, there will not be a hearing in this case.
If you have any questions, please let me know.
Thank You,
Jeff NotzClick below to view the Smith Settlement Court Order:
Assistant County Attorney
Smith Settlement Document
Saturday, March 3, 2012
Hugo Bill Passes Senate on Way to Governor for Signature
Hugo's bill was initially seen by the Virginia Farm Bureau as an attack on farmers who have to fend off new residents of developments close to existing farms, and it is an issue that has been on the top of the radar for the extremely powerful farm lobby.
Experienced political observers gave Hug's bill ZERO chance of passage, and simply praised Delegate Hugo for his political skills in filing a bill to help his constituents despite the fact it really had no chance of passage.
Lobbyists in Richmond laughingly dubbed the bill "The Impossible Dream."
But Tim Hugo did not shrink from the challenge.
He asked the Farm Bureau leaders to sit down with him and talk about the issue.
HB1076 was about the exploitation of farm land by excavation companies looking to dump construction debris on farm land, not the preservation or enhancement of farms for agricultural purposes.
Hugo's bill provides that a locality may require a special use permit for the storage or disposed of certain non-agricultural materials, including construction debris, not originally generated on an agriculturally zoned property.
Hugo's negotiating skills, his persistence, and his willingness to stand up for his constituents paid off:
On February 14, "The Impossible Dream" HB 1076 passed the House of Delegates by a vote of 100 - 0.
Then, on March 2, HB 1076 was passed by the Virginia Senate by a vote of 39 - 0.
Now "The Impossible Dream" is headed to Governor McDonnell for signature.
When Tim Hugo called this blogger to convey the good news on the passage of this bill by the Virginia Legislature, he expressed his thanks for citizens letting him know about the problem.
A class act from a world class servant of the people.
New Virginia laws take effect on July 1st of the year in which they are signed by the Governor, so that is the date when the new powers will be held by Prince William County to restrict the exploitation of farm land by excavation companies.
The outcome is our roads and communities will be safer, and excavation companies have had the welcome mat ripped out from under them for Western Prince William County.
THANK YOU DELEGATE HUGO!
Thursday, February 16, 2012
Hugo Bill Moves to the Virginia Senate
HB 1076, Delegate Hugo's bill that will allow Prince William County to require special use permits for landfills seeking to deposit construction excavation material on farmland has passed the Virginia House of Delegates by a 100 - 0 vote. The Virginia Senate will now take up the legislation.
Contact your state senator and tell them to support HB 1076!
Here is a recommended message:
Dear Senator:
Please add my name to the list of citizens who strongly support the passage of Delegate Hugo's HB 1076 that will protect the safety of our roads and provide local governments with the tools to evaluate whether there is illegal dumping of construction debris.
Thank your for supporting this important legislation.
[INSERT NAME AND ADDRESS]
Here is a list of Virginia State Senate email addresses (put your cursor on the first email address and drag your cursor to the bottom of the list of email addresses, and then right click your mouse button, click on copy, and then go to your email program and paste the addresses in the send box):
Contact your state senator and tell them to support HB 1076!
Here is a recommended message:
Dear Senator:
Please add my name to the list of citizens who strongly support the passage of Delegate Hugo's HB 1076 that will protect the safety of our roads and provide local governments with the tools to evaluate whether there is illegal dumping of construction debris.
Thank your for supporting this important legislation.
[INSERT NAME AND ADDRESS]
Here is a list of Virginia State Senate email addresses (put your cursor on the first email address and drag your cursor to the bottom of the list of email addresses, and then right click your mouse button, click on copy, and then go to your email program and paste the addresses in the send box):
Thursday, February 9, 2012
Delegate Hugo Gets Big Win in House Committee Vote to Stop the Dump Trucks
Delegate Tim Hugo's HB 1076 received a unanimous vote of approval from the House Counties, Cities and Towns subcommittee 2 regarding land filling activities. The bill was amended to include storage and disposal of "excavation material" as an activity that a locality can require a special use permit for in an agriculturally zoned area.
In essence, the Hugo bill will permit Prince William County to review all landfill activities on agriculture zoned properties to determine if there is a legitimate farming activity associated with the use of imported excavation material, and if not they County can refuse to issue a special use permit.
Another big step to a resolution of the public safety hazard on our roads!
In essence, the Hugo bill will permit Prince William County to review all landfill activities on agriculture zoned properties to determine if there is a legitimate farming activity associated with the use of imported excavation material, and if not they County can refuse to issue a special use permit.
Another big step to a resolution of the public safety hazard on our roads!
County Board of Supervisors Gets It
The Gainesville District has a true Champion in the model of John Stirrup in newly elected Pete Candland.
Despite strong pushback from County staff, Candland has doggedly pursued changing the outdated "farmers can do no wrong" culture that prevails in Prince William County.
In a Board of Supervisors Meeting on Tuesday, citizens presented the case against the proposed Macuci Dump project on Pageland Lane. The Macuci application for a land disturbance exemption names Tim Reeves, the same excavation operator at the Smith Dump, and the person in charge of running the newest dirt landfill.
It was clear the Board understood the issue, and they promised to discuss the issue in closed session.
Insiders at the Board claim their was unanimous agreement by the Board that the public safety risks were too significant to allow up to 250 dump trucks a day to enter and leave the Macuci property on Pageland Lane and increase the danger on Pageland, Route 234, and Route 29. The Board apparently agreed that the proliferation of these dump sites in the western part of Prince William County needed to be stopped.
Pete Candland once again demonstrated he has real leadership skills (following an impressive fix orchestrated by Candland on the Waverly Farms Drive/Route 15 traffic signal issue that VDOT had denied until 2014) in achieving a result that has eluded us for years.
If you want to view the presentations made during Citizens Time at the Board Meeting, click on the link below. Mary Ann Ghadban, a Pageland Lane resident, is emerging as a real champion on this issue, and her presentation was particularly compelling and everyone needs to hear what she had to say.
CLICK HERE FOR February 7 PWC BOS Meeting
Despite strong pushback from County staff, Candland has doggedly pursued changing the outdated "farmers can do no wrong" culture that prevails in Prince William County.
In a Board of Supervisors Meeting on Tuesday, citizens presented the case against the proposed Macuci Dump project on Pageland Lane. The Macuci application for a land disturbance exemption names Tim Reeves, the same excavation operator at the Smith Dump, and the person in charge of running the newest dirt landfill.
It was clear the Board understood the issue, and they promised to discuss the issue in closed session.
Insiders at the Board claim their was unanimous agreement by the Board that the public safety risks were too significant to allow up to 250 dump trucks a day to enter and leave the Macuci property on Pageland Lane and increase the danger on Pageland, Route 234, and Route 29. The Board apparently agreed that the proliferation of these dump sites in the western part of Prince William County needed to be stopped.
Pete Candland once again demonstrated he has real leadership skills (following an impressive fix orchestrated by Candland on the Waverly Farms Drive/Route 15 traffic signal issue that VDOT had denied until 2014) in achieving a result that has eluded us for years.
If you want to view the presentations made during Citizens Time at the Board Meeting, click on the link below. Mary Ann Ghadban, a Pageland Lane resident, is emerging as a real champion on this issue, and her presentation was particularly compelling and everyone needs to hear what she had to say.
CLICK HERE FOR February 7 PWC BOS Meeting
Friday, February 3, 2012
EMAIL ADDRESSES FOR PWC BOARD OF SUPERVISORS
Select and copy these email addresses and send a message to every member of the Board of Supervisors:
All supervisors: BOCS@pwcgov.org
Chairman, Corey Stewart, cstewart@pwcgov.org
Gainesville District: Pete Candland – gainesville@pwcgov.org
Potomac District: Maureen Caddigan – mcaddigan@pwcgov.org
Brentsville District: Wally Covington – wcovington@pwcgov.org
Coles District: Marty Nohe – mnohe@pwcgov.org
Neabsco District: John Jenkins – jjenkins@pwcgov.org
Occoquan District: Mike May – mcmay@pwcgov.org
Rise Up Gainesville!
 |
| This Is Our Future on Pageland Lane |
Prince William County officials for more than two years sat on their hands while one traffic incident after another occurred on Catharpin Road involving dump truck traffic headed to the Smith Dump.
Cars forced off the road, speeding dump trucks swerving over the center line on a narrow rural road, and trucks being driven in a dangerous manner were daily routine occurrences. A school bus sideswiped and the dump truck driver did not even slow down to see if any kid was hurt.
A car was forced off the road, over the narrow shoulder, and into a ditch by a swerving dump truck and the dump truck driver never even slowed down. A witness followed the dump truck into the Smith Dump but was chased off by the landfill operator. When the police arrived they got no cooperation from the landfill operators, and everyone pled ignorance and acted like they had no clue about the problem.
On that score, they didn't have to act.
Two and a half years later, the culture of farmers being "untouchable" in the Prince William County bureaucracy started to crack.
A Zoning Violation was issued against the Smith landfill owners and the dirt mover who operated the earth moving operation on what is euphemistically known as the Smith Dump -- a nickname given to the project by the dump truck drivers themselves.
But the money and the operation involved in accepting dirt is too lucrative, and the Smith owners filed a lawsuit contesting the Zoning Violation, and all the while the Smith landfill operators claim there is no money being paid to the Smith property owners.
It is a strange argument. In a personal conversation this blogger had with Brad Smith several months ago, Brad explained that it was tough in the farming business in Prince William County, and he had to adapt to a changing marketplace. His "farm" had to find ways to generate income.
That is why there was an application to put a cell tower on the Smith property (a proposal that has since been withdrawn by T-Mobile because of local homeowner opposition and the "bad image" held by the Smith landowners in the community), and that is why Brad Smith argued he had to change directions.
He explained that he envisioned a large horse boarding operation in the future made possible by flatter grazing pastures and water ponds for livestock.
Brad did admit that he had received a loan from the dirt moving operator, and that the loan had been "ripped up" by the dirt mover when the heat was put on the operation by local residents.
And Brad admitted that the dirt mover company had made various improvements to his farm operations on an in-kind basis, including building a new road he needed connecting some outbuildings and some other small construction based projects. But certainly no money.
The economic plight of small farmers in Prince William County is real. But the price for helping them make ends meet should not be heaped upon the general public in the form of unsafe roads that are death traps for families who have to use those roads.
Supervisor Pete Candland is dead right when he said Western Prince William County is becoming the "Dump Capitol of Northern Virginia."
On November 15, 2011 the argument changed dramatically.
The claims of dump truck traffic being a ticking time bomb for a fatality to occur moved from the hyperbolic theoretical posture to reality.
It came in the form of a head-on collision on southbound Route 29 where a driver was killed by a dump truck that was fully loaded and headed to the Smith Dump.
It was only this past week that Prince William County officials confirmed that fact.
On Tuesday, at the public forum portion of the Board of Supervisors Meeting, citizens need to express their views on stopping the new proposal the will put up to 250 dump trucks a day on Pageland Lane and all of the feeder roads onto that road (Route 29 and Route 234).
It is an absolute outrage.
It speaks to pure greed putting public safety at risk.
Gainesville District Supervisor Pete Candland is literally pounding on the County bureaucracy to stand up and protect the safety of families who are threatened by this outrage.
The entire Board of Supervisors needs to send a clear message to the County staff: Do everything you can within your powers to protect the public safety.
It is that simple.
Now we need to act to let the Board know we stand solidly behind Supervisor Pete Candland, and we want our roads back.
The Board of Supervisors Meeting convenes at 2 pm on Tuesday, and there is 30 minutes allocated for 'Citizens Time" for us to speak out -- the Citizens Time is the 5th item on the Agenda.
These meetings are held at the McCoart Administration Building at 1 County Complex Court, Prince William, Va 22193.
Wednesday, February 1, 2012
Grass Roots Advocacy -- Send an Email Today!
Add your voice to the Virginia Legislature Committee that is reviewing H.B. 1076, the bill being sponsored by Delegate Tim Hugo to allow localities to require a special use permit for any "farm" activity that requires more than 20 dump trucks in a single day, thereby providing our local County officials with the tools to protect the safety of the public.
Send a personal email asking each of these Delegates to support H.B. 1076.
E-Mail Contact List for the House Counties, Cities, and Towns Committee
Copy the below into your e-mail client’s “To” field to e-mail every member
of this committee.
Send a personal email asking each of these Delegates to support H.B. 1076.
E-Mail Contact List for the House Counties, Cities, and Towns Committee
Copy the below into your e-mail client’s “To” field to e-mail every member
of this committee.
"Riley Ingram" <DelRIngram@house.virginia.gov>
"Anne Crockett-Stark" <DelACrockett-Stark@house.virginia.gov>
"James Edmunds" <DelJEdmunds@house.virginia.gov>
"Keith Hodges" <DelKHodges@house.virginia.gov>
"Algie Howell" <DelAHowell@house.virginia.gov>
"Sal Iaquinto" <DelSIaquinto@house.virginia.gov>
"Barry Knight" <DelBKnight@house.virginia.gov >
"Kaye Kory" <DelKKory@house.virginia.gov>
"Jim LeMunyon" <DelJLeMunyon@house.virginia.gov >
"Bob Marshall" <DelBMarshall@house.virginia.gov>
"Danny Marshall" <DelDMarshall@house.virginia.gov>
"Delores McQuinn" <DelDMcQuinn@house.virginia.gov >
"Don Merricks" <contact@donmerricks.org>
"Will Morefield" <DelJMorefield@house.virginia.gov >
"Rick Morris" <DelRMorris@house.virginia.gov>
"Charles Poindexter" <DelCPoindexter@house.virginia.gov>
"Lionell Spruill" <DelLSpruill@house.virginia.gov>
"Chris Stolle" <delcstolle@house.virginia.gov>
"Scott Surovell" <DelSSurovell@house.virginia.gov>
"Luke Torian" <DelLTorian@house.virginia.gov >
"Onzlee Ware" <DelOWare@house.virginia.gov>
"Tony Wilt" <DelTWilt@house.virginia.gov >
Tuesday, January 31, 2012
Good News, Bad News, and Terrible News!
The good news is that Gainesville residents now have a new fighter for the safety of our families in the form of Delegate Tim Hugo. The redistricting process that reordered the congressional and legislative districts in Virginia delivered a fantastic result in putting Delegate Hugo into Prince William County.
 |
| Delegate Tim Hugo |
Tim Hugo is a heavyweight powerhouse in Virginia politics.
Tim is the Majority Caucus Leader in the Virginia House of Delegates. In English, that means he is a leader, he has the confidence of his fellow Delegates, and he carries real clout.
The bad news is that we are going to need every bit of Tim Hugo's clout and energy to fight the blight of dump trucks who are making Western Prince William County -- as Supervisor Candland has warned -- the "Dump Capitol of Northern Virginia."
Our families have been fighting the Smith Dump for more than two years. Prince William County has issued a zoning violation against the Smith property owners, and that resulted in litigation that will be decided in late March.
But the power of the farm lobby in Virginia is immense, and over the years there have been statutes enacted to protect farm operations from growing developments to keep residential growth from interfering with farming activities. The concern about pushing farmers out of legitimate farming operations is real, and most of the statutes are wholly justified.
But it is very hard to see the farming benefits for any legitimate farming operation resulting from the three to four years of streaming dump trucks on Catharpin Road and Pageland Lane that have made those roads extremely dangerous for residents getting to and from their homes. The Prince William County Zoning Administrator found the dumping operations were commercial, and not related to legitimate farming operations.
Most important, the steady stream of dump trucks to the Smith Dump created an intolerable safety issue.
That came to a head on November 15, 2011 on Route 29. A dump truck loaded with construction debris headed to the Smith Dump was driving southbound on Rt. 29 when the driver crossed the center line and struck a pickup truck, then crossed back into the southbound lane with an overcorrection, and then swerved back into the wrong lane and struck an SUV head on. The driver of the SUV was pronounced dead at the scene.
That was terrible news for the family of that driver, and for every resident of our community.
The the terrible news keeps on coming.
The operator of the dirt moving company that manages the Smith Dump has apparently convinced another farm owner on Pageland Lane to open up a new dump site.
Farm owner Mary Karen Macuci of 5904 Pageland Lane filed an application with Prince William County in December for a multi-year landfill project that will bring as many as 250 dump trucks per day on Pageland Lane, Route 234, and Route 29, starting at 7 a.m. and continuing to 5 p.m. every day (except for bad weather days). If they cannot get a full five day work week in, they will run those trucks on Saturday.
Macuci proposes to
disturb 400,000 square feet of land with delivery of 100,000 cubic yards of
fill dirt delivered by 12,500 truck loads over a two year period resulting in
as many as 1,250 ingress trips to the dump site and an equal number leaving the
dump site. Tim Reeves, who is named in the Prince William County Zoning Violation as the manager the earth moving operation at the Smith Dump, is named in the application as the "contractor" for this new dumpsite.
Delegate Hugo has filed a bill -- HB 1076 -- in the Virginia Legislature to empower Prince William County (and other localities) to require a special exception or
special use permit be obtained for land
filling activities on agriculturally zoned
property if such activities will include
the delivery of more than 20 truckloads of
construction or excavation material to the property in one day.
That proposed bill recognizes the needs of legitimate farm operations, but it also provides needed protections from the abusive dumping operations that have created such a strong resident backlash in an effort to ensure the safety of our roadways.
 |
| Supervisor Pete Candland |
Gainesville District Supervisor Pete Candland has written a strong letter to the Western Prince William County legislative delegation asking them to support the Hugo bill.
Families now need to rise up and be counted to stop these abuses.
The Hugo bill, HB 1076, will be heard in a committee hearing on February 9 at 7 a.m. We need to let the members of that committee know we strongly support the Hugo legislation that will protect the safety of our neighborhoods.
Check back tomorrow for the contact information for those committee members.
Friday, September 9, 2011
Smith Landfill Case Continued to March 21-22, 2012
There is no change in the VDOT revocation of the construction access permits for trucks to enter and leave the Smith Landfill, so there should not be any dump truck activity (other than normal farming operations associated with actually farming on land) at the Smith Landfill between now and the March 2012 trial date.
The continuance was granted apparently after the Court agreed to a motion by Prince William County attorneys to add two new defendants to the zoning violation case, including Donovan Construction and the job foreman hired by Smith to manage the landfill operation. The new defendants apparently requested time to prepare for trial.
More to follow . . .
Thursday, September 1, 2011
Smith Attorney Concedes Smith Will Follow VDOT Order Revoking Access Permits
In the following article in the Gainesville Times, the Smith Farm attorney is quoted as saying that "All
importing and exporting of dirt, shale and rock by trucks will cease
before 6 p.m. on August 31, 2011 in compliance with VDOT's suspension of
the temporary construction entrances," McBride wrote in an e-mail. "It
is our understanding that the suspension will continue until the Court
determines whether this activity is incidental to an agricultural
operation or is a separate landfill operation."
[The web address for this article is Gainesville Times Article on Smith Landfill)
Politicos rally with community against Smith farm
By Dan RoemThere is just something weird about watching a handful of politicians rally against one of their own constituents.
Yet in the case of the Smith Family Farm in Gainesville, the dump trucks entering the property by driving along Catharpin Road has become enough of what local residents consider a safety hazard to warrant a celebration of their end.
State Sen. Chuck Colgan (D-29th), Del. Bob Marshall (R-13th), Gainesville District Supervisor John Stirrup (R) and Board of County Supervisors candidate Peter Candland (R) joined roughly 30 other supporters at the home of C. McClain "Mac" Haddow on August 20.
The purpose was to thank the politicians for their involvement in the situation and to celebrate the Virginia Department of Transportation ordering the end of the temporary construction permits at the Smith farm that allowed trucks to enter and exit the farm.
Owner Bradley Smith had until August 31 to meet that demand.
A separate trial is due to take place in late November to determine whether there is an illegal landfill operation on the farm, as claimed by county opponents.
Smith and his attorney John McBride contend otherwise and provided evidence for their claims during a July tour of the farm.
Owner Bradley Smith had until August 31 to meet that demand.
A separate trial is due to take place in late November to determine whether there is an illegal landfill operation on the farm, as claimed by county opponents.
Smith and his attorney John McBride contend otherwise and provided evidence for their claims during a July tour of the farm.
"All importing and exporting of dirt, shale and rock by trucks will cease before 6 p.m. on August 31, 2011 in compliance with VDOT's suspension of the temporary construction entrances," McBride wrote in an e-mail. "It is our understanding that the suspension will continue until the Court determines whether this activity is incidental to an agricultural operation or is a separate landfill operation."
As for the current status of the farm, McBride mentioned that the first pond is finished and fish will be able for harvest this fall. The other two ponds have been "rough graded," he added, but would not be complete by September 1.
"One pasture has been completed, fenced and is in use. The other two pastures have been cleared and leveled but have not been completely fine graded with topsoil and manure," wrote McBride. "These two pastures have not yet been completely seeded. The horse paddock and barn area has been graded and leveled."
At the rally, Haddow said that there is "illegal activity that's going on right now" regarding the farm.
That is the stated position of the county, given the November court case.
Before Haddow's comment, Marshall quipped, "I don't know if you plant dirt that you don't grow anything at all."
Stirrup alleged that Smith committed "some falsefication" when obtaining a permit from VDOT in the first place while Candland said the community came together to "improve our lives" by opposing the trucks.
The topic Stirrup raised is likely to be determined in court as it relates to the operations of the farm. Smith contends his farm is for agricultural use and mounds of tree trunks and other items have practical purposes; Stirrup said it hosts an illegal landfill.
Colgan recalled being involved in dealing with two past "stump dumps," as he called them and said the Smith case is "a good example of what you can get done" by meeting together.
Before the end of the speeches, Haddow thanked the audience again but also reminded them that "we've got a long way to go."
Haddow's Internet blog "Stop the Dump Trucks!" served as an online for those opposed to the trucks entering and exiting the Smith farm on rural, winding Catharpin Road to, usually anonymously, vent their frustration in the comments sections of Haddow's diaries.
In separate interviews, none of the politicians in attendance said they had been to the Smith farm during the last two years, which is when the controversy began.
Instead, their legal battle has been a proxy fight pitting Smith against various county and state agencies. Both sides point to past victories. Haddow insists a zoning ruling finding Smith's land usage out of order proves his point; Smith says he won the only actual legal fight in court so far.
Both claims are true but essentially just serve as build up to the November court case which is set to determine the legality of Smith's operations.
The next two months are likely to be quiet on the Smith case as Colgan, Marshall and Candland all gear up for the fall election. Stirrup lost in the Republican primary for the 13th state Senate district seat.
In the mean time, county officials and Smith are expected to prepare their legal arguments for the court date that will be held right before Thanksgiving, about two weeks after Election Day on November 8.
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