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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
Woodbridge District: Frank Principi – fprincipi@pwcgov.org



Rise Up Gainesville!

This Is Our Future on Pageland Lane
Sometimes Government -- and the people who run it -- prove just how inept and out-of-touch they really are.

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.

"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

The Prince William County Court has continued the zoning violation trial for the Smith Landfill previously set for November 2011 to a new trial date on March 21 and 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 Roem

There 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.


Wednesday, August 17, 2011

Rally Start Time Changed to 4:45 pm

To accommodate the schedules of the public officials we plan to honor on Saturday, August 20th, we will reset the start time for the Rally to 4:45 pm.

The event will continue as planned until 6:00 pm.

Spread the word to all your friends.

It is very important we say a LOUD thank you -- and that requires people.

Tuesday, August 9, 2011

THANK YOU RALLY FOR OUR CHAMPIONS SET FOR AUGUST 20TH


SAVE THE DATE!
AUGUST 20, 2011
4 pm to 6 pm

Home of Mac and Ali Haddow
5733 Yewing Way
Gainesville, VA  20155

_________________________________

"THANK YOU RALLY" 
HONORING OUR CHAMPIONS
FOR FIGHTING TO 
STOP THE DUMP TRUCKS NOW!

_________________________________

It is our chance to personally say "Thank You" for having the courage
to stand up to the powerful Smith family and their friends in
the County, and for continuing to stand up and by counted
for safety on our roads.  And the fight will likely continue
even after the Court Hearing in November. 

These public officials stood up and spoke out when others were silent. 
They deserve our thanks, and this event will allow each of us
to personally shake their hands and express
our thanks for their great work.

This is a Pot-Luck event, so please bring 
a "finger-food" dish to serve 6 - 8 people.




Wednesday, July 20, 2011

Blog Policy on Inappropriate Comments

I have deleted two comments (or have at least tried to remove -- there may be a lag time before the comments are actually removed from the published Blog) that were posted to this Blog that form the foundation for a policy I will, as the Blog administrator, enforce to keep the content of the comments (1) appropriate in terms of language; and (2) relevant to the discussion on the Blog.

In one instance, I removed a comment that included inappropriate language.

In the second, I removed a comment that failed to communicate any opinion, view, or even a reasonably connected thought to the content of the Blog

This policy is not any effort to suppress dissent.  We welcome dissenting comments that use appropriate language and that are relevant to the subject of the Blog.

Saturday, July 16, 2011

Smith Landfill Owner Makes His Case in Gainesville Times

Here is the link to the second in a series of articles in the Gainesville Times about the Smith Landfill operation:

http://www.gainesville-times.com/news/2011/jul/14/smith-opens-about-farm-controversy/

Brad Smith and his wife Leigh provide their explanations for the activities on the Smith property and argue the landfill is not full of dangerous material, citing in part the inspections of the Virginia Department of Environmental Quality (DEQ).

But many are suspicious of an inspection protocol that gives Smith prior notice days, or even weeks, before an inspection takes place.  Even if Smith has stopped taking dangerous materials, the pictures of the past dumping clearly shows highly suspect materials being dumped there.

Typically, when there is an issue with environmental contamination, a landowner is required to remove dangerous materials and restore the land.

Smith makes the case in the article that he and his wife had to endure the construction of Heritage Hunt and that others will just have to accept what they are doing now.  The following quote in the Gainesville Times article perhaps illustrates the attitude Smith has about how dangerous materials can make their way into the Smith Landfill:

"Some frickin' idiot that don't [sic] know how to throw away anything right." 
Brad Smith, Gainesville Times Article
July 14, 2011

Monday, July 11, 2011

Coundown to Closure: 51 Days







VDOT's Order Scheduled to Take Effect on August 31st

There have been a number of questions raised about what the VDOT suspension of the temporary construction permits will actually mean.  Here are some of those questions:

Question:  Will the suspension of the VDOT access permits stop the dump trucks?

Answer:  VDOT believes the suspension of the VDOT access permits for the Smith Farm property that had been granted to Brad Smith and Donovan Construction will result in a stoppage of any remaining work on the purported landfill operation that has been ongoing for the past three years.  Donovan Construction has other contracts for hauling and snow removal with VDOT that would obviously be at risk if Donovan Construction fails to comply with the VDOT permit suspension.

However, the Smith Farm could find another construction company to manage the purported landfill construction who would be willing to ignore the VDOT order, so there are no absolute guarantees that the trucks will stop.

Question:  Isn't it true the Smith Farm claims they are only building new grazing areas for their livestock, and that project is nearly complete?

Answer:  Testimony at the public nuisance trial last year reportedly raised concerns that the hauling of dirt to the Smith Farm was projected to continue for several more years into the future.  However, the Smith attorney stated in his June 16 letter to VDOT that the "land leveling operation is almost complete."  Mr. Richardson, the Smith attorney then stated that the "current operations involve importation of top soil to prepare the pasture land to be seeded, and removal of some material excavated from the ponds which is not suitable for topsoil or other use on the Farm."  There is no timeline provided that would allow for a discussion with concerned citizens about the safety concerns and a possible final end date.

Question:  Is it true that Brad Smith is claiming he is not making any money from the dump trucks hauling landfill onto his property?

Answer:  According to County Attorney Jeff Notz, who spoke at a public meeting at Heritage Hunt last month, Smith is claiming he receives no compensation for the dumping that is done on his property.  However, there is a price sheet purportedly published by Donovan Construction that sets the fees for dump trucks who drop their loads on the Smith Landfill, including premium fees for trucks who dump tires, asphalt, concrete, "mud or slop" and rocks larger than 1 foot in diameter.

In a telephone conversation between Mac Haddow and Brad Smith on Saturday, July 2nd, Smith stated that "farming has changed" and it "more about money than anything else."  The discovery process that is ongoing on the Prince William County Zoning Complaint litigation may well shed some light on this issue of who is getting paid and who is not.


Question:  Are the VDOT access permits for existing roads, or are they new roads?

Answer:  This is an excellent question, but unfortunately VDOT does little to verify such applications for farming operations.  Based on information gathered to date, it appears both the Catharpin Road entrance to the Smith Landfill, and the Artemus Road entrance are both new construction.  VDOT officials claim they were told that both entrances already existed and were just being improved.

Technically, VDOT should have required compliance with a variety of regulations to determine if the proposed access permits should have been granted in the first place.  However, VDOT generally allows farmers a great deal of latitude, and that permissive policy appears to have allowed Smith to install brand new entrances under the ruse of being existing entrances to his property.

Question:  Do the Smith's understand how much of a negative impact on safety the dump trucks have on Catharpin and Pageland Roads?


Answer:  In a conversation with Brad Smith's wife when I talked with her when the Gainesville Times reporter and photographer were taking pictures of the Artemus Road entrance, Mrs. Smith stated that they "could not control the way the truck driver's drove on the roads."  She was unwilling to even acknowledge the Smith Landfill had any responsibility for the number of dump trucks on the road that were headed to the Smith Landfill.   There is no evidence the Smith's have done anything to mitigate the safety hazard that is a direct result of the high volume of dump trucks that threaten families traveling on Catharpin or Pageland Road.





Thursday, July 7, 2011

Gainesville Times Article Gives Smith Dump Issue Broad Community Exposure

The local media is finally taking notice of the ongoing controversy over the Smith Dump.  Click on the link below to go to the story that appeared today in the Gainesville Times:

Gainesville Times July 7 Article on Smith Dump


There may be additional follow-up stories on the Smith Dump in the Gainesville Times.