September 19, 2011

At a regular meeting of the Southampton County Board of Zoning Appeals (BZA) held in the Board Room of the Southampton County Office Center at 26022 Administration Center Drive, Courtland, Virginia on September 19, 2011at 7:30 PM.

COMMISSIONERS PRESENT

Peter F. Copeland, Chairman

David M. Holland, Vice-Chairman

Douglas Chesson

Elma A. Brown

Marie Sykes

Glenn Updike

COMMISSIONERS ABSENT

James Bradshaw

OTHERS PRESENT

Beth Lewis, Director of Community Development (Secretary)

Richard E. Railey, Jr., County Attorney

Cynthia J. Edwards, County Administration Executive Secretary

Beth Lewis, Director of Community Development called the meeting to order stating that the board needed to elect a Chairman and Vice-Chairman. Commissioner Updike nominated Commissioner Copeland for Chairman. Commissioner Holland seconded the nomination. Commissioner Copeland was unanimously voted in as Chairman. Chairman Copeland nominated Commissioner Holland for Vice-Chairman. Commissioner Brown made a motion to keep officers the same as last year. Commissioner Holland said he would not be serving. Commissioner Brown withdrew her motion. Commissioner Holland nominated Commissioner Updike for Vice-Chairman. Commissioner Sykes seconded the motion. Commissioner Updike was unanimously voted in as Vice-Chairman. Beth Lewis will be serving as Secretary.

Chairman Copeland sought approval of the minutes of the December 20, 2010 meeting.

Commissioner Holland moved, seconded by Commissioner Brown, to approve the minutes as presented. All were in favor.

Chairman Copeland apologized that the board did not have a quorum at the last meeting; therefore having to reschedule the meeting.

Chairman Copeland asked if those speaking tonight had been sworn in and for a show of hands of those planning to speak tonight. Lee Copeland swore in the following people:

Chairman Copeland opened the public hearing.

Secretary Lewis stated that the first and second property listed on the application had been withdrawn (Items 1. a. and 1 b.). Chairman Copeland stated that Mr. William Riddick was here to representAmerican K9. Mr. William Riddick, an Attorney from Smithfield and the Attorney representing American K9 spoke. Mr. William Riddick emphasized that they had withdrawn both school properties and the Bunn farm property. Mr. Riddick stated that American K9 was still making application for the Green Waste Recycling, LLC property located on Hwy. 671, and the Clarke Auto Property located on Hwy. 460. Mr. Riddick asked Chairman Copeland if he could show a six minute presentation on how the dog training was done. Chairman Copeland granted Mr. Riddick the opportunity to show the presentation. Mr. Riddick showed the video presentation and addressed the board with the following information. The contractor deals in training dogs. They have been in business since 2005 in Isle of Wight County and have 113 employees today. The nature of the business is to train dogs for use by the military combat and security operations. Labs are the only dogs being trained to recognize explosives and alert their handlers. They are the only company in the world doing this training. They started out in a residential district. Lots of people from Isle of Wight changed their mind after seeing the presentation. They are using the old Camp 20 site in Isle of Wight County. American K9 needs to expand their company due to the nature of their business. He stated that in Isle of Wight County a permit is not needed to do what they do. Since January of 2010 American K9 has operated at the Crowder-White site without incident. After the large explosionswhich were done by the State Police, their operation at the Crowder/White site has become a problem. Mr. Riddick emphasized that American K9 does not detonate explosives. They have been notified that they need a permit to operate in Southampton County.

Secretary Lewis asked Chairman Copeland if he wanted to let the audience know how to address the podium. Chairman Copeland asked those wishing to address the Board approach the podium and state their name and address before speaking.

Mr. Roushia from American K9 addressed the Board. Mr. Roushia stated that the training involves teams of trainers. They usually train 13 to 15 dogs a day. Only one dog is allowed to train at a time. There are 27 different types of explosives the dogs are trained to detect. At the Crowder/ White site the dogs search in a field. The dogs are trained to work off leash. Hand signals and whistles are used to train. The site is acclimated to the kind of areas the dogs may be subjected to. They use simulated gun fire (AK47 comparable sound). The dogs learn to work in this type environment. They usually set up and train each dog twice a day. They need big open spaces to train. Noise hasn’t been an issue. They had no complaints until after the explosion. They are dependent on the dogs overseas. The dogs have found over 1200 explosives overseas. The dogs are necessary to save the lives of the Marines. They had an open house last Thursday which was open to the public so people could see what they do. They are not using simulated gun fire all day long. There is no simulated gun fire needed at the old auto site. The Green Waste Recycling site lends itself to the type of training shown on the video. In the offer stipulations are: No simulated gun fire before 8:30 AM or after 3:30 PM, no simulated gun fire on same site for consecutive days, no training on weekends whatsoever. They are trying to come up with something acceptable so they can use the sites in the county. They use propane and oxygen to make the simulated gun fire. The trainers are professionals. When they moved to Walters they used only local contractors. They have given dogs to the local law enforcement agencies. The company is made up of good people. Mr. Roushia stated that freedom is not free sometimes it comes with inconvenience. He said they are asking for a chance to use sites in Southampton County.

Commissioner Holland asked if American K9 was paying the land owner. Mr. Riddick stated that they were not.

Chairman Copeland asked if they used mortar fires. Mr. Riddick stated they were using simulated gun fire.

Commissioner Brown asked if the clicking noise in the video was the sound of the simulated gun fire. Mr. Riddick stated it was. Commissioner Brown also wanted to know where the Green Recycling site was located. Attorney Riddick stated it was off Hwy. 671 near Shady Brook.

Chairman Copeland asked how many sites they had in Isle of Wight County. Mr. Riddick replied that they had dozens of sites in Isle of Wight County. Mr. Roushia, Co-owner/Applicant of American K9 most of the sites are in the far north part of the county which requires driving 45 minutes to 1 hour to get to these sites which is a big expense to the company just to get to the site. Therefore, they are looking for sites in Southampton which are closer.

Chairman Copeland asked what percentage of the sites in Isle of Wight use simulated gun fire. Mr. Riddick stated pretty much 100%.

Chairman Copeland asked if anyone wanted to address the board.

Attorney Jack Randall with Stallings & Bishoff spoke. He was obtained by Jenny and Blair Bunn. He stated that American K9 had been a decent to the residents of the county. He stated that Jenny & Blair Bunn operate a farm (Turtle Creek Farm) where school children come to visit and that it is their livelihood. The sound of simulated gun fire is a detriment to their business. It was affecting his clients emotionally and economically. The Planning Commission has already taken up this issue with voting 8 to 0 against the sites in Southampton County. He asked that these last 2 sites be rejected. He asked those who were against American K9 to stand. Three fourths of the audience stood. Mr. Randall asked Mr. Blair Bunn to come forward to play his video from what he witnessed of the American K9 on February 20, 2011. Mr. Blair Bunn came forward and played the video.

Mr. Blair Bunn of Three Bees Road, Newsoms, VA then addressed the board. He stated the noise from the simulated gun fire was unbearable. He purchased a video recorder just to show the board what they had to deal with. He was thankful that his site had been removed from the list. Mr. Bunn even called Mr. Michael Drake over to witness the noise they had to deal with. Mr. Drake agreed with Mr. Bunn that it was devastating. Mr. Bunn stated that at the demonstration in Walters American K9 said none of the sites were less than 150 acres. Mr. Bunn stated that they came on his property with three truckloads of dogs. His wife Jenny had a CPA business at their home and when customers came in they were asking what in the world was going on back on the farm. Mr. Blair Bunn said they had seen a long shaggy tail dog and a long shaggy tail dog was not a lab.

Chairman Copeland asked if anyone had any questions for Mr. Bunn. Commissioner Holland asked Mr. Bunn if there was no gun fire on the Clarke property if he would have a problem with them approving that site. Mr. Bunn stated that he wondered what it would come to if they were allowed to start out. Mr. Bunn said they put up signs on their property without ever asking permission. Mr. Bunn stated that they have animals on their property which they use for demonstration. It was no telling what could happen to them. Mr. Bunn said they were never asked what they thought of the training by American K9. Two days later after finding out the Bunn’s did not like what was taking place, American K9 called and said they had permission to use the property. Mr. Bunn stated no one should have to live with that all the time. He asked why they didn’t train at Fort Pickett, Quantico, or some other military base. He could not see a farm anywhere near this type of activity.

Chairman Copeland asked if there were any further questions for Mr. Bunn. Commissioner Brown asked where Mr. Bunn’s property was that was being considered. Mr. Bunn stated that his property had been removed from the list and he was only speaking for the concern of the county.

Jim Strozier of Harris Road, Franklin, VA spoke. He stated that he knows the owner of American K9 and has met some of the trainers. He supports what they are doing. He has offered his property for their use. They are not to use simulated gun fire on his property. He has a concern about turning down small businesses that want to come in the area. He owns a small business and knows how hard it is to establish a business in this area. He further stated that American K9 does employ people from the county.

Chairman Copeland asked if there were any questions for Mr. Strozier. There being no questions the next speaker was…

Mr. David Powers of 28009 Palm Street spoke. (Mr. Powers was not sworn in.) He attested to the fact the he had no money and was on food stamps until he got a job with American K9. He would be glad to have them in our county. He stated it was no different than noise from trains, airports, etc. you just had to get used to it. The training of the dogs was to save lives. Southampton County doesn’t have any business now because they don’t want to let anybody in. They turned down NASCAR, the Navy, and now they want to turn down American K9. When you turn your back on American K9 you end up turning your back on the police, the military, and in the long run yourself. American K9 is only looking for our support. People only think about themselves. How do you think the ones who have lost love ones while protecting us feel?

Chairman Copeland asked if anyone had any questions for Mr. Powers. There being none the next person spoke.

Mr. Mitchell Gray of Shady Brook Trail, Courtland, VA spoke. He worked at the paper mill for 33 years. He was just thankful he had some equipment setting around where he could use to make a living. He has no problem with American K9. When his house was shaking at lunch time one day he would have wondered what was going on if they hadn’t told him that the State Police was going to set off some explosives. He said he could only speak for the Crowder-White property. He rented a piece of equipment from Matt Crowder and when he returned it he heard a noise which he thought was an air wrench. He was told the American K9 was using simulated gun fire to train dogs. He was told the State Police were going to denote a bomb in a few days. Sure enough there was a bomb denoted at lunch time a few days later – not just one, but several. His whole house shook. The dishes in the cabinet were rattling. The mortars he wasn’t too such about. If they kept the mortars out he thought it would be fine to use the site. American K9 had been using the site for a year and he lives at Shady Brook. He never heard anything there until the State Police set off the explosives. As far as he knew he was the only one present who lived at Shady Brook. He thinks we can make some type of compromise on the noise. With 300 acres they don’t have to be on the border line.

Chairman Copeland asked if anyone had any questions for Mr. Gray. There being none the next person spoke.

Mr. Alan Edwards of Courtland, VA spoke. He stated that he is Chairman of the Planning Commission and he is representing the Planning Commission. At the Planning Commission meeting 13 citizens spoke and all spoke against American K9 coming into the county. The meeting lasted 1 ½ hours and ended with and 8 – 0 vote against American K9 coming into the county and recommended to the Board of Zoning Appeals that all nine properties be denied. Now he is representing himself. He has a problem with putting stipulations on the American K9 group because they had operated illegally for a period of time until their hand was called.

Chairman Copeland asked if anyone had any questions for Mr. Edwards.

Commissioner Updike asked if the American K9 had visited the people around the potential sites and explained what they were doing and asked how they felt. He stated that this shouldn’t have come before the Planning Commission before it came to the Board of Zoning Appeals. No one on the Board of Supervisors was aware of these operations that were going on in the county.

Chairman Copeland asked if the trucks with dog boxes riding through the county with such and such, LLC were under the same requirements. Why LLC? Attorney Railey stated that if the dog owners feared liability if they gotsued the LLC might limit their liability. They may be using LLC to keep from showing a profit. Attorney Railey stated that LLC doesn’t make something a business. We may be trying to compare apples to oranges.

The next person to speak was Carol Wellons of 37538 General Mahone Blvd. She stated that the Clarke property was close to where several handicapped people lived. Have they considered how the noise would affect thosepeople? She also wanted to know if they were going to hire any local employees.

Attorney Riddick stated that they currently have 9 employees that live in Southampton County. He also stated that there was would be no gunfire at the 460 site so the handicapped residents would not be affected.

Mrs. Wellons asked who would benefit if American K9 comes into the community. Would it bring in any revenue?

Mr. Roushia answered that they have a lot of vehicles in the area which would be buying gas, drinks, chips, etc. They would also have people coming in who would rent hotel rooms, buy homes, or rent homes. He stated they would have a very good economic impact on the county. He asked if everyone remembered Columbine and stated that we were not ready for another Columbine. He stated he is a man of God and lives that every day. He wasn’t aware that he needed a permit. He stated they are not here to make enemies.

Chairman Copeland asked if anyone had any questions for Mrs. Wellons.

Commissioner Holland asked Mrs. Wellons if she was still opposed. She said yes.

Lisa Perry was the next one to speak. She stated she was not a resident of Southampton County. She is with the Economic Development for Isle of Wight County. She had adopted a dog that did not make the program. She stated that American K9 has trained at the fair ground. They have trained out at the intermodal park for 3 months. They sent out letters to the adjacent property owners of the intermodal park and had not one single complaint. They had a problem with vandalism before American K9 started the training and now they do not have a problem. American K9 asked about training patrol dogs to attack. She got permission for them to train at the old court house building. She got permission from Safeco in the park for them to train. The Planning Commission had some concerns regarding the kennel site location of American K9. They had one complaint concerning barking. American K9 enclosed the kennels due to that one complaint. She thanked her community for letting them be there.